Five things that online shoppers should know about in the summer
On July 3, 2016, amendments to the law “On the use of cash registers” were signed. For each seller, this is the most important document, the norms of which should be strictly followed. From July 1, 2017, the settlement requirements contained in them using cash register equipment became mandatory for all market participants. And the main thing for them for the buyer is to receive a check immediately after payment, and not, for example, through a courier, who, among other things, is often just a payment agent for the store.
What other things worth knowing about the new edition of the 54-FZ - under the cut.
For a long time, the federal law “On the use of cash registers” did not, in fact, take into account the specifics of distance selling and conducting settlements via the Internet. So, according to him, the sellers were required to issue a cashier’s check to the buyer within five minutes after the printout. Obviously, in the case of online trading, this requirement is almost impossible.
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Stores either sent for courier money with a portable cashier, or violated the law by sending a printed receipt with the goods or without giving it to the buyer at all.
In some cases, it was a necessary measure. For example, selling license keys or access to a film in an online cinema vendor does not receive an address to which a paper check could be sent.
In others, retailers avoided issuing documents in order not to pay sales taxes.
Over time, non-issuance of checks in online trading has become a massive violation, which creates problems for more than just the tax authorities.
The buyer of an online store, when purchasing a product, in theory receives all those rights that are guaranteed by law to a customer of an ordinary outlet ( clause 5 of article 26.1 of the Consumer Protection Act ).
The Consumer Protection Act continues to be in effect if the check has not been issued or has been lost, but without a paper confirming the fact of the purchase, it is extremely difficult to realize and defend their rights.
In such cases, it is customary to involve witnesses in the case and refer to their testimony , only they are not found in online stores.
So, dissatisfied buyers who are left without a check are forced to notarize screenshots, copy correspondence, record calls to managers, and then prove the fact of making a purchase in court, and only then make demands. Not everyone is ready for such a long and complicated procedure, and there are no guarantees that the proceedings will be crowned with success.
If the payment is made in cash or by payment card to the courier, you still have a paper receipt, which must be printed on site using a mobile cash terminal. ( Clause 4.3, Article 54 of the Federal Law ).
It is important to remember only that the courier may not be an employee of the online store. And the delivery service here acts as a paying agent, and it is on her behalf that the buyer is issued a check. Then it will be printed and details of the online store and courier service. The second similar exception is when a customer pays for a purchase at a Russian Post office.
In the case of payment for the goods remotely with a bank card or using an electronic payment service, from July 1, 2017, the store must send a check to an e-mail address or a free message to a cell phone number using SMS or, for example, a messenger or push notification. ( Clause 2, Article 1.2 54- ).
Not necessarily all the information will be contained in the SMS or e-mail. You may receive a link to the page with a check on the website of the operator of fiscal data serving the specific store.
However, all necessary information must be transferred. For non-issuance of a check in electronic form, article 14.5 of the Administrative Code provides for fines .
It has the same legal force and is a complete document confirming the purchase. It can be saved in any convenient format and, if necessary, printed, for example, to receive tax deductions. The main thing: do not make any changes to the check.
Cash voucher is, by definition , a document formed at the time of settlement between the seller and the buyer.
If the settlement is performed remotely using a bank card, the time when the issuing bank issued the check becomes the time when the issuing bank has approved the transaction.
For payment aggregators, a similar rule applies: a check is also generated at the time when the seller receives confirmation of payment.
How much time it will then take to transfer funds to the seller’s account, it does not matter if the check is sent to the buyer immediately. This means - whenever payment for the goods happens. At any time, day or night, whether it is five o'clock in the morning of Sunday or the evening of December 31.
Module with cash registers in DC ATOL
To do this, online stores have already purchased automatic cash registers or rented them in “box-office farms”, similar to the ATOL Online service.
The electronic check, as well as the usual one, contains the full list of goods and services included in the order and forming its final cost. There is also indicated the rate of value added tax. While the purchase is not delivered, it's time to review the list.
There are often cases when unexpected positions appear in checks. This may be more than what was stated at the beginning, the delivery charge, and lines like: “additional service”, “extended warranty”, “insurance”, “antivirus setting”.
In such a case, you should keep in mind that, as before, you can refuse at any time before and within seven days after delivery from the purchase in the online store.
Previously, the first stage of the proceedings with an unscrupulous online store for the buyer was the preparation of a written claim, the search for the legal address of the owner and the sending of papers by mail. With the entry into force of the 54- amendments concerning online trading, the procedure has become simpler.
An electronic check, like a regular one, contains the details of the seller. These data will help you figure out who to make demands on and who to complain to the authorities, even if the seller’s website does not have the necessary information or it is not reliable. In addition, there is another, faster way of legal exposure to an unscrupulous store. Using the mobile application of the Federal Tax Service for Android and iOS will help to try on the role of a tax inspector.
Each buyer, by registering and filling out a short form, was able to send a complaint via the Internet to the seller who did not issue a check or issued it with violations.
Due to the fact that online stores, like regular ones, are now required to send information from cash desks to an automated revenue accounting system, the contents of the check can be checked.
The mobile application reads the QR-code from the check and verifies its contents with the tax service database. To send a complaint to the detected discrepancies, just one touch of the screen.
You can check the check for authenticity using web forms on the sites of fiscal data operators. Check validation pages vary in detail, but they have a general operating principle. The buyer enters the basic details of the check (information about the fiscal basis of the document, the amount of the payment, the number of the check, the number of the cash register) and receives official data on this sale.
Scanning a paper check, you get an electronic copy. It will remain in the memory of the smartphone. In the current version of the application, this functionality is not ideal from the point of view of usability, but it is possible to export data to pdf or JSON files, which are then easy to work with using standard applications. Thus, it became easier to account for expenses, and it is more difficult to lose a check.
For the time being, the FTS only promises to create a service that allows them to independently recover lost or faded checks with the help of a state database, but the existing innovations, whether new duties of sellers or a mobile application for checking checks, are already making online shopping more civilized and safer for buyers.
What other things worth knowing about the new edition of the 54-FZ - under the cut.
1. Check - transaction guarantee
For a long time, the federal law “On the use of cash registers” did not, in fact, take into account the specifics of distance selling and conducting settlements via the Internet. So, according to him, the sellers were required to issue a cashier’s check to the buyer within five minutes after the printout. Obviously, in the case of online trading, this requirement is almost impossible.
')
Stores either sent for courier money with a portable cashier, or violated the law by sending a printed receipt with the goods or without giving it to the buyer at all.
In some cases, it was a necessary measure. For example, selling license keys or access to a film in an online cinema vendor does not receive an address to which a paper check could be sent.
In others, retailers avoided issuing documents in order not to pay sales taxes.
Over time, non-issuance of checks in online trading has become a massive violation, which creates problems for more than just the tax authorities.
The buyer of an online store, when purchasing a product, in theory receives all those rights that are guaranteed by law to a customer of an ordinary outlet ( clause 5 of article 26.1 of the Consumer Protection Act ).
The Consumer Protection Act continues to be in effect if the check has not been issued or has been lost, but without a paper confirming the fact of the purchase, it is extremely difficult to realize and defend their rights.
In such cases, it is customary to involve witnesses in the case and refer to their testimony , only they are not found in online stores.
So, dissatisfied buyers who are left without a check are forced to notarize screenshots, copy correspondence, record calls to managers, and then prove the fact of making a purchase in court, and only then make demands. Not everyone is ready for such a long and complicated procedure, and there are no guarantees that the proceedings will be crowned with success.
Since July 1, 2017, it has become much easier to obtain confirmation of purchase from the online store
If the payment is made in cash or by payment card to the courier, you still have a paper receipt, which must be printed on site using a mobile cash terminal. ( Clause 4.3, Article 54 of the Federal Law ).
It is important to remember only that the courier may not be an employee of the online store. And the delivery service here acts as a paying agent, and it is on her behalf that the buyer is issued a check. Then it will be printed and details of the online store and courier service. The second similar exception is when a customer pays for a purchase at a Russian Post office.
In the case of payment for the goods remotely with a bank card or using an electronic payment service, from July 1, 2017, the store must send a check to an e-mail address or a free message to a cell phone number using SMS or, for example, a messenger or push notification. ( Clause 2, Article 1.2 54- ).
Not necessarily all the information will be contained in the SMS or e-mail. You may receive a link to the page with a check on the website of the operator of fiscal data serving the specific store.
However, all necessary information must be transferred. For non-issuance of a check in electronic form, article 14.5 of the Administrative Code provides for fines .
2. From the point of view of the law, an electronic receipt is similar to a paper one.
It has the same legal force and is a complete document confirming the purchase. It can be saved in any convenient format and, if necessary, printed, for example, to receive tax deductions. The main thing: do not make any changes to the check.
3. Electronic check is issued at the time of calculation
Cash voucher is, by definition , a document formed at the time of settlement between the seller and the buyer.
If the settlement is performed remotely using a bank card, the time when the issuing bank issued the check becomes the time when the issuing bank has approved the transaction.
For payment aggregators, a similar rule applies: a check is also generated at the time when the seller receives confirmation of payment.
How much time it will then take to transfer funds to the seller’s account, it does not matter if the check is sent to the buyer immediately. This means - whenever payment for the goods happens. At any time, day or night, whether it is five o'clock in the morning of Sunday or the evening of December 31.
Module with cash registers in DC ATOL
To do this, online stores have already purchased automatic cash registers or rented them in “box-office farms”, similar to the ATOL Online service.
4. Now you can know in advance all the details of the purchase.
The electronic check, as well as the usual one, contains the full list of goods and services included in the order and forming its final cost. There is also indicated the rate of value added tax. While the purchase is not delivered, it's time to review the list.
There are often cases when unexpected positions appear in checks. This may be more than what was stated at the beginning, the delivery charge, and lines like: “additional service”, “extended warranty”, “insurance”, “antivirus setting”.
In such a case, you should keep in mind that, as before, you can refuse at any time before and within seven days after delivery from the purchase in the online store.
5. Defending rights made easy
Previously, the first stage of the proceedings with an unscrupulous online store for the buyer was the preparation of a written claim, the search for the legal address of the owner and the sending of papers by mail. With the entry into force of the 54- amendments concerning online trading, the procedure has become simpler.
An electronic check, like a regular one, contains the details of the seller. These data will help you figure out who to make demands on and who to complain to the authorities, even if the seller’s website does not have the necessary information or it is not reliable. In addition, there is another, faster way of legal exposure to an unscrupulous store. Using the mobile application of the Federal Tax Service for Android and iOS will help to try on the role of a tax inspector.
Each buyer, by registering and filling out a short form, was able to send a complaint via the Internet to the seller who did not issue a check or issued it with violations.
Due to the fact that online stores, like regular ones, are now required to send information from cash desks to an automated revenue accounting system, the contents of the check can be checked.
The mobile application reads the QR-code from the check and verifies its contents with the tax service database. To send a complaint to the detected discrepancies, just one touch of the screen.
You can check the check for authenticity using web forms on the sites of fiscal data operators. Check validation pages vary in detail, but they have a general operating principle. The buyer enters the basic details of the check (information about the fiscal basis of the document, the amount of the payment, the number of the check, the number of the cash register) and receives official data on this sale.
Scanning a paper check, you get an electronic copy. It will remain in the memory of the smartphone. In the current version of the application, this functionality is not ideal from the point of view of usability, but it is possible to export data to pdf or JSON files, which are then easy to work with using standard applications. Thus, it became easier to account for expenses, and it is more difficult to lose a check.
For the time being, the FTS only promises to create a service that allows them to independently recover lost or faded checks with the help of a state database, but the existing innovations, whether new duties of sellers or a mobile application for checking checks, are already making online shopping more civilized and safer for buyers.
Source: https://habr.com/ru/post/343322/
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