The right to cancel: the court protected parents from accidental children's purchases

Sometimes it only takes a few minutes of inattention for a child to pick up their parents' phone, open the app, and accidentally place an order. Such situations often led to unnecessary expenses, and it was difficult to return the money, because not all marketplaces allowed you to cancel the purchase quickly. However, the situation has now changed. The court upheld the right of parents to cancel transactions made by their children without adult consent. The new solution will help to avoid unpleasant situations and save the family budget. For more information about how one click led to a big conversation about consumer rights and what needs to be done to return the money spent, see the Izvestia article.

New rules: how to cancel children's purchases in online stores

On Monday, October 27, the second Court of Cassation of general jurisdiction upheld the right of legal representatives to refuse a purchase made by a minor through a parent's account.

The reason for the trial was the story of a resident of Moscow. Her young daughter, playing with her mother's phone, accidentally clicked the "place an order" button for all the items in the virtual shopping cart. As a result, an order of 102 items was created. When the woman discovered this, she immediately tried to cancel the operation, but was refused — the seller informed her that the goods had already been completed and were being prepared for shipment. Later, the company demanded compensation for logistics and storage costs.

An attempt to challenge this claim was initially unsuccessful. The courts of lower instances considered that the customer violated the procedure for filing a claim, as she contacted technical support rather than sending an official email.

However, the Court of Cassation sided with the consumer. The judges noted that the woman acted promptly and declared her refusal to purchase in accordance with the law. The decision emphasizes that formal adherence to the internal rules of the site cannot limit a citizen's right to protect their interests.

Thus, the case was sent for a new hearing. This decision has become an important signal for all participants in online trading - parents who want to protect their budget from accidental children's purchases, and companies that will have to pay more attention to such situations.

Legal basis of the refund

The right to return the goods purchased in the online store is stipulated in the Law of the Russian Federation "On Consumer Rights Protection" No. 2300-1. This law regulates all key aspects of distance trading and protects buyers, including in situations where the purchase was made by a minor.

Even if the product is fully functional, the buyer has the right to return it without explanation within seven days of receipt. The main thing is to preserve the presentation, packaging and seals, as well as the document confirming the purchase. In this case, the seller is obliged to accept the goods and return the money, or offer an exchange. The exceptions are categories of goods that are legally non-refundable, such as underwear, cosmetics, medical products, or perishable products. Similar restrictions are established by sanitary and hygienic standards.

The refund procedure is quite simple. It is necessary to make sure that the product has not been used and has retained its original appearance, contact the online store to clarify the return procedure, fill out an application and send the purchase back in a convenient way - by mail, through the reception point or by courier. After receiving the goods, the seller must refund the money within ten days.

If the product turns out to be defective, the buyer has the right to demand a replacement, repair or refund of the full cost. This can be done within 14 days after purchase, if there is no warranty period. To confirm the defect, the seller is obliged to conduct an expert examination. All the costs of the inspection are usually borne by the store, but if the results do not reveal anything, these costs may be borne by the buyer.

It also happens that the seller refuses to accept the goods back or ignores the customer's request. In this scenario, the consumer has the right to contact Rospotrebnadzor. And in extreme cases, a lawsuit will help settle the dispute. Such cases are considered by the courts of general jurisdiction, and if there are checks, correspondence and other evidence, the probability of a successful outcome is high.

What's next: can new laws be introduced

The decision of the second Court of Cassation has become an important precedent, which, according to lawyers, can influence the further development of legislation in the field of online commerce. Today, the Civil Code and the Law "On Consumer Rights Protection" already provide for the possibility of challenging transactions made by minors without parental consent. However, judicial practice shows that in fact such situations are interpreted in different ways, much depends on the circumstances of a particular case and the policy of the trading platform.

Against the background of the growing number of such disputes, the government has begun to pay more attention to the regulation of distance trading. For example, the Ministry of Economic Development of the Russian Federation is exploring the possibility of introducing a mechanism for limiting refunds for certain categories of goods, similar to the rules for the sale of airline tickets. This was announced by the Minister of Economic Development Maxim Reshetnikov at a meeting of the Federation Council Committee on Economic Policy.

According to the minister, such changes can be the subject of serious discussion if they help reduce the cost of domestic products. Reshetnikov noted that cases of abuse by customers have become more frequent recently. Citizens order several sizes or models of clothes at once, and then refuse most of the orders. In addition, it is not uncommon for people to make massive purchases before the holidays in order to return unwanted goods after the New Year. According to him, such actions lead to an increase in logistics costs, an increase in the burden on couriers and, ultimately, to higher prices for all consumers.

The Minister stressed that any changes should be made taking into account the opinion of Rospotrebnadzor in order to maintain a balance between the interests of business and the rights of buyers. The Agency will hold additional consultations on this issue in order to eliminate the risks of infringement of consumer rights.

Experts believe that further development of legislation can go in two directions. On the one hand, it is planned to strengthen consumer protection against accidental and uncoordinated purchases and create more flexible return rules, on the other hand, it is important to maintain the stability of domestic manufacturers and online retail.

How to protect yourself from accidental baby purchases

To avoid unpleasant situations and unplanned expenses, parents should take care of digital security in advance. The easiest way is to set up parental controls on the devices that the child uses. Almost all operating systems and online stores have a feature to restrict purchases, for example, you can set a password or enable payment via Face ID or Touch ID, as well as prohibit the use of bank cards without additional consent.

Secondly, experts recommend not storing salary cards in applications that a child can access. It is better to use a separate wallet for online payments with a minimum balance.

Finally, it is very important to talk to your child about digital culture and trust. It is worth explaining to the kid that clicking "Buy" is a serious decision, and that the parents' device is not a toy. It is recommended to jointly establish rules for the use of gadgets.

The comprehensive application of such measures will not only minimize the risk of unintended expenses, but also build a child's conscious attitude to online purchases.