Law and guidance checked on 21 October 2026.
When prepaid goods miss the agreed delivery deadline in Russia, a consumer can choose delivery by a new date or repayment of the advance for undelivered goods. Consumer Protection Law Article 23.1 also provides a daily penalty of 0.5% of the advance, subject to a cap. First substantiate the contract, payment and delivery deadline: an app status does not replace those documents.
Choose the remedy
Decide whether you still want delivery or now require repayment.
10 days
The special Article 23.1 period for repayment and compensation of losses.
0.5% daily
The base and maximum penalty are the advance paid for the goods.
When Article 23.1 applies
This concerns a consumer sale where the seller received advance payment. Paragraph 1 requires a delivery deadline in the contract. It may be a fixed date or a determinable period; preserve the order terms, confirmation and correspondence.
A separate carriage service, paid service, work contract to make an item or private-party transaction can follow different rules. Do not apply 0.5% automatically to every delay. If no deadline appears in the papers, reconstruct the agreed terms and request clarification first: an invented date cannot support the calculation.
Choosing delivery or repayment
If you still need the purchase, demand delivery by a specific new deadline. If waiting no longer serves your purpose, request repayment of the advance for undelivered goods. Do not frame the principal remedy as an unconditional demand for both the goods and their full price back.
Article 23.1(4) allows ten days from the relevant demand for repayment and full compensation of losses. Evidence its receipt. Stock availability, a manager’s promise or another app rescheduling does not itself prove performance of a refund demand.
Record any change of remedy or agreement on a new date. Do not sign a no-claims statement while delivery or money remains disputed.
Calculating the penalty correctly
| Item | Rule | Evidence |
|---|---|---|
| Base | Advance payment for the goods | Receipt and payment purpose |
| Rate | 0.5% per day | Article 23.1(3) |
| Period | Contractual delivery day through actual delivery or repayment | Contract, handover and statement |
| Cap | No more than the advance | Calculation compared with payment |
Hypothetical example: RUB 12,000 was prepaid for undelivered goods and ten days of delay are substantiated. The calculation is 12,000 × 0.005 × 10 = RUB 600. The RUB 12,000 repayment claim is separate. Allocate payments and periods using the documents where delivery was partial or payments were staggered.
Do not substitute the rate for a delayed repair or a service-contract penalty. Actual recovery depends on the applicable law, facts and court assessment; the example is not a promised payment.
Documents and the correct recipient
- Preserve the order, offer, seller identity, receipt and payment confirmation.
- Record the promised date, subsequent changes and whether you agreed to them.
- Save tracking and delivery enquiries. If delivery was offered, document the agreed address and your readiness to receive it.
- Identify the seller and, for marketplace orders, the platform’s role and payment recipient. Do not write only to the carrier.
- Send the selected remedy, calculation and bank details using a method proving contents and receipt.
If the order is marked received but no handover occurred, expressly dispute delivery and request handover evidence. This needs factual investigation, not merely counting days.
Template advance-repayment claim
To [seller and address]. From [name and contact]. For order [number and date], I prepaid [amount] for [goods]. The agreed delivery deadline was [term and date]. The goods remain undelivered. Under Article 23.1(2) and (4) of the Consumer Protection Law, I demand repayment of the advance for undelivered goods to [details] within ten days. I also claim the paragraph 3 penalty for [period], amounting to [amount], with calculation attached. Attachments: [order, payment and correspondence]. Date and signature.
If you choose the goods instead, replace the repayment demand with delivery by a specific new deadline. Remove mutually exclusive alternatives before sending the template.
Supplier, courier or shop-closure explanations
Request the specific defence and supporting evidence. Article 23.1(5) addresses force majeure or consumer fault, which the seller must prove. “Our supplier let us down” does not itself establish either; your actual ability to accept the delivery also matters.
If payment is refused, assemble a claim against the correct defendant. A Rospotrebnadzor complaint does not replace money recovery. Prove losses separately: a delayed order alone does not establish every alleged expense.
If the seller is bankrupt, check the proceedings and special claims procedure. A closed website does not automatically establish bankruptcy or make a marketplace liable for every seller.
Check your delayed-delivery claim
Frequently asked questions
Can I request repayment while goods are in transit?
Where the agreed deadline was missed and Article 23.1 applies, the consumer can choose repayment. Evidence the demand to the seller and lack of handover.
Does the penalty use the entire order price?
The statute uses the advance paid for the goods. Do not substitute the full price when only part was prepaid.
Is the seller always liable if a courier could not reach me?
No. Examine delivery terms and evidence. Consumer fault may matter under Article 23.1(5).
Do the ten days start from payment?
No. The paragraph 4 repayment period follows the relevant demand; the contractual terms determine the delivery deadline.