Wildberries has limited itself to fines for unfulfilled orders

Starting June 25, the Wildberries marketplace introduced restrictions on the calculation of fines for unfulfilled orders due to cancellation of delivery by the seller or cancellation by customers as a result of non-delivery of the order. commodity. The changes will affect sellers working on the Marketplace sales model. An announcement about changes to the list of fines appeared on the official Telegram channel “WB Partners”, which caught the attention of RB.RU.

The World Bank believes the updated approach to calculations will help reduce business costs for these types of fines.

Wildberries spoke in detail about the changes. Penalties for orders not completed in the last 31 days, including the current one, now cannot exceed 25% of sales minus returns from the previous 30 days. ⁠The exception is sellers whose total sales minus returns from the previous 30 days are less than 50 thousand rubles. In such cases, the upper threshold will be 12.5 thousand rubles. ⁠After reaching the threshold, each subsequent fine for an unfulfilled order will be 1 kopek.

“When calculating the upper threshold, we always take into account sales minus returns from the previous 30 days. For example, May 31 is the period from 01.05 to 30.05, and June 1 is the period from 02.05 to 05.31, and so on. It turns out that every day the period advances one day,” WB explained.

Wildberries published an example of fine calculation:

• Let’s say the seller’s sales for the previous 30 days minus returns amounted to 100 thousand rubles.
• This means that the threshold for calculating deductions for orders not executed for the last 31 days, including the current one, is 25 thousand rubles (25% of the amount in the first point).
• Let’s imagine that in this period of 31 days the seller has already been charged fines of 24 thousand rubles for unfulfilled orders. If you receive another fine of 2 thousand rubles, we will reduce it to 1 thousand rubles and each subsequent fine during this period will be 0.01 rubles.
• The upper threshold applies only to deductions for unfulfilled orders, but does not take into account the amount of fines that may be imposed for other violations.

BM informed that information on penalties for unexecuted orders can be found in the offer’s penalty list (clauses 14 and 26.1).

As RB.RU explains Chairman of the Board of AUREK Alexander Efimovamong the requirements of the Federal Antimonopoly Service of Russia to Wildberries as part of a warning about the presence of signs of violation of antimonopoly legislation, there was, among other things, a clause on fines for an unfulfilled order through the Marketplace system, in In particular, when a personal account was hacked.

“These fines are quite common on the purple market and sometimes come undeservedly to product sellers if, for example, the order arrived with a zero balance or the account was hacked,” Efimov explained.

Previously, the fine was 50% of the order value and was not limited, meaning it allowed the market to literally “seize” half of the proceeds from the sale of this product, Efimov explained. According to him, there is also a judicial practice regarding this type of fines, where the total amount of penalties amounts to hundreds of thousands of rubles.

“Now the World Bank has taken into account the criticism and has limited the fines to an upper threshold of 25% of sales in the last 30 days. If the threshold is reached, each subsequent fine will be 1 kopek. At the same time, paragraph 14 of the annex to the offer “List of fines” now contains a clause: in cases where the order was canceled by the seller or the seller refused to deliver it due to the fact that the order was placed during During the period of unauthorized access (clause 9.1.4) by a third party, no fine will be imposed,” the expert explained.

AUREK approved the introduced “thresholds” for fines, as this is a powerful step towards compliance with one of the key principles of civil law: the proportionality of liability to the consequences of the infringement.

According to Efimov, there are currently legislative initiatives aimed at limiting fines to a certain percentage of sales.

“Of course, no one will cancel all the fines and there must be some discipline to maintain discipline, because buyers are waiting for their products. However, it is important that these measures are increasingly appropriate and take into account all the nuances,” the expert concluded.

In June, Wildberries abolished fines for queuing at collection points. Previously received fines can be challenged, but sellers will receive warnings in their personal accounts, because “high-quality customer service” is important for the market.