After a wave of complaints to the ICR, the FAS, the prosecutor's office and the media, customs officers stopped "wrapping" parcels from China
Parcels with phones ordered by Russians in foreign online stores, customs began to skip. Recall that in April, the Federal Customs Service froze thousands of orders, mainly with Xiaomi brand mobile phones, seeing signs of counterfeit goods in them. Buyers who did not wait for orders considered these actions arbitrary and suspected customs officials of colluding with dealers who sell the same devices in Russia for one and a half to two times more expensive, and began to complain to regulatory authorities. After the hype raised, smartphones began to be produced, but it is not known whether the conflict has been resolved: the FCS considers its actions legal, as does the Association of Internet Trade Companies. Details are in the material of Realnoe Vremya.
Telephone amnesty, or Customs gave the go-ahead
The Federal Customs Service began to allow smartphones from China to pass through. On the page in the social network, which was created by the Russians who did not wait for their parcels, there is a joyful revival. If a few days ago they posted samples of complaints about the actions of customs officers to the prosecutor's office, the Investigative Committee and the antimonopoly service, now they are screenshots with tracking packages with the long-awaited "released by customs". Almost all parcels hung at customs for 16-20 days.
“Oh, they released it on May 3rd. It looks like an amnesty. Or “Smart Orange” gave the go-ahead,” Irina Koroleva writes in the comments.
Recall that problems with the delay of smartphones ordered in Chinese online stores began in April. The Federal Customs Service included the Xiaomi trademark in the register of intellectual property objects based on the request of the copyright holder, which in Russia was Smart Orange LLC. According to the law, customs must notify the representative of the right holder about the importation of a suspicious phone into the territory of the Eurasian Economic Union. Smart Orange, in turn, replied that this product had signs of counterfeiting, and objected to its import. Thus, customs officers began to return thousands of phones back to China.
The Federal Customs Service included the Xiaomi trademark in the register of intellectual property objects based on the request of the copyright holder. Photo anrt.info
As representatives of the Federal Customs Service commented to Realnoe Vremya, “in accordance with Article 111 of the Customs Code of the Customs Union, customs officials, when performing customs operations, check documents and information, during which they send appropriate notifications to copyright holders about the identification of goods in the MPO that have signs of violation of rights intellectual property (counterfeit). When sending this notification to the right holder, the customs authority decides to extend the period for the release of goods. If, according to the information provided by the copyright holder, the goods being sent are counterfeit, the customs authorities, in cooperation with the Russian Post Federal State Unitary Enterprise, take measures to prevent the import into the Russian Federation of prohibited goods arriving at the MPO, and ensure their immediate export from the Russian Federation. .
Have phones suddenly ceased to find signs of counterfeit goods?
According to media reports, Smart Orange LLC asked the customs to take a closer look at phones from China in order to stop the "gray" shipments of smartphones and accessories under the Xiaomi brand. Perhaps the company saw the main threat in private entrepreneurs supplying gadgets bypassing official channels, but as a result, retail customers who order smartphones for personal use began to suffer. The actions of the customs officers, "deploying" such parcels, the president of the National Association of Distance Selling, Alexander Ivanov, called lawlessness.
I have serious doubts about the legality of this. With us, this story - with the rights of individual distributors - does not apply to goods for personal use. Goods for personal use are not subject to certification or law in any way. What has happened now is an outrage. The question is whether the victims will sue and prove their case. A private person has a weak position in this regard - it is practically powerless against the state. And the Chinese seller will not go to Russia to sue - for him this is a microscopic part of the business, - Alexander Ivanov told Realnoe Vremya.
What happened, since the phones began to come to customers, did the customs officers change their position or did Smart Orange LLC suddenly stop finding signs of counterfeit goods in Xiaomi ordered directly from China? Smart Orange was unable to promptly comment on its position to Realnoe Vremya, we sent a request and are waiting for a response.
Buyers believe that the original Xiaomi phone purchased in China from an authorized dealer cannot be considered counterfeit - it is, without a doubt, original and manufactured in the sender's country. Photo miui.su
Discounts for victims of "greed"
From dissatisfied buyers, a shaft of criticism fell upon the official distributor. They believe that the original Xiaomi phone bought in China from an authorized dealer cannot be considered counterfeit - it is, without a doubt, original and made in the sender's country.
According to buyers, the distributor's attempts to stop the supply of smartphones directly from China are connected "only with greed." The petition sent to the management of Beijing Xiaomi Technology Co., Ltd, says that the official distributor of Xiaomi in Russia sells phones at excessively inflated prices.
“On average, it is 2 times higher than the price set on the official website of the manufacturer,” writes Aleksey Sadchikov, the author of the petition.
In the official group on the social network, representatives of Xiaomi in Russia are already tired of answering what the price of the product in Russia is made up of.
“The pricing policy has already been discussed earlier, however, we are ready to repeat it. The price of our products in Russia depends on many factors. Taxes and customs tariffs of the Russian Federation are one of the most important. In addition, we offer a number of services included in the price of the goods: warranty service, localization, adaptation to the local market, and much more,” the official distributor answers.
It is noteworthy that, as soon as problems with the delay of phones at customs began, the distributor offered buyers whose phones were sent back to China "the maximum possible discounts on official Xiaomi products." To do this, it was necessary to send confirmation that the goods were returned to the seller. From the messages under the post, one could understand that the discounts were meager and they were in no hurry to use them.
According to Fedorov, cross-border e-commerce has long become a channel for obtaining small consignments of goods for commercial use. Photo allinvest.ru
AKIT protected the customs
The actions of Smart Orange LLC, which declared war on Chinese online stores, were opposed by the public organization RosKomSvoboda and the National Association of Distance Selling. However, there are experts who agree with the position of the Federal Customs Service and the official distributor.
ACIT believes that the activities of the FCS are fully justified and correct from the point of view of the law. In our understanding, it is the right holder in the country where products under his brand are sold that must determine whether a particular product is counterfeit or not. With the rapid development of the Internet, cross-border online trading has become the main channel for counterfeit products to enter our country. At the same time, for example, in classical imports, customs has long learned to stop the supply of counterfeit products. Cell phones coming from abroad in parcels do not undergo certification and security checks (at the same time, all phones officially imported into the territory of the Russian Federation must be certified by the security agencies of the FSB and FSTEC), cannot be used when working with our telephone communication standards . And this means that such goods cannot be legally sold in Russia, - says Alexei Fedorov, President of the Association of Internet Trade Companies.
According to Fedorov, cross-border e-commerce has long become a channel for obtaining small consignments of goods for commercial use. Increasingly, for example, in the regions, a resourceful entrepreneur orders a batch of phones in several parcels “for personal use”, keeping within the duty-free threshold of 1,000 euros in the Russian Federation. The sale of goods in this case takes place on the territory of the buyer, at the place of receipt of the goods, that is, such products are considered purchased on the territory of the Russian Federation, and not abroad.
The Association advised not to purchase goods from unofficial sellers and always remember that "the miser pays twice." Photo miui.su
“Marginality of sales of Apple phones is less than 3%”
Often, goods in foreign online stores are cheaper than analogues in Russia. ACIT believes that this is due to the fact that some models are not designed to work in our telecommunications networks. In addition, they lack warranty and post-warranty service and maintenance.
In our work, we have repeatedly come across a big misconception that Russian sellers receive 300-400% of the profit from the sale of one phone, which, of course, is not true. So, for example, the marginality of sales of Apple phones is less than 3%, while sellers receive income from the sale of accessories and maintenance of equipment, but the difference in customs payments that Russian companies pay and their foreign competitors do not pay reaches 28%. We are well aware that today the Chinese counterfeit everything. At the moment, even on the Runet, you can find a huge number of sites selling copies and replicas (which, in fact, is just a beautiful name for counterfeit products). China has a powerful production of modern technology, but in parallel with this, a huge number of clandestine factories for the production of well-known brands, which can be bought at very low prices, are developing, says the president of the Association of Internet Trade Companies.
The Association advised not to purchase goods from unofficial sellers and always remember that "the miser pays twice."
After receiving the goods, in most cases you simply cannot return the money from a foreign seller, - Alexey Fedorov is sure.
It should be noted that the Federal Customs Service in the case of Xiaomi smartphones did not confiscate the goods, but sent them back to the seller, who returned the money to the buyer.
Daria Turtseva
Before the transfer of the goods to the buyer, you can cancel the purchase at any time. If the order is prepaid, you can return the entire amount of payment back to the card by writing to
Return
When buying remotely (with courier delivery) in the online store site, you can return the goods of good quality within 7 (seven) days from the date of receipt of the goods (Law on the Protection of Consumer Rights of the Russian Federation, Article 26.1). In this case, the shipping costs are paid by the buyer.*
If technical malfunctions are found, the buyer can refuse the goods within 14 days from the date of receipt of the goods. In this case, a technical examination will be carried out. (after the specified period, the product is subject to warranty repair)
The returned item must be:
- - fully equipped
- - without traces of use and mechanical damage, with the preservation of the presentation and consumer qualities
- - in undamaged original packaging
- — with preservation of all types of marking and protection, seals, factory labels
- - with original documents confirming the purchase of goods: invoice, cash receipt (if any)
Please note: the terms of return do not imply the operation of equipment, use for testing purposes and other use of goods. We accept your right to change your mind, but we may refuse to return or exchange used items.
If the product was accompanied by a gift or additional accessories, they are also subject to return in accordance with the specified rules.
* This condition is valid only when buying online in the online store website
To return, follow these steps:
- Fill out the form for the return / exchange of goods (Download)
- Send a scan of the application to [email protected] website, you can confirm the receipt of the application by calling the hotline.
- Our operator will contact you to confirm the return and how to send the product back to the store. Shipping is paid by the buyer. You can bring the goods yourself to the return collection point at the address: Moscow, Varshavskoe shosse, 1, building 1-2, office A110
- Together with the goods, it is necessary to hand over to the courier the original application for replacement and documents confirming the purchase.
- In the absence of claims to the configuration and condition of the returned goods, the funds will be returned within 10 working days from the date of receipt at the warehouse. The refund is made to the bank card from which the payment was made, or to the client's current account.
- In case of claims, our operator will contact you:
- – in the absence of part of the kit, their cost will be deducted
- – in case of mechanical damage to the goods or packaging, an additional examination will be carried out
With the growing popularity of Xiaomi, the number of stores offering its equipment has also increased.
Before buying smart home devices, everyone asks themselves the question: Where is it better to buy Xiaomi devices and not overpay too much, but also not be deceived.
Let's look at the most relevant stores, their pros and cons.
Xiaomi in the Aliexpress store
Perhaps the most popular way to buy Xiaomi equipment. A huge platform with various stores that have their own discounts and promotions. 
Probably everyone at least once bought some small things from the site. The assortment list is huge, this also applies to Xiaomi equipment.
Aliexpress itself does not sell anything, but only represents a platform for different companies and stores. If you enter a query in the main search, it will display a large number of results:
A large selection allows you to find the best deal, but you should not focus only on the price. The main indicator of reliability can be considered the rating of the store, the number of orders and positive reviews. It is also worth paying attention to the package of goods, especially if you decide to buy a set of devices:
The goods are sent only with full payment for the goods, you can pay with a bank card, QIWI Wallet, WebMoney or Yandex money. After payment, the seller sends the package and you just have to wait, usually delivery takes from 2 weeks to a month and a half. Please note that when choosing a delivery method, tracking information is available, then the parcel is assigned a track number that can be tracked on the official website of the Russian Post.
A little about the precautions, upon receipt of the parcel, be sure to weigh it and carefully examine the packaging for signs of opening. If everything is in order, take the parcel home. Record the opening of the parcel on video, this can be a decisive factor if the inside is not what you ordered. Aliexpress acts as a guarantor in the relationship between the seller and the buyer, in case of non-conformity of the goods, you can open a dispute for a partial or full refund.
The disadvantages of this store include long delivery and no guarantee for the goods.
You can definitely buy on Aliexpress. This is one of the easiest ways to order goods in China.
Another Chinese store of various equipment and gadgets. It differs from Aliexpressa in that it is a separate independent platform, i.e. when buying from aliexpress, the price includes the platform commission and the commission of the seller himself, but there is no platform commission. This makes it possible to make the price of Xiaomi equipment more acceptable and affordable.
If you are afraid to buy equipment in some incomprehensible store, then feel free to discard these doubts. Gearbest recently celebrated its fourth birthday and during all this time the number of buyers from Russia has only grown. But despite this, the Russification of the store is done through a Google translator, which significantly reduces the quality of online shopping.
In terms of assortment, Gearbest is inferior to Aliexpress, but regarding Xiaomi equipment, the difference is insignificant.
Until recently, prices were noticeably lower than those of competitors, but with increased popularity, prices have caught up with similar stores. Before buying, it is better to monitor several sites and choose the most attractive price. Also on Gearbest are popular daily discounts on certain products, as well as discount coupons. You can track them on thematic forums and groups in social networks.
The purchase is made by analogy with the previous store, quite simply and clearly. Yes, shipping is no different.
And then you need to pay attention to the advantage of this store -. This is a huge plus compared to other Chinese stores, and the tech support is courteous and responsive (based on my personal experience, maybe lucky). Thinking of buying something, compare prices on AliExpress and GearBest, if the price of herbest is more profitable, then feel free to buy here.
Xiaomi in the Chinese store Banggood.com
Free shipping is available, but without the ability to track the package. You will have to pay an additional couple of dollars for a track number (for goods that are cheaper than $ 25). Delivery reviews can be divided into 2 camps, who are delivered in a couple of weeks and who are waiting for more than a month and a half. Upon receipt of the goods, it is necessary to fully check the functionality of the goods and only then confirm receipt. Buyer protection is noticeably inferior to the Aliexpress system.
If you have complaints about the main Chinese stores and want to try something new, then the store is perfect for this.
Buy Xiaomi on JD.ru
If you are already asking the price of a product, comparing different offers, then you should pay attention to the store.
Also a rather old store, it was founded in 2004 and until 2015 it lived perfectly in the domestic market of China. But the competition is high and in order to maintain positions it is necessary to develop. And in 2015, the store enters the Russian market, on a separately acquired domain in the RU zone. It is worth noting that the creators did a good job on localization, although the product names are reminiscent of AliExpress. It was alleged that JD entered into an agreement with the Russian Post on expedited delivery, but this did not particularly affect the timing: 7 days for order processing and 40 days for delivery. Basically the same as competitors.
The assortment and prices are also a plus of the store, although they do not reach Aliexpress.
But technical support, according to reviews, leaves much to be desired. Also in the store there are promotions and coupons, but from time to time there are problems with their activation.
Before you buy something valuable, it is better to try to order a small item to check the timing and quality of delivery. You can buy, but only if the price of the goods is noticeably lower than other stores.
Buying Xiaomi on Taobao.com through an intermediary
Many of you have looked at prices in RMB in the official store. One yuan costs about 9 Russian rubles, so we look at the price, multiply by 9 and get the cost of the goods in rubles. And if you need a Chinese bank card to pay in RMB to make a purchase in the official Mi.com store, then on the Taobao.com website you can pay in rubles with VISA and MASTERCARD cards (payment with a commission of 3.5%).
Taobao is an online store similar to Aliexpress, but delivery is only within China, so an intermediary is needed to purchase.
If you have an acquaintance in China, then you are very lucky. Without any problems, you can order equipment to his address, and he will send it to you by international mail. If suddenly you do not have such an opportunity, then there are a lot of services on the Internet that act as an intermediary for the Taobao website. We will consider the example of the intermediary site yoybuy.com.
Purchasing principle:
- You find a product on the Taobao website and copy the link;
- Paste the link on the website of the intermediary youbay.com and click buy;
- Choose the characteristics of the product and click the "Add to Cart" button
- We pay with one of the available payment methods and wait for the parcel to arrive at the intermediary's warehouse.
- After the order arrives at the warehouse, we need to arrange the package and select a transport company.
- We pay the cost of delivery services and wait for the arrival of the parcel.
About the cost of delivery, the price is formed for each kilogram, i.e. if your order weighs 200 grams, then you will pay the same as for the delivery of 999 grams. So it is better to arrange parcels for whole kilograms. The approximate cost of delivery can be calculated on the calculator:
It is not uncommon for a purchase through an intermediary to be more expensive than buying from the same Aliexpress, but if you want to buy a lot of light goods, then it is more profitable to order through an intermediary.
Buy Xiaomi in Moscow at FoxPox.ru store
If you do not want to wait for a long delivery from China and live in Moscow, then you have a great chance to purchase Xiaomi equipment in the FoxPox.ru online store.
A very large selection of devices available (more than 600 items), convenient location right in the center of Moscow at the Pushkinskaya metro station (Moscow, Bolshaya Bronnaya st., 23, building 1, office 215) where you can touch any device and check its performance. A guarantee is provided for each product, and if suddenly it has already ended, there is the possibility of repairing devices.
If you don’t feel like going to the store, the store delivers goods in Moscow for only 220 rubles.
Buying Xiaomi from the official store Mi-shop.com
Not so long ago, or rather in 2016, the Smart Orange company appeared in Russia, which is part of the RDC Group holding.
The first joy of the appearance of an official dealer was replaced by disappointment - the assortment is extremely small, at exorbitant prices, which are 2 times higher than Aliexpress.
The decision to ban the import of Xiaomi goods by individuals, which was lobbied by one of the owners of the company, Arkady Yashkov (a member of the expert council at the Federal Customs Service of Russia), also added to the negative. For a while, Xiaomi phones were indeed deployed at customs, but under public pressure, this decree was canceled.
But let's put the negativity aside, because there are certain advantages: I came to the store, looked and felt the product and immediately bought it. The first impression when I visited the store was a large number of Xiaomi equipment that you can see live. TVs, smart devices, but you can only buy phones and related products, everything else was labeled "Coming soon".
For 2 years, the range has grown a little, but so far it has not even come close to the full number of positions. At the time of this writing, in the "Smart devices" section, there were only 21 products, and not everything was in stock.
When buying in the Mi-shop.com online store, or at official retail outlets, you get a full warranty on the purchased product. This is perhaps the main plus of buying from the officials. It is also nice not to wait a month for the delivery of goods, but to come and buy.
There are also a huge number of other online stores. Prices there are usually 2 times higher than in Chinese stores. But the goods may be in stock, which will allow you to quickly deliver the goods to the buyer. EPN cashback service, you can read about how to use it in.
Buying Xiaomi is different from buying any other household appliances, some experience is needed to purchase devices profitably and safely. But let's hope that the manufacturer and retailers will work on the quality of their work and the speed of delivery of goods.
The scandal around Russian customs and Xiaomi smartphones does not subside: more than 10 thousand people have already signed a petition against the ban on the import of devices. We will learn from experts whether the actions of the customs and the Xiaomi distributor are legitimate.
What happened?
In Russia, cases of delays at the customs of postal items with Xiaomi smartphones have become more frequent. People buy them from Chinese online stores, but the parcels do not go through customs. The reason is the appeal of the Xiaomi distributor in Russia (Smart Orange LLC): they own the rights to the XIAOMI trademark and declared all devices passing customs to be counterfeit. Therefore, customs prohibits the import of Xiaomi smartphones through mail.
According to rough estimates, more than a thousand Russians are faced with this situation.
Whose side is the law on: what the experts say
Hi-Tech Mail.Ru talked to lawyers about this situation and found out some interesting details. Experts reported that they had not heard of similar cases in other countries.
It is entirely possible that customs will be bombarded with lawsuits, since despite the completely legitimate claims of brand owners, according to the law of the Russian Federation, a material carrier can only be recognized as counterfeit by a court.
As Ivan Nikitenko, an intellectual rights lawyer, explained:
A material carrier can be recognized as counterfeit only by a court. That is, until the entry into force of the court decision, it is correct to consider the disputed goods as “goods with signs of counterfeit”. The concept itself is legal. Therefore, it is up to the court to decide.
Under Russian law, a product can only be recognized as counterfeit by a court decision.
However, the Head of the Moscow Human Rights Center, Mikhail Salkin, said that the actions of the distributor and Xiaomi are completely legal:
Customs has the right to do this - this is regulated by various laws, as well as agreements. Under Russian law, customs may require you to provide a document that authorizes you to use a trade or trademark in Russia.
Mikhail Salkin
Lawyer, head of the Moscow Human Rights Center
Lawyer Alexei Yegorov also called these actions legal:
The situation is indeed quite loud. However, from the point of view of the law, the distributor, alas, is right. He is the owner of the brand in Russia. This is supported by the decision of the FCS. Now, upon receipt of a smartphone, customs is obliged to send a request to the distributor, and he, of course, will answer that it is counterfeit. Therefore, Internet sites selling gray models can already be considered violators of Russian law. It is easier for them to agree with customs and send the order back than to have problems with the law. Well, or at least not to write that they sell a smartphone of this particular brand (this is just a trick, and not a legal way of selling).
Position of Xiaomi and Aliexpress
Hi-Tech Mail.Ru contacted the Xiaomi press service in Russia. to find out their attitude to this situation. They are aware of the situation with Russian customs and distributor:
Xiaomi is aware of the situation and is working with our partner RDC Group to resolve the issue. Our fans have always been the company's top priority.
Press service of Xiaomi in Russia
It should be noted that Aliexpress representatives declined to comment officially.
Is there a war with the “seryakom” coming?
So, Xiaomi smartphones are being held up at customs - this is annoying, but another question arises: will this become a trend? Other companies, such as Meizu or Apple, may also claim ownership of the brand and declare counterfeit all devices ordered from other countries. Then a large-scale war awaits us between official distributors and sellers of "gray" devices.
Customs' actions set a precedent for other companies. There are already reports that devices from Sony, Blackberry, Chuwi and some other companies have been “wrapped” in this way.
As Yuri Salkin said, such an outcome is quite possible. Customs services received new equipment that allows them to examine parcels without opening them. Therefore, there is a possibility that some iPhone ordered from an uncertified online store may also get stuck at the border. So far, there have been no such cases, but be careful.
So far, all cases have occurred in the Yekaterinburg and Orenburg customs, which is strange. For some reason, parcels with smartphones are not detained at Moscow customs and other cities. Perhaps so far only new equipment has been introduced there and it is being tested. So in the future, probably other customs will also begin to stop parcels with smartphones.
Why do people generally order equipment in China
The reason is simple - the price difference between the "white" and "gray" device reaches an average of 30-40%. Let's say Redmi Note 3 Pro in the Smart Orange store will cost you 13490 rubles. On Ali, a similar copy with global firmware is estimated at 8700-9500 rubles. In the upper price segment, the percentage difference is smaller, and in absolute terms it is higher - the “official” Mi Note 2 is given for almost 35 thousand rubles, and the “Chinese” costs 28,781.
"Wrap" at all points?
Not really. Among the indignant buyers, Yekaterinburg and especially Orenburg customs points are notorious. Users note that Xiaomi smartphones pass through Vnukovo almost without problems. A trend has also been noticed: several devices that arrived in Yekaterinburg in early May have been tested, but the ones from April are still lying around. Community subscriber Irina K. from a certain moment began to collect statistics - which smartphones passed the control, and which failed. From these data, it can be seen that a lot of devices hung tightly in Orenburg, and the “May” ones, no, no, and even leave Yekaterinburg:
Why did Smart Orange do this?
As in the case of consumers, suppliers are simply looking for their own benefit - "parallel" imports somehow hit the contents of the pocket. It is problematic to calculate the volume of “left” deliveries, but, judging by the hype of the deceived investors, a certain percentage floated past the official importer. The senior vice president of Xiaomi himself spoke about the intentions to “strangle” gray smartphones at a presentation in Russia. Another thing is that such a step, it seems, was designed primarily for wholesalers - Internet shuttles, which they bought cheaper there, sold more expensive here. Alas, he hooked and ordinary users.
Will others do the same?
In this regard, the behavior of Meizu, a direct competitor of Xiaomi for the attention of the Russian consumer, is indicative. Meizu also has a representative office in the Russian Federation, but no one is fighting the flow of gray imports - apparently, they want to drown it out not with bans, but with service and other advantages of "white" smartphones.
But there are also opposite examples, moreover, from the well-known Sony company. The story about a guy from Surgut who ordered a PS4 Slim in Germany and received a fine has recently spread all over the Internet - but it’s more about the imperfection of the bureaucratic system: the new “slim” simply did not have time to register in the database of notifications about the characteristics of encryption tools and goods. But the story that an employee of the press service of the Khabarovsk customs told to AmurMedia deserves close attention:
“There was a precedent when we turned back a package with a Sony PlayStation, because the copyright holder said that he did not give permission for import,” Victoria Aleshina, press service of the customs office of the Khabarovsk Territory.
Victoria clarified that if a product is found in the parcel that is included in the list of Rospatent, then a request is sent to the copyright holder whether he gave permission for import. If the manufacturer refuses, the goods are returned to the seller. Judging by customer reviews, Sony is now adhering to just such tactics.
Ok, I bought a smartphone and it got stuck in customs, what should I do?
Strictly speaking, you have two options. Of these, only one is capable of leading to a satisfactory solution to your local problem.
Option 1. To sue the FCS, which is long and dreary. Even in the case of a successful outcome, the trial may last more than one year. By that time, the smartphone will lose its relevance. Plus, the overhead costs of litigation should be taken into account.
Option 2. Try to get money back. This option is preferable at least because there are successful precedents. For a refund, you need to make a request to the customs office about the reasons for the return, then open a dispute and attach a scan of the answer there, explaining that the transport company returned the goods.
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No matter how many obstacles officials create. Most recently, a resident of Surgut was charged with an administrative violation for importing a Sony Playstation-4 game console. And all due to the fact that the set-top box can access the Internet using encryption (cryptographic) means. It would seem that this is absurd, but it turned out that there are things even more absurd.
At the end of April 2017, customs began to unpack packages with Xiaomi (Xiaomi) products, justifying this with counterfeit products. In fact, of course, there is no counterfeit. Parallel imports are summed up under this article, when products are supplied not only by official importers. The justification is the illegal use of the Xiaomi trademark. If earlier the ban on parallel imports applied only to goods and services for sale, now it suddenly began to apply to the importation of goods for personal use by individuals.
The legality of customs actions raises questions. Moreover, goods supplied for commercial purposes are recognized as counterfeit by a court decision, while parcels with Xiaomi goods for individuals coming from abroad are simply turned back by customs.
The Federal Customs Service of Russia maintains a register of intellectual property objects. Customs authorities may suspend the release of goods that violate intellectual property rights, including the right to use trademarks. In the case of parcels for individuals, the FCS independently determines the signs of counterfeit products, based on the data of the copyright holder.
The letter of the Federal Customs Service of Russia dated March 15, 2017 N 14-40 / 12293 "On the XIAOMI trademark" indicates measures to protect the Xiaomi trademark. Beijing Xiaomi Technology Co., Ltd is listed as the owner of the Xiaomi trademark, and the following are listed as official importers:
- LLC "SMART ORANGE"
- OOO "MIKSTEH"
- LLC "Retentiva Distribution Company"
- LLC "Consul"
To such actions of official Xiaomi importers, I have one answer - a complete boycott of the products of this company. Paying Russian sellers 2 times more for Xiaomi smartphones does not make any sense. Yes, and ignoring the problem will soon lead to a complete ban on the parallel import of electronics in international mail (IGO). The same iPhone, Sony and Nokia trademarks are in the same intellectual property registry.
