Customers are asked to allow food consumption on the retail premises before paying at the checkout. But provided that they have packaging and a fixed price. As Izvestia found out, such a bill has been prepared for submission to the State Duma by the head of the Committee on Labor and Social Policy, Yaroslav Nilov. Izvestia has a document with amendments to the law “On the Protection of Consumer Rights”.
“The interaction between a consumer and a seller always has the nature of a potential conflict, which is why it is so important to eliminate any gaps and conflicts in the legislation. One of these problems is the consumption of products by the consumer on the sales floor before payment,” explains the reasons for the development of the bill in the explanatory note.
The document emphasizes that currently the legislation does not establish either a direct ban or permission for this. An offer for the sale of goods is a public offer agreement, where its conditions include a description of the product, expiration date and its price. At the same time, according to clause 1 of Art. 223 of the Civil Code, the consumer’s right of ownership arises from the moment the goods are actually transferred to him, the document emphasizes.
“Thus, the buyer, taking a product from the shelf, expresses through his actions his agreement with the offer with the condition of subsequent payment for the goods at the checkout. Accordingly, the goods have actually come into the possession of the buyer, which means that the consumer can perform any actions with it; the obligation to pay for such goods is not removed from the consumer,” the explanatory note says.
As Yaroslav Nilov explained to Izvestia, it is the understatement and ambiguity of the interpretation of current standards that gives rise to conflict situations between customers and the security services of retail chains and stores.
“In the end, this could end in a conflict, even causing harm to the health of consumers, the initiation of administrative cases, not to mention a spoiled mood. Therefore, in order to avoid such situations, we propose to legalize the existing practice, when products, subject to packaging and a fixed price, can be consumed in the sales area subject to subsequent payment,” the deputy explained to Izvestia.
As an example of such goods, he cited ice cream and chocolate, although we are not talking about loose sweets or nuts.
Read more in the exclusive material from Izvestia:
Without reaching the cash register: stores want to allow the consumption of products before payment
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