The rights of the seller in the store from the point of view of the law

The legislator noted that it is the interests of the buyer that should be primary when purchasing goods. However, despite the fact that the Law on Consumer Protection No. 1023-XII primarily protects the rights of citizens who buy goods, the document indirectly adds the rights of sellers.

What legislative acts does the state regulate the activities of sellers, and what rights does this business entity have?

What does the law say?

The main law governing the relationship between a buyer and a seller is the Civil Code of Ukraine. Chapter 54 of the current code lists the basic rights of sellers:

1. The right to sell goods: the exception is cases of forced sale of products.

2. The right to act in accordance with the sale and purchase agreement.

3. The right to carry out professional activities in accordance with the job description approved by the director of the organization.

4. The right to refuse the buyer's claims if the buyer has not timely notified the seller of any violation of the completeness, quality, range or quantity of the goods.

5. The right to demand payment for the goods from the buyer if the buyer refuses to accept it without sufficient reason.

6. The right to demand payment for the goods and payment of interest for the use of other people's funds if the buyer is overdue.

7. The right to demand payment for the goods or to withdraw from the sale contract if the buyer does not accept and pay for them.

8. The right to suspend the transfer of goods until full payment for them is received.

9. The right to demand advance payment for the goods if such conditions are stipulated in the purchase agreement.

10. The right to sell the goods by installments, deferred payment or credit, if this condition is stipulated in the contract.

11. The right to demand the return of goods that have not been paid for.

12. The right to pledge goods sold on credit.

13. Ownership of goods until payment is received for them.

14. The right to refuse to exchange or return goods that have lost their presentation, consumer properties, or if there is no evidence that the product was purchased from a particular seller.

15. The right to demand an examination when returning the goods in case of defects, traces of use, damage to the packaging, etc.

16. The right to a refund for a product from the list of products that cannot be returned if there is no factory defect.

17. The right not to refund the cost of the goods, but to send them for repair under the warranty if a defect is detected.

Thus, in addition to the main points included in the CCU, the seller's rights are also regulated by the Consumer Protection Law and internal documents of the employer's organization, such as the company's Charter, Job Description, Regulations on a trading company, Internal Labor Rules, etc.

The rights of the seller, according to his/her job description

A salesperson's job description is an official document that regulates the activities of a person in a company. There is no provision in the current legislation that would establish a specific job description template. Therefore, it is drawn up by the head of the company in a free form.

The document clearly defines not only the seller's area of responsibility and obligations, but also his rights.

The seller can:

• familiarize yourself with the decisions of the head of the organization regarding your job responsibilities;

• submit proposals for improvement of the work in the field;

• within the scope of their competence, notify the manager of shortcomings in the company's work and suggest ways to eliminate them;

• request documentation required to carry out activities;

• involve specialists from other organizations to solve targeted tasks;

• request assistance from the head of the organization in the performance of their duties.

Any changes to the Job Description shall be made by order of the CEO of the organization.

According to the current Labor Code, a seller is also entitled to annual vacation, decent wages, and proper working conditions.

The internal regulations on staff remuneration set out the terms and amount of salesperson salaries.

Although the current legislation mostly protects the interests of buyers, sellers also have rights and all legal grounds to exercise them. Knowing your rights will help you protect yourself from the misconduct of your clients in disputable and conflict situations.