How to protect your rights in a supermarket
Right / / December 24, 2019
1. You broke the goods
You go down the aisle between the rows of the goods and abusive bottle olive oil bag. The vessel falls and breaks. clerk says you have to pay for damaged goods.
What to do
According to lawArticle 211 of the Civil Code, The risk of accidental loss or damage to property carries its owner. So while you do not pay for the goods, you do not need to store. But only in the event that broke something by accident.
Accidental damage and damage caused by negligence - not the same thing.
When you do not calculate the forces, took up in the hands of too many bottles, and one slipped on the tile floor, it is completely your fault. For damaged goods will have to pay. And the more fair to store the requirement to compensate for damage when you break something on purpose.
If you think you are not guilty, the shop can demand compensation through the courts. But keep you in supermarket They have no right to. If this happens, call the police.
2. Your child broke the goods
As long as you carefully read the label cans canned peas, your child has decided that bank round with pickles is perfect for the role of a soccer ball. But sports equipment did not survive the test. The floor in the ruins, the baby crying, the seller in anger.
What to do
According to lawSC Code Article 63, Parents are obliged to look after children and are obligedArticle 1073 of the Civil Code to pay for the damage caused by them. Therefore, if a child is hurt or in the store, will have to pay for it.
The best option - to pay damages in place and fixed in the agreement on the settlement of damages or to pay for goods at the checkout.
Orest Matza, a leading lawyer of the European Law Service
According to the lawyer, there are often differences between the parents and the store about the size of the damage. In this case, you need to offer to fix the circumstances of the incident on a photo or video and resolve the issue through negotiations with the leadership of the trade object, or in court. It should be borne in mind that in the second case, the parents will have to compensate for the costs and expenses.
3. You are forced to leave the bag in the storage room
You come back from campaign Tourist backpack and decide to go to the supermarket to buy bread. But the guard says that will not let you until you leave the bag in the storage room.
What to do
Inviting leave the bag in the chamber, the supermarket offers to conclude a storage contract things in exchange for the key with numbers. And you can refuseArticle 421 of the Civil Code - make you nobody has the right.
If you are not allowed into the store with a bag, it violates your right to make a purchase. Choose whom to sell the product, and who does not, for illegally supermarketArticle 426 of the Civil Code. Record of abuse should be left in the book of complaints and suggestions, take a picture of it and apply to the Federal Service.
4. From storage stole your bag
You passed the backpack in a locker and did not find him there when we returned. Protection and administration of shop show on the plate, where it is written that the employee responsible for the contents of the cells are not, and refuse to talk.
What to do
Such tablets are illegal: as soon as you put the bag in a locker and takes the key with a number between you and the shop there are legal. On this basis, the trading entity undertakes to keep the thing a buyer and get her back safely.
Shop must reimburse the buyer the losses caused the theft of his bag and its contents. The victim can also file a claim for compensation for damage caused to the moral.
Vladislav Warsaw, managing partner of law firm "Warsaw and partners"
Warsaw also advises to apply to open a criminal investigation into the theft to the police
5. You are suspected of stealing and trying to watch
You went to the store for feijoa jam, but he was not there, so we had to leave without buying. At the exit you stop security, he says that he suspects you of stealing, and offers to go to a separate room for the inspection of things.
What to do
Check the contents of your bags and spend Personal inspection Only the police. The employees of the store there is no such law.
Orest Matza, a leading lawyer of the European Law ServiceIf store security officer exceeds the authority, to warn him of the criminal liability for arbitrariness and unlawful imprisonment. The use of force will add to the list of violations of the beatings.
The expert recommends that attract the attention of the witnesses and ask them to record everything on video. Take their phone numbers so they could witness the offense. And, of course, it stands on its own to call the police to stop the arbitrary protection.
6. The price of goods at the cash register does not match the price tag
You took from the shelf a bottle of liquor for attractive price and joyfully bears the cashier. But they are trying to sell the drink for 500 rubles more. You say that the other value was specified on the price list. But the cashier claims that it did not have time to change, and the system is already everything is different.
What to do
The seller must provide timely, accurate information to the consumer about the product, and the price refers to the data. If on the shelf with the product worth the price tag, it is recognized as a public offer.
Vladislav Warsaw, managing partner of law firm "Warsaw and partners"The seller is obliged to sell the product is the price indicated in the offer that is on the price tag. A sale at a higher price accounting is classified as a consumer.
It is better to take a picture of the price tag, so that you have proof of your innocence. This will facilitate the understanding in conversation with the store owner and provide proof in court if a supermarket refused to act according to the law.
7. In the check once the goods
You pay for the purchase, and you can see that in the check breached a product you did not take.
What to do
Please refer to the cashier, he will issue a refund. If the clerk refuses to do this, start with a written complaint to the store owner. At this stage, enlist the support of witnesses to help prove the case.
Usually, the money is returned, but if the situation comes to a standstill, write a complaint to the Federal Service. Enclose a check photos, shopping and a written complaint to the cashier.
8. You bought damaged goods
You very much want to eat, we went to the store, buy drinking yogurt, Take a drink and terribly upset. In the bottle instead of fermented milk some cereals, and drink it is impossible. With the shelf life is all right.
What to do
Require replacement goods in the same or refund. In this case, you have to give back the defective product.
Orest Matza, a leading lawyer of the European Law ServiceIf the seller refuses, the buyer can complain about the corrupt sale of goods in the Federal Service and to apply to the court for a refund or replacement of goods.
Before this claim with the store management in writing, to be subsequently proof treatment.
9. You are not allowed to shop
You walk with the baby. The child is asleep, and you decided to run quickly to the supermarket to buy milk. But with the stroller to the store you are not allowed. Baby wake up and get out of the stroller do not want to, and scary to leave vehicles unattended.
What to do
Usually the guards refer to some local regulations that forbid anyone to go to the supermarket. But such documents shall be available only to employees. Such bans violate the rightArticle 426 of the Civil Code consumer to purchase goods. Writing about it is worth keeping in the book reviews and suggestions outlet.
Vladislav Warsaw, managing partner of law firm "Warsaw and partners"As for baby carriages, are a special case. People with this transportation related to people with limited mobility. Store representatives prohibiting passage with baby carriages, put these groups at a disadvantage, which is prohibited by law.
10. The cashier refused to accept small change
You paid off in a minibus five thousandth denomination, and gave you surrender trifle. Coins you would like to make payment at the checkout at the supermarket, but the seller is looking at you with contempt, he refuses to accept the change and asks for "good money".
What to do
Remind cashier that it is illegalFederal law from 10.07.2002 N 86-FZ (ed. from 23.04.2018) "On the Central Bank of Russian Federation (Bank of Russia)" . Coins are unconditional means of payment, and you are obliged to accept them in exchange for a product or service.
If the seller refuses, ask for the book reviews and suggestions, make a record of the violation, take photos of it and contact the Federal Service.
11. The cashier does not sell the product, as it does not surrender
You come into the store with a thousandth bills and bought a chocolate bar for 30 rubles. The cashier said that the date is not present, so it can not sell you anything. A chocolate like.
What to do
The seller does not have the legal right to refuse the buyer to sell the goods.
Orest Matza, a leading lawyer of the European Law ServiceJust saying that you will not sell the goods because of the lack of delivery, the cashier in breach of Article 426 of the Civil Code. By law, the store should cater to everyone who applies to them for the product and try to exchange it for the money.
If you are still turned down, write about it in the book reviews and suggestions fix the fact of the complaint (for example, take a picture of the page with the record) and contact the Federal Service.
12. clerk is rude to you
The seller let comments about your food basket content, accuses you of what you specifically chose the dirty sack of potatoes and rude. Do you doubt whether it is a violation of consumer rights, and do not know how to put it into place.
What to do
Rudeness of the seller or the cashier is really a violation of consumer rights. Buyer must keep a record of it in the book reviews and suggestions.
Vladislav Warsaw, managing partner of law firm "Warsaw and partners"It is advisable to write a complaint to the seller in the shop administration. In this case, the leadership will be required to bring it to the disciplinary action.
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