From this date the period allowed by current legislation will be calculated. Russian Federation to consider the claim and send a response. ATTENTION! Look at the completed sample claim for violation of deadlines for the manufacture and delivery of furniture: Resolution of controversial issues in court If a furniture showroom refused to satisfy the requirements set forth in the claim, or ignored it, leaving it unanswered, the citizen should apply to the courts to protect legal rights and interests. Important! To do this, you will need to file a statement of claim. This process must be approached with maximum attention, since the slightest inaccuracies made when drawing up the claim will lead to the claim being rejected by the court even without consideration. The rules for drawing up a statement of claim are recorded in Article 131 of the Civil Procedure Code of the Russian Federation.

How to return money for violation of deadlines by Russian Post

If the interests of the plaintiff are represented by a legal representative whose authority includes signing and filing statements of claim, he can sign the claim. In this case, the statement of claim must be accompanied by a copy of the power of attorney, drawn up in accordance with the requirements of the current legislation of the Russian Federation, confirming the powers of the legal representative.

ATTENTION! Look at the completed sample statement of claim for termination of the contract due to violation of the terms of production and delivery of the kitchen: READ ALSO: Statement of claim for compensation for moral damage. Consideration of the case and making a decision The court considers received statements of claim for compliance with the requirements of the current legislation of the Russian Federation.

Thirty calendar days are allotted for this.

How to get a refund for an order if the delivery time is missed?

An indication of this fact is confirmed by the buyer’s signature.

The defect was caused by unprofessional repairs by the buyer.

14 days from the date of purchase for quality goods;
Products with identified defects are returned during the warranty period. If there is a simple defect after its expiration, the buyer can return the product within two years.

Compensation for damage

From the second time, it dawned on the Admins what I wanted, and they presented a brilliant answer: “If you are unhappy with the delivery time, then contact the seller, try to find a solution to this problem with him and let us know it. If you do not reach an agreement within 3 days, we will return your money."

But what does the seller have to do with it if Aliexpress is responsible for delivery in this case. I did not contact the seller; for the third time I copied the message for a full refund.
After 3 days (May 6), the dispute was closed on my terms. As a result, the dispute took 18 days from the moment I received the phone.

Pretty fast. Example 3: High difficulty April 11, 2016 I ordered 2 new routers Xiaomi Wi-fi Router 3 for 65.62 USD, delivery method Russia Express-SPSR, on-time delivery up to 14 days. But the system set the protection counter for 39 days, until May 20, 2016.

Compensation Russian Post

In this case, reference should be made to the specific norms of the current legislation of the Russian Federation, which were violated by the furniture showroom;

State as clearly as possible the requirements that you want the furniture salon to satisfy. You can do this like this: “I ask you to terminate the agreement without date dated 04/05/2018.

for the supply of a kitchen set and reimburse me for the money I paid as an advance payment";
specifically note that if the requirements set out in the complaint are not satisfied, you will be forced to apply to the courts to protect your legal rights and interests. Emphasize that in this case, the furniture showroom may incur additional costs for lawyers, fines, government fees, and so on.

But statistics show that cases where salons violate delivery deadlines for ordered furniture, for which the appropriate prepayment has been made, occur quite often. Please note! Regardless of the reasons for the delay in delivery of the ordered furniture, the buyer can do the following:

send a claim to the furniture showroom;
agree on a new delivery date for the ordered furniture;
refuse the furniture and demand that the salon return the money paid as an advance payment;
demand that the furniture showroom pay compensation for each day the delivery date is missed.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues.

Find out more here.

Refunds for missed delivery times

Attention

All trade transactions that involve making an advance payment must be formalized in an appropriate agreement. The contract must indicate the amount of advance payment for the ordered furniture, as well as the delivery time for the finished furniture.

Attention! The contract should provide for the procedure for calculating penalties for the furniture showroom’s delay in fulfilling its obligations. We especially note that if the clause on penalties for late fulfillment of obligations was not included in the text of the contract, the buyer is still entitled to collect penalties in accordance with the norms of the current legislation of the Russian Federation.
In addition, the buyer has the right to refuse the ordered goods and demand that the furniture showroom return the prepayment in full.

Here you must indicate who specifically from the management of the furniture salon you are contacting. The position, surname and initials are indicated;

The details of the person filing the claim are indicated.
You must indicate your last name, first name and patronymic, registration address and actual residence. Be sure to include the number contact phone number for operational communication;
the above information should be written in the right top corner leaf. A little lower, already in the center of the sheet, write the name of the document being drawn up: pre-trial claim;
then the main part begins. It is in this part that you should state in as much detail as possible, but, if possible, briefly the essence of the problem that has arisen and describe all the essential circumstances.

Important

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 was without an inventory of the contents, the Post Office 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 transfer Money, The Post office 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 Office pays compensation in the amount of double the tariff fee. In case of loss, damage or damage to part of their investment - in the amount of the tariff fee.
If the seller refuses, the consumer who has not achieved a peaceful settlement of the issue has the right to appeal to the prosecutor's office or court. All documents received during the resolution of the conflict must be attached to the application to the prosecutor's office or the claim to the court. The statement of claim involves payment of a state duty, but if the court decides positively, it is collected from the seller. If the amount of the claim is up to 50 thousand rubles, the application is submitted to the magistrate; claims exceeding this amount are submitted to the district courts.

One of the methods of pre-trial settlement is a complaint to Rospotrebnadzor. This organization is obliged to monitor compliance with consumer rights, so its participation often leads to a positive result.

Rospotrebnadzor employees will inspect the retail outlet and evaluate the seller’s actions. Based on the results of the audit, the trade organization may be fined for non-compliance with the law.

How to get money back for late delivery EMS Post Russia?
Very simple. No material or time costs will be required from you.

EMS Russian Post regularly violates delivery deadlines for international express items.
Often delivery within Moscow takes longer than delivery from abroad.
For each case of violation of deadlines, we recommend writing a complaint, which will be
The check has been carried out and a response like this will appear:

EMS operators on line 8-800-2005-055 like to answer that “there are no delivery times for
international shipments do not exist (!)" or that "they are installed by the company-
sender". However, as can be seen from Roskomnadzor's response, this is not the case: “According to clause 2 of article 20
Universal Postal Convention (Geneva 2008) target dates for completion
international postal items within the territory of a particular country, must
comply with the approved deadlines for domestic mail
increased by the time required for customs clearance without taking into account the day of receipt
to the territory of the Russian Federation." For missed delivery times, the postal operator is responsible
financial responsibility. As we can see from Rossvyaz’s response "for getting
for appropriate compensation, the sender of EMS shipments may file a claim with
postal administration of the country of origin" .

Mechanism for receiving compensation:

1) You must write via the website http://www.mos.ru/ then follow the link “Appeals to
Moscow government" (top left of the page) - for residents of Moscow and the region. Or -
http://letters.kremlin.ru/ - for other regions. The letter reads something like this:

Violation of the deadlines for delivery of EMS express items by Russian Post.

On such and such a date in 2010, an international express mail was sent to my address from the USA.
shipment tracking number ECxxxxxxxxxUS. On such and such a date the parcel passed successfully
customs inspection and was released for delivery. However, it was only delivered to me
on such and such a date in violation of the delivery deadlines for express mail.
Please take action.

2) After a while you will Mailbox a postcard will arrive with information about where
your request has been redirected.
3) In about a month you will receive ordered letter with a response about the inspection carried out and
confirmation of violation of deadlines (see example above).
4) Scan this response and forward it to your sender. With it he will be able to contact
your postal company to receive compensation.

Personally, I was twice able to receive compensation for missed deadlines using this scheme.
delivery. The total refund amount was about 500 USD.

Good luck!

P.S. Unfortunately, not all intermediary companies will contact the post office to return your money.
There's nothing to be done, it's their right. However, the increased number of complaints about EMS Russian Post over time,
I hope it will help improve their work.

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 Russian Post" 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.

How to return money for violation of EMS deadlines by Russian Post. Compensation from EMS for delays in delivery