Do I have to pay for the goods laid in store Bashny.Net

Our expert on the protection of the rights of consumers Peter Samples answers the question whether at the store to pay for a product that accidentally dropped from the shelf, or toys that bright-eyed child managed to get out of the corporate box.

I've been there before. One day, I personally weighed the package with oranges – in our supermarket scales are automatic. Put them on a package, type the code orange (codes written next to the placard), and immediately POPs up a sticky piece of paper with the price. And here is the package I dropped. Do not worry – rose, brushed off the dust and weighed again.

And another time got some sort of "Sprat in tomato sauce" from the top shelf, and dumped the other three cans of Latvian sprats – that's unlucky sprats, their Onishchenko banned, they will drop on the floor! But nothing lifted and put back. Them nothing done. But if I bottle some brushed or glass jar touched his shoulder, or a bag of cereal dropped? Or the little boy broke the fragile plastic models? Beer and alcoholic beverages in Bulgarian" certainly will be broken, and Krupa all Wake up. Here runs the shop assistant and with her stalwart guard and demand to pay for everything. But I did it on purpose!

So, do I have to pay for ruined my product, if I wasn't even going to buy?

The answer to this question – just say negative, should not be sought in our traditional Law on consumer protection (ZZPP), and in the "more serious". This document is called the Civil code of the Russian Federation. And contains article 211, strictly and briefly States:

"The risk of accidental loss or accidental damage to property shall be borne by its owner unless otherwise provided by law or contract".

It would seem, that's all and nothing else to talk about. No contract with the store has not yet entered into such a contract, by the way, in a way is a cashier's check that you have not yet punched. Any law scattered barley is not provided, so don't have to pay. Even in order not to give the seller a false sense of victory!



But, as always, the law is one thing and practice is something else. The following situations are possible, despite the fact that the sellers know about the article 211 of the civil code.

1. The seller or even the store Manager requires to pay, under threat of calling the police (lying, don't believe), or hinting at standing guard. What to do? Safely let, you know the content articles of the civil code, and if you threaten, it will complain not even the CPS, and straight to the police, who are happy to give the course a win-win business and increase the clearance rate in his division – criminal threatening the life or health of the purchaser system and do not need, here it is.

2. The seller insists that you broke a jar of "Lecho in Bulgarian" on purpose. Nonsense, but what to do? In fact, because of the furniture store is likely to Balk and will not pester you will not, but if you broke expensive cognac "Hennessy" − can be and will be. Offer to present evidence, such as recording surveillance cameras – they are now almost everywhere. They will refuse. Or say that the saleswoman she had seen. And not let you out of the store. Then offer to call the police or themselves to call. Comes outfit, will look into it. However, it will take a lot of your time.

And if it turns out that there is not a record, but just the girl no one would believe the seller is subject to criminal (!) prosecution for illegal deduction person. Hint them about this, it will help.

3. The seller is in front of you waving a piece of paper called, for example, "Rules of service in the supermarket "Pious"" where is it written that you have to pay. Nonsense! Void this paper has not, this is not the civil code. That's what they tell me, and if they continue to act according to paragraphs 1 and 2.

Perhaps, this exhausts the possibilities of the store in violation of article 211 of the civil code. But there is one thing, and very important point, which, of course, not to you, the civilized to the buyer, and the type that was known to come to the store in a state of intoxication and broke there inadvertently a bottle of vodka. Here they are and the police will be pleased to call, accusing him of banal hooliganism and destruction of property. And camera observations is likely to take his wobbly gait. And they called the police takes their side, even though it was not in keeping with the spirit and essence of the article 211. And put it to 15 days or even more. Then it's better to pay. Better yet, visit the store sober – by the way, it contributes to the proper, it is a sober choice of purchase. A final note – all the above applies not only to grocery stores but to all others. Accidentally torn when fitting the dress, fell from the hands of the iPhone, broken the fall of the canister with machine oil – all subject to article 211 of the Civil code.

Source: domashniy.ru/