The Secondary Market of Goods: Features of Remote Concluding and Executing of a Non-Retail Purchase and Sale Agreement

Abstract

The features and problems of concluding a non‑retail purchase and sale agreement by remote means on the Avito online trading platform are very relevant, since after online retail trade, online trade in used goods began to gain momentum. Every second, more than 8 transactions are made through the Avito website, sellers add more than 900 thousand new ads daily, and the annual customer flow is more than 80 million people. This indicates the need to study the legal issues related to the implementation of transactions on the Avito online trading platform. The paper analyzes Avito’s own rules of the marketplace, through which it was established who are the parties to this agreement, who makes an offer and acceptance when concluding a non‑retail purchase and sale agreement with the condition of the transfer of goods through Avito delivery, who are the parties to this agreement. The author examines the form and content of a non‑retail purchase and sale agreement with a condition for the transfer of goods through Avito‑delivery. The author also focuses on the problem that the Avito website does not provide a technical opportunity for the implementation of the rights to claim provided for in paragraph 1 of Article 475 and paragraph 1 of Article 480 of the Civil Code of the Russian Federation within the framework of a non‑retail purchase and sale agreement with a condition for the transfer of goods through Avito delivery. The paper proposes the ways of solving the indicated problem. The conclusions drawn in the paper are relevant not only for the Avito online trading platform, but also for other marketplaces in the secondary market of goods.