Imagine that you ordered a car at a car dealership, made an advance payment. The delivery date of the car, as specified in the contract, has already arrived, but the car is gone. What to do? Of course, write a claim and ask for a forfeit. How to count it, we will tell you in this article.

Under what article to ask for a penalty for a delay in delivery of a prepaid product?

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

In case of violation of the time period for the transfer of the prepaid goods to the consumer established by the sales contract, the seller pays him for each day of delay, a forfeit (penalty) in the amount of half a percent of the amount of advance payment for the goods.
The forfeit (penalty) is collected from the day when, under the contract of sale, the transfer of the goods to the consumer should have been carried out, until the day of transfer of the goods 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 forfeit (penalty) collected by the consumer cannot exceed the amount of the advance payment for the goods.

To calculate the forfeit, we need the following data:

• the amount of the prepayment made- it can be taken from the cash register or sales receipt, receipt slip or other document confirming payment for the goods;
• term of transfer of goods- it is written directly in the sales contract and can be specified as an exact delivery date or as a period after which the delivery will be carried out (in business, calendar or banking days).

The formula for calculating the forfeit under Article 23.1 of the Consumer Protection Law

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

• Prepayment amount- only that part of the cost of the goods is taken that was paid in advance, i.e. before the delivery of the goods. You can take all the amounts deposited in cash, by card, by credit. For example, if a sofa costs 30,000 rubles, but according to the contract, the prepayment is only 15,000 rubles, you need to calculate the forfeit from 15,000 rubles.
• Number of days overdue- all calendar days in a row are taken, starting from the next day after the date when the delivery was supposed to be under the contract. The penalty can be charged on the day of the actual delivery of the goods or on the day of the return of the prepayment (inclusive) - depending on what you require in the claim.
• The maximum amount of the forfeit under Article 23.1 of the ZoZPP is limited to the amount of the prepayment. That is, if, when calculating, the forfeit is greater 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 an advance payment, so the penalty is 30,000 rubles.

An example of calculating a penalty under Article 23.1 of the ZoZPP

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

Calculation of forfeit
Delay 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% = 3000.50 rubles
Forfeit total = 3000.50 rubles * 34 days = 102,017 rubles.
102,017 rubles is not more than the amount of an advance payment of 600,100 rubles, that is, the amount of the penalty will be 102,017 rubles

Let's explain the calculation procedure.

• Delivery time calculation.
  Banking day corresponds to a business 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), therefore the first day of the delivery date will be the next working day after it - 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 a car dealership can deliver a car without breaking the deadline.
• Delay.
  From February 23, 2013, the dealership begins to delay, and this will be the first day of calculating the penalty. We draw your attention to the fact that the penalty is calculated already 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 calculating the penalty will be March 28, 2013. If a man wanted to wait for the delivery of the car, then the last day for which a penalty can be charged to a car dealership would be the day the car was handed over to him. Thus, the penalty is charged for the period from February 23 to March 28, 2013, which will be 34 days.

How to get a penalty under article 23.1 of the ZoZPP?

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

The detailed procedure for receiving a forfeit and refunding an advance payment is described in our instructions:

What if there is no exact delivery time in the contract?

The consumer protection law obliges the seller to prescribe in the sales contract a clear delivery time 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 sales contract, which will indicate the exact delivery time (a specific date or a specific period from the date of prepayment).

If your contract still does not have a specific delivery time, 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 deadline for performance, the obligation must be fulfilled within seven days from the date the creditor submits a demand for its performance. 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 charge a penalty under article 23.1 of the ZoZPP from the next day after the expiration of a period of 7 days from the date of receipt of the claim by the store.

Is it possible to ask for damages together with the penalty under 23.1 ZoZPP?

Yes, you can. A long wait for the ordered product can create real inconveniences for the buyer. For example, you make an advance payment for a car using a loan. Naturally, in this case, the bank will require you to take out CASCO and OSAGO insurance. Plus, you will pay interest on the loan to the bank every month. If the delivery time of 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 paid insurance premium and interest on the loan. Article 23.1 of the consumer protection law clearly states that you have the right to claim compensation for these damages.

When the recipient orders the carriage, he naturally hopes that the goods will be delivered to him on time. However, what should you do in a situation when there is a violation of the terms of delivery of goods by the carrier?

After all, anything can happen on the road and the carrier is not necessarily to blame for the delay. In this case, a problem arises as to how the recipient can recover his losses, because the goods may turn out to be perishable. Our fresh material, which is offered to the attention of the reader, is devoted to all these questions.

In this article:

The carrier's liability for violation of the delivery time of the goods

The most difficult point is that there are no sanctions for the carrier for delay in delivery of goods by the Civil Code of the Russian Federation. They are defined in the contract between the transport company and the consignor.

If the agreement on transportation does not stipulate responsibility for violation of the delivery time of the goods, then the charter regarding the procedure for the carriage of goods by road should be studied. In its current version, the sanctions are 9% of the transportation fee for each day of delay. In this case, the maximum amount of the sanctions should not exceed the amount of the carriage charge.

There is one more subtlety. Under the contract of carriage, its parties have the right to determine the moment from which the delay in delivery of the goods begins its countdown. If this clause is not spelled out, then it is understood that the delay period begins to run from the day following the date when the goods were to be delivered.

Therefore, the recipient of the shipment should determine special attention to the delivery date, which is indicated in the transport documentation.

However, one must remember that liability arises if the delivery time was interrupted precisely through the fault of the carrier.

How to document the fact of delay

First of all, an act should be drawn up with the participation of representatives of the recipient of the cargo, as well as the driver. Although formally the legislation does not require its presence, the courts often refuse to file claims against the carrier when a violation of the terms for the carriage of goods has been committed.

The act indicates the date of its preparation, time (optional), initials of the persons who were present when the document was drawn up. Further, the fact of delay in the cargo is directly recorded based on the rules set out above, and its period is also indicated. The act itself is completed by the signatures of the persons who participated in its preparation.

If the driver does not want to leave his autograph, then the cargo owner can draw up the document on his own. In this case, he notifies (in writing) of such actions of the carrier, as well as the consignor of the cargo.

In the future, the act of violation of the delivery time will form the basis for filing a claim, and then, if necessary, for an arbitration claim. Therefore, it is important that all the circumstances of the delay are recorded in detail in the act.

Sending a claim for late delivery of goods

The next step after the registration of the act should be a claim for violation of the terms of delivery of goods. It is sent by the consignee of the goods to the address of the carrier. The claim shall indicate the circumstances of the receipt of the property, an indication of the fact of delay and its period.

Next, the calculation of penalties for late delivery is done. And there is such a nuance here. It is important to see the contract between the sender and the transport company when determining responsibility for violation of the terms of delivery of goods.

Therefore, if the recipient does not have a copy of it, then you should first request a copy of the contract from the shipper or carrier. If it is impossible to obtain a copy, you can make a calculation based on the sanctions established at the level of legislation.

In the future, in court proceedings in an arbitration court, a copy of the contract of carriage can be claimed with the help of the court and the amount of the claim can be adjusted.

The claim must be accompanied by an act of delay, copies of documents for the delivery of goods, as well as a reasonable calculation of penalties.

As a general rule, a claim for violation of the terms of transportation of goods is considered by the transport company within a month from the date of its receipt. In case of refusal to pay the forfeit, the case is subject to consideration in an arbitration court.

The nuances of the trial

Despite the fact that liability for delay in delivery of goods is regulated by an agreement between the sender and the carrier, the recipient of the shipment will be the plaintiff in the case for the collection of sanctions. The Supreme Court of the Russian Federation adheres to the same position.

The claim for recovery is filed with the arbitration court at the address of the carrier's office. These are the rules of exclusive jurisdiction. The statement of claim should indicate the details of the parties to the dispute, describe the circumstances of the delivery of the goods. Further, it is necessary to substantiate the fact of delay with reference to documentary evidence.

After that, it is necessary for the court to provide a calculation of sanctions for late delivery of goods. And here it is necessary to operate not only with the relevant clauses of the contract of carriage, but also with transport charters.

The lawsuit is completed by a list of requirements, a list of annexes, as well as the personal signature of the plaintiff or his representative. A claim for the recovery of sanctions involves the payment of a state fee. It is calculated as a percentage of the declared amount.

If the cargo is delivered late: results

So, if the fact of delay in the delivery of goods was established, then you should both draw up an appropriate act and record the delay in the arrival of the car at the right place in the shipping documents.

After that, the recipient of the property sends a claim to the carrier with the requirement to pay the prescribed penalties. This step is mandatory as it is required by law. The claim is reviewed by the transport company within one month.

If the pre-trial procedure does not lead to anything, then an appeal to arbitration will follow with a claim against the carrier. Based on the results, a decision is made on the collection of penalties for late delivery of goods.

In case of non-fulfillment by the carrier, a writ of execution is voluntarily drawn up. Then bailiffs will start working.

Purchasing new furniture is often one of the final stages of renovation. And now, when you have already chosen a place to install the headset, finished all the preparatory work and are ready to meet your order, it turns out that delivery is delayed. Agree that such a situation is extremely unpleasant and causes a lot of inconvenience. Even if you just ordered a new dresser or desk, you probably expected to receive it within the time frame agreed with the supplier. Therefore, it is only natural that for such a breach of contractual obligations, you can demand compensation. Moreover, this right is enshrined in the Civil Code in Chapter 521.

Important! The aforementioned norm of the Civil Code and the Law of the Russian Federation "On Protection of Consumer Rights" apply in cases where furniture is purchased by an individual who is considered by law as a consumer. If the headset is paid for by a legal entity, then disputes between the supplier and the buyer are governed by other regulations.

Buyers 'rights and sellers' obligations

Specifying the delivery time is one of the main points of the contract. The way in which the time period for handing over the product to the buyer has been designated directly affects your ability to receive compensation. Most often, the terms are set by the supplier or seller himself, based on the approximate date of the order's readiness, the availability of goods in the warehouse, the availability of transport and other nuances. At this point, many firms go to the trick: specifying a specific delivery date in the contract, they make a note that the seller has the right to change the delivery time in the event of force majeure or other situations. If there is such a wording, it will be extremely difficult to call them to account, because when you signed the contract, you yourself agreed to such conditions.

If there are no such notes in the contract and the date of arrival of the furniture is spelled out clearly and unambiguously, then if this period is violated, you can exercise the right to compensation.

Forfeit amount

According to the norms of the Law of the Russian Federation "On Protection of Consumer Rights" (Article 23.1), the amount of the penalty for late delivery of furniture is 0.5% of the amount of the prepayment made for each calendar day. If you paid for the order in full, then compensation will also be calculated from the entire amount of the contract.

In case of concluding a sale and purchase agreement in case of violation by the seller of obligations on delivery times, you can demand:

1. Set a new delivery date for furniture and still wait for your order.
2. Return the prepayment amount you paid and refuse further cooperation.

In addition to refunding the prepayment, you can also claim compensation for non-pecuniary damage or other damages that were incurred by you due to the seller's irresponsibility.

When concluding a contract for the manufacture of furniture, the amount of compensation for delay is 3% of the value of the product for every calendar day. Here, Article 28 of the RF Law "On Protection of Consumer Rights" comes into force. In case of violation of the terms of furniture manufacturing, you can act in different ways:

• agree on a new date with the manufacturer;
• demand a refund of the prepayment and refuse to cooperate.

Furniture was not delivered on time: what to do?

First of all, you need to call the supplier and clarify what the delay is related to. Regardless of the stated reason, you can warn about your intentions to demand compensation. If you are offered new terms that do not suit you, you can refuse further cooperation.

Very often, when demanding a full refund of the prepayment, sellers begin to play up and try to persuade buyers to change their mind. But if you are firmly convinced of your unwillingness to wait further, then you can safely contact the consumer protection service. Such departments function under district and city administrations. To file a complaint, you must collect all the documents related to the failed transaction, including the receipt for the transfer of the prepayment. Service workers will try to amicably agree with the seller on the return of funds and compensation for damage, and if this is not done, they will begin to form a package of documents for filing with the court.

What should not be done if the furniture delivery time is violated?

In no case should you go beyond the legal framework. As soon as you start to scandalize, offend the seller and behave in a threatening manner, you yourself may be a defendant in a court of honor and dignity.

Also, when deciding a case in court, you should not rely on your own knowledge in the legal field. To prevent the seller from escaping liability, and you receive your legal compensation, use the help of a qualified lawyer. If your process is accompanied by an experienced lawyer, it will be much easier for you to defend your rights.

Maybe not everyone knows this, but nevertheless it is. In case of violation of the delivery deadlines - EMS pays compensation- up to the payment of the full cost of the money spent on the shipment.

In this topic, I want to talk both about the compensations that EMS lists in case of violation of the terms for the passage of express parcels, and in some cases when the parcel does not want to be delivered to your home - or the parcel arrives with deviations in weight.

And also how the process takes place - what stages are your sending.

I would be glad if you unsubscribe - so that you would like to know more.

Such an application will be considered within 2 months.

The recipient can initiate the payment of compensation by requesting from the sender " Application from the sender to refuse to pay compensation in favor of the addressee or a third party "
there are all forms.

What is the procedure:

1) Make sure delivery times are violated. the site has a section with delivery times. You can also call their hotline.
2) Request from EbayToday "Statement of the sender about the refusal to pay refunds in favor of the addressee or a third party", as well as a receipt and a receipt confirming the shipment.
3) Fill in "" from the site emspost.ru
4) Submit the application, with copies of the documents of step number 2, to any EMS department (). You can also send the application and documents by registered mail or electronically through the Contacts section.

EMS is considered a courier mail, but they work nowhere worse. And only together, collectively and in large numbers, we can improve their work.

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

An interesting fact is that all your parcels, leaving the United States, arrive in Russia within 3–4 days ... However, 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 for its turn for processing, and there are tons of postage waiting for processing ahead.

After affixing the import mark, the parcels are sent to customs officers, who scan the parcel. If there are prohibited items - or a lot of identical items - a stamp is put that the parcel is "with customs notification", if not, then release is allowed. As soon as the container is full, the parcels leave the MMPO (place of international postal exchange) - and after a while they get to the sorting center for sorting.

EMS only flies to large cities. To villages and villages - EMS is delivered to the capital of your region - then by ground.
After delivery to your destination, you are 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 the 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 paid for this, took the notice - which I had already filled out - unloaded the parcel from the car and left. I send the parcel myself.

To avoid getting caught like this, follow the universal advice:
When filling out the form - notice - do not put your signature!
You don't 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 required to write this!

It often happens that a parcel arrives - with a different weight! Unfortunately, it also happens.
Take the time to go - and get the ems yourself. Before receiving, let us know that you want to receive the shipment with opening, because weight does not match. An autopsy should be performed ONLY in your presence, with the head of the OPS. 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 non-fulfillment or improper fulfillment of obligations for the provision of postal services, the Russian Post is liable to its customers. To receive compensation, you must submit an application for damages.

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

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

Applications for tracing domestic and international mail are accepted within six months from the date of dispatch. Applications for tracing international EMS shipments are accepted within 4 months from the date of dispatch in accordance with the Regulation for the Application of the EMS Model Agreement (Bern, 2017)

The Russian Post informs about the search results by registered mail to the postal address, or by letter to the email address specified in the application, no later than 30 calendar days from the date of submission of the application for domestic Russian mail, and 2-3 months for international mail. If the shipment is not found, the Post is obliged to pay compensation. Payment is made within 10 days from the date the claim was acknowledged.

For shipments within Russia

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

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

If the shipment with the declared value was without an inventory of the attachment, the Post pays compensation in the amount of the part of the declared value of the postal item in proportion to the ratio of the mass of the missing or damaged part of the attachment to the total mass of the shipment (excluding the mass of packaging materials).

In case of non-payment (non-implementation) of the 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 double the amount of the tariff fee. In case of loss, damage or damage to a part of their investment - in the amount of the tariff fee.

In case of violation of the 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 the shipment of a postal item by air - the difference between the payment for postage by air and land.

For international shipments

In case of loss, damage or damage to international registered items (letter, parcel post, small package), the 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 a part of their investment - in the amount of the actual value of the missing or damaged part, but not more than 30 SDRs.

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

Compensation for loss or damage is the amount of the declared value and the amount of the tariff fee (excluding the commission for the registration of the declared value).

In the event of the loss or damage of a simple parcel, compensation shall be 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 case of loss, damage or damage to a part of an international item, the Russian Post will compensate for its actual amount, but not more than the amount established for the complete theft or damage to the item.

Russian Post is not responsible for violation of delivery times, loss and damage to items:

• if these events occurred as a result of a natural disaster
• if the items have been seized by the competent authorities
• if the loss or damage to the parcel occurred due to the fault of the sender: due to improper packaging or the properties of the items sent

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