The Supreme Court of Russia sided with Stanislav Anokhin, a resident of Volgograd, who, due to a technical failure in the TSUM mobile application, was able to buy luxury items 846 times cheaper than the real cost. This follows from the definition of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation.
According to the materials of the case, the Volgograd citizen found unusually low prices in the store’s app. In total, he bought 19 items – jackets, sweaters, shirts, jeans – at prices ranging from 19 to 129 rubles. The total amount of the order was 2,787 rubles. (the actual amount of the order exceeds 2.3 million rubles).
“Of course, I had no idea that this was a failure,” Stanislav Anokhin said in a conversation with V1.ru. “As it usually happens, we go to any site and buy what we like at the price that is today and now,” says Stanislav. – This is provided by law: there is a price – there are no notifications and alerts about a failure. Payment goes through. Why not order? Does anyone refuse promotional goods and profitable offers?
The money was debited from the account, confirmations from the store came to the mail and phone of the man. But he did not receive the purchase: the store notified about the impossibility of delivery and returned the money. Volgograd went to court and demanded to provide things, referring to the law on consumer protection.
“There was confidence that the law was working in our country,” Anokhin told Gazeta. — There is an opportunity to show that consumer rights exist not only on paper, but are actually executable. And it is worth protecting them by all available means.
Representatives of the store objected to the man’s demands, pointing out a failure – because of him, prices began to be reflected clearly disproportionate to the usual cost. The order was canceled, TSUM stated that it would transfer the goods only in case of additional payment to the full cost.
During the trial, three instances sided with the store, but the Supreme Court of the Russian Federation overturned their decisions.
“Price fixing occurs at the time of the conclusion of the contract between the buyer and the online store, which is determined by the moment the order is placed with the assignment of a number to it, which allows the consumer to receive information about the concluded retail sale contract and its conditions. The seller is not entitled to unilaterally change the price announced at the time of placing the order, ”the decision of the panel of judges says.
According to the judges of the Supreme Court of the Russian Federation, the announcement of the Central Department Store is an offer. The board sent the case for review to the court of first instance.
“Anokhin S.N. placed an order for goods and, having paid their cost, accepted an offer to conclude a sale and purchase agreement, that is, an agreement was concluded between the parties, in connection with which the seller of TsUM Trading House OJSC had an obligation to transfer the goods to the buyer, ”is specified in document.
“Of course, my story is interesting,” says Stanislav Anokhin. – But there is a goal here: to show that it is not necessary to violate the rights of consumers, you need to work in the legal field. And if you understand that you are violating someone’s rights, then you need to take measures to restore them, without waiting for the court. Regardless of the name of your company.”
Case in Ozon: prices from 1 ruble
A similar case in Russia occurred in November 2021 — as a result of a failure on the Ozon marketplace, prices for some goods fell several times — down to 1 ruble. Orders made at erroneous prices were then canceled and the money returned.
“It’s a shame that so many customers didn’t receive their products. And we are grateful that the majority reacted with understanding to the situation, ”wrote Ozon representatives in the company’s Telegram channel shortly after the failure.
The decision to cancel purchases was criticized by Rospotrebnadzor. The press service referred to a government decree, according to which a sales contract on the Internet is considered concluded in two situations. Either when the seller provides proof of payment or when the buyer provides a message of intent to enter into such an agreement.
“The sales rules do not provide for the possibility of terminating such an agreement,” the department said. – If the goods are ordered under the terms of a special promotion, then the seller must fulfill such an agreement. At the same time, we especially emphasize that the fact of payment for the goods does not play a significant role – the fact that the consumer reacted to the public offer of the seller is important in itself.
“The consumer has the right to count on him to purchase and receive the goods,” said Vladimir Khantimirov, managing partner of the Asterisk law firm, in a conversation with Kommersant FM. – It is impossible to unilaterally refuse a deal, at least Russian legislation does not know such a practice. When you sign a contract, you must fulfill it. If you do not do this, then you can force it to be executed and the goods be received, or you can try to recover damages.