Try all the features of the EKAM platform for free
Read also
Privacy agreement
and processing of personal data
1. General Provisions
1.1. This agreement on confidentiality and processing of personal data (hereinafter referred to as the Agreement) is accepted freely and of its own free will, applies to all information that Insales Rus LLC and / or its affiliates, including all persons belonging to the same group with LLC "Insales Rus" (including "EKAM service" LLC) may receive about the User while using any of the sites, services, services, computer programs, products or services of "Insales Rus" LLC (hereinafter referred to as the "Services") and in during the execution of Insales Rus LLC of any agreements and contracts with the User. The User's consent to the Agreement, expressed by him in the framework of relations with one of the listed persons, applies to all other listed persons.
1.2. The use of the Services means the User's consent to this Agreement and the conditions specified therein; in case of disagreement with these conditions, the User must refrain from using the Services.
"Insales"- Limited Liability Company "Insales Rus", OGRN 1117746506514, TIN 7714843760, KPP 771401001, registered at the address: 125319, Moscow, Akademika Ilyushin St., 4, building 1, office 11 (hereinafter - "Insales" ), on the one hand, and
"User" -
or an individual who has legal capacity and is recognized as a participant in civil legal relations in accordance with the legislation of the Russian Federation;
or a legal entity registered in accordance with the laws of the state of which such entity is a resident;
or an individual entrepreneur registered in accordance with the legislation of the state of which such person is a resident;
which has accepted the terms of this Agreement.
1.4. For the purposes of this Agreement, the Parties have determined that confidential information is information of any nature (production, technical, economic, organizational and others), including the results of intellectual activity, as well as information about the methods of carrying out professional activities (including, but not limited to: information about products, works and services; information about technologies and research works; data on technical systems and equipment, including software elements; business forecasts and information about proposed purchases; requirements and specifications of specific partners and potential partners; information, relating to intellectual property, as well as plans and technologies related to all of the above) communicated by one party to the other party in written and / or electronic form, expressly designated by the Party as its confidential information.
1.5. The purpose of this Agreement is to protect confidential information that the Parties will exchange during negotiations, conclusion of contracts and fulfillment of obligations, as well as any other interaction (including, but not limited to, consulting, requesting and providing information, and performing other assignments).
2.Obligations of the Parties
2.1. The Parties agree to keep secret all confidential information received by one Party from the other Party during the interaction of the Parties, not to disclose, disclose, make public or otherwise provide such information to any third party without the prior written permission of the other Party, with the exception of cases specified in the current legislation, when the provision of such information is the responsibility of the Parties.
2.2. Each of the Parties will take all necessary measures to protect confidential information using at least the same measures that the Party applies to protect its own confidential information. Access to confidential information is provided only to those employees of each of the Parties who reasonably need it to perform their official duties for the implementation of this Agreement.
2.3. The obligation to keep secret confidential information is valid within the term of this Agreement, the license agreement for computer programs dated 01.12.2016, the agreement of accession to the license agreement for computer programs, agency and other agreements and within five years after termination their actions, unless otherwise agreed by the Parties.
(a) if the information provided has become publicly available without violating the obligations of one of the Parties;
(b) if the information provided became known to the Party as a result of its own research, systematic observations or other activities carried out without the use of confidential information received from the other Party;
(c) if the information provided is lawfully obtained from a third party without an obligation to keep it secret until it is provided by one of the Parties;
(d) if the information is provided at the written request of a state authority, other state body, or local government in order to perform their functions and its disclosure to these bodies is mandatory for the Party. In this case, the Party must immediately notify the other Party of the request received;
(e) if the information is provided to a third party with the consent of the Party about which the information is being transferred.
2.5. Insales does not verify the accuracy of the information provided by the User, and is not able to assess its legal capacity.
2.6. The information that the User provides to Insales when registering in the Services is not personal data, as defined in the Federal Law of the Russian Federation No. 152-FZ of July 27, 2006. "About personal data".
2.7. Insales has the right to make changes to this Agreement. When making changes in the current version, the date of the last update is indicated. The new version of the Agreement comes into force from the moment of its placement, unless otherwise provided by the new version of the Agreement.
2.8. By accepting this Agreement, the User acknowledges and agrees that Insales may send personalized messages and information to the User (including, but not limited to) to improve the quality of the Services, to develop new products, to create and send personal offers to the User, to inform the User about changes in the Tariff Plans and updates, to send the User marketing materials on the subject of the Services, to protect the Services and Users and for other purposes.
The user has the right to refuse to receive the above information by notifying in writing to the e-mail address Insales - .
2.9. By accepting this Agreement, the User acknowledges and agrees that the Insales Services may use cookies, counters, other technologies to ensure the operation of the Services in general or their individual functions in particular, and the User has no claims against Insales in connection with this.
2.10. The user is aware that the equipment and software used by him to visit sites on the Internet may have the function of prohibiting operations with cookies (for any sites or for certain sites), as well as deleting previously received cookies.
Insales has the right to determine that the provision of a certain Service is possible only if the acceptance and receipt of cookies is allowed by the User.
2.11. The user is solely responsible for the security of the means chosen by him to access the account, and also independently ensures their confidentiality. The User is solely responsible for all actions (as well as their consequences) within or using the Services under the User's account, including cases of voluntary transfer by the User of data to access the User's account to third parties on any terms (including under contracts or agreements) . At the same time, all actions within or using the Services under the User's account are considered to be performed by the User, except for cases when the User notified Insales about unauthorized access to the Services using the User's account and / or about any violation (suspicions of violation) of the confidentiality of their account access.
2.12. The User is obliged to immediately notify Insales of any case of unauthorized (not authorized by the User) access to the Services using the User's account and / or any violation (suspicion of violation) of the confidentiality of their means of access to the account. For security purposes, the User is obliged to independently carry out a safe shutdown of work under his account at the end of each session of work with the Services. Insales is not responsible for the possible loss or corruption of data, as well as other consequences of any nature that may occur due to the violation by the User of the provisions of this part of the Agreement.
3. Responsibility of the Parties
3.1. The Party that violated the obligations stipulated by the Agreement regarding the protection of confidential information transferred under the Agreement is obliged to compensate, at the request of the affected Party, the real damage caused by such a violation of the terms of the Agreement in accordance with the current legislation of the Russian Federation.
3.2. Compensation for damages does not terminate the obligations of the violating Party for the proper performance of obligations under the Agreement.
4.Other provisions
4.1. All notices, requests, demands and other correspondence under this Agreement, including those including confidential information, must be made in writing and delivered personally or through a courier, or sent by e-mail to the addresses specified in the license agreement for computer programs dated December 01, 2016, the agreement of accession to the license agreement for computer programs and in this Agreement or other addresses that may be specified in writing by the Party in the future.
4.2. If one or more provisions (conditions) of this Agreement are or become invalid, this cannot serve as a reason for termination of other provisions (conditions).
4.3. The law of the Russian Federation shall apply to this Agreement and the relationship between the User and Insales arising in connection with the application of the Agreement.
4.3. The User has the right to send all suggestions or questions regarding this Agreement to the Insales User Support Service or to the postal address: 107078, Moscow, st. Novoryazanskaya, 18, pp. 11-12 BC "Stendhal" LLC "Insales Rus".
Publication date: 01.12.2016
Full name in Russian:
Limited Liability Company "Insales Rus"
Abbreviated name in Russian:
Insales Rus LLC
Name in English:
InSales Rus Limited Liability Company (InSales Rus LLC)
Legal address:
125319, Moscow, st. Academician Ilyushin, 4, building 1, office 11
Mailing address:
107078, Moscow, st. Novoryazanskaya, 18, building 11-12, BC "Stendhal"
TIN: 7714843760 KPP: 771401001
Bank details:
According to the changes made to the design of commodity price tags, they should become more convenient for buyers in terms of the information content and reliability of the specified data.
Changes in the design of price tags
After the amendments to the rules for the formation of commodity price tags, which were adopted on 12/23/2016 and took effect from 01/02/2017, the use of handwritten and printed stickers is prohibited at the same time. In accordance with the changes made, information stickers must be of the same format and have the following designations:
- the name of the product being sold;
- if there are different varieties or types of goods, their variety must be indicated;
- the price of products for a certain volume or weight. For example, 100 rubles / 100 grams or 1000 rubles. /1 kg.
For merchants that sell goods to take away, you need to have a price list with you. The price list must contain the following information:
- price and name of the product;
- a list of all services provided;
- the document must be signed and certified by the wet seal of the leading person.
Positive aspects of change
The adopted requirements for price tags will affect both wholesale and retail trade sectors, ranging from small stalls and shops to large companies and hypermarkets.
The main positive requirement for price tags, of course, is the same form of stickers and their content. The seal and signature of the responsible person is removed from the price tags, thereby simplifying the replacement procedure when the cost changes.
In addition to printed ones, you can also use electronic price tags or tables, while making changes in the price becomes much easier and faster. Thanks to electronic displays, the buyer always sees the current price for a particular product.
For entrepreneurs, the cost of paper used to make stickers will be significantly reduced, as well as the time for replacement.
Interesting to know! According to experts, in an average supermarket, it takes about 5 work shifts for 1 month to completely replace all the price tags.
Negative sides of change
In addition to the positive aspects of the changes, there are also negative ones, but they mainly concern entrepreneurs and in no way relate to the consumer.
The main disadvantage is the complete replacement and standardization of price tags. That is, they must have one form and contain complete information in accordance with the requirements made.
The requirements for the design of price tags apply not only to large stores and hypermarkets, but also to small shops and street kiosks. If earlier in kiosks the price of a product was indicated on ordinary pieces of paper or even directly on the packaging, now such groups of entrepreneurs are also required to hang special stickers or electronic price tags.
If an entrepreneur nevertheless decides to switch to more convenient and informative price tags, namely electronic ones, then he may have to face the problem of additional employee training for correct and, most importantly, quick price changes.
Electronic price tags the future has already come
After the amendments to the law on the design of product stickers, all business groups that are engaged in wholesale or retail trade are allowed to install electronic price tags or displays. But it should be noted that such information carriers should have a uniform look.
Permission to introduce electronic media into trade has many advantages, the main ones are:
- electronic price tags are very convenient and easy to use, because you can always correct the information on the product in the shortest possible time;
- informative for clients. For example, when using electronic scoreboards, they can indicate information on all similar products. In this case, the buyer will easily be able to choose a product according to purchasing power;
- since price tags are interconnected with accounting programs, the cost of accounting for products is significantly reduced. Also, electronic trading significantly reduces the possibility of errors.
How to set up a price tag? (Tsvetaeva V.)
Article placement date: 04/27/2016
Entrepreneurs who are engaged in retail trade are faced with the need to issue price tags for goods sold. At first glance, this procedure seems simple and straightforward. However, practice shows that sellers often draw up price tags in violation of the law. We will tell you what you should pay attention to when indicating the price of goods and what kind of liability threatens a merchant who violates the requirements of the law.
We must say right away that for violations in the design of price tags, an entrepreneur may face a fine of one to three thousand rubles (note to Article 2.4, Article 14.15 of the Code of Administrative Offenses of the Russian Federation). Rospotrebnadzor bodies are held liable for this violation (part 1 of article 23.49 of the Code of Administrative Offenses of the Russian Federation).
Price tag according to GOST
The definition of the price tag is given in GOST R 51303-2013 "The National Standard of the Russian Federation. Trade. Terms and definitions" (approved by Order of Rosstandart dated August 28, 2013 N 582-st). In accordance with paragraph 182 of this document, a paper or other medium, a means of bringing information about the product to the buyer, is considered a price tag. The price tag accompanies samples of goods displayed on the shelves, showcases, etc. According to GOST, the price tag must contain:
- information about the name, grade (if any), price per mass or unit (piece, meter, etc.) of the goods;
- the date of registration of the price tag;
- Signature of the financially responsible person or seal of the trade organization.
Rules for the sale of goods: new trends
Until recently, similar requirements for the price tag were contained in clause 19 of the Rules for the sale of certain types of goods (approved by Decree of the Government of the Russian Federation of 19.01.1998 N 55, hereinafter referred to as the Rules). However, from January 2, 2016, Decree of the Government of the Russian Federation of December 23, 2015 N 1406 "On Amendments to the Rules for the Sale of Certain Types of Goods" came into force. This document excluded from the Rules the obligation of the seller to indicate the date of registration of the price tag, as well as to put a signature or seal.
Thus, at present, paragraph 19 of the Rules requires that only the name of the product, its grade (if any) and, of course, the price for the weight or unit of the product be indicated on the price tags. In our opinion, this information on the price tag will be quite enough.
Another innovation of the Rules is the possibility of designing price tags not only on paper, but also on any other information carrier visually accessible to buyers. It can be, for example, a digital scoreboard, a stand, and even a slate.
Multiple prices for one item
Often on the shelves you can find price tags indicating different prices for the same product. The lower price is shown in large print and is intended for certain categories of buyers, such as wholesalers or individuals with a discount card. In this way, entrepreneurs try to attract more customers. But is this little trick legal? The courts do not give a clear answer to this question.
Thus, in Resolution No. 307-AD15-7060 of July 10, 2015 in case No. A56-30892/2014, the Supreme Court of the Russian Federation established that two prices were indicated on the price tags of goods sold: the price with a card (in larger print) and the price without a card. Such price tags, according to the court, do not meet the requirements of uniformity and clarity, thereby misleading consumers.
Surprisingly, in some cases, sellers manage to charge three prices for a product at once.
Arbitrage practice. The department of Rospotrebnadzor received a complaint from a citizen about the violation of consumer rights. The essence of the violation, in his opinion, was the placement of different prices on the price tag of the same product, indicating the information "without the Lenta card", "with the Lenta card" and "with a promotion." According to the citizen, this is misleading regarding the actual value of the goods.
The complaint became the basis for an inspection of the store, as a result of which a protocol was drawn up on an administrative violation, and later a decision on prosecution under Art. 14.15 Administrative Code of the Russian Federation. The appeal of this decision in court did not bring results.
The arbitrators recalled that, in accordance with paragraph 18 of the Rules, the prices of goods should be the same for all buyers (which does not cast doubt on the possibility of the seller providing discounts on the goods he sells, including through the distribution of plastic cards). In addition, paragraph 19 of the Rules requires that the price tags for the goods sold be drawn up uniformly and clearly (Decree of the Thirteenth Arbitration Court of Appeal dated November 08, 2012 in case No. A56-29586 / 2012).
However, in some cases, courts have taken the opposite view. For example, the same Supreme Court of the Russian Federation, by Decision No. 307-KG14-5693 of December 25, 2014, refused to accept for revision the Resolution of the Arbitration Court of the North-Western District of September 9, 2014 N F07-7284 / 2014 in case N A56-73200 / 2013. And in this Resolution, the arbitrators came to the conclusion that the indication on the price tag of the cost of goods for ordinary and regular customers does not violate the rights of consumers.
In general, if the merchant is not ready to argue with the inspectors from Rospotrebnadzor, then it is better to indicate one price on the price tags, and information on discounts for various categories of buyers can be placed in a separate prominent place.
Multiple items for the same price
Often there is a reverse situation, when the seller indicates the price for several goods at once. Such a decision, on the one hand, facilitates the choice of the buyer, who does not need to compare prices for individual goods, but on the other hand, it may raise questions from Rospotrebnadzor.
Fortunately, the courts recognize such price indications as acceptable. They believe that such registration complies with the requirements of clause 19 of the Rules (Resolution of the Federal Antimonopoly Service of the Central District of 16.06.2009 in case N A62-961 / 2009). The main thing is that such a single price tag contains all the necessary information about each product.
Price list instead of price tags
In accordance with clause 19 of the Rules, when peddling trade, the seller's representative is required to have a price list that replaces the price tags. It must be certified by the signature of the person responsible for its execution, and contain the name and price of goods, as well as services provided with the consent of the buyer.
But you can’t issue a price list instead of price tags in a regular store.
Arbitrage practice. Rospotrebnadzor conducted an inspection of a shoe store. The inspectors found out that the sale is carried out by the self-service method. Samples of shoes are displayed on the trading floor without boxes on open shelves. Buyers choose the pair of shoes they need to try on and purchase.
On the soles of some samples, stickers are fixed on which numbers are indicated. What they mean is a mystery.
Near the cash zone there is a summary book of price tags, which is a price list. At the same time, there is no information about the location of such a book for consumers in the store.
According to employees of Rospotrebnadzor, the store violated clause 11 of the Rules, according to which the seller is obliged to bring to the attention of the buyer the necessary and reliable information about the goods and their manufacturers in a clear and accessible form. In addition, there is a violation of clause 19 of the Rules, since the seller did not ensure the availability of uniform and clearly drawn up price tags with all the necessary information.
The court agreed with the inspectors (Resolution of the Ninth Arbitration Court of Appeal dated August 26, 2013 N 09AP-25787 / 2013-AK in case N A40-12889 / 13).
Similarly, in another case, the inspectors found that the price tags were in the form of stickers containing only the price of the goods. The rest of the information is given in the consolidated book with price tags, located at the checkout. Rospotrebnadzor, followed by the court, came to the conclusion that the store violated the requirements of paragraph 19 of the Rules (Decree of the Thirteenth Arbitration Court of Appeal dated May 24, 2012 in case N A56-55522 / 2011).
Price in conventional units
In the context of the economic crisis and the unpredictable exchange rate of the ruble, many sellers are tempted to fix prices in conventional units or in hard foreign currency (in dollars or euros). Moreover, the law allows for the possibility of setting prices in cu. e. or in currency (Article 317 of the Civil Code of the Russian Federation). But this rule applies to contracts between companies and (or) merchants. And in relations with consumers, the price should be indicated exclusively in rubles and nothing else (paragraph 4, clause 2, article 10 of the Law of the Russian Federation of 07.02.1992 N 2300-1 "On Protection of Consumer Rights").
It turns out that a businessman who does not indicate price tags in rubles is breaking the law. He can be fined under Part 1 of Art. 14.8 of the Code of Administrative Offenses of the Russian Federation in the amount of 500 to 1000 rubles.
Price with or without VAT?
In some large chain supermarkets, you can find prices with the allocation of the amount of VAT or an indication that the price is indicated without this tax. Questions arise: how legal is this practice or can it be adopted? The answer depends on who the buyer of the product is.
If we are talking about the retail sale of goods to the population, then VAT should be included in the price. At the same time, the tax amount is not allocated on product labels, price tags, checks and other documents issued to the buyer (clause 6 of article 168 of the Tax Code of the Russian Federation).
Price tags without VAT are usually used when goods are sold to legal entities and (or) entrepreneurs.
Price tags for goods are carriers of information about a unit of production, its cost. They are used in retail. Registration of price tags for goods is carried out according to certain rules. Let's consider them.
Required details
Price tags for goods must contain a number of necessary information. For weight food products, the mandatory details are:
- Name.
- Sort.
- Cost per kilogram or 100 gr.
Price tags for goods sold in bulk must contain information about:
- Name.
- Cost per unit of capacity.
When selling piece products and drinks packaged by manufacturers in cans, boxes, bottles, bags and other containers, their name, weight, cost per packaging are indicated. As for non-food products, the price tags for it should contain:
- Name.
- Sort.
- Cost per kg, liter or 1 piece.
For small piece goods (haberdashery, perfumery), only the price and name are indicated. The information indicated on the price tag must be certified by the signature of an authorized person. At the same time, the existence of an agreement establishing liability for the employee is mandatory. Regulatory authorities often request it for verification. Responsibilities for the design of price tags are fixed in the job description of the employee.
Nuances
Price tags for goods may contain additional information. Their volume depends on the specifics of the product itself and the requirements for one or another of its types. The Consumer Protection Law establishes that the seller/manufacturer is obliged to provide the buyer with complete and accurate information about the products in order to enable the right choice. If the price tag does not match the product, then this may be considered a violation of established standards and may result in liability.
Name
The product name is indicated in Russian. It must be the same as the name on the invoice. It is forbidden to indicate "in stock" on the price tag. The exception is when a similar word is present in the invoice. It is not allowed to change the product name. The inconsistency of the price tag with the product is considered as a distortion of information or as an attempt to replace the product during its implementation.
Price
The unit of measurement that is used to designate the price of the goods must correspond to the indicators present in the receipt documents. The cost of products is indicated based on the approved price list, which confirms its reliability. Depending on the company's workflow, other local documents may be used to verify the validity of the price.
Date of preparation
It is usually indicated on the front. If the dates of registration of the price tag, preparation of the invoice and posting of goods do not coincide, the fact of receipt of goods by the enterprise is necessarily reflected in accordance with the rules of internal document management. For example, an entry can be made in a product acceptance report. In this case, the reasons are indicated for which it cannot be capitalized immediately. Experts also recommend indicating the actual date of receipt of the goods in the accompanying documentation.
Shelf life
Its indication is mandatory for food products. The requirement to provide the buyer with information about the shelf life of products is established on the basis of the provisions of Federal Law No. 2300-1 ("On the Protection of Consumer Rights") and other regulatory documents. The obligation to provide this information is fixed at the regional level. As a rule, the requirement to bring to the attention of the buyer data on the expiration date is presented with some features of the labeling of a product unit and the specifics of its implementation. In such cases, obtaining the necessary information by the buyer during his acquaintance with the goods and their choice is significantly difficult. This situation, for example, occurs when selling dairy products through the counter.
Since 2016, price tags must be issued in a single style and, in addition to the price, must contain the name of the product, grade, weight, information about the country of origin, the manufacturer itself, and additional information depending on the type of product. For violation of the registration rules and unreliability of information, individuals and officials face a fine of up to 20 thousand rubles, legal entities up to 500 thousand rubles. Rospotrebnadzor oversees this issue.
The requirements for price tags for goods are established by the Rules for the sale of certain types of goods, approved by Decree of the Government of the Russian Federation No. 55 of January 19, 1998 (in particular, as amended on December 23, 2015). Also, this issue falls within the scope of the Law "On Protection of Consumer Rights". New requirements for the design of price tags require, in addition to the price, providing the buyer with complete and reliable information about the main characteristics of the product and observing a single style. The same requirements apply in 2018.
Pricing requirements
Sellers are obliged to inform the buyer about the properties of the purchased products. At the same time, there are no strict limits regarding the method of informing: both paper labels and electronic “creeping lines”, and even slate boards with chalk inscriptions are allowed. The main thing is that the information is available to the buyer.
Where should labels be placed?
The issue of placing product labels is not regulated by law, but by the rules for placing goods. First of all, the visual accessibility of information should be observed, and there should also be no confusion. Therefore, it is better to place the price tag in the immediate vicinity of the product. Depending on the layout method, it can be located below, above or next to it.
Note: if during the sale heterogeneous products are laid out in one basket, it is permissible to issue a common price tag for it.What information must be included
Depending on the type of product, the label must indicate:
Table 1. List of required information on the label
Source: Rules No. 55 as amended on December 23, 2015
Important: in case of markdowns or discounts, you cannot cross out the old price and write a new one. The old price tag must be sealed with a new one..What else can be indicated on the label
The seller can expand the list of information about the product. This may be the following information:
- name of the seller;
- manufacturer's name;
- specifications;
- GMO content;
- storage periods;
- warranty terms.
If it is not possible to inform buyers about this using separate stands or consultants, this information should be placed on the label.
Features of designing labels for retail trade
When retailing from stalls (fairs, markets), there is no need to issue separate labels for each type of product. The same category is also exempt from application. The seller must have a signed price list indicating the name and price. It is not necessary to certify with a seal.
Sample of a properly designed price tag
The minimum required information on the label:
Price tags designed in this way do not comply with the requirements of the law:
Who controls the correctness of the design
What should the buyer do if he notices violations in the appearance of the labels? Is it possible to try to resolve the issue on the spot or file a complaint with the controlling organization?
Which organization is in charge of this issue?
The function of monitoring compliance with the rules in the field of sales is assigned to Rospotrebnadzor. When applying, you must provide confirmation of the identified violations (video, photo), upon which an order will be issued to organize an inspection.
