RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of January 15, 2009 No. 31

About approval of Rules of sales of goods when implementing remote trade

Based on subitem 1.2 of Item 1 of article 6 of the Law of the Republic of Belarus of January 8, 2014 "About state regulation of trade and public catering" the Council of Ministers of the Republic of Belarus DECIDES: No. 128-Z

1. Approve Rules of sales of goods when implementing remote trade (are applied).

2. It is excluded

3. Recognize invalid:

Item 1 of the resolution of Council of Ministers of the Republic of Belarus of September 8, 2006 No. 1161 "About some questions of implementation of retail trade on samples with use of the Internet" (The national register of legal acts of the Republic of Belarus, 2006, No. 148, 5/22884);

subitem 1.7 of Item 1 of the resolution of Council of Ministers of the Republic of Belarus of July 12, 2008 No. 1012 "About modification of some orders of the Government of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2008, No. 174, 5/28002).

4. Grant the right to the Ministry of anti-monopoly regulation and trade to make explanations about procedure for application of Rules of sales of goods when implementing remote trade.

5. To the republican state bodies and other state organizations subordinated to the Government of the Republic of Belarus, regional executive committees and the Minsk Gorispolkom to bring the regulatory legal acts into accord with this resolution.

6. This resolution becomes effective since January 16, 2009.

Approved by the Resolution of Council of Ministers of the Republic of Belarus of January 15, 2009 No. 31

Rules of sales of goods when implementing remote trade

1. These rules govern the relations between buyers and sellers when implementing remote trade, and also other relations connected with such trade.

Action of these rules does not extend to remote trade in the released material resources of Armed Forces, other troops, military forming and paramilitary organizations of the Republic of Belarus.

2. For the purposes of these rules terms in the values established by the Law of the Republic of Belarus of January 9, 2002 No. 90-Z "About consumer protection" and the Law of the Republic of Belarus "About state regulation of trade and public catering" and also the following terms and their determinations are used:

the owner of the Internet platform – the legal entity, the individual entrepreneur exercising the rights of possession, uses and (or) orders the Internet platform providing its functioning and rendering to sellers and buyers services in access to the Internet platform, other services connected with sales of goods by means of the Internet platform;

the owner of Item of issue of orders – the legal entity, the individual entrepreneur owning Item of issue of orders on the property right or other legal cause, involved by the seller and (or) the owner of the Internet platform to acceptance, storage, transfer of goods to buyers and also for obtaining from buyers of returns of goods and (or) rendering other services connected with implementation of remote trade with use of the global computer Internet (further – the Internet), or the seller and (or) the owner of the Internet platform;

the Internet platform – the website on the Internet (its part, appendix for the mobile device, other information resource having connection to the Internet) giving opportunity of implementation of remote trade at the same time to two and more sellers, including providing possibility of placement of information on goods and sellers, comparison and selection of goods, the conclusion of agreements of retail purchase and sale and payment of goods, the choice of method and the organization of the goods delivery;

the buyer – the physical person having intention to acquire or acquiring goods for the personal, family, home and other similar use which is not connected with business activity;

the seller – the legal entity, the individual entrepreneur performing retail trade;

Item of issue of orders – capital structure (the building, construction), the isolated room or their parts or the special automated equipment in which acceptance, storage, transfer of goods to buyers, and also obtaining from buyers of returns of goods and (or) rendering other services connected with implementation of remote trade with use of the Internet are performed;

the electronic message – the information electronically prepared, sent, received and stored by means of information and communication technologies.

3. Remote trade with use of the Internet is performed through online store, with use of other information networks, systems and resources having connection to the Internet, giving opportunity to choose goods and to sign with the seller the agreement of retail purchase and sale (further – the agreement) in these networks, systems and on these resources (further, unless otherwise specified, – Internet resources), and also by means of Internet platforms.

4. The seller has the right to perform remote trade from the date of inclusion of data on this form of trade in the state information resource "Trade Register of the Republic of Belarus" (further – the Trade register), and in case of implementation of remote trade with use of the Internet through online store – from the date of inclusion of data on this online store in the Trade register.

5. When implementing remote trade sale is not allowed:

alcoholic, low alcohol beverages and beer;

not tobacco nicotinocontaining tobacco products;

weapon and ammunition to it, and also components and components of weapon and component parts of ammunition;

poppy seeds;

tobacco products, liquids for electronic systems of smoking;

jewelry and other household products, gold leaf and sugary silver, coins from precious metals, measuring ingots and the facetted gemstones if other is not established by the President of the Republic of Belarus;

other goods, remote trade in which is prohibited by the legislation.

6. When implementing remote trade sale of dietary supplements is allowed to food in the presence at the seller of the shopping facility and (or) storage facilities in which sale and (or) storage of such goods are performed and sale of pyrotechnic products of household purpose – in the presence at the seller of shopping facilities in which sale of such goods is performed.

7. Goods offering when implementing remote trade is recognized the public offer if it contains all essential terms of the contract.

8. The acceptance of the buyer goes to the seller who directed the offer by means of telephone, mail, electronic or other communication, including by means of use of the Internet, and also the different way which is not prohibited by the legislation allowing to determine authentically that the acceptance proceeds from the buyer.

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