Online Sale Bad Pelvic. Can IP trading with bass? Application of incorrect information

Personal data privacy policy

This Personal Data Privacy Policy (hereinafter - Privacy Policy) is valid for all information that EMT Consult website, (hereinafter - EMT Consult site) located on the domain name (as well as its subdomains), can receive a user during the use of the site ( as well as his subdomains), its programs and its products.

Definition of terms
1.1 In this Privacy Policy, the following terms are used:
1.1.1. "Site Administration" (hereinafter - administration) - Authorized employees on the management of the EMT Consult site operating on behalf of EMT Consult, which organize and (or) processing personal data, and also determines the purpose of processing personal data, the composition of personal data to be processed , actions (operations) committed with personal data.
1.1.2. "Personal data" - any information related to directly or indirectly defined, or a defined physical person (subject of personal data).
1.1.3. "Processing of personal data" - any action (operation) or a set of actions (operations) committed using automation tools or without the use of such funds with personal data, including the collection, recording, systematization, accumulation, storage, refinement (update, change), Extraction, use, transmission (distribution, provision, access), deletion, blocking, deletion, destruction of personal data.
1.1.4. "Privacy of personal data" is mandatory for compliance with the operator or other access to a personalifying person's requirement to prevent their dissemination without the consent of the personal data entity or the availability of a legal basis.
1.1.5. "The website of EMT Consult" is a set of interconnected web pages posted on the Internet at a unique address (URL): as well as its subdomains.
1.1.6. "Subdomains" are pages or a set of pages located on the third level domains belonging to the EMT Consult site, as well as other temporary pages, at the bottom that the administration contact information is indicated.
1.1.5. "EMT Consult Website User (hereinafter referred to as the user) - a person with access to the EMT Consult site, through the Internet and using the information, materials and products of the EMT Consult site.
1.1.7. Cookies is a small fragment of the data sent by the web server and the storage on a user's computer that the web client or the web browser sends each time a web server in the HTTP request when you try to open the page of the corresponding site.
1.1.8. "IP Address" is a unique network address of the node in a computer network, through which the user gets access to the EMT Consult site.
General provisions 2.1. Using the EMT Consult website, the user means consent to this Privacy Policy and the Conditions for Processing Personal Data User.
2.2. In case of disagreement with the terms of confidentiality policy, the user must stop using the EMT Consult website.
2.3. This Privacy Policy applies to the EMT Consult site. The EMT Consult site does not control and is not responsible for the websites of third parties to which the user can follow the links available on the website of EMT Consult.
2.4. The administration does not verify the accuracy of the personal data provided by the user.

Subject of privacy policy

3.1. This Privacy Policy establishes the obligations of the non-disclosure and provision of the Privacy Policy Privacy Regime that the User provides on the request of the administration when registering on the EMT Consult website, when subscribing to the information e-mail, the newsletter or when placing an order.
3.2. Personal data allowed for processing under this Privacy Policy are provided by the User by filling out forms on the EMT Consult website and include the following information:
3.2.1. Username;
3.2.2. user contact phone;
3.2.3. Email Address (E-Mail)
3.3. The EMT Consult website protects data that is automatically transmitted when visiting pages:
IP address
Information from cookies
Information about the browser
Access time
Referrer (address of the previous page).
3.3.1. Disabling cookies may entail the impossibility of accessing the parts of the site requiring authorization.
3.3.2. The EMT Consult website collects statistics on the IP addresses of its visitors. This information is used to prevent, identify and solve technical problems.
3.4. Any other personal information is non-revised above (the history of the visits used by browsers, operating systems, etc.) is subject to reliable storage and non-proliferation, except in cases provided for in P.P. 5.2. and 5.3. This Privacy Policy.

Personal Information Collection Options

4.1. Personal user administration can be used in order to:
4.1.1. Identification of a user registered on the EMT Consult website for its further authorization, ordering and other actions.
4.1.2. Providing a user with access to personalized data from EMT Consult.
4.1.3. Establishing a feedback user, including the direction of notifications, requests for the use of the EMT Consult website, providing services and processing requests and applications from the user.
4.1.4. Determining the location of the user to ensure safety, prevent fraud.
4.1.5. Confirmation of the accuracy and completeness of personal data provided by the user.
4.1.6. Account creation To use EMT Consult Websites, if the user agrees to create an account.
4.1.7. User notifications by email.
4.1.8. Providing an effective technical support to the user in case of problems associated with the use of the EMT Consult website.
4.1.9. Providing the user with his consent of special offers, price information, newsletters and other information on behalf of the company EMT Consult.
4.1.10. Implementation of promotional activities with the consent of the user.

Methods and timing processing of personal information

5.1. The processing of personal data of the user is carried out without limitation of the term, any legitimate method, including in personal data information systems using automation tools or without the use of such funds.
5.2. The User agrees that the administration has the right to transfer personal data to third parties, in particular, by courier services, postal organizations (including electronic), telecommunication operators, exclusively in order to fulfill the user's order executed on the EMT Consult website, including the delivery of goods , documentation or e-mail messages.
5.3. Personal data of the user can be transferred to the authorized state authorities of the Russian Federation only on the grounds and in the manner prescribed by the legislation of the Russian Federation.
5.4. With the loss or disclosure of personal data, the Administration has the right to not inform the user about the loss or disclosure of personal data.
5.5. The administration takes the necessary organizational and technical measures to protect personal information from unlawful or accidental access, destruction, changes, blocking, copying, distribution, as well as other illegal actions of third parties.
5.6. The administration, together with the user, takes all the necessary measures to prevent damages or other negative consequences caused by the loss or disclosure of the personal data of the user.

Rights and obligations of the parties

6.1. The user has the right:
6.1.1. To make a free decision on the provision of its personal data necessary to use the EMT Consult website, and agree on their processing.
6.1.2. Update, add information about personal data in case of changes in this information.
6.1.3. The user has the right to receive information from the administration relating to the processing of its personal data, if such a right is not limited in accordance with federal laws. The user has the right to demand from the administration to clarify its personal data, their blocking or destruction if personal data are incomplete, outdated, inaccurate, illegally obtained or are not necessary for the declared processing goal, as well as to make measures provided for by law to protect their rights.
6.2. The administration is required:
6.2.1. Use the obtained information solely for the purposes specified in paragraph 4 of this Privacy Policy.
6.2.2. To ensure the storage of confidential information in secret, not to disclose without prior written permission of the user, and not to sell, exchange, publish, or disclosure in other possible ways of transmitted personal data of the user, except for P.P. 5.2 and 5.3. This Privacy Policy.
6.2.3. Take precautions to protect the privacy of personal data of the user according to the order commonly used to protect this kind of information in the existing business trap.
6.2.4. To block personal data related to the appropriate user, from the moment of handling or requesting a user, or its legal representative or an authorized body to protect the rights of personal data subjects for the period of verification, in case of unreliable personal data or unlawful actions.

Responsibility of side

7.1. The administration that did not fulfill its obligations is responsible for the losses incurred by the user in connection with the unlawful use of personal data, in accordance with the legislation of the Russian Federation, with the exception of cases provided for by PP 5.2., 5.3. and 7.2. This Privacy Policy.
7.2. In case of loss or disclosure of confidential information, the Administration is not responsible if this confidential information:
7.2.1. I became public domain before her loss or disclosure.
7.2.2. It was obtained from the third party until it received the administration of the resource.
7.2.3. It was disclosed with the consent of the user.
7.3. The user is fully responsible for complying with the requirements of the legislation of the Russian Federation, including advertising laws, the protection of copyright and related rights, the protection of trademarks and service signs, but not limited to the listed, including full responsibility for the content and form of materials.
7.4. The user acknowledges that responsibility for any information (including, but not limited to: files with data, texts, etc.), to which it can have access to as part of the EMT Consult site, the person who has provided such information bears.
7.5. The User agrees that the information provided to him as part of the EMT Consult website may be an intellectual property object, the rights to which are protected and belong to other users, partners or advertisers who place such information on the EMT Consult website.
The user is not entitled to make changes, transferred, transmit on loan conditions, to sell, distribute or create derivative works based on such a content (fully or in part), except in cases where such actions were written directly allowed by the owners of such a content in accordance with Conditions of a separate agreement.
7.6. In the ratio of text materials (articles, publications in free public access on the website of the EMT Consult), their distribution is allowed, provided that the EMT Consult site will be given.
7.7. The administration is not responsible for the user for any loss or damage incurred by the user as a result of deletion, failure or inability to maintain any content and other communication data contained on the website of EMT Consult or transmitted through it.
7.8. The administration is not responsible for any direct or indirect losses that occurred due to: use or the impossibility of using the site or individual services; unauthorized access to user communications; Applications or behavior of any third party on the site.
7.9. The administration is not responsible for any information posted by the user on the website of EMT Consult, including, but not limited to: copyright information without direct consent of the copyright owner.

Resolution disputes

8.1. Prior to appeal to the court with a claim on disputes arising from the relationship between the user and the administration, it is obligatory to present a claim (written supply or electronic proposal to the voluntary settlement of the dispute).
8.2. The recipient of the claim within 30 calendar days from the date of receipt of the claim, writing or electronically notifies the applicant's claim on the results of the consideration of the claim.
8.3. If an agreement is not achieving an agreement, the dispute will be transferred to the Arbitration Court of Moscow.
8.4. The current legislation of the Russian Federation is applied to this Privacy Policy and Relations between the User and Administration.

Additional conditions

9.1. The administration is entitled to make changes to this Privacy Policy without the consent of the user.
9.2. A new privacy policy shall enter into force on its placement on the website of EMT Consult, unless otherwise provided by the new editorship of the Privacy Policy.
9.3. All offers or questions regarding this Privacy Policy should be reported at: [Email Protected]website
9.4. The current privacy policy is posted on the page at
Updated: August 28, 2018

In accordance with Russian federal laws in the country, some industries are allowed to produce and implement biologically active additives. These are not medicinal products, therefore, the requirements for them are completely different. Under the Bad, the active substance used with food is understood.

The dietary supplement is used exclusively with food products, when registering the IP, you can get a minority about the effective action of the additive. Before registration, the safety of the substance is necessarily checked, for this purpose is appointed. If it is planned to resale funds, then it does not need to take care of this, all the necessary documents draw up a producer of the Bada.

Additional actions

Like any entrepreneurial activity, the sale of IP Balds should be carried out only after the registration and receipt of the relevant documentation in the tax. Moreover, each product is obliged to pass through SanPiN 2.3.2.1290-03, according to which it can be trading in a commodity, not only SP, in the list of pharmacies, the kiosks pharmacy and even a food store.

In the remaining cases, the implementation of the bodies is considered illegal. That is, to sell at home the product is strictly forbidden, however, how to deliver it by a courier, to implement a doctor in the office through an online store and so on. In accordance with FZ No. 36 of the doctor, they cannot prescribe a means as the main drug, because it is in its essence and is not.

What is bad and the truth about him

Even if the goods apply to a qualitatively organized room in accordance with the law, it cannot be advertised from the position that it is able to be represented with any problems and may be a panacea from all problems. The drug does not possess healing properties, but only is the active additive to food.

Inside, as a rule, simple dried herbs, different applications, fees. In drugs, chemically active substances are more often acting in the main components, they have an intense effect on the hearth disease. There will be no significant effect on the reception of the Bada.

The number of goods in the market

To date, about 7 thousand different bodies names are registered on the market. The number of distributors is also increasing, but to a greater extent this business is not legal. Entrepreneurs do not want to work in the context of modern legislation and supply the product by courier through the Internet portal.

In fact, there is nothing complicated in organizing legal activities. The list of documents and the procedure for registration is no worse than when organizing any other business.

Unfortunately, most even legal sellers continue to deceive buyers and argue that their funds contribute to improved health and is able to replace even drug drugs. For such actions, the legislation punishes sellers, it literally sounds like this:
Production, storage, transportation for sales or marketing for falsified drugs - are punished with a fine in the amount of up to five hundred thousand rubles or in the amount of wages or other income of the convict for the period up to three years, or restricting freedom for a period of two to four years, or imprisonment for up to four years.

Production, storage, transportation for sale or sales of falsified biologically active additives, including under the guise of drugs, are punished with a fine in the amount of up to four hundred thousand rubles or in the amount of wages or other income of the convict for the period up to three years, or the restriction of freedom For a period of two to three years, or imprisonment for up to three years.

Application of incorrect information

No need to invent a clinic or a specialized center in order to sell dietary supplements. For this, today it is quite enough to make an IP and work within the framework of the law, so that you will not face fairly serious problems.

Recently, the government has tightened the punishment for non-compliance with the norms, and all because several thousand people died from the use of not high-quality bodies and this amount begins to increase. There is no need to create ooo, it will be needed only if the entrepreneur wants to create several points.

For the distribution of the drug as an expensive means as a medication, you will simply deprive activities and will be imprisoned on a fairly impressive number of years.

OKVED codes

Among the main OKVED codes, which should be indicated in the organization of entrepreneurship for the spread of bodies:

Related Materials

If the leadership of the pharmacy decided to sell biologically active additives (bid), it is necessary to determine if an additional license is needed.

And what if such substances of the pharmacy sell, using the services of a commissioner who has no permission to conduct pharmaceutical activities? We will answer these questions, as well as tell about the conditions that must be observed when selling the bid.

Do you need a pharmacy license?

In accordance with the legislation, licensing is subject to pharmaceutical activities. It includes wholesale, retail drug trading and their manufacture. The foundation is subparagraph 47 of paragraph 1 of Article 17 of the Federal Law of August 8, 2001 No. 128-FZ, paragraph 1 of the Regulations on the licensing of pharmaceutical activities.

At the same time, the dietary supplements are natural (identical to natural) biologically active substances - are intended for use simultaneously with food or introduction into the composition of food. This is stated in Article 1 of the Federal Law of January 2, 2000 No. 29-FZ "On the quality and safety of food products".

Thus, dietary supplements do not belong. And in accordance with Law No. 128-FZ, their production and sale are not subject to licensing. That is, it is not required to implement a special permission.

Terms of sale of biologically active additives

When implementing bars for each type of additive, a sanitary and epidemiological conclusion should be obtained. After all, the substance must comply with state sanitary and epidemiological rules and regulations. The base is paragraph 7.4.6 SanPine 2.3.2.1290-03, approved by the head of the Russian Sanitary Corporation on April 17, 2003. In addition, the characteristics of biologically active additives, requirements for them, as well as criteria and methods for determining their safety are given in Methodical indications of MUK 2.3.2.721-98.

Thus, organizations that implement biologically active additives are required to ensure the terms of sale in accordance with the regulations coordinated during registration.

At the same time, in addition to the required requirements for the sale of dietary supplies, the following are established. It is not allowed to implement biologically active additives to food:

Without certificate of quality;
- with an expired shelf life;
- in the absence of proper implementation conditions;
- without information on the compulsory registration of biologically active additives;
- without a label, as well as in the case when information on the label does not correspond to information agreed upon with the registracy;
- identify which is not possible.

Please note: in paragraph 7.4.6 SanPine 2.3.2.1290-03, another condition is indicated that the organization must comply with the sale of biologically active additives. On the label of each of them there should be information applied in accordance with the requirements of the current legislation.

Who can sell dietary supplements?

Retail sale of biologically active additives is possible through:

Pharmacy institutions (pharmacies, pharmacy stores and kiosks, etc.);
- special stores for the sale of diet products;
- Food stores (special departments).

This is said in paragraph 7.4.1 Sanpin 2.3.2.1290-03.

So, it is clear that, for example, I don't need a shopping license for the maintenance of pharmaceutical activity.

After all, they do not sell drugs and do not make them.

At the same time, the store can act as a commissioner if the pharmacy concludes a contract with him. So, he is entitled to sell biologically active additives without any special permission (license).

Not all goods can be sold by remote method.

There are certain limitations - a letter of Rospotrebnadzor of October 12, 2007 N 0100 / "On the control over compliance with the rules for sale of goods by remote method" explains:

... It also should be noted that paragraph 5 of the rules for the sale of certain types of goods have been introduced by restrictions, according to which the remote sale of alcoholic beverages, as well as other goods, the free realization of which is prohibited or limited by the legislation of the Russian Federation. Taking into account this circumstance, it follows, in particular, to keep in mind that the limitations imposed by this paragraph rules are also distributed in general and for the sale of tobacco products, since the regulation of activities on their retail sale is carried out by the Federal Law of July 10, 2001 N 87-FZ " About the restriction of smoking tobacco "... This also applies to biologically active additives (BAA).

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Decree of the Government of the Russian Federation of September 27, 2007 No. 612 approved the rules for the sale of goods by remote method (hereinafter referred to as Rules).

In paragraph 5 of the Rules, a ban on selling a remote method of alcohol products, as well as goods, the free realization of which is prohibited or limited by the legislation of the Russian Federation.

In particular, paragraph 1 and 2 of Art. 32 of the Federal Law of 22.06.1998 N 86-ФЗ "On Medicines" found that retail trade in medicines is carried out by pharmaceutical institutions. Retail sale of only drugs registered in the Russian Federation.

Drugs released by a doctor's recipe are only subject to pharmacies, pharmaceutical points. Drugs released without a doctor's prescription can also be sold in pharmacy stores and pharmaceutical kiosks.

Decree of the President of the Russian Federation dated 22.02.1992 N 179 approved the list of types of products and waste of production, which is prohibited free. This list includes, in particular, drugs, with the exception of medicinal herbs.

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In addition, in paragraph 3 of Rospotrebnadzor's letters of 08.04.2005 N 0100 / "On the suppression of offenses at the remote product of the sale of goods" (this letter has been published before entering into force), it has been established that for business entities, carrying out or wishing to retail goods remotely, is mandatory compliance with the relevant standards enshrined in para. 2 p. 4 rules for the sale of individual types of goods approved by the Decree of the Government of the Russian Federation dated 19.01.1998 N 55, not allowing the sale of food products outside of stationary places (with the exception of ice cream, soft drinks and beers, confectionery and bakery products in the packaging of the manufacturer of goods), Drugs, products made of precious metals and precious stones, weapons and cartridges to it, copies of audiovisual works and phonograms.

According to clause 7.4.1 Sanpin 2.3.2. "Hygienic requirements for the organization of production and turnover of biologically active additives to food (BAA)" (approved by the head of the Russian Federation of the Russian Federation 17.04.2003) (hereinafter - Sanpin 2.3.2.) Retail Bad trade is carried out through pharmacy institutions (pharmacies, pharmacy stores, pharmaceutical kiosks and others), specialty stores selling diet products, food stores (special departments, sections, kiosks).

At the same time, according to the Resolution of the Chief State Sanitary Doctor of the Russian Federation of 20.05.2009 No. 36 "On the supervision of biologically active additives to food (BAA)" Retail trade outside of established p. 7.4.1 SanPine 2.3.2. Positions, including by remote Sales and sales through distributors is a violation of sanitary and epidemiological requirements.

Thus, the sale of medicines and biologically active additives remote method is not allowed. This position is confirmed by judicial practice (see, for example, the Resolution of the FAS of the North-West District of 07.05.2009 N A / 2008).

The law is prohibited - the sale of dietary supplements in online stores.

Looks like Farm Concern began to lose good profits ... began to actively lobby their interests.

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"We got to homeopathy," serious attacks began to alternative health and dietary testing.

The law is prohibited by remote sale of dietary supplements (selling through online stores).

For not observance, the big fine is imposed!

What is the output for the owners of the Internet shops: please replace the word badge to other all sorts of phrases:

wellness products,
vitamins
functional food products,
nutraceticism
parapharmaceuticals ...

Friends, do not forget that many of our Russians are still watching TV, where nothing good about the bad phones say ....

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The State Duma, also looks short to Badam (and in many respects, not unreasonable).

I think you will agree with me that the available questions to many bid manufacturers and false diagnostacles are quite unfounded.

Many financial pyramids are conspited for legal companies producing dietial equipment (there is a review on the site some of them).

It is possible to "charge" water and sell gullible water bottle of water for several hundred rubles each ... So, it also happens (link)!

All these facts, including, thanks to the media, of course, create a negative image around the bid.

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... It also should be noted that paragraph 5 of the rules for the sale of certain types of goods have been introduced by restrictions, according to which the remote sale of alcoholic beverages, as well as other goods, the free realization of which is prohibited or limited by the legislation of the Russian Federation. Taking into account this circumstance, in particular, it should be borne in mind that the restrictions imposed by this paragraph rules are also distributed in general and for the sale of tobacco products, since the regulation of activities on their retail sale is carried out by the Federal Law of July 10, 2001 N 87-FZ " On the restriction of tobacco smoking "... this concerns both biologically active additives (BAA) ...

This means that the online store selling a dietary supplement or even an advertisement with a hotline telephone, which can be ordered to order dietary supplements.

Quite often come complaints about this method of sale. And if the offended client remained evidence of the remote sale of the BAA acquired by him, you can easily prove a violation. After consideration, information about such activities is sent to Rospotrebnadzor and the federal antimonopoly service to curb illegal activities.

And, because according to experts, by the 2020th year, the volume of the BAD-OB market will overstep the line of 100 billion rubles, many "servants of the people" will want to "join" to the supervision of this market ...

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On the remote sale of biologically active additives

Quite often in the media, a magical drug advertising (advertising is information common in any way, in any form and using any means addressed to an uncertain circle of persons and aimed at drawing attention to the advertising object, forming or maintaining interest in it and His market promotion). Advertising, as a rule, it is argued that the goods have special medicinal properties, the phone and address of the organization in which this product could be purchased. Many consumers after such an advertisement rush to order a miraculous product. However, in order not to be deceived, it is necessary to remember, the advertised product may be simply a biologically active additive (hereinafter referred to as BAA). The implementation of the latter is prohibited by a remote method on the basis of paragraph 5 of the rules for sale of goods by a remote method, approved by the Decree of the Government of the Russian Federation of September 27, 2007 No. 612 (hereinafter referred to as Regulation No. 612).

Clause 7.4.1. SanPiN 2.3.2. "Hygiene requirements for the organization of production and turnover of biologically active additives to food (BAA)" found that "Retail Bad retail trade is carried out through pharmacy institutions (pharmacies, pharmacy stores, pharmaceutical kiosks, etc.), specialty stores selling Dietary products, food stores (special departments, sections, kiosks). "

Sale of Balds remote way, i.e. After the consultation and placement of the order on the telephone numbers specified in the advertisement in the media (newspapers, on radio and television), with the delivery of goods to consumers by courier - is a violation of the above legislation.

In accordance with the provision enshrined in Art. 12 of the Law "On Protection of Consumer Rights", if the consumer is not given the opportunity to immediately obtain, when concluding a contract, reliable information about the product (work, service), it has the right to refuse to fulfill the contract and demand the return of the amount paid for the goods and demand from the seller ( performer) damages.

Since the dietary supplement was purchased under a sales contract with a remote way, i.e. In violation of the established procedure, according to the general rule, such an agreement should be terminated, and the parties are shown in the initial position.

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Art. 22 of the law "On the Protection of Consumer Rights" The term of execution of the consumer's claim on the return of the payment paid for the goods is limited to ten days. The size of the penalty (penalties) for the delay in fulfilling the requirements of the consumer is set in the amount of 1% for each day of delay.

Consequently, the consumer may terminate the contract of sale of the BAA and recover from the seller to its favor, not only the cash paid for the BAA, but also a penalty in the amount suffered by damages.

In the event of a seller's refusal of the execution of legal requirements, the consumer has the right to apply to the court and, in addition to the above, require more compensation for moral damage, as well as ask the court to recover from the defendant in its favor a fine of 50% awarded amount.

In addition, the consumer may complain about illegal advertising of BAA to the Office of the Federal Antimonopoly Service in the Tver Region at the address: ul. Sovetskaya, d.23, Tver,

(c) Office of the Federal Service for Supervision in the Sector of Consumer Rights and Human Well Balance in the Tver Region,

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If you did not find the necessary information, try to enter the old version of the site.

Address:, Tver, ul. Darwin, d. 17

Tel.: +7 (4, fax: +7 (4

Sale of bades via the Internet

Good day! Tell me, please, are the sale of the Bad and Vitamins now allowed through the online store? Is it legal?

Answers of Lawyers (2)

Free Legal Advice:

SanPiN 2.3.2. "Hygienic requirements for the organization of production and turnover of biologically active additives to food (BAA)" allow the retail sale of the BAA only through pharmacy institutions (pharmacies, pharmacy stores, pharmaceutical kiosks and others), specialty stores selling diet products, food products Shops (special departments, sections, kiosks). Therefore, the digestive database distributors, couriers, doctors or other medical workers, firms and organizations, online stores, through the order by phone and with the help of other remote methods is illegal. According to the Resolution of the Chief State Sanitary Doctor of the Russian Federation of May 20, 2009, N 36 are illegal and the facts of appointing dietary databases under the guise of drugs.

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Alena, good evening!

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2. Introducing the place of goods at the place of sale (on the counters, in the shop windows, etc.), the demonstration of their samples or the provision of information about the goods sold (descriptions, catalogs, photographs of goods, etc.) in the place of their sales is recognized as a public offer independently From whether the price and other essential terms of the retail sales contract are indicated, except in the case when the seller clearly determined that the relevant goods are not intended for sale.

Article 497. Sale of goods on samples and remote method for selling goods

1. The retail sales contract can be concluded on the basis of familiarization of the buyer with a model of goods proposed by the seller and the goods exposed in the place of sale (selling goods in samples).

2. The retail sales contract can be concluded on the basis of the buyer's review with the description of the goods proposed by the Seller through catalogs, prospectuses, booklets, photographs, communications (television, postal, radio communications and other) or in other ways, eliminating the possibility of directly familiarizing the consumer with the goods Either a model of the goods at the conclusion of such a contract (remote method for selling goods).

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3. Unless otherwise provided by law, other legal acts or contract, the retail sale and sale agreement for samples or the retail sales contract concluded by the remote product of the sale of goods is considered to be executed since the delivery of goods in the place specified in such a contract, and If the place of transfer of goods is not determined by such a contract, from the moment the goods are delivered at the place of residence of the buyer-citizen or the location of the buyer - a legal entity.

4. Unless otherwise provided by law, before the transfer of goods, the buyer has the right to refuse to fulfill any retail sales contract specified in paragraph 3 of this article, subject to compensation for the seller of the necessary expenses incurred in connection with the actions of the Agreement. "

Sale over the Internet is a purchase and sale by remote method (497 of the Civil Code of the Russian Federation). Decree of the Government of the Russian Federation dated September 27, 2007 No. 612 approved the rules for the sale of goods by remote method. By studying these rules and the requirements of SanPiN 2.3.2.Gigienic requirements for the organization of production and turnover of biologically active additives to food (BAA), it is necessary to carry out legal activities for the sale of dietary supplements without Search "Lases".

Sincerely, Tatiana.

Looking for an answer?

Ask a lawyer easier!

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Ask a question to our lawyers - it is much faster than to look for a decision.

Sale of bades via the Internet

Please turn off Adblock.

The strength is - the mind is even more necessary ..

Cheap cloudlinux hosting many sites in Russia, France, Ukraine, Germany, Netherlands, USA, Canada.

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SSL certificate free and pre-installed for all domains

2) for each product - lending with articles again.

Yandex requires permits and warranty letters.

After the site alterations under the demands of Google, the essence of many sales phrases is lost and even after that - Google with a creak misses search queries with terms from medical topics, for example, agent, tablets, preparation, etc. and requires certain lines in the ad text. And Yandex rolls out many search queries due to: "The keywords do not correspond to the subject announcement", the full list here: https://yandex.ru/support/direct-lig. ds.xml? lang \u003d ru

Free Legal Advice:

Running the Badam Company It is necessary to spend a lot of money for busting a pile of requests, of which the few and which give profit. And then not for all themes.

Soc. Networks, tizers, banners, multimedia advertising - all tried, some minus. Profit we receive only on the context of Google and Yandex.

According to some Badam, they work better, in terms of conversion, Landingi, in other - multi-page sites or shops - guess is not possible only experimentally.

The seasonal factor is also present on certain topics, for example, weight loss.

As for prohibiting remote trade in Badami. Do not know. Everything works and sold.

Free Legal Advice:

Officially sell dietary supplements can only pharmacies and shops

In the Russian Federation, the production, distribution and use of drugs and biologically active additives to food (BAA) is legally allowed.

BAA is "natural (identical natural) biologically active substances intended for use simultaneously with food or introducing into the composition of food products" (Article 1 of the Federal Law "On the quality and safety of food products" from 02.01.2000 N 29-ФЗ).

According to this definition, the dietary supplements relate to food products, and therefore are not drugs. In addition, the presence of evidence of the effectiveness of the BAA in their registration is not a necessary requirement - only their safety is checked before registration.

Free Legal Advice:

SanPiN 2.3.2. "Hygienic requirements for the organization of production and turnover of biologically active additives to food (BAA)" allow the retail sale of the BAA only through pharmacy institutions (pharmacies, pharmacy stores, pharmaceutical kiosks and others), specialized stores selling diet products, food food Shops (special departments, sections, kiosks). Therefore, the digestive database distributors, couriers, doctors or other medical workers, firms and organizations, online stores, through the order by phone and with the help of other remote methods is illegal. According to the Resolution of the Chief State Sanitary Doctor of the Russian Federation of May 20, 2009, N 36 are illegal and the facts of appointing dietary databases under the guise of drugs.

In addition, even with the legal distribution of dietary supplies through pharmacies and shops, according to the legislation, the BAA advertising should not create the impression that they are drugs and (or) have therapeutic properties. Nevertheless, a number of dietary dubbeds with a fairly simple composition (dried garlic, rearrangement of blueberries, gelatin, ascorbic acid, etc.) are positioned in advertising as a means from serious diseases.

Currently, 7.5 thousand biologically active additives are registered in the Russian Federation.

Recently, in the country, cases of attempts of individual citizens and organizations, leading illegal activities on the proliferation of dietary supplies under the guise of drugs, see the officials of Rospotrebnadzor or other authorized representatives of state bodies. In this regard, the Office of Rospotrebnadzor in the Kirov region informs that such facts are intentional to misleading citizens in order to establish their cash through the abuse of confidence (fraud).

Often, the "Sellers" of the dietary supplements are misleading citizens, stating that the sale is carried out under agreements with health authorities and government bodies and buyers are relying a certain cost compensation for the acquisition of BAA from these "sellers".

Free Legal Advice:

In connection with the above, the acquisition by citizens of BAA in these sellers is not a transaction regulated by the Law of the Russian Federation "On Protection of Consumer Rights".

Identification and suppression of similar purposeful, obviously illegal, and in essence, fraudulent actions - the competence of exclusively law enforcement agencies.

Often, the "sellers" of Bad use for their "activities" the fictitious addresses of the fictional clinics, medical centers, etc., which greatly makes it difficult to establish their real location and identification.

Rospotrebnadzor is not endowed with the authority to conduct operational search activities, therefore, to establish who acts as "sellers" of the BAA in the situations described, to produce control purchases, etc. Can only authorized law enforcement agencies.

Based on this, the Office of Rospotrebnadzor recommends the deceived citizens to send relevant statements to the internal affairs bodies or the prosecutor's office with the application of all available documented materials concerning the circumstances of the acquisition of DMA among the relevant persons to take adequate response measures.

kirov, ul. Krasnoarmeyskaya, 45, tel.: ((Around the clock), fax:.

Remote Method for Sales Bad

# 1 expert

Further, we will refer to various articles of certain regulatory acts, namely: "Rules for the sale of goods by remote method" (approved by the Decree of the Government of the Russian Federation of September 27, 2007) - Next Rules; The Law of the Russian Federation of February 7, 1992 No. "On Protection of Consumer Rights" - Next Law; Civil Code of the Russian Federation - Further, the Civil Code of the Russian Federation; Law of the Russian Federation of March 13, 2006 No. 38-FZ "On Advertising".

"Sale of goods by remote method" - sale of goods under the retail sales contract, concluded on the basis of the acquaintance of the buyer with the description of the goods proposed by the Seller, contained in catalogs, prospects, booklets or presented on photographs or through communications, or other methods that exclude the possibility of directly Familiarize the buyer with a commodity or a model of the goods when concluding such a contract.

The consumer does not have the opportunity to familiarize themselves with the product itself, nor with a model of goods before receiving it. Familiarization occurs solely with the help of communicative tools, such as catalogs, postal rates, advertisements, telephone, television, video text, audioxthext, CD ROM, Internet, or any other (interactive) communication method, and when the consumer has the ability to receive information about the commercial offer And make an order using various channels for disseminating information using one or more previously mentioned communication methods, including interactive.

The information posted on the online store website, in the print catalog, on television or otherwise, the above method may well be regarded as the public offer of goods with all the proposals of obligations. Civil Code of the Russian Federation:

Article 494. Public Offer Goods

1. The proposal of goods in his advertising, catalogs and descriptions of goods facing an indefinite circle of persons is recognized as a public offer (paragraph 2 of Article 437), if it contains all the essential terms of the retail sales contract.

This is confirmed by the point of rules:

P. 12. The proposal of the goods in its description, facing an indefinite circle of persons, is recognized as a public offer if it is sufficiently determined and contains all the essential terms of the contract.

The seller is obliged to conclude an agreement with any person who expressed the intention to acquire the product proposed in its description.

Based on such an offer to the Buyer, an acceptance may be declared, that is, the consent to conclude a sales contract within the presented conditions. This is, for example, filling out the order form on the site, phone call to the seller for placement of the order or other proposed by the seller method.

1. The acceptance of the person to whom the offer is addressed to the acceptance of its adoption.

From the moment the buyer declared an acceptance, sales contract during a distance selling can be considered prisoner. Moreover, from this moment, according to the rules for the sale of goods by remote method:

P. 20. The contract is considered concluded from the moment the seller is issued by the seller to the buyer of the cash or commodity check or other document confirming the payment of the goods, or from the moment the seller is received by the seller about the buyer's intention to purchase goods.

It should be noted that after the consumer declares the acquisition of the goods, and the seller confirmed the order, the seller is not entitled to change the terms of the contract - that is, to change the price or acquisition conditions. If the conditions are changed, the consumer has the right to insist on concluding an agreement on presented initially. These are the rules of a public contract concluded on the basis of a public offer.

P. 8. The seller must prior to the conclusion of the retail sales contract (hereinafter referred to as the contract) to provide the buyer with information about the main consumer properties of the goods and the address (location) of the seller, about the place of manufacture of goods, the full company name (name) of the seller, and the price and price On the conditions of acquiring goods, about its delivery, service life, expiration date and warranty period, on the procedure for payment of goods, as well as the term during which the proposal for concluding the contract is applicable.

P. 9. The seller at the time of delivery of goods is obliged to bring to the attention of the buyer in writing the following information (for imported goods - in Russian):

a) the name of the technical regulation or other designation established by the legislation of the Russian Federation on technical regulation and indicating the mandatory confirmation of the compliance of the goods;

b) information about the main consumer properties of goods (works, services), and in relation to food - information about the composition (including the name of food additives used in the process of food, biologically active additives, information about the presence of components received with the use of genetically engineering-modified organisms), nutritional value, appointment, on the conditions of application and storage of food, about the methods of making ready-made dishes, weight (volume), date and place of manufacture and packaging (packaging) food, as well as information about contraindications for their use in individual diseases;

c) the price in rubles and the conditions for acquiring goods (performance, service provision);

d) information about the warranty period, if installed;

e) the rules and conditions for the effective and safe use of goods;

e) information on the service life or the shelf life of goods, as well as information on the necessary consumer actions after the specified deadlines and possible consequences in case of failure to fulfill such actions, if the goods after the specified times are dangerous for the life, health and property of the buyer or become unsuitable for use by appointment;

g) address (location), full proprietary name (name) of the seller;

h) information on compulsory confirmation of the compliance of goods (services) with mandatory requirements ensuring their safety for life, the health of the buyer, the environment and the prevention of harm to the buyer's property in accordance with the legislation of the Russian Federation;

and) information on the rules for the sale of goods (performance, service provision);

k) information about a specific person who will perform work (provide a service) and information about it, if it matters based on the nature of the work (services);

l) information provided for in paragraphs 21 and 32 of these Rules.

P. 10. If the buyer purchased by the Buyer was in use or there was a deficiency (shortcomings), the buyer should be provided with information about it.

P. 11. Product information is brought to the attention of the buyer in the technical documentation attached to the goods, on labels, by applying marking or otherwise adopted for certain types of goods.

Information on the mandatory confirmation of the compliance of goods is submitted in the manner and methods that are established by the legislation of the Russian Federation on technical regulation, and include information about the document confirming such compliance, about the term of its action and the organization, which issued it.

Special attention must be paid to the presence of information about the seller. If the proposal or when delivery of the goods does not specify the company name of the seller, as well as its address, and only the contact numbers are indicated, then it is worth refraining from the purchase. Otherwise, if it becomes necessary to return, exchange goods or present an advertisection on a lack, the consumer simply will not know where to apply and make a claim with its requirement. Thus, the advertising law contains the norm on the provision of information at remote trade:

In advertising of goods at a distance of their sales, information about the seller of such goods should be specified: the name, location and the State Registration Number of the entry on the creation of a legal entity; Surname, name, patronymic, the main state registration number of the entry on state registration of an individual as an individual entrepreneur.

When selling technically complex products, the Buyer must be provided with additional information about the product according to the rules:

Non-compliance with the provision of information entails the seller administrative responsibility, namely, non-compliance with the sellers of the above points of rules can serve as a basis for their attraction to administrative responsibility under Part 1 of Art. 14.8 of the Code of Administrative Offenses of the Russian Federation (violation of the right of the consumer to obtain the necessary and reliable information about the product being sold, the manufacturer, the seller), according to Art. 14.7 of the Code of Administrative Offenses of the Russian Federation (Introduction to the Consumer Properties and Product Quality), and in the latter case, under Part 2 of Art. 14.8 of the Administrative Code of the Russian Federation (the inclusion in the agreement of the retail sales of the conditions that infringe the rights of consumers).

Since the transfer of goods sold by the remote way is carried out, as a rule, at the location of the buyer, it is necessary to pay attention to the proposed delivery conditions defined by the rules:

P. 15. Buyer's offer to send goods by mail to "to demand" can be accepted only with the consent of the Seller.

P. 26. The delivered goods are transferred to the buyer at his place of residence or other address specified by them, and in the absence of a buyer - any person who presented a receipt or other document confirming the conclusion of the contract or the delivery of goods.

Delivery of goods can be charged by the seller to third parties - couriers, postal service, special delivery service.

P. 22. To deliver goods to the place specified by the Buyer, the Seller can use third-party services (with mandatory informing of the buyer).

But if the shipping was not made by your fault, the seller is entitled to demand for re-delivery additional payment.

P. 24. In the event that the delivery of goods is made in the terms established by the contract, but the goods were not transferred to the buyer for its fault, the subsequent delivery is made in new terms agreed with the seller, after re-payment by the buyer of the cost of delivery services.

The deadline for the transfer of goods may be specified in the contract and is regulated by the following item of the Rules.

P. 23. The seller is obliged to transfer the goods to the buyer in the manner and deadlines that are established in the contract.

If the contract is not defined in the contract and there is no possibility to determine this period, the goods must be transferred by the Seller within a reasonable time.

The obligation not fulfilled within a reasonable time, the Seller must fulfill the requirements for its execution within 7 days from the date of presentation by the Buyer.

For violation by the seller of the timelines for the transfer of goods to the buyer, the seller is responsible in accordance with the civil law of the Russian Federation.

If the goods were paid before, the responsibility for not the transfer of goods within the prescribed period, the Seller will be carried out by law on the protection of consumer rights.

Article 23.1. Consequences of violation by the seller of the transfer period of pre-paid goods to the consumer

3. In case of violation of the established purchase and sale agreement, the seller pays for the consumer to the consumer pays to him for each day of delay a penalty (penalties) in the amount of half a percentage of the preliminary payment amount.

The penalties (penalties) accumulates from the day when, under the contract of sale and sale, the transfer of goods to the consumer was to be implemented, until the day of the goods transfer to the consumer or until the date of satisfaction of the consumer's demand for returning the amount previously paid to him.

The amount of penalty charged by the consumer cannot exceed the amount of the preliminary payment.

Article 26.1 Remote sale of goods

4. The consumer has the right to refuse the goods at any time before its transfer, and after the transfer of the goods - within seven days.

In the event that information on the procedure and timing of the return of goods of good quality was not provided in writing at the time of delivery of goods, the consumer has the right to refuse the goods within three months from the date of the transfer of goods.

P. 32. Information on the procedure and timing of the return of goods by the consumer must contain:

a) the address (location) of the seller, according to which the return of the goods is carried out;

b) the regime of the seller;

c) the maximum period during which the goods can be returned to the seller, or the minimum set dead, provided for in paragraph 21 of these Rules;

d) a warning about the need to maintain a commodity type, consumer properties of goods of proper quality before returning to its seller, as well as documents confirming the conclusion of the contract;

e) the term and procedure for the return of the amount paid by the buyer for the goods.

There are a number of conditions whose compliance is necessary for return. Otherwise, the seller has the right to refuse to the consumer according to formal signs.

P. 21. Return of goods of good quality is possible if its freight form is preserved, consumer properties, as well as a document confirming the fact and conditions for the purchase of the specified goods.

Despite the condition of the presence of a document confirming the fact of making a purchase, it is not mandatory.

The lack of the buyer of this document does not deprive it with the opportunity to refer to other evidence of the purchase of goods from this seller.

Such evidence can be witnessed testimony, the presence of a salesman on the packaging of the goods marking a seller, a warranty card with a date and serial number and other evidence that the buyer will be able to confirm the purchase of this product from a particular seller.

But, there are certain restrictions on the product, which cannot be returned to the seller, being proper quality.

The buyer is not entitled to refuse the product of proper quality having individual-specific properties if the specified product can be used exclusively by the consumer acquiring it.

What is meant in this case with individual-specific properties?

Individually defined properties are such properties that are created under the individual order of the consumer and cannot be reproduced in a mass order, or which indicates the data of the future of the consumer owner. An example is a vase with the owner's engraving. The item is made on the order of the consumer with specific conditions, and it is difficult to implement. An example is the manufacture of shoes by the standards sent by remotely and taking into account the parameters of the personality.

P. 21. If the buyer's refusal from the goods, the seller must return the amount paid by the buyer in accordance with the contract, with the exception of the Seller's expenses for delivery from the buyer of the returned goods, no later than 10 days from the date of presentation of the relevant Requirement.

The rules also contain documents issued when returning the goods, as well as ways to return the amount paid.

P. 33. When returning a buyer of good quality, an invoice or an act of returning the goods is drawn up, which indicate:

a) full proprietary name (name) of the seller;

b) surname, name, patronymic of the buyer;

c) the name of the goods;

d) the date of concluding a contract and transfer of goods;

e) the amount to be returned;

e) signatures of the seller and the buyer (representative of the buyer). The refusal or evasion of the seller from the compilation of the invoice or the act does not deprive the buyer of the right to demand the return of goods and (or) the return of the amount paid by the buyer in accordance with the Treaty.

P. 34. In case the return of the amount paid by the Buyer in accordance with the Treaty, is carried out undesown with the return of goods by the Buyer, the return of this amount is carried out by the Seller with the consent of the Buyer in one of the following ways:

a) cash at the location of the seller;

b) postal transfer;

c) by transferring the corresponding amount to a bank or other account of the buyer, specified by the buyer.

P. 35. The costs of returning the amount paid by the Buyer in accordance with the Treaty bears the seller.

# 2 expert

Thus, any sale carried out without the immediate presence of the seller, on the basis of information taken from catalogs, television, radio, Internet resources, advertising booklets will be counted for the discharge of remote sales.

For those representatives of network marketing that work on the principle of "from hand to hand", bypassing Internet sales of Bad - everything is intended successfully, because the client meets the products represented not remotely and "naturally". Accordingly, the sale of dietary supplements by the method of "from hand to hand" can already be classified as a remote sale. What is impossible, when buying bodies directly through the online store. In this case, online stores are 100% vulnerable.

Information posted on the website of the online store, in the print catalog, on television or otherwise, the above method may well be regarded as the public offer of goods with all the proposals of obligations

Unless in the online store there will be no advertising of the presented bids and prices will be listed in conditional units (sun, bunnies, etc.), in which case, the representative of the online store will still have to acquaint the buyer before buying (!) With Products "Personally" - in this case, the activity of the online store is derived from under definition - remote sale. The absence of such a moment as the choice of dietary supplies in the online store (basket) and purchase and sale agreements - also displays the online store from under definition - remote sale.

A vulnerable place for the sale of dietary supplements through network marketing and online stores - the payment of the buyer's products remains. Even after the "representative" personally shows the product before buying, which is no longer remote sale (if the seller does not have prices on the site and unlawful advertising on Badam), otherwise, the buyer will be able to argue that he chose The product is in the online store, classify this fact of sale - as a remote - receiving payment from the buyer in cash and without the provision of a cash check - is an offense. Apparently, based on this, now resort to the help of payment terminals when paying the product by the consumer.

P. 20. The contract is considered concluded from the moment the seller is issued by the seller to the buyer of the cash or commodity check or other document confirming the payment of goods, or from the moment the seller is received by the seller about the buyer's intention to purchase goods

Summating - If, the buyer can not use the online store (site) of the seller as a place of choice of product, and it can only do it in the absence of specified prices and advertising products, and if it is personally familiarized with the products before buying, plus to this - if Payment will be produced in any form except cash. All this will not allow classifying the sale of Bad as a remote sale.

How exactly will be determined by legally, the term "home sale, on the street, etc."? If everything is the same - remote sale, the question is already considered and clear.

# 3 olga_abramova.

# 4 expert

Sale of biologically active additive to food in other places (at home by the buyer, on the street, etc.) is not allowed.

Is this an assumption for making a bill or already approved?

This is somehow little similar to the legal formulation, but they can also register.

The draft law is invited to allow BAA trade only through pharmacy institutions, specialized stores selling diet products, food stores (special departments, sections, kiosks). Sale of biologically active additive to food in other places (at home by the buyer, on the street, etc.) is not allowed.

# 5 Olga_abramova.

# 6 Ninake

It turns out that one side is a ban on a dyst. Moving, on the other hand there is http: // infoofoodsuppl. Pic, 510.0.html. It turns out, a foreign online store, which sells dietary supplements, is placed from such prohibitions?

# 7 Alexander Schip

Another question: how does such a scheme fit in the ban: on the phone it is invited to familiarize yourself with the product - it is sent free sample - there is a subscription to the product that the buyer receives by mail - payment is made on credit or cash on delivery?

# 8 Ninake

Who is offered? Who sells who recipient money?

If a private person, or IP, Ltd., which has no equipped room and licenses for this type of deduction - ambush and violation of the law.

Sells foreign legal entities by intercourse. Recipient is a private person. The recipient of money is foreign legal entity.

By the way, the same Oriflame trades with badas remotely.

# 9 Veronika1977

# 10 Alexander Skorokhod

# 11 expert

good day! I have a question: how did Evalar sell his dietary supplements? They have it quite legally. Thank you

# 12 Esenia13

# 13 Biatlon2.

# 14 Denisov_s.

Turn the Bad to the remote way, on the phone with delivery to the house - violation. The sale is allowed only in pharmacies, pharmaceutical kiosks or food stores in specialties (sections) for the sale of diet products. According to the facts of violations of the sale of dietary supplements, consumers can contact Rospotrebnadzor.

Specify which risks brings the seller of bodies over the Internet (fine size, etc.)?

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Is the remote sale of dietary dietary supplements?

I am a Corporation Corporation Siberian Health.

I also and IP.

I have an online store. Can I sell siberian health dietary health remote? Certificates for dietary supplements are, selling at the prices of the company, not higher.

Answers lawyers

Fedorova Nadezhda Vladimirovna (05/03/2013 at 20:06:52)

Anna (05/03/2013 at 20:16:54)

Dear, hope, according to the Decision of the Federal Service for Supervision of Human Rights Protection and Human Welfare of May 20, 2009, for No. 36 Retail BAA Retail Farming Out-of-established clause 7.4.1 Sanpin 2.3.2.1290-03 "Hygienic requirements for the organization of production and turnover of biologically Active additives to food (BAA) "objects, including by remote sale and sales through distributors, is a violation of sanitary and epidemiological requirements.

Share paragraph 7.4.1. SanPine 2.3.2.1290-03 "Hygienic requirements for the organization of production and turnover of biologically active additives to food (BAA)" Retail Bad retail trade is carried out through pharmacy institutions (pharmacies, pharmacy stores, pharmaceutical kiosks and other), specialized stores for the sale of diet products, food products, food Shops (special departments, sections, kiosks).

In addition, according to the letter of Rospotrebnadzor of October 12, 2007, N 0100 / 10281-07-32 "On the control over compliance with the rules for the sale of goods by remote method" the sale of the BAD is remotely prohibited.

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Pierce Yana Igorevna (05/03/2013 at 20:56:58)

Hello! Selling a dietary remote way cannot be sold. According to the approved rules for the sale of goods, the remote product is not allowed to sell the remote method of alcoholic beverages, as well as goods, the free realization of which is prohibited or limited by the legislation of the Russian Federation (BAD, drugs, weapons and cartridges for it, tobacco products, etc.). Good luck to you!

Vladimir Ivanovich (05/03/2013 at 21:06:56)

Petrov Vladimir Igorevich (05/03/2013 at 23:02:38)

Hello!

According to paragraph 1 of Art. 26.1 of the Law of the Russian Federation of 07.02.1992 N 2300-1 "On Consumer Protection" (hereinafter - the Law N 2300-1) The retail sales contract can be concluded on the basis of the consumer's review with the description of the goods suggested by the Seller using catalogs, prospectuses, booklets, photographs, communication tools (television, postal, radio communications and other) or other excluding the possibility of directly familiarizing the consumer with a product or a model of goods at the conclusion of such a contract (remote sale of goods) in ways.
Decree of the Government of the Russian Federation of September 27, 2007 No. 612 approved the rules for the sale of goods by remote method (hereinafter referred to as Rules).
In paragraph 5 of the Rules, a ban on selling a remote method of alcohol products, as well as goods, the free realization of which is prohibited or limited by the legislation of the Russian Federation.
In particular, paragraph 1 and 2 of Art. 32 of the Federal Law of 22.06.1998 N 86-ФЗ "On Medicines" found that retail trade in medicines is carried out by pharmaceutical institutions. Retail sale of only drugs registered in the Russian Federation.
Drugs released by a doctor's recipe are only subject to pharmacies, pharmaceutical points. Drugs released without a doctor's prescription can also be sold in pharmacy stores and pharmaceutical kiosks.
Decree of the President of the Russian Federation dated 22.02.1992 N 179 approved the list of types of products and waste of production, which is prohibited free. This list includes, in particular, drugs, with the exception of medicinal herbs.
In addition, in paragraph 3 of Rospotrebnadzor's letters from 08.04.2005 N 0100 / 2569-05-32 "On the suppression of offenses at the remote product of the goods" (this letter was published before the enactment of rules) established that for entities of entrepreneurial activities Or those who wish to retail the sale of goods by remote method, is mandatory compliance with the relevant standards enshrined in the para. 2 p. 4 rules for the sale of individual types of goods approved by the Decree of the Government of the Russian Federation dated 19.01.1998 N 55, not allowing the sale of food products outside of stationary places (with the exception of ice cream, soft drinks and beers, confectionery and bakery products in the packaging of the manufacturer of goods), Drugs, products made of precious metals and precious stones, weapons and cartridges to it, copies of audiovisual works and phonograms.
According to clause 7.4.1 Sanpin 2.3.2.1290-03 "Hygienic requirements for the organization of production and turnover of biologically active additives to food (BAA)" (approved. Head State Sanitary Doctor of the Russian Federation 17.04.2003) (hereinafter - SanPine 2.3.2.1290-03 ) Bad retail trade is carried out through pharmacy institutions (pharmacies, pharmacy stores, pharmaceutical kiosks and others), specialty stores selling diet products, food stores (special departments, sections, kiosks).
At the same time, according to the Resolution of the Chief State Sanitary Doctor of the Russian Federation of 20.05.2009 No. 36 "On the supervision of biologically active additives to food (BAA)" Retail trade of the base outside the established clause 7.4.1 SanPiN 2.3.2.1290-03 of objects, including the way Remote sale and sales through distributors is a violation of sanitary and epidemiological requirements.
Thus, the sale of medicines and biologically active additives remote method is not allowed. This position is confirmed

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