Should the postal service contract be acts. Postal Services Agreement

Online stores quite often send goods to customers by Russian Post. This delivery method in many cases has no alternatives. However, working with Russian Post raises a huge number of questions. Lawyers of the agency answered the most frequent of them.

– How to work with Russian Post? Is it necessary to conclude a contract, and what to indicate in it?

Russian Post, despite its status as a federal state enterprise, is the same counterparty for the online store as other legal entities. Therefore, starting work with it, in order to reduce risks, one should conclude contract for the provision of communication services

Online stores that use Russian Post delivery should protect themselves as much as possible from consumer claims for quality and delivery time. For this it shouldindicate in the contract with the "Post":

• the procedure for receiving goods for delivery (including the procedure for packaging, preparation of accompanying documentation);
• terms of delivery of goods;
• responsibility of Russian Post for the safety of goods;
• the procedure for receiving payment from customers and the timing of the transfer of funds to the online store;
• the cost of Russian Post services;
• the reporting procedure of Russian Post to the online store.

A standard contract form is posted on the Russian Post website. But we recommend that you agree on an individual contract that takes into account exactly your needs.

The practice when online stores do not conclude a contract and send goods on behalf of individual, has many risks.

1) With this approach, there will be problems with accounting, as the documents will be issued to the wrong person.

2) If you conduct remote trading on behalf of an LLC (IP), and send goods on behalf of an individual, then in the event controversial situation it will be difficult for you to prove the proper performance of obligations to the buyer.

3) In case of violation by Russian Post of the deadlines for sending, it will be very difficult to achieve payment of a penalty.

Note! According to the Rules for the provision of postal services (clause 57), a penalty for violation of the delivery time is paid only if the items are not related to business activities. If you are a legal entity or an individual entrepreneur, then the penalty should be determined precisely by your agreement with the Post. However, many online stores operate without concluding an agreement with the Post, sending their parcels as individuals. As a result, the post office may refuse to pay the penalty, referring to clause 57 of the Rules, and from a legal point of view it will be right.

- Who is responsible to the consumer for violation of the delivery time, the safety of the goods?

The Consumer Rights Protection Law establishes severe sanctions for violation of the seller's obligations (including delivery times specified in the public offer).

Some online stores are trying to get out of the situation, indicating that the right to the goods is transferred to the buyer from the moment the goods are sent by Russian Post, and the carrier, not the seller, bears further responsibility.

This approach is certainly reasonable, but the following should be borne in mind.

In accordance with clause 22 of the Distance Selling Rules, if the contract is concluded with the condition of delivery of goods to the buyer, the seller is obliged to deliver the goods to the place specified by the contract, specified by the buyer, and if the place of delivery of the goods by the buyer is not indicated, then at the place of his residence. Thus, the law places such responsibility on the seller, and not on his counterparty (even if it is Russian Post). And if the case goes to court, there is every reason to believe that it is the online store that will be held liable.

However, if you have signed an agreement with the Russian Post, and it stipulates the delivery time and liability for their violation, then you can then file a recourse claim against the counterparty (Post), recovering from him all fines and penalties.

– What is correct order sending goods? Do we need to pack them according to special requirements?

One of the most common shipping methods is cash on delivery. In this case, the order of sending is as follows:

• You pack the goods properly. Russian Post imposes strict requirements for the packaging of parcels that online stores are forced to comply with.
• You send the parcel through the post office or through the sorting center.
• "Post of Russia" receives the parcel and transports it to the post office at the specified address.
• After the parcel arrives at the local post office, a notification is sent to the recipient.
• The buyer comes to the post office, pays and picks up the order.
• The online store receives money.

-What documents should the online store send to the buyer along with the package?

• As with any other type of delivery, you must provide the buyer with information about the product and the procedure for returning it, in accordance with the law "On the Protection of Consumer Rights".
• Clause 20 of the Sales Rules establishes that when the buyer pays for goods in a non-cash form or when selling goods on credit (with the exception of payment using bank payment cards), the seller is obliged to confirm the transfer of goods by drawing up an invoice or an act of delivery and acceptance of goods.

Thus, in the situation under consideration the transfer of goods to the buyer can be issued as an invoice, and an act of delivery -goods acceptance.

The forms of these documents are developed by the organization independently ( federal law dated 06.12.2011 N 402-FZ "On Accounting"). But they must contain all the details named in Law N 402-FZ.

These details include: the name and date of the document; the name of the economic entity (legal entity or individual entrepreneur), the content of the transaction, the title of the position of the person who made the transaction and (or) responsible for the correctness of its execution, the signatures of these persons indicating their surnames and initials or other details necessary to identify these persons.

In the case of sending goods by mail, documents confirming the dispatch of the goods themselves will be considered as an invoice or act of acceptance.

The tax authorities recognize as such documents postal invoices in the form 103 with a mail mark about sending and mail notification about the delivery of the parcel to the addressee. However, if you have many clients, then collecting these documents is extremely difficult.

Judicial practice recognizes as such documents:

• register (list) of sending valuable parcels and / or parcels, indicating in it the client's data (full name and address);
• A 14-digit postal identifier assigned to a postal item (package or package) and reflected on the postal invoice in form 103. It confirms both the fact of the conclusion of the contract and the fact of its execution by the seller, and also indicates the occurrence of payment obligations from the buyer.

At the same time, obligations under the concluded remote purchase and sale agreement are considered fulfilled by the seller from the moment the goods ordered by the buyer are sent by mail. Therefore, the primary document confirming the sale of goods (TC RF) and the emergence of obligations for the buyer (client) to pay for it will be a postal invoice for sending goods and / or a list of sending valuable parcels, which reflects the 14-digit number of the postal identifier, related to the postal invoice, F.I.Oh. and the address of the client - the recipient of the order.

Note! Sometimes online stores put an envelope and a waybill in the package so that the buyer can sign it and send it back to the seller. But, as a rule, buyers ignore the need to send, and there is no need for such a document.

Note! We recommend posting on the site (including in a public offer) information on how the buyer can properly accept the goods and check its completeness. If the buyer does not declare, upon receipt of the parcel, right on the spot, claims about the incompleteness of the goods, then he will practically not be able to prove that he was delivered the wrong product or in the wrong configuration. It is worth indicating in the public offer in which case and upon presentation of which documents you accept claims for incompleteness of goods received by mail.

note! With cash on delivery, you do not have the obligation to issue a cash receipt to the buyer. In accordance with paragraph 1 of Art. 2 of Law N 54-FZ, CCP is applied on the territory of the Russian Federation without fail by all organizations and individual entrepreneurs when they carry out cash settlements and (or) settlements using payment cards in cases of sale of goods, performance of works or provision of services. Article 5 of Law N 54-FZ establishes that the organization is obliged to issue cash receipts printed by cash registers to customers at the time of payment when making cash payments and (or) settlements using payment cards. Cash on delivery does not fall under these definitions.

– How to get money for delivered goods from the Russian Post?

You can use several ways:

1. Receipt of prepayment (partial prepayment) to the current account or using electronic means of payment;
2. Cash on delivery (when the buyer pays for the goods upon receipt at the Russian Post office). Subsequently, the funds are transferred to your current account in accordance with the agreement concluded with the Russian Post.

The customer wants to return the item. How do I get it done and get my money back?

Russian Post offers special conditions for corporate clients - they can be both legal entities and individual entrepreneurs.

Advantages " corporate client» Russian Post:

• convenient time and place postal items
• favorable rates
• great experience with international shipments
• non-cash form of payment for services.

To conclude a contract, you need to provide documents.

For a legal entity:

• copies of constituent documents (charter, founding agreement, memorandum of association)
• a copy of the certificate of making an entry in the Unified State Register of Legal Entities; certificate of state registration of changes made to the constituent documents of a legal entity
• a copy of the extract from the Unified State Register of Legal Entities, issued no earlier than 6 months before the expected date of conclusion of the contract
• a copy of the certificate of registration with the tax authority
• a copy of documents confirming the powers of the sole executive body (decision of the founder / shareholder, minutes of the general meeting of shareholders / participants, Order of appointment)
• a power of attorney (in the event that the contract will be signed by a person who is not the sole executive body on the part of the counterparty), and if the power of attorney is issued in the manner of substitution, the power of attorney of the person who issued the power of attorney in this manner.
• a copy of the counterparty's license, if the activity carried out under the contract is subject to licensing.

The copies provided must be certified by a notary or the authority that issued the document. In the absence of properly certified documents and the need to urgently conclude an agreement, it is permissible to provide copies certified by the signature of the person who is the counterparty's executive body and the counterparty's seal, with the exception of an extract from the Unified State Register of Legal Entities, as well as a power of attorney.

For an individual entrepreneur:

• a copy of all pages of the passport or other document of an individual entrepreneur replacing it.
• a copy of the certificate of registration as an individual entrepreneur (IP OGRN).
• a copy of an extract from the USRIP, issued no earlier than 6 months before the expected date of conclusion of the contract.
• a copy of the certificate of registration with the tax authority.
• power of attorney, if the person signing the contract acts under a power of attorney.
• a copy of the certificate of open accounts (to certify the current account opened with the bank, registered on the IP).

Copies of documents must be certified by a notary or the authority that issued the document. In the absence of duly certified documents and the urgent need to conclude an agreement, you can provide copies certified by the signature and seal of an individual entrepreneur, with the exception of an extract from the USRIP.

Postal services include the receipt and transmission of all mail sent to the company's legal address. If the company has not concluded a postal service agreement, then the documentation sent to the company may be lost, for example, a claim for the recovery of a non-existent debt from fraudsters, for example.

What is a postal service agreement

Postal service is a service for the collection and storage of correspondence from the post office, arriving at the registered legal address of the company.

Russian Post primarily works with legal entity, although it also serves individual entrepreneurs. The contract is concluded only upon sending the application described in writing. All possible types of contracts can be studied on the official website offered by the Russian Post.

The benefits of working under this agreement are obvious:

• it is possible to pick up, as well as leave orders for the delivery of letters and other postal parcels to the office of the enterprise or vice versa from the office;
• stands out certain time and a special place to hand over mail;
• if necessary, operators select a successful package of services that will be the most profitable for the organization;
• a legal entity has the right to choose how to pay for services provided by Russian Post - in cash or non-cash forms of payment.

Moscow city

Limited Liability Company "__________", hereinafter referred to as the "Contractor", represented by Director General _________________ acting on the basis of the Charter, on the one hand, and the Limited Liability Company "__________", hereinafter referred to as the "Customer", represented by General Director _________________, acting on the basis of the Charter on the other hand, and together referred to as the "Parties" have entered into this agreement a postal agreement service about the following:

1. The Subject of the Agreement

1.1 The Contractor undertakes to accept, store and transfer to the Customer postal correspondence received in the name of the Customer at the address: ________________ within 12 (twelve) months from the date of signing this agreement.

2. Obligations of the parties

2.1 Obligations of the Contractor:

2.1.1 Accept and store (not longer than within 1 (one) calendar month from the date of its receipt) all correspondence received by mail to the Customer. If the Customer does not collect his correspondence from the Contractor within the specified period, it will be destroyed without returning the postal service fee.

2.1.2 All correspondence coming in the name of the above organization to this postal address is entitled to be collected only by the owner of the premises (Contractor). No other persons, including those under powers of attorney, have the right to pick up correspondence coming to the above address. If the Customer attempts to pick up his correspondence at the post office on his own, this agreement is considered terminated.

2.2 Obligations of the Customer:

2.2.1. Provide the Contractor with contact details for communication with the customer.

2.2.2. The Customer is obliged to provide the Contractor with a power of attorney in the amount of at least 3 pcs. to receive registered and valued letters.

2.2.3 In case of changes in the method of communication, the Customer is obliged to inform the Contractor about such changes within 5 working days (full name, phone number, e-mail,). Responsibility for the accuracy of the information provided lies with the customer.

3. Amount and procedure of payment

3.1. The cost of services rendered by the Contractor is ___________ (___________) rubles per month (including VAT / VAT free).

3.2 Payment is made by the Customer at the conclusion of this agreement in the amount of 100% of the cost of the Contractor's services for the entire period of the Agreement.

3.3 Cash, paid for postal and secretarial services and storage of documents, are not returned.

4. Liability of the parties

4.1. The parties are responsible for failure to fulfill their obligations under this agreement in accordance with applicable law.

4.2 The Contractor is not responsible for the correspondence not delivered to the Customer due to the action / inaction of the Customer himself, or other third parties (post offices, other public and / or private organizations and bodies).

5. Conditions for entry into force and termination of the contract

5.1 This Agreement shall enter into force upon its signing by the Parties.

5.2 The Agreement may be extended under the same or other conditions upon expiration of its validity by mutual agreement of the parties by signing a new agreement.

5.3 The Contractor has the right to terminate the contract unilaterally in the event that the Customer violates its obligations under the Contract or it is impossible to contact the Customer's management or contact person.

5.4 If the column “Contact information for communication with the Customer” is not filled in this agreement, such an agreement is considered not concluded. In this case, the amount paid under this agreement is not refundable, and claims against the Contractor for non-delivery of correspondence are not accepted.

5.5 If the Lessee, two weeks after the end of the contract, does not return the signed certificate of completion and does not file a written claim against the Lessor, then the work is considered completed and accepted by both parties.

5.6 This agreement is made in two copies, each of which has the same legal force, one copy for each party.

6. Legal addresses and Bank details parties

Contractor Customer

Contact information for communication with the Customer: ____________________________________

Reference: Samples of legal and accounting documents.

05.10.2015

When buying a legal address for your company, you need to understand that this address is automatically entered in the Unified State Register of Legal Entities and it is at this address that everything government bodies will communicate with the community. Any correspondence addressed to your company will be sent to the legal address of your organization specified in the Unified State Register of Legal Entities.

It makes no sense to pay attention to the issue of finding a company at the address indicated in the Unified State Register of Legal Entities, quite a few articles have already been devoted to this, let's just say that the legal address is understood as the company's registration address, and in fact the company is not physically located at the registration address.

How to receive incoming mail when registering a company at a legal address?

Before buying a legal address, it is necessary to clarify whether the postal service of this address is provided, because “missing” correspondence from the tax or judicial authorities, notifications from various funds is fraught with starting from blocking the current account and up to liquidation of the company.

There are several possible options for organizing the postal service of the company:

• Conclude a postal service agreement with the post office (RUSSIAN post).

In fact, this is your request to the post office, not to deliver letters to the address and not to return them to the sender, but to leave them at the post office for your own receipt. To do this, you must submit to the post office an application-order for the storage of postal items in the post office and self-collection of letters. Of course, this service is paid and it is better to check its cost directly at a specific Russian post office. With this option, you will have to independently come for letters once a week and do not forget to submit an application-order every month and not to miss the next payment for the service.

If the address of the actual location of the company is geographically located near the legal address and belong to the same post office, it is possible to conclude an agreement for the delivery of correspondence to the actual address, of course, also for a fee.

• postal service as additional service when buying a legal address.

Postal service for a legal address is also offered when buying it from a specialized law firm. Those. you can buy from them not only the address itself, but also its postal service. As a rule, this is a reliable mechanism, since law firms have many years of experience in cooperation with post offices and everything is put on stream. In addition, by purchasing postal service along with a legal address, you get the delivery of letters to your office and the confidence that all correspondence will be provided in a timely manner.

• Subscription of a cell of a subscription mailbox in a Russian post office.