Marketplaces have their prices set – Kommersant FM
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Online stores will be required to sell goods at the original price on the website. Even a technical failure should not affect the cost, said Chairman of the Supreme Court Vyacheslav Lebedev. He emphasized that a purchase and sale agreement involving consumers cannot be canceled unilaterally. His words are quoted by the RAPSI agency. What was the precedent for such a decision? How will online trading change now? Alexander Mezentsev will tell you.
In July, a resident of Volgograd went to the TSUM website and saw unusually low prices for goods. The cost of clothing started from 19 rubles, and the most expensive item was offered for 130 rubles. The man purchased 19 items and paid for them 850 times less than their real value. After payment, he received a confirmation, and then a notification about the cancellation of delivery and a refund.
The client filed a lawsuit, but all authorities sided with the store. The buyer reached the Supreme Court, which agreed with the claim and sent the case for a new trial… But so far the claim has been rejected again. Nevertheless, it is likely that in such cases Russian courts will increasingly side with buyers, believes Roman Shabanov, a lawyer at the S&K Vertical law office:
“In terms of changes in legislation, it is unlikely that there will be anything, this is some kind of announcement of the future direction in judicial practice. The courts often hear disputes that when purchasing goods remotely, the consumer adds them to the cart, then starts checking out and is surprised to discover that when he added the goods to the cart, the price was the same, and then changed. The Supreme Court considers such situations unacceptable, and the TSUM case will be a practical guide.”
A similar situation occurred 2.5 years ago in Ufa. In the Svyaznoy Network online store, a man bought a TV for only 500 rubles. On the day of expected delivery, he was informed that the product was out of stock. The company unilaterally terminated the contract and returned the money. Further, the scenario was partially reminiscent of the TSUM case: a man filed a claim, was initially rejected, and then the Supreme Court sided with the buyer. If the amount is small, it is easier to transfer the goods to the client. But it’s better not to allow such large-scale disruptions, says Elena Nikitina, deputy general director of the Chancellor men’s clothing store chain:
“We always stand on the client’s side. For example, we have a product that a potential buyer saw cheaper on another site, and we can sell him this item at a lower cost. This is credited to the loyalty program. But, of course, we are not ready to bear such losses as TsUM, so we are trying to make sure that such failures do not occur.”
The largest marketplaces are also ready to take the client’s side in case of a technical error. Wildberries told Kommersant FM that the final amount is the amount that the buyer paid for the product, and the seller cannot cancel the order under any circumstances. Moreover, it is unprofitable to do this; the site punishes for such manipulations.
Companies should be prepared for losses, especially for technical reasons, says the founder of the 21 Shop chain of stores and the Zaporozhets Heritage brand, Mikhail Labakhua:
“I had an experience where I bought an iPod for about 2.5 times cheaper due to a technical glitch from an electronics retailer. The next day its price was already normal. We have also had such cases, it’s just that no one probably buys as much as at TSUM – a completely different client comes there. It went to a person at this price and through our fault, which means it was our mistake, and we will sort it out internally. Loss is an inevitable part of life.”
So far, there is no established practice in such cases. But the lawyers interviewed by Kommersant FM advise that when purchasing online, take a screenshot of the original cost of the product and save electronic receipts after payment. Another option that is guaranteed to get rid of such situations is to purchase things in offline stores.
Everything is clear with us – Telegram channel “Kommersant FM”.
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