Imagine that you ordered a car at a car dealership and made an advance payment. The delivery date for the car specified in the contract has already arrived, but the car is not there. What to do? Of course, write a complaint and ask for a penalty. We will tell you how to calculate it in this article.

Under what article should I ask for a penalty for late delivery of prepaid goods?

Clause 3 of Article 23.1 of the Law on Protection of Consumer Rights provides:

In case of violation of the deadline established by the purchase and sale agreement for the transfer of prepaid goods to the consumer, the seller pays him for each day of delay a penalty in the amount of half a percent of the amount of advance payment for the goods.
The penalty (penalty) is collected from the day when, according to the purchase and sale agreement, the transfer of the goods to the consumer should have been carried out, until the day the goods are transferred to the consumer, or until the day the consumer’s demand for the return of the amount previously paid by him is satisfied.
The amount of the penalty (penalty) collected by the consumer cannot exceed the amount of advance payment for the goods.

To calculate the penalty, we need the following data:

• amount of prepayment made- it can be taken from a cash or sales receipt, receipt order or other document confirming payment for goods;
• delivery time for goods- it is written directly in the purchase and sale agreement and can be specified in the form of an exact delivery date or in the form of a period after which delivery will be made (in working, calendar or banking days).

Formula for calculating penalties under Article 23.1 of the Law on the Protection of Consumer Rights

Prepayment amount * 0.5% (0.005) * number of days overdue

• Prepayment amount— only that part of the cost of the goods that was paid in advance is taken, i.e. before delivery of the goods. You can take all amounts deposited in cash, by card, or by credit. For example, if a sofa costs 30,000 rubles, but according to the contract the advance payment is only 15,000 rubles, you need to calculate the penalty from 15,000 rubles.
• Number of days overdue— all calendar days in a row are taken, starting from the next day after the date on which the contract was supposed to deliver. The penalty can be accrued on the day of actual delivery of the goods or on the day of return of the advance payment (inclusive) - depending on what you require in the claim.
• The maximum amount of the penalty under Article 23.1 of the Law of the Russian Federation is limited to the amount of the prepayment. That is, if during the calculation the penalty turns out to be more than the prepayment, its amount will be the same as the prepayment.
  For example: 30,000 rubles * 0.005 * 222 days = 33,300 rubles. This is more than the prepayment, so the penalty is 30,000 rubles.

An example of calculating a penalty according to Article 23.1 of the Civil Code

A man entered into a purchase and sale agreement with a car dealership for an Opel Astra. On December 21, 2012, he makes an advance payment to the car dealership for the car in the amount of 600,100 rubles (partly from his own money in cash at the car dealership’s cash desk, partly from a loan). The purchase and sale agreement states that the car dealership undertakes to transfer the car to the buyer no later than 39 banking days after the buyer pays the cost of the goods. After the delivery deadlines were violated, the man decided to take the advance payment and terminate the sales contract. The car dealership made a full refund of the prepayment amount on March 28, 2013.

Calculation of penalties
Overdue period - from 02/23/2013 to 03/28/2013 = 34 days
Prepayment amount = 600,100 rubles.
Penalty for 1 day of delay = 600,100 rubles * 0.5% = 3,000.50 rubles
Total penalty = 3,000.50 rubles * 34 days = 102,017 rubles.
102,017 rubles is not more than the prepayment amount of 600,100 rubles, that is, the amount of the penalty will be 102,017 rubles

Let us explain the calculation procedure.

• Calculation of delivery time.
  A banking day corresponds to a working day. Therefore, for calculations we will use the officially approved production calendar, which indicates all working and non-working days. The prepayment was made on December 21, 2012 (this is Friday), so the first day of counting the delivery period will be the next business day - Monday, December 24, 2012. We count 39 working days according to the calendar. The 39th working day is February 22, 2013, that is, this is the last day when the car dealership can deliver the car without violating the deadline.
• Overdue.
  From February 23, 2013, the car dealership begins to be in arrears, and this will be the first day the penalty is accrued. Please note that the penalty is calculated in calendar days, and not in banking or workers, since this is precisely the procedure provided for by the law on the protection of consumer rights. The last day for accrual of penalties will be March 28, 2013. If a man wanted to wait for the car to be delivered, then the last day for which a penalty could be charged to the car dealership would be the day the car was handed over to him. Thus, we accrue the penalty for the period from February 23 to March 28, 2013, which is 34 days.

How to receive a penalty under Article 23.1 of the Civil Code?

First, you need to write a claim for payment of a penalty and delivery of prepaid goods / return of prepayment. You can use our free claim examples.

The detailed procedure for receiving a penalty and returning the prepayment is described in our instructions:

What to do if the contract does not contain exact delivery dates?

The Consumer Rights Protection Law obliges the seller to specify in the sales contract a clear delivery date for the goods if the seller takes an advance payment from the consumer for such goods. Therefore, the buyer, when ordering goods and making an advance payment, has the right to demand the execution of a purchase and sale agreement, which will indicate the exact delivery time (a specific date or a certain period from the moment of making the advance payment).

If your contract still does not contain a specific delivery date, then Article 314 of the Civil Code of the Russian Federation will come to the rescue: if the obligation does not provide for a specific fulfillment period, the obligation must be fulfilled within seven days from the date the creditor submits a demand for its fulfillment. That is, in your claim for the transfer of paid goods, you can set a 7-day deadline for execution. In this case, you will be able to accrue a penalty under Article 23.1 of the PSA from the next day after the deadline of 7 days expires from the date the store receives the claim.

Is it possible to ask for damages along with the penalty under 23.1 of the Law of the Law of the Russian Federation?

Yes, you can. A long wait for an ordered product can create real inconvenience for the buyer. For example, let's say you make a down payment on a car using a loan. Naturally, in this case, the bank will require you to take out CASCO and MTPL insurance. Plus, you will pay the bank interest on the loan every month. If the delivery time for the car is delayed, you may lose interest in waiting for it and prefer to buy the car at another car dealership. In this case, it turns out that you wasted money on insurance and in vain took out a loan. That is, you will have real losses in the form of the insurance premium paid and interest on the loan. Article 23.1 of the Consumer Protection Act clearly states that you have a right to claim compensation for these losses.

Maybe not everyone knows this, but nevertheless it exists. If delivery deadlines are violated, EMS pays compensation- up to payment of the full price Money spent on shipping.

In this topic, I want to talk about both the compensation that EMS transfers in case of violation of the delivery deadlines for express parcels, and some cases when they do not want to deliver the parcel to your home - or the parcel arrives with deviations in weight.

And also how the process works - what stages your parcels go through.

I would be glad if you write back - so that you want to know more.

Such an application will be considered within 2 months.

The recipient can initiate payment of compensation by requesting from the sender " Sender's statement of refusal to pay compensation in favor of the addressee or a third party "
All forms are available.

What is the procedure:

1) Make sure that the delivery deadlines are violated. There is a section on the website with delivery times. You can also call their hotline.
2) Request from EbayToday a “Sender's Declaration of Waiver of Refund to the Addressee or a Third Party,” as well as a receipt and proof of shipment.
3) Fill in " " from emspost.ru
4) Submit an application, with copies of documents from step No. 2, to any EMS department (). You can also send your application and documents by registered mail or electronically through the Contacts section.

EMS is considered courier mail, but they work worse than ever. And only together, collectively and en masse, we can improve their work.

Reading the forums - recently the average delivery time from the US to Russia is 35 days! So tell me - what kind of courier express mail is it that takes so long to deliver the parcel?

An interesting fact is that all your parcels, leaving the territory of the United States, arrive in Russia within 3-4 days... However, as much as we want fast processing, the Import mark appears only after a week, two... or even three. All this time, the shipment is safely waiting in line for processing, and there are tons of postal correspondence awaiting processing ahead.

After the import stamp is stamped, the parcels are sent to customs officers, who scan the parcel. If there are prohibited items - or many identical items - a stamp is placed indicating that the parcel is “with customs notification”; if not, then release is permitted. As soon as the container is filled, the parcels leave the MMPO (place of international postal exchange) - and after some time they are sorted at the sorting center.

EMS only flies to large cities. In villages and villages - EMS is delivered to the capital of your region - then by land.
After delivery to your destination, you will be contacted by a courier - or rather an employee of the central post office in your city (for small cities) - and an EMS branch - if it is a large city.

It is worth remembering that EMS delivers to your door!

I had a case when they simply refused to lift my parcel to the 5th floor (the parcel weighed 20 kg). The courier said that he was not being paid for this, took the notice - which I had already filled out - unloaded the parcel from the car and left. I sent the parcel myself.

To avoid getting caught like this, follow the universal advice:
When filling out the notification form, do not put your signature!
There is no need to write anywhere that you have no complaints about the mail! According to the Rules for the provision of postal services, you are not obliged to write this!

It often happens that a parcel arrives with a different weight! Unfortunately, this also happens.
Don't be lazy to go and get ems yourself. Before receiving, please inform us that you want to receive the shipment unopened, because... weight does not match. The autopsy should be performed ONLY in your presence, with the head of the security department. In this case, an act is drawn up.

All victims will contact support to initiate claims for reimbursement.
I will be glad to help you if you have any questions!

For failure to fulfill or improper fulfillment of obligations to provide postal services, Russian Post is responsible to its customers. To receive compensation, you must submit a claim for damages.

An application for and shipments can be submitted on the page by logging in through account portal of State Services, or fill out the application form on the website, print and submit at any post office. To submit an application, you must attach the check (or a copy thereof) issued upon shipment, as well as present an identification document (when submitting the application at the post office). The application can be submitted by the recipient, the sender or an authorized representative of one of them.

The sender has the primary right to receive compensation; he also has the right to refuse compensation in favor of the recipient.

Applications to search for domestic and international postal items are accepted within six months from the date of dispatch. Applications to search for international EMS shipments are accepted within 4 months from the date of dispatch in accordance with the Application Regulations Model agreement EMS (Bern, 2017)

Russian Post reports search results by registered mail on mailing address, or by letter to email address specified in the application, no later than 30 calendar days from the date of filing the application for domestic Russian postal items, and 2-3 months for international postal items. If the item is not found, the Post Office is obliged to pay compensation. Payment is made within 10 days from the date of recognition of the claim.

For shipments within Russia

For loss and damage postal item with declared value, Russian Post pays compensation in the amount of the declared value and the amount of the tariff fee, with the exception of the tariff fee for the declared value.

If an inventory of the attachment has been made, the Post will pay compensation in the amount of the declared value of the missing or damaged part of the attachment indicated by the sender in the inventory.

If the item with a declared value was without an inventory of the contents, the Post pays compensation in the amount of part of the declared value of the postal item in proportion to the ratio of the weight of the missing or damaged part of the package to the total weight of the item (not taking into account the weight of packaging materials).

In case of non-payment (non-execution) of a postal money transfer, the Post pays compensation in the amount of the transfer amount and the amount of the tariff fee.

In case of loss, damage or damage to other registered postal items, the Post pays compensation in the amount of twice the tariff fee. In case of loss, damage or damage to part of their investment - in the amount of the tariff fee.

In case of violation of the control deadlines for sending postal items and making postal transfers for personal (household) needs of citizens, the Post pays compensation in the amount of 3% of the postage fee for each day of delay, but not more than the amount paid for this service. For violation of the deadlines for sending postal items by air - the difference between the fee for sending by air and land transport.

For international shipments

In case of loss, spoilage or damage to international registered items (letter, parcel post, small package), Russian Post pays compensation in the amount of 30 SDR and the amount of the tariff fee (excluding the order fee). In case of loss, damage or damage to part of their investment - in the amount of the actual value of the missing or damaged part, but not more than 30 SDRs.

In case of loss, deterioration or damage, compensation will be paid in the amount of 150 SDR and the amount of the tariff fee (excluding the order fee).

Compensation for loss or damage is the amount of the declared value and the amount of the tariff fee (except for the fee for registering the declared value).

In case of loss or damage to a simple parcel, compensation is paid in the amount of 40 SDR and 4.5 SDR for each kilogram of the parcel. The amount of the tariff fee is also paid.

In the event of loss, damage or damage to part of an international shipment, Russian Post will compensate for its actual amount, but not more than the amount established for complete theft or damage to the shipment.

Russian Post is not responsible for violation of delivery deadlines, loss or damage to items:

• if these events occurred as a result of a natural disaster
• if the items were seized by the competent authorities
• if the parcel is lost or damaged due to the sender’s fault: due to improper packaging or properties of the items sent

For violation of deadlines for sending parcels, Russian Post pays a penalty to the client - legal entity or to an individual entrepreneur who has entered into an agreement with an enterprise, which is 0.1% of the fee for the forwarding service for each day of delay, but not more than the full cost of the service.

December 8, 2011 at 01:27 pm

We work with EMS on violation of delivery deadlines for parcels - instructions

• e-commerce management

A recent post in "I'm Indignant" about the work of EMS in our country and the complete indifference of postal workers revealed the need for instructions on what can be done so that one day the problems with EMS packages will stop.

I'm going to be disappointed right away - there's no way to control the parcel. If it doesn’t “arrive” in Russia for a long time (that is, the status is Export, but Import is not), then it’s unlikely that anything will help. However, to be safe, we follow the steps described below.
I can also please you: 95 percent of parcels still arrive. The volume for comparison is about 10 parcels per month from the USA and Europe.
Please note that I receive many parcels (60 percent of all shipments) “from myself,” using a service like Shipito. In some cases, this means that the Post Office cannot refuse claims because they appear to be "not the sender." However, in many cases, I recommend going and fighting for your parcel using the processes and documents presented below.

Almost always, when a parcel is sent to us, we have already obtained its tracking number (for tracking) by hook or by crook. We can track the current status of the parcel using emspost.ru or russianpost.ru.
The most common violation of deadlines and missing items is the status between Export and Import. Import may simply not occur. At this time, they say on the phone that “the parcel is prepared for shipment to another country, but there is no information that it has been sent.” The procedure is as follows: after Export from the sending country, the parcel arrives at Customs in Russia, and after that it is “accepted” by EMS (Russian Post).

Go:
1) Export status does not change to Import for more than 7 days(2-5 days is the norm in practice) - there are many opinions on the Internet about what happens to the parcel at this time. Ideally, it arrived in Russia, was cleared by Customs, but the Post Office does not pick it up on time.

In any case, at this stage you need a “kick” to the FCS (Federal Customs Service).
Written appeals can be sent directly via the Internet: Let's contact the Federal Customs Service, section - Failure to receive IPO

The content of the message may be as follows:
“Dear FTS!
My custom package from ( indicate the sending country) with tracking number “____________” ( indicate your tracking number), has not been transmitted to Russian Post for more than 7 working days.
I ask you to clarify the current situation and explain why your part violates the deadlines for processing and checking IPOs. And also provide me with information about the location of my shipment.
What actions should I take to receive my shipment? (the question should be asked at the end, but in what form - come up with what is closest to you)."

Accordingly, in this part, violations are addressed to Russian Post. Please note that the maximum period in Russia (after Import) today is 11 days. If the parcel is not received within the time specified for your city, we write a search application directly at the Russian Post office. There is a difficulty here: you will need a document (receipt) about the shipment, so I usually ask the seller to send me a scan of it. The application is registered (sometimes with struggles, but you have to do it) and now you just have to wait for the results.

At the same time, you can also send a complaint to the Ministry of Communications:
minsvyaz.ru/ru/directions/questioner - briefly describe the current situation, at the end peppered with the question “how to get it?” or “what should I do to get it?” etc.

3) The most interesting. When the parcel has already been delivered, but the deadlines have been violated
Upon receipt of the parcel, we submit an application for compensation due to the delay in delivery. It is as a recipient that you have the right to this. An application is submitted at the post office according to the zip code where the parcel is expected. With your passport and a scanned copy of the departure receipt. Sometimes with fighting.

At the same time, we are also filing a complaint with the Ministry of Communications:
minsvyaz.ru/ru/directions/questioner - describe the dates of the parcel, indicate the number of days, the cost of the shipment. Wait for a reaction.

When we demand compensation, we are guided by this document:

Appendix No. 1
to the order of the Federal State Unitary Enterprise "Russian Post"
dated January 14, 2008 No. 1-p

POSITION
on the procedure for paying compensation to users of international and domestic express mail services EMS

3.1.2. Amounts of compensation for violation of control deadlines for shipment and delivery of EMS items (both domestic and international EMS items):
In case of violation of the established and currently valid control periods for the transfer and delivery of EMS items, the sender is paid compensation in the following amounts:
- in case of violation of the control deadlines for forwarding and delivery up to two days inclusive, the sender is paid a compensation in the amount of 30 (thirty) percent of the forwarding tariff;
- in case of violation of the control deadlines for forwarding and delivery from three to five days inclusive, the sender is paid a compensation in the amount of 50 (fifty) percent of the forwarding tariff;
- if the control periods for forwarding and delivery are violated by more than five days, the sender is paid a compensation in the amount of 100 (one hundred) percent of the forwarding tariff.

4.1.1. Deadlines for submitting claims by users of EMS services
- By international shipments EMS - within six months from the next day after the day the item was submitted, unless other terms are provided for in bilateral agreements concluded between the Federal State Unitary Enterprise "Russian Post" and foreign postal administrations.
4.1.2. Terms for consideration of claims
« EMS Post Russia" considers the application for payment of compensation and gives a written response to the applicant within no more than two months from the date of receipt of the application.

That’s all for now, I’m ready to answer questions and share my experience.
I took a lot of information from the sites ebay-forum, shophelp, but still I went through all the steps described and are now describing them on my own.