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.

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:

remote trade – form of retail trade in case of which the sales of goods are performed without use of shopping facilities based on the agreement of retail purchase and sale (further – the agreement) signed without simultaneous presence of the seller and the buyer after acquaintance of the buyer with the descriptions of the goods offered by the seller containing in catalogs, prospectuses, advertizing, booklets or provided in the photos or other information sources sent by the seller to the uncertain group of people with use of services of operators of mail service or extended in mass media or any other methods according to the legislation in the field of information, informatization and information security including in the global computer Internet (further – the Internet), excluding possibility of direct acquaintance of the buyer with goods or their samples at the time of the conclusion of the agreement;

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.

3. When implementing remote trade sale is not allowed:

alcoholic, low alcohol beverages and beer;

the dietary supplements to food applied to maintenance in the physiological limits of functional activity of organism (containing in the structure biologically active agents, vitamins, microelements, mineral substances, amino acids, live microorganisms and (or) their metabolites making the normalizing impact on structure and biological activity of microflora of digestive tract);

veterinary means;

medicines;

not tobacco nicotinocontaining tobacco products;

weapon and cartridges to it;

pyrotechnic products of household purpose;

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.

When implementing remote trade sale of the dietary supplements to food applied to enrichment of food of the person (the proteins containing additional sources in the structure, fats, carbohydrates, food fibers), is allowed only 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 also in case seller is the manufacturer of such goods irrespective of availability at it the shopping facility and (or) storage facilities.

4. Until the conclusion of the agreement the seller shall inform the buyer the following information:

full name and the location of the legal entity or surname, own name, middle name (if that is available) and the residence of the individual entrepreneur, and also information on state registration of the legal entity or the individual entrepreneur;

numbers of contact telephone numbers, the e-mail address of the seller, and also person authorized by the seller to consider addresses of buyers about violation of their rights, stipulated by the legislation about consumer protection;

operating mode;

name of goods;

specifying on the regulating documents establishing quality requirements of goods (for the goods issued according to such regulating documents) if other is not provided by technical regulations of the Customs union and Eurasian Economic Union;

data on the main consumer properties of goods, and concerning foodstuff – about structure, nutrition value (for the products intended for baby, clinical and dietary food – the caloric content, availability of vitamins), specifying on the fact that foodstuff is genetically modified if contain in it genetically modified constituting (components), data on special properties (special nutritious properties, indications and contraindications to application by separate age groupes of the population, and also in case of separate types of diseases) foodstuff, the declared properties of specialized foodstuff in the presence of the documents confirming the declared properties;

price, conditions of acquisition and payment of goods, and also payment methods of goods;

methods and delivery dates of goods;

price and payment terms of the goods delivery;

warranty period if it is established;

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