Personally, I have not been able to break anything in the store, but I witnessed a similar oversight of other people. The administration demanded that the culprits reimburse the cost of the damaged goods. Let's figure out whether such a claim is legitimate or is it the initiative of the store itself.
What the law says
The Civil Code divides two concepts: accidental and intentional damage. If we are talking about the first option, then the compensation is at the expense of the owner, provided that the contract or other law does not provide otherwise. What does it mean? The guilty behavior of a smashing bottle, jar or grazing counter should be proven. Compensation is only necessary if the actions of the potential buyer were intentional. This must be confirmed by recording a video camera installed at a point of sale, witness testimony or other means.
What actions are deliberate:
- A counter or a specific product was damaged during a fight at a point of sale. Participants in the incident should be held accountable for broken items.
- The buyer deliberately throws bottles, jars or other goods on the floor during a scandal with store employees.
- A client who is intoxicated or intoxicated breaks the goods or dumps the counter.
- A potential buyer picked up a specific thing to pay at the checkout, but at the same time drops it. This should be confirmed by video recording from cameras or specific witnesses.
Accidental damage
Consider situations where there is absolutely no fault of the buyer:
- Narrow aisles between counters. Especially if they are lined with boxes or boxes of goods. This does not meet sanitary requirements. During movement, a person may catch the counter and cause damage.
- Unstable distribution of goods. Direct fault of sellers, if at the request of the buyer to take one can or a bottle drops a number of similar products.
- Slippery floor or any other random reason the buyer falls during which the selected product is broken.
We have listed the reasons that absolutely accurately indicate the absence of the need to pay for the damage caused.
What if this happened to you
If you do not see fault for yourself, but the administrator requires payment for the broken goods, you must perform the following steps:
- Keep calm. Remember, no one can demand instant compensation from you. You could smash expensive goods for which you have no money with you. Compensation for damage under the law is carried out in court. Be sure to remember this.
- Ask the seller or administration representative for the complaint book. Record in detail the incident, as well as your version of what and how happened and why you do not see your guilt in the damage to the goods. As a rule, already at this stage a confident buyer is left alone, especially if the cost of a broken item is insignificant.
- If this measure does not lead to a resolution of the conflict and the administrator continues to insist on damages, agree to the claim, but stipulate that you do this only by court order. Try to find two people on the trading floor who have seen what is happening and are ready to testify in your favor. Believe me, few store owners will go to court with a lawsuit. Most often, they just try to put pressure on the buyer, do not give in to this.
Additional legal advice
Remember, the contract between the buyer and seller in writing is not concluded.A person becomes the owner of the goods only after he has paid for it and received the check. Until this moment, he is not a buyer and is not responsible for the risks associated with the storage of goods. This is the prerogative of the owner of the retail outlet.
If you are faced with the rudeness of a security guard who does not let you out of the store, threatens and physically opposes the free exit, you do not need to lose your temper. The law is entirely on your side. Refer to Art. 203 of the Criminal Code, according to which he clearly exceeds his authority and can answer according to the law (punishment up to 7 years in prison).
Remember, you can always insist on calling the police, which will certainly be on your side if you declare your readiness to submit exclusively to a court decision.