What you need to know the visitor to the shop: answers to legal questions

1. Whether the store is responsible for the left in the chamber storage thing?

Article 891 of the Civil Code states:

Custodian shall take all the measures envisaged by the contract of storage in order to ensure the safety shall be deposited things.

It may seem that since the contract of storage you with the store did not conclude, the responsibility for your good, he will not carry. However, things are not so simple. Article 887 of the Civil Code states: "A simple written form of the storage contract shall be considered are respected, if the acceptance of things for storage is certified by the custodian of the issuance of the depositor: <...> numbered token (Rooms), another sign confirming acceptance of things for storage, if this form of the acknowledgment of things on the storage provided by the law or other legal act or common for this type of Storage. "

The fact that you leave things for safekeeping and takes with the key, it can be legally interpreted as the conclusion of the contract. In this case, the store is responsible for the safety of your belongings in the event of loss is required to compensate for your loss.

2. whether the buyer is obliged to take things for safekeeping?

Article 421 of the Civil Code states:

Citizens and legal entities are free to conclude a contract.

Thus, the store can not impose their will on you in the question of the conclusion of the storage contract. The guards may ask you to leave things. Require they have no right.

3. You accidentally spoiled goods until payment is complete. What to do?

It all depends on the circumstances.

To begin, you can ask the seller to show you proof that you did. If there is no video, and witnesses can only say that you were there with the goods at the time of its damage or destruction, but they did not pay attention to how it happened, the evidence from the store not. Stand on his own, because theoretically break the bottle could be wrong on the shelf (on the edge), and you just sneezed in her side, so she fell. If, nevertheless, it was not possible to portray an innocent lamb, and you have provided evidence of your guilt, the husband, the battle has just begun.

So, to get away from the water, you will need to turn a simple fact, "I dropped the bottle and it broke" in a situation of "bottle dropped, because ...". Indeed, Article 1064 of the Civil Code states:

The person who caused the damage, shall be exempt from compensation for damage if he proves that the damage inflicted is not his fault.

Next, find fault with everything, what you can: store wet floors, here you are, and slipped; the room is not ventilated, and you are from a lack of oxygen for a moment lost consciousness; around too dark, which is why you have not been able to calculate the trajectory of the hand movement.

The main thing - to show that the theory of wine can lie on the seller. Specialized knowledge that can help you be found in documents GOST 51773-2001 "Retail. Classification of enterprises "and SanPiN 2.3.5.021-94" Sanitary rules for food of sale. " Here are some of those provisions.

• The distance between the shelves should be at least 1.4 meters.
• The floors in the food outlets must be made of moisture resistant and moisture-proof materials approved for this purpose by the health authorities, have a smooth surface.
• All premises of food trade enterprises should be kept clean. Upon completion of the work must be carried out wet cleaning using detergent.
• Containers, inventory containers (carts, baskets), as well as cups and the weighing platform should be rinsed daily with detergent and dry.
• The noise level in the workplace and commercial premises on the territory of the enterprise should not exceed 80 dB.

Requirements for retailers very much. Schegolnuv knowledge about their abuse, you are sure to cool the ardor of Seller. In any case, continue to insist on payment of spoiled things he can only through the courts.

4. Does the store security guard has the right to search visitors?

It does not, it can only do the police. Rights and duties of the guards are regulated by the federal law "On private detective and security activity in the Russian Federation", which is said in the first article:

Citizens engaged in private detective and security activity, the laws that reinforce the legal status of law enforcement officers are not covered.

Thus, even if the guard is the assumption that you have something pulled, he has no right to detain you, because otherwise he would have to deal with Article 127 of the Criminal Code (illegal deprivation of liberty, is not related to his kidnapping). The guard can only call the police, you do not have to wait.

However, article 12 of the law "On private detective and security activity in the Russian Federation", states:

A person who commits an unlawful encroachment on the protected property may be detained as a security guard at the site of the offense and shall be promptly transferred to the Interior.

If you stole a bottle of ketchup and its contents dripping out of your sleeves, and the guard also managed to record on camera the moment of the theft, he has the right to detain you.

5. Can I go into a store with goods purchased in another?

Can. The presumption of innocence implies that if a store is not able to prove that the goods in your bag before lying on the shelves of the store, no one you do nothing. Another thing is that the situation is suspected, you may be in trouble. Therefore it is better simply to prevent someone else from the store personnel in advance.

6. Can the sellers at the box office to inspect the contents of the bag?

Not. As in the case of a search, the guards and sellers are not entitled to citizens inspection. All that they can do - is to call the police.

7. What if the price tag on the goods listed price is incorrect, and it is revealed only at the box office?

Demand (of course, if the difference is in your favor) to sell a product at a specified price.

On your side of the article 10 of the RF Law "On Protection of Consumers' Rights, according to which the seller has timely to provide the consumer with reliable information about the product, so that he could do the right choice.

If the price was incorrect, so when selecting a product you did not have accurate information about him. Consequently, the seller does not fulfill its obligations.

8. What if the buyer rights are violated?

It all depends on how big your indignation. You can leave a note in the book reviews and suggestions, write a complaint to the Federal Service, contact the police or the court for compensation for material or moral damage. But remember, there you will have to show proof of a violation of their rights.

9. Can the buyer does not give the book of complaints?

According to the law "On Protection of Consumer Rights", the seller must have book reviews and suggestions, which is provided by the customer on his request.

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Have you encountered any violation of their rights by members of the store? Tell us in the comments.