Sales agreement with post office. Legal addresses and bank details

All notifications and orders are sent by regulatory authorities to the legal address of the company and organization. But if the actual location of your company is different from the legal address, receiving important correspondence in a timely manner can become a real problem. Thus, the legislation of the Russian Federation establishes deadlines within which information must be provided at the request of the tax service and other authorities. If you do not do this, the company may face a fine, unscheduled inspections and other troubles.

Not every mid-level businessman can introduce an additional position as a secretary or manager who will be responsible for receiving letters and packages and sending them. But responsibility for the safety of correspondence can be transferred to the employees of our company by signing an agreement for postal service at the legal address.

We conclude a postal service agreement correctly

An agreement for postal services for a legal address is a document that sets out the responsibilities of the company that will provide services and the guarantees of their fulfillment. Most often, a client who needs postal services for a legal address is asked to sign a standard agreement. But before this, you should very carefully read the contents of the proposed agreement, clarify unclear points and, if necessary, make corrections. Please pay attention to the duration of the contract and the possibility of its extension. Our specialists will tell you under what circumstances it is possible to terminate a contract for servicing a legal address.

You can also sign an agreement for secretarial services for a legal address, but ideal solution there will be a contract for his postal and secretarial services. We guarantee complete confidentiality of your correspondence with business partners and government agencies. A true professional will provide secretarial and postal services for your legal address.

Our company offers you any legal address under a postal service agreement for a very favorable conditions and by best price. The Federal Tax Service number, district or district do not play any role - we will offer each client the address that he tried for so long and unsuccessfully to find on his own.

Today the main growth e-commerce market in Russia it comes at the expense of the regions. 30% of online store traffic comes from regions, and this share is growing every year. As a result, every online store that has reached a certain level of development and coverage inevitably faces the question of how and with the help of which operators to deliver. Russian Post still does not have a worthy competitor in terms of coverage, but stores often refuse to work with it. There are many reasons: multi-stage pre-postal preparation, which involves keeping the store on staff special person who is involved in this, the difficulty of controlling the movement of the parcel, additional load to the call center, large number returns. The Village asked an expert to tell us how to deal with some typical problems in collaboration with Russian Post.

Yulia Avdeeva

express delivery service specialist
"Idea Logic"

Choose the right department

The first thing you should do is choose a convenient post office (POO). Here you should pay attention to several factors, which will then make your life much easier. First, see how many employees work in this branch. The more windows open, the better. Secondly, it is important that this department has separate window for working with corporate clients, as well as a dedicated window for delivering parcels. The worst option is when payment for services, delivery of parcels, and sending of letters take place in one window. Third, pay attention to how friendly the this place team, is it possible to come to an agreement with them? Finding a Post Office employee loyal to your company in a branch is already half the success.

In branches located on the outskirts, the queue is usually shorter than in the central ones. Postal logistics in Moscow are well established, parcels are collected from all branches every day. They then go to a sorting center. Large online stores and companies with federal client status skip the first stage and have the right to choose an OPS adjacent to sorting center. If an online store decides to transfer delivery functions to a company with federal status, this can save one or two days.

Get used to independence

The next stage is the conclusion of an agreement with the Federal State Unitary Enterprise “Russian Post”. This can be done both at the post office itself and at the main office. There is a standard contract for the provision of services postal service and you shouldn’t expect that any changes will be made for an ordinary online store. Moreover, each contract goes through several stages of internal approvals, and this process can take a long time. There is only one piece of advice - and it is suitable for any situation: you need to constantly remind yourself.

You shouldn’t expect that the Post Office will “chase” after you; the responsibility lies with you to constantly remind you of your business. After signing the contract, you will have to deposit money and constantly check how much you have left in your account. Remember that Mail only works on prepayment basis. Personal account They don’t have any means of informing you about a lack of funds in your account on the website, so, again, you have to monitor everything manually.

Learn the rules

To work with Mail, you will have to allocate a separate employee on staff, as this requires a lot of effort, time and attention. The main document for him should be the volume “Rules for the provision of postal services”. The main problem is that many things are described in it very vaguely (for example, packaging rules) and can be interpreted differently postal workers and in different post offices in different ways. Simply put, if they want to find fault, they will easily do so. Therefore, it is better to be friends with postal workers.

Choose the right packaging

Proper packaging will save you from many problems. 3% of all packages are damaged and lost along the way, and this is often due to improper packaging. Packing a shipment in a bag costs less than in a box, but the contents of the package are easier to damage. In addition, unfortunately, there are unscrupulous workers in all areas. Despite the fact that Pochta is actively fighting this, there are cases when craftsmen carefully cut the edge of the package, take out the goods, put something similar in weight in its place and seal the package. In addition, the package is transferred from place to place so many times along the way that if it is not provided with an additional layer of protection in the form of a box, it will be too vulnerable. You don't have to use Post Office boxes. For example, our company buys regular boxes in bulk, so they cost less. You should not make branded boxes, because they need to be approved in advance, otherwise the post office may refuse to accept them. People often turn a blind eye to this rule, but they can also find fault with it.

Handle complaints correctly

The period for consideration of claims by the Post Office is officially 60 days. But in reality, these deadlines are not always met, and claims can take several months to be considered. I'll have to remind myself a lot again. If you see that the package is stuck at some stage, immediately find out what is wrong with it. Be sure to inform your customers that if the package is damaged or there is a difference in weight, the package must be opened and its contents checked in the presence of post office employees. Only in this case can you make a claim against the contents of the parcel and draw up a report together with the post office employees. If you open the parcel after leaving the post office, you will no longer be able to make any claims.

Take on some of their work yourself

A serious disadvantage of Mail is the large number of return items. The parcel arrives at the department, but the notification never reaches the client. If he himself does not monitor the movements of the parcel according to the number on the website, he may never know that it has arrived. As a result, the package is sent back to you after a month, in which case the online store pays double tariff(back and forth), but the product still doesn’t sell. According to statistics, about 15-20% of parcels are returned (depending on the specialization of the online store).

To prevent this from happening, you must track the movement of the parcel yourself, and when it arrives at the branch, inform the client about it. If the client does not come to the post office for several days, the call center must connect. Your employee calls the customer to check if he knows that his package has arrived. Thanks to this system, we have reduced the level of returns in our company by 5-10%.

Be patient

It is often very convenient for a regional client to pay in cash, but for you it can turn into a headache. The Post Office may receive the money, but will be in no hurry to give it to you. Therefore, you must separately track whether cash on delivery has been received from each shipment. If he is delayed, sound the alarm.

We had a case when a parcel arrived at a small post office in Siberia, and in order to transfer the money received for the parcel, the employee had to go to the regional center. We tried to persuade him for a long time to find time for this. Branches without Internet are a normal phenomenon for Russia. They can be very difficult to contact. And delivery delays are often associated not only with internal emergency situations, but also with weather events. For example, last winter the Lena River froze, across which locals could only cross by ferry. As a result, it was impossible to deliver anything to the neighboring shore for a whole month.

It is possible and necessary to establish work with Russian Post! Just be patient.

For those who have decided, below is a small instruction
for working with Mail:

Conclude an agreement with Russian Post.

Get it at the branch postal services, fixed in the contract, a range of barcode postal identifiers (SPI) or ready-made PPI.

Pack postage according to postal requirements.

Prepare accompanying documents for postal items.

Make an advance payment forwarding postal items- list cash to the bank account specified in the agreement. Make sure that information about the receipt of funds has been received at the post office (place of delivery).

Deliver postal items at the place and time of delivery specified in the contract. Have two copies of the list with you. 103 on paper and a power of attorney for delivery of postal items.

Get it at the branch postal services documents on acceptance of mail: receipt of acceptance of postal items, second copy of the list f. 103 with the signature of an OPS officer and a calendar stamp.

Within the terms specified in the contract, receive a certificate of completion of work and an invoice.

05.10.2015

When purchasing a legal address for your company, you need to understand that this address is automatically entered into 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 indicated in the Unified State Register of Legal Entities.

There is no point in paying attention to the issue of locating a company at the address indicated in the Unified State Register of Legal Entities; quite a few articles are already devoted to this; let’s just say that a legal address means 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 purchasing a legal address, it is necessary to clarify whether postal service is provided for this address, because “missing” correspondence from tax or judicial authorities, notifications from various funds is fraught with the risk of blocking a current account and up to the liquidation of the company.

There are several possible options for organizing postal services for a company:

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

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

If the address of the actual residence of the company is geographically located next to the legal address and belongs 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 purchasing a legal address.

Postal services for a legal address are also offered when purchasing 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 communications and everything is put on stream. In addition, by purchasing postal service along with a legal address, you receive letters delivered to your office and the confidence that all correspondence will be provided in a timely manner.

Subscription of a box in a subscription mailbox at a Russian post office.

Online stores quite often send goods to customers via Russian Post. This delivery method in many cases has no alternatives. However, working with Russian Post causes huge amount questions. The agency's lawyers answered the most common of them.

– How to work with Russian Post? Is it necessary to conclude an agreement, and what should be included in it??

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

Online stores using Russian Post delivery must protect themselves as much as possible from consumer claims for quality and delivery times. To do this you shouldindicate in the agreement with the Post Office:

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

Posted on the Russian Post website standard form agreement. But we recommend agreeing on an individual contract that takes into account your needs.

The practice when online stores do not enter into an agreement and send goods on behalf of individual, has many risks.

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

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

3) In case of violation by Russian Post target dates forwarding it will be very difficult to achieve payment of the penalty.

Pay attention! According to the Rules for the provision of postal services (clause 57), a penalty for violation of delivery deadlines is paid only in cases where the items are not related to entrepreneurial activity. If you are a legal entity or individual entrepreneur, then the penalty should be determined specifically by your agreement with the Post Office. However, many online stores operate without concluding an agreement with the Post Office, sending their parcels as an individual. As a result, the post office may refuse to pay the penalty, citing 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 delivery deadlines and safety of goods?

The Consumer Rights Protection Law establishes strict 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 by pointing out that the right to the goods is transferred to the buyer from the moment the goods are sent by Russian Post, and further responsibility lies not with the seller, but with the carrier.

This approach is certainly reasonable, but you need to keep the following in mind.

In accordance with clause 22 of the Distance Selling Rules, if the contract was concluded with the condition that the goods be delivered to the buyer, the seller is obliged within the period established by the contract, deliver the goods to the place specified by the buyer, and if the place of delivery of the goods is not specified by the buyer, then at his place of 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 will be the online store that will be held accountable.

However, if you have signed an agreement with Russian Post, and it stipulates delivery times and liability for violating them, then you can then file a recourse claim against the counterparty (Pochta), collecting all fines and penalties from it.

– What is the correct procedure for sending goods? Do we have to pack them according to special requirements?

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

You pack the item properly. Russian Post has strict requirements for parcel packaging, which online stores are forced to comply with.
You send the parcel through a post office or through a sorting center.
Russian Post receives the parcel and transports it to the post office at the specified address.
Once the package 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 provide to the buyer along with the parcel?

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 non-cash form or when selling goods on credit (except for payment using bank payment cards), the seller is obliged to confirm the transfer of goods by drawing up an invoice or a goods acceptance certificate.

Thus, in the situation under consideration the transfer of goods to the buyer can be issued either as an invoice or a delivery certificate -acceptance of goods.

The forms of these documents are developed by the organization independently ( Federal Law dated December 6, 2011 N 402-FZ “On Accounting”). But they must contain all the details mentioned in Law No. 402-FZ.

These details include: the name and date of the document; the name of the economic entity (legal entity or individual entrepreneur), the contents 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 goods will be considered as an invoice or acceptance certificate.

The tax authorities recognize as such documents postal invoices in Form 103 with a postal stamp on dispatch and notification of the postal service that the parcel has been delivered to the addressee. However, if you have many clients, then collecting these documents is extremely difficult.

Judicial practice recognizes the following 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 (parcel 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 by the buyer.

In this case, the 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. And therefore, the primary document confirming the sale of goods (Tax Code of the Russian Federation) and the occurrence of obligations on the part of the buyer (client) to pay for it will be a postal invoice for sending the goods and/or a list for sending valuable parcels, which reflects the 14-digit number mail ID, related to the postal invoice, full name. and the address of the client - the recipient of the order.

Pay attention! Sometimes online stores include an envelope and a delivery note in the parcel 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.

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

Please note! When delivering 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 No. 54-FZ, CCP is applied on the territory of the Russian Federation in mandatory by all organizations and individual entrepreneurs when they carry out cash payments and (or) payments using payment cards in cases of sale of goods, performance of work or provision of services. Article 5 of Law No. 54-FZ establishes that printed cash registers should be issued to customers at the time of payment cash receipts the organization is obliged to making cash payments and (or) payments using payment cards. Cash on delivery does not fall within these definitions.

– How to receive money for delivered goods from Russian Post?

You can use several methods:

Receiving an advance payment (partial advance payment) to a current account or using electronic means payment;
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 Russian Post.

– The buyer wants to return the goods. How to process this and get the 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 for delivery of postal items
favorable rates
extensive experience working with international shipments
non-cash form of payment for services.

To conclude a contract, you must provide documents.

For legal entity:

copies of constituent documents (charter, agreement on establishment, constituent agreement)
a copy of the certificate of entry into 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 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)
power of attorney (if on the part of the counterparty the contract will be signed by a person who is not the sole executive body), and if the power of attorney was issued in the manner of subpoenaing, 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 activities carried out under the agreement are 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 executive body of the counterparty and the seal of the counterparty, with the exception of an extract from the Unified State Register of Legal Entities, as well as a power of attorney.

For individual entrepreneur:

a copy of all pages of the passport or other equivalent document of an individual entrepreneur.
a copy of the certificate of registration as an individual entrepreneur (IP OGRN).
a copy of an extract from the Unified State Register of Individual Entrepreneurs, 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 agreement is acting under a power of attorney.
copy of the certificate open accounts(to certify a current account opened in a bank and registered for an individual entrepreneur).

Copies of documents 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, you can provide copies certified by the signature and seal of an individual entrepreneur, with the exception of an extract from the Unified State Register of Individual Entrepreneurs.