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The First Cassation Court of General Jurisdiction has upheld the refusal of the Lamoda online store to accept back goods from a regular customer who specialized in receiving cashback, while subsequently returning the goods, as the press service of the cassation instance reported on Monday.
Case History
The woman ordered clothes from the Lamoda online store for a total of over 335 thousand rubles. 40 days after purchasing the goods, the buyer contacted the Lamoda pick-up point with a request to return the goods and the money paid for them, to which she was refused.
The plaintiff filed a lawsuit against the company to recover the money paid for the clothes, compensation for moral damages and a fine.
The court of first instance satisfied the claim and recovered from the defendant in favor of the plaintiff the money paid for the order, compensation for moral damages and a fine, since it considered unproven the fact that the defendant provided the plaintiff with written information at the time of delivery about the procedure and terms for returning the goods of proper quality.
The court of appeal did not agree with the conclusions of the court of first instance about the defendant's violation of consumer rights, since the seller can provide information about the procedure and terms for returning the goods to the buyer in writing at any time up until the moment the goods are transferred to the consumer.
Cassation decision
As reported by the First Cassation Court of General Jurisdiction in its Telegram channel, in accordance with Article 26.1 of the Law "On the Protection of Consumer Rights" (remote method of selling goods), the consumer has the right to refuse the goods purchased remotely after their transfer within 7 days.
The plaintiff, having registered as a user in the online store, agreed to the terms of the user agreement, according to which the period for returning a quality product was 14 days, and accordingly, she was duly familiarized with the procedure and terms for returning the product.
"The court of appeal also established that during the year before this, the plaintiff repeatedly made purchases of goods from the defendant for a total of 4,962,400 rubles, for which she received bonuses from the bank in the form of a refund of part of the money, and then returned the items in compliance with the deadline established by the agreement," the report says.
A new decision was made on the case to refuse to satisfy the claim. The First Cassation Court of General Jurisdiction left the appellate ruling unchanged, since the defendant complied with one of the essential terms of the distance sale and purchase agreement - the rules for returning the goods were posted by him on the website through which the plaintiff made the order.
Case History
The woman ordered clothes from the Lamoda online store for a total of over 335 thousand rubles. 40 days after purchasing the goods, the buyer contacted the Lamoda pick-up point with a request to return the goods and the money paid for them, to which she was refused.
The plaintiff filed a lawsuit against the company to recover the money paid for the clothes, compensation for moral damages and a fine.
The court of first instance satisfied the claim and recovered from the defendant in favor of the plaintiff the money paid for the order, compensation for moral damages and a fine, since it considered unproven the fact that the defendant provided the plaintiff with written information at the time of delivery about the procedure and terms for returning the goods of proper quality.
The court of appeal did not agree with the conclusions of the court of first instance about the defendant's violation of consumer rights, since the seller can provide information about the procedure and terms for returning the goods to the buyer in writing at any time up until the moment the goods are transferred to the consumer.
Cassation decision
As reported by the First Cassation Court of General Jurisdiction in its Telegram channel, in accordance with Article 26.1 of the Law "On the Protection of Consumer Rights" (remote method of selling goods), the consumer has the right to refuse the goods purchased remotely after their transfer within 7 days.
The plaintiff, having registered as a user in the online store, agreed to the terms of the user agreement, according to which the period for returning a quality product was 14 days, and accordingly, she was duly familiarized with the procedure and terms for returning the product.
"The court of appeal also established that during the year before this, the plaintiff repeatedly made purchases of goods from the defendant for a total of 4,962,400 rubles, for which she received bonuses from the bank in the form of a refund of part of the money, and then returned the items in compliance with the deadline established by the agreement," the report says.
A new decision was made on the case to refuse to satisfy the claim. The First Cassation Court of General Jurisdiction left the appellate ruling unchanged, since the defendant complied with one of the essential terms of the distance sale and purchase agreement - the rules for returning the goods were posted by him on the website through which the plaintiff made the order.
