the seller cannot change the price of the purchased product due to a failure in the system – Kommersant

Chairman of the Supreme Court Vyacheslav Lebedev said that the seller cannot change the price announced to the buyer for the goods, citing a failure on the website. He spoke about this at the XII International Legal Forum of Asia-Pacific countries, reports “RAPSI”.

Mr. Lebedev explained that in a social state, freedom of contract should not lead to a violation of the rights of citizens, who are provided with increased legal protection in contractual legal relations. He emphasized that the legislative provisions of a service contract, thanks to which the contractor has the right to refuse unilaterally, do not apply to contracts with the participation of citizen-consumers.

“The courts also take into account that when trading on the Internet, the seller does not have the right to unilaterally change the price announced to the buyer at the conclusion of the contract, including citing a technical failure in the operation of the Internet site,” said Vyacheslav Lebedev.

In the summer, the story of a Volgograd resident who took advantage of a technical failure and bought luxury items in TSUM at low prices. Initially, the money was debited from the account, messages from the store were sent to the mail and phone, but later the man received a notification that delivery was impossible, and the money was returned.

The man reached the Supreme Court, which sided with the plaintiff and sent the case for a new trial. The lower court again rejected the man’s request. The reasoning behind this decision has not yet been reported.

More details in the material “Purchases have been reset to zero”.

Alexandra Goroshilova