Legislative clarification
I, as well as a large part of citizens, use the Internet stores for remote purchase of goods. And really, it is so convenient - a wide choice, fast delivery to home, often low price. Low price goods attracts the buyer. Usually he chooses the goods, puts in the basket, pays, gets and in the end rejoices at his purchase.
But what if the actual cost presented on the store’s website was not established by the seller, but appeared because of a technical failure, because of which the seller is not profitable to ship the goods at the declared price? The orderly sequence collapses: the seller cancels the order and returns the money received.
What to do? Can a seller be required to deliver the goods or can the seller unilaterally refuse to perform?
The Supreme Court of the Russian Federation prepared a Review of Consumer Protection Jurisprudence, which provided a detailed response to this and other relevant issues. I suggest you get acquainted!
And incidentally, the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation came to the following conclusion: the buyer, having ordered the goods and paid their price, accepted the offer to buy the goods at a fixed price, In other words, a sales contract was concluded between the parties and the seller was obliged to hand over the goods to the buyer. There was no evidence that the buyer should have recognized a technical error in the public offer.
It was therefore decided to refer the case to the court of first instance for a new hearing.
Dear friends, remember that each situation is unique, so do not neglect to apply for qualified legal assistance to specialists!