Didn't pay for the parcel. The nuances of refusing a parcel by cash on delivery if the wrong product was sent

From the point of view of protecting the rights of both parties to the transaction - both the buyer and the seller - purchasing goods remotely has great risks. Because of this, and also because of the popularity of this method of making purchases, various disputes often arise between the parties to the transaction.

One of the topics of debate is the redemption of a parcel that is sent by mail with cash on delivery. It is important to know what rights the buyer and seller have in this case, whether there are legal grounds for refusal and what the consequences may be.

Cash on delivery is a method of purchasing goods remotely, in which its cost is paid only after receipt. Unlike prepayment transactions, the risks from this method mainly fall on the seller. They are as follows:

Cash on delivery – parcel paid upon receipt

1. The seller will have to additionally visit the post office to collect money for the goods.
2. A long delay between the sale of a product and receipt of money for it leads to the fact that the seller’s turnover of funds slows down.
3. The buyer may simply not pick up the parcel, and then it will be sent back. In this case, the seller will pay both the cost of shipping and storage services, which will ultimately result in a considerable amount.

For the buyer, the main inconvenience is that he has to pay double shipping costs - for his goods and for sending money back.

During the time it takes for the order to be delivered, its financial situation may change significantly and there will simply be no money to buy back the goods. Therefore, you need to know how to properly refuse a parcel by cash on delivery and what risks may arise.

How to refuse a parcel by cash on delivery?

Reasons for refusal to receive a parcel by the buyer may be the following reasons:

• there are doubts about its contents (for example, if a large item was ordered, but the size or weight of the box indicates otherwise);
• the cost of the parcel does not correspond to the price of the goods at which it was purchased;
• the buyer simply changed his mind about purchasing the order or is unable to do so (went to another city, is in the hospital, etc.).

You can refuse to receive a parcel regardless of what item is contained in it (even if it is included in the list of goods that cannot be returned). This is due to the fact that until the buyer receives the parcel, the purchase and sale transaction is not considered completed and the goods remain the property of the seller.

The procedure for refusing a cash on delivery parcel can be carried out in two ways:

1. The buyer can come to the post office and refuse to receive the parcel in writing or put a corresponding mark in the notice. The basis for this will be clause 45 of the Rules for the provision of postal services, which were approved by Decree of the Government of the Russian Federation No. 221 of April 15, 2005. In this case, no payment will be required from him, and the goods will be sent back to the seller.
2. The buyer can simply ignore the notification from the post office and not show up to receive the parcel. After a certain period (about a month), the goods will be sent back. Moreover, even if the recipient received a notification about the parcel and signed for it, this does not impose any additional obligations on him.

Of course, the first option will be more honest and fair towards the seller, but the second method of behavior is also completely legal. However, in each of these cases, certain consequences may occur for the buyer.

Possible consequences of failure

To avoid litigation, warn the seller about the refusal

The only legal action the seller can take is filing a lawsuit. Since ordering goods remotely is a special way of concluding a purchase and sale transaction, its parties have certain rights and obligations.

The buyer, although he has the right to refuse to purchase the item, is still obliged to reimburse the seller for the cost of its delivery.

In accordance with clause 20 of the Rules for the sale of goods by remote means, approved by Decree of the Government of the Russian Federation of September 27, 2007 N 612, a transaction for the retail sale of goods by remote means is considered concluded from the moment payment has been made or the seller has received an order from the buyer for its purchase . Therefore, if the seller has evidence of the order, he can recover from the buyer the costs incurred by him.

However, in practice this option almost never occurs. This is due to the fact that the cost of shipping is not so high, so not a single more or less reputable store will sue over such an amount.

If the seller works according to a cash on delivery scheme, the risk that the goods will not be purchased should be included in his expense item or included in the cost of the item itself. But besides the threat of possible litigation, other consequences are possible:

1. Including the client in the store's blacklist. Not everyone has such lists, but most sellers still practice compiling them. It includes all clients who have not fulfilled their obligations to the seller. In the future, this may result in the store simply not cooperating with such a client and even transferring data about him to other sellers.
2. Selling debt to collectors. This method is not entirely legal, but is practiced by some stores. Its essence is that employees of a collection agency call an unscrupulous buyer and demand the purchase of the parcel, threatening or insulting him. Of course, all this is illegal and does not pose any particular threat, but there is also little pleasant in it.
3. Restriction on future transactions. When further placing orders in this store, the buyer may be required to make an advance payment and even reimburse postage costs for the previous parcel.

But all these risks are not particularly great and are most often applied only to those buyers who have not purchased the parcel more than once.

The need to refuse a parcel by cash on delivery may arise for any, even the most responsible buyer. To act in this situation legally and fairly in relation to all parties to the transaction, you need to adhere to the following rules:

1. It is worthwhile to notify the seller as quickly as possible about the refusal to repurchase the parcel and explain the reasons for this. Of course, this won’t save him from shipping costs, but at least he won’t have to pay for postal services to store the goods.
2. Another way to protect the seller from additional expenses is to go to the post office and write a refusal to receive the parcel. In this case, it will be sent back immediately, and you will also not have to pay the cost of storing it.
3. It is better to buy goods with advance payment and at the moment when you have money for it. In this case, the risks are transferred to the consumer, but if the transaction is made with a large and reliable online store, their level is low.

It is important to remember not only your interests, but also those of the seller. In order to safely make purchases online in the future and not be afraid of a lawsuit or threats from debt collectors, it is better to try to fulfill your obligations or at least notify the store of your reluctance to buy the parcel.

However, in each of these cases, certain consequences may occur for the buyer. Possible consequences of refusal The only legal action that the seller can take is filing a lawsuit in court. Since ordering goods remotely is a special way of concluding a purchase and sale transaction, its parties have certain rights and obligations. The buyer, although he has the right to refuse to purchase the item, is still obliged to reimburse the seller for the cost of its delivery. In accordance with clause 20 of the Rules for the sale of goods by remote means, approved by Decree of the Government of the Russian Federation of September 27, 2007 N 612, a transaction for the retail sale of goods by remote means is considered concluded from the moment payment has been made or the seller has received an order from the buyer for its purchase .

How to refuse a parcel by cash on delivery?

Regulatory framework According to Russian legislation, purchases in online stores are regulated by the following regulations:

• Federal Law “On Protection of Consumer Rights”.
• Rules for the provision of postal services.
• Civil Code.

Additional information In accordance with Article 26-1 of the Federal Law “On the Protection of Consumer Rights”, the buyer has the right to refuse the parcel upon receipt or after 7 days. In some cases, the client retains the right to return purchased goods for up to 3 months (if the return conditions have not been agreed upon in advance).
The essence of cash on delivery The essence of the service is that the client places an order without making an advance payment. Payment is made only after receiving the parcel at the post office, and the cost of delivery and the fee for sending funds to the seller are added to the amount of the order itself.

What happens if you do not redeem the parcel with the tax payment?

In the local branch of ChunZhan Province (conditionally), or should they go to the Russian Federation and apply at the place of residence of the vehicle? You already feel the delirium of the situation, no? Further..5) For reference, even in our country, where there is a catalog sales system (for example, Quelli, OTTO magazines and others like them), despite the fact that there is a similar system for selling things (cash on delivery) and even the fact that a legal entity (sender) and an individual (recipient) are citizens of the same state and it seemed (according to your version) could be collected, this does not happen! Have you ever wondered why? And just think about it, the real right and de jure, the right of ownership has not been transferred, the owner remains the same, and the postal expenses incurred relate to the risks and expenses laid down in advance (hidden article/category). And in conclusion, I will answer again in the affirmative - upon arrival of the parcel , by mail and write a refusal to receive it, without fear of consequences.

I don’t want to pick up an order from the post office sent by cash on delivery

They are as follows: The seller will have to additionally visit the post office to collect money for the goods. A long delay between the sale of a product and receipt of money for it leads to the fact that the seller’s turnover of funds slows down. The buyer may simply not pick up the parcel, and then it will be sent back. In this case, the seller will pay both the cost of shipping and storage services, which in the end will turn out to be a considerable amount. For the buyer, the main inconvenience is that he has to pay the cost of shipping in double amount - for his goods and for sending money back.

During the time it takes for the order to be delivered, its financial situation may change significantly and there will simply be no money to buy back the goods.

Refusal of parcels by cash on delivery

If the contents of the parcel do not correspond to the order Despite the apparent attractiveness of shopping in online stores, the difficulty of choosing for customers lies in the lack of opportunity to examine the product and evaluate its quality. The basis for making a decision to purchase is only the photographs and description of the object presented on the seller’s website.

Important

Please note Therefore, consumer rights are protected by a law with the appropriate title. According to the Federal Law “On the Protection of Consumer Rights” (Article 26-1), the consumer has the right to refuse the product within seven days after receipt.

If the contract between the seller and the buyer did not initially establish possible return periods, then the maximum period for the client to make a decision to refuse is 3 months.

What happens if you don’t pick up the parcel from the post office?

Therefore, if the seller has evidence of the order, he can recover from the buyer the costs incurred by him. However, in practice this option almost never occurs.
This is due to the fact that the cost of shipping is not so high, so not a single more or less reputable store will sue over such an amount. If the seller works according to a cash on delivery scheme, the risk that the goods will not be purchased should be included in his expense item or included in the cost of the item itself.

Info

But besides the threat of possible litigation, other consequences are also possible: Inclusion of the client in the store’s blacklist. Not everyone has such lists, but most sellers still practice compiling them.

It includes all clients who have not fulfilled their obligations to the seller.

If you don’t receive a parcel at Russian Post, what are the consequences?

Another significant advantage for the client is saving time on payment for goods, since it will coincide with the time of receipt. Please note: The only drawback of sending cash on delivery is the increase in the final cost of the goods.

But in this way the buyer pays for his peace of mind. On the other hand, the cash on delivery service is associated with certain risks for the seller, for example:

• when sending goods by cash on delivery, the seller has to wait until the client receives the parcel and pays for it;
• the lack of instant payment leads to a slowdown in cash flow;
• If the client refuses to pick up the parcel by cash on delivery, then the costs for sending the goods to the buyer and back will be borne by the seller.

Representatives of companies engaged in remote trading are aware of the risks and possible damage from the actions of unscrupulous clients.

Goods of good quality Goods that are returned not due to poor quality or defective goods must retain their presentable appearance and original properties at the time of sending to the seller. At the same time, the buyer of a cash on delivery parcel must retain documents confirming the fact of sale - checks, receipts.

If the client does not have such documents, he has the right to prove in other ways the fact of purchasing the property from a specific seller. The procedure for returning a parcel by cash on delivery to the online store consists of three stages:

1. notification to the seller of the intention to return the goods;
2. drawing up a return application;
3. forwarding the goods to the seller.

Attention: The commission for sending money back to the buyer is paid by the seller. It is prohibited to return products made to order or intended for personal use.

Attention

Consequences of refusal Essentially, the client can refuse to receive a parcel by cash on delivery in two ways:

1. Visit the post office in good faith and write a refusal application.
2. Ignore the fact that the parcel has arrived and do not come to the post office. In this case, the goods will be sent to the sender after a month.

Of course, it would be more correct to go to the post office and write an official refusal.

But in this case, shipping costs will be borne by the client. If you follow the second scenario, the recipient will not incur any costs immediately, but the seller has the right to go to court to recover compensation.

Please note: In reality, such cases rarely go to court, since the delivery amounts are usually not so large, and the seller still has to prove the fact of violation on the part of the buyer. In addition, the order amount often includes shipping costs in advance.

Can I not collect the parcel from the post office by cash on delivery?

Civil Code of the Russian Federation and Article 26_1 of the Law of the Russian Federation “On the Protection of Consumer Rights”. Moreover, according to Part 4 of Article 26_1 of the Law on the Protection of Consumer Rights, the consumer has the right to refuse the goods at any time before its transfer, and after the transfer of the goods - within seven days.

Part 4 of Article 497 of the Civil Code of the Russian Federation states that before the transfer of goods, the buyer has the right to refuse to fulfill a retail purchase and sale agreement, subject to reimbursement to the seller of the necessary expenses incurred in connection with the performance of actions to fulfill the agreement. Thus, if you did not pick up the parcel, that is, refused to fulfill the contract, you are required to pay the delivery costs incurred by the seller.

The seller still has to prove this fact. As a rule, they do not go to court in such cases. The amount is too small. Answered by KHRAMOV ANTON SERGEEVICH Lawyer Hello, Anna! In your case there is no reason to worry, because... Your sister did not receive this parcel.
Customers prefer cash on delivery purchases through an online store because they think that they will be able to inspect the goods and only then pay. However, the right to open is granted only after the entire amount of the order is transferred to the cashier at the post office.

IMPORTANT You can refuse a parcel by cash on delivery without opening it, based only on external signs, for example, an inflated order amount, incorrectly indicated weight or questionable contents of the parcel. Before payment, it is only possible to check the integrity of the packaging and the compliance of the actual weight with that indicated by the sender.

If the recipient has no comments on the appearance of the parcel, then claims regarding the contents will not be accepted. It turns out that cash on delivery only guarantees the arrival of the parcel, but not its contents.

What happens if you don’t pick up the parcel with cash on delivery is a question that arises in those moments when the recipient, for one reason or another, does not have the opportunity or desire to pick up the parcel intended for him.

This type of parcel is a postal order, which involves payment for the received order and sending money to the sender. This method is mainly used by various online stores. That is, a person ordered a product from an online store, and he paid for it only when it arrived. Sending in this way, to some extent, guarantees that the recipient has deposited funds. But at the same time, an online store in modern conditions is not interested in providing the buyer with the opportunity to order goods with delivery this way. This method involves many additional costs, in particular for sending funds. The buyer, in turn, on the contrary, is interested in this method, since it guarantees 100% delivery of what he wants, which he ordered in the online store.

The sender may face several problems if they decide to give customers the option of ordering something with payment on delivery:

It is not possible to receive money immediately, but only after the order is received and the funds are sent back.

It will be necessary to go to the post office to get money, which can be expensive.

The recipient has the opportunity to refuse to pick up the order, which will entail no payment at all, as well as costs for shipping and storing the box.

What are the consequences of refusing a parcel post?

In some cases, a person changes his mind about receiving a transfer sent in his name. There may be infinitely many reasons, but the essence remains the same.

For the sender, refusal to receive what was sent, for which payment was assigned, can have the following consequences:

Uncompensated costs for shipping and storing goods that the client has decided to buy.

A delay in receiving funds for an item will result in a lack of funds, which will likely become a huge problem for the store.

Some purchasers are interested in whether it is possible not to pick up a parcel sent in this way at all.

Important! If you do not pick up your order, the buyer will not be subject to any sanctions from the post office. That is, you can change your mind at any time. This is an extremely unpleasant fact for the sender, since he bears all the losses associated with shipping and storing the goods.

But in some cases, if you do not redeem the parcel with cash on delivery, you can get a lawsuit from the seller. Practice knows such cases. So, if you are a buyer and refuse to repurchase, then you may face legal action.

This problem is more acute for people from Ukraine and the Republic of Belarus. Ukrposhta and Belposhta may charge extra money for sending a box to Russia.

To summarize, we can say that sending a parcel from the designated type is extremely unprofitable for the seller, since the buyer can simply refuse to buy the product, and he is not afraid of any consequences.

The turnover in the online trading market is constantly increasing - more and more buyers prefer to buy goods not in a nearby store, but abroad or in other cities. Despite the benefits of such a venture, remote transactions often involve risks. In this article we will tell you how to refuse a cash on delivery parcel at the post office if you receive a product that you are not satisfied with for some reason.

Is it possible to refuse a parcel by cash on delivery at the post office?

Sending goods by cash on delivery is a rather unprofitable delivery method for both the seller and the buyer. Its essence is that the seller sends the goods by mail, and the buyer receives the parcel, paying both the cost of the goods and the cost of shipping. The buyer can pick up the order only by purchasing it from the post office.

For online stores, this method is always fraught with risks, because... the turnover of profits in this case slows down, and if the recipient of the goods refuses to buy it, the store will suffer a loss of profit spent on sending the goods. This method is disadvantageous for the recipient in the sense that he spends additional money on delivery costs.

It is possible to refuse to receive goods, and the Civil Code of Russia provides for this possibility in two ways:

• The first method is more preferable and protects the recipient in advance from possible problems with the law. To do this, you must come to the post office where the goods were received and issue a written refusal to receive the shipment. It is also necessary to put a special mark in the notice. In this case, the parcel will be returned back to the sender and all legal regulations will be complied with.
• The second method also takes place, however, when implementing it, the seller may demand a refund for shipping the goods. It is implemented simply - the buyer simply does not come to collect the parcel at the post office, ignoring the notifications, and after a month the goods will be forced to be sent back to the seller.

In addition, you can return the received product to the sender after opening the parcel. However, for this you will have to pay for it first. This will be discussed in subsequent paragraphs of the article.

What happens if you don’t pick up the parcel by cash on delivery from the post office?

Most often, if you do not redeem a parcel that arrives in the mail by cash on delivery, the consequences for the buyer are determined by the seller himself. This is usually stated in the store’s rules, which it is advisable to read before placing an order. In principle, the sender can go to court for reimbursement of shipping costs, but we are usually talking about such insignificant amounts of return that it is easier for the seller to impose his own sanctions on the unscrupulous client.

Eg, common The practice is to add a client to the “Black List”. Moreover, this may concern not only the direct store where the order was made, but also the entire trading platform or partner organizations. They simply stop cooperating with such a client. However, this happens quite rarely, mainly when repeated repetition of a similar situation.

Much more widespread the consequence is the limitation of the client’s ability to pay upon receipt of the parcel. Goods will be sold to him only upon advance payment, which will include shipping.

Thus, it is unlikely that non-purchase of goods from the post office will threaten the client only with internal restrictions imposed by the seller. You can restore your reputation by contacting a representative of the organization and explaining to him the refusal to receive the purchase, and, if necessary, paying the shipping costs.

How to cancel cash on delivery at the post office

Until the parcel has been unpacked and handed over to the addressee, it is the property of the sender, so even those goods that, by law, cannot be exchanged or returned, can be returned in this way.

According to paragraph 45 of the Rules for the provision of postal services, the client may not pick up the parcel at the post office, but write a written refusal with a special note in the notice. In this case, you will not need to make a payment, nor will you need to pay money for sending.

By repeating the method described above, you can do nothing but simply not pick up the delivered goods. This is fraught with some risks - the seller may not simply demand the return of shipping costs through the court, but sell the client’s debt to a collection agency. In this case, if you do not pick up the parcel by paying for it by cash on delivery from the post office, you may face threats from “bouncers”. In this case, nothing can be done except contact the police.

What happens if you do not pay for the parcel by cash on delivery?

If you don’t pay for the parcel, you simply won’t be able to receive your purchase or even just open the box in front of a postal employee. In some cases, this is a justified measure - for example, if you ordered a bulk product from the seller, but the package arrived with a small weight. Or if the packaging for a fragile product does not have sufficient protection, and it is obvious that there is a defective item inside. In this case, it would be correct to write a refusal and refuse to cooperate with the dishonest seller. Similar rules apply in neighboring countries - Belarus, Ukraine, Kazakhstan.

What to do if the wrong item is sent by mail with cash on delivery

In the event that the wrong item is sent by mail with cash on delivery, there are two options for the development of events. The first has already been described above - if the product obviously does not fit the description of what you ordered (it is clear from the size and weight of the parcel that there is something else there) - you simply issue a refusal and do not pay for the parcel.

Another option is when you have already paid for receipt, discovered a substitution, and want to cancel the order and return the money. In this case, everything is a little more complicated, and the money spent will need to be returned directly through the seller. However, in such a situation, the law is on the buyer’s side.

Important! According to Russian legislation on consumer protection, when receiving goods from an online store, the buyer has the right to return it without explanation within a week. For such cases, online stores usually have a special form that must be filled out along with the shipment, and instructions. However, the buyer will have to make the shipment at his own expense. After this, the seller must either transfer you money for the cost of the product, or send you a new one, of the appropriate size, quality or article - depending on your requirements for the purchase.

It should be noted that a week is a period return of goods to which Attached is written information about the product, procedures and terms for its return. If such instructions were not included in the parcel, then a return is possible within three months from the date of purchase. Of course, for the successful completion of the transaction, it is important to preserve all labels and presentation.

How to return goods received by cash on delivery

To return a purchase, you must contact the online store where it was made and read the exchange and return rules. Keep in mind that if the seller requires you to arrange a return parcel by cash on delivery, then this is an unlawful demand.

The product is sent by mail to address of the store from which it was received. Wherein an inventory of the contents is filled out in two copies, one of which remains with the sender, and the other is included in the parcel. A return receipt is also required so that the sender knows that their return actually arrived at its intended destination.

After the parcel has been successfully delivered to the seller, he must return the money for the goods to the details specified by the buyer or used by him when paying for the goods.

To whom should I return the parcel with cash on delivery?

The parcel is returned to the sender at the address indicated on it. This happens regardless of the return method - both in the case when the parcel is returned by postal employees, being unclaimed for a month, and in the case when the buyer decides to independently return it to the seller. The parcel is returned regardless of the destination country - be it to Russia, Belarus, or China.

If a clear return address is not indicated directly on the parcel, you should contact the resource where the purchase was made. Typically, the site rules indicate the return address to which returns are accepted. Responsible sellers usually include an information sheet with such information directly in the parcel itself. If you have difficulty finding information, contact a store representative or the seller directly.

How to return cash on delivery for a parcel

It is technically impossible to return cash on delivery for a parcel. The cost of the goods is reimbursed only by the seller, in accordance with the laws and rules specified on his website. In this case, the return shipping of the goods is carried out at the expense of the buyer.

In general, returns are carried out according to the rules that were discussed above - the buyer needs to send the received parcel back to the seller, keeping the goods in this form, inwhich it was sent, and, if possible, explain the reason for the refusal (the wrong product was sent, or it is defective, and etc.. ). However, you should keep in mind that your return must be processed flawlessly only within a week after receipt; if a defect is discovered at a later date, you should justify the reason for the refusal, based on the rules of the resource from which you ordered the item.