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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 retail trade on samples

(The last edition from 01-03-2019)

According to the Law of the Republic of Belarus of January 9, 2002 "About consumer protection" and the Law of the Republic of Belarus of January 8, 2014 "About state regulation of trade and public catering in the Republic of Belarus" the Council of Ministers of the Republic of Belarus DECIDES:

1. Approve the enclosed Rules of sales of goods when implementing retail trade on samples.

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 retail trade on samples.

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.

Prime Minister of the Republic of Belarus

S. Sidorsky

 

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 retail trade on samples

1. These rules govern the relations between buyers and sellers when implementing retail trade on samples.

2. For the purposes of these rules terms and their determinations in the values established by the laws of the Republic of Belarus of January 9, 2002 No. 90-Z "About consumer protection" and of January 8, 2014 No. 128-Z "About state regulation of trade and public catering in the Republic of Belarus", the technical regulation of the Customs union "About safety of food products" are applied (TR CU 021/2011) made by the Decision of the Commission of the Customs union of December 9, 2011 No. 880, and also the following terms and their determinations:

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;

trade on samples - the form of retail trade performed without (out of) shopping facilities by sales of goods under the agreement of retail purchase and sale (further - the agreement) signed without simultaneous presence of the seller and the buyer based on 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 including in the global computer Internet (further - the Internet), excluding possibility of direct acquaintance of the buyer with goods or their samples till the moment and at the time of the conclusion of the agreement.

3. When implementing retail trade on samples sale is not allowed:

alcoholic, low alcohol beverages and beer;

dietary supplements to food;

veterinary means;

medicines;

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.

When implementing retail trade on samples sale of perishable food products and food products for food of athletes is allowed only in the presence at the seller of the shopping facility in which sale and (or) storage of such products are performed, and also in cases when seller is the manufacturer of such products irrespective of availability at it the shopping facility.

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

name (trade name) and location of the legal entity; if seller is the individual entrepreneur - surname, own name, middle name (if that is available) and the residence of the individual entrepreneur, information on state registration, and also the name of the body which performed its state registration as the individual entrepreneur;

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;

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