“The administration of the establishment is not responsible for things and valuables left in the wardrobe” - how often do we come across similar announcements in theaters, cinemas and other establishments where being in outerwear is bad manners and, willy-nilly, you have to hand things over to the wardrobe. A similar situation arises at the entrance to a supermarket, where a not always polite security guard in an imperious manner will demand that you leave your bag in the bag room, which also bears an announcement about the supermarket’s complete impunity. It would seem that there is an ambush on all sides: you want to eat, and there is no desire to leave things to such a “guardian”. However, not everything is so bad, and there is still a chance to defend your rights.
I would like to make a reservation right away. If you are handing over any item to free storage, be it an institutional wardrobe, a supermarket bag room or a closed parking lot of a shopping center, then in case of theft or damage to your property there is no point in appealing to the Law “On the Protection of Consumer Rights”, which does not regulate gratuitous transactions, which is what we transfer for gratuitous storage of an item . In this case, it is necessary to be guided by Chap. 47 Civil Code of the Russian Federation “Storage”. Based on its provisions, we will determine the procedure for dealing with such situations.
So, if your item is stolen or damaged:
1. We immediately invite the administrator of the trading floor or establishment (other management simply may not be available, especially in the evening and at night) and call the police. We need the police not to find stolen property - you can forget about that, but to record the fact of theft. And let your appeal not subsequently result in a criminal case, but in the case of recovery of the amount of damage caused, you will have additional evidence in the form of inspection reports of the scene of the incident, explanations from you, the administrator and witnesses.
2. If the administrator tells you that his organization does not bear any responsibility, as the announcement warned you about, then you should not pay attention to his words. The presence of this announcement does not relieve the organization of responsibility for loss or damage to the property entrusted to it (Article 901 of the Civil Code of the Russian Federation). Don't waste precious time trying to prove the administrator wrong. Instead, take the next step.
3. Prepare a letter (claim) addressed to the head of the organization describing the situation, your indignation about this and demanding compensation for the cost of the stolen property, as well as indicating the period within which the organization should satisfy your demands. In this case, there is no need to refer to specific legal norms, unless you are a professional lawyer and do not want to show off your knowledge in the field of jurisprudence. The letter (claim) is drawn up in two copies, one of which is handed over to the administrator against signature. A receipt implies an indication of the date of receipt of the letter, the position of the person who received it, his signature and a transcript of the signature on the second copy, which remains with you. If you're lucky, you might also get the organization's seal on it. If they refuse to accept letters or complaints from you, it doesn’t matter. Go to the nearest post office and send it (her) by registered mail with notification and a list of attachments. Why do you need an inventory of investments? So that they don’t later tell you that they received a blank sheet of paper from you. In the list of attachments, you indicate in detail all the details of your letter. The postal employee checks the contents of the envelope with what is indicated in the inventory, and, if everything is correct, puts a stamp. One copy of the inventory is placed in an envelope, the second remains with you. Take care of it, it can be very useful to you. Now all you have to do is wait until you receive notification that your shipment has been delivered.
4. After the time specified in the letter has passed, if there is no response from the organization or the response is not satisfactory to you, you have the right to go to court.
5. It is now necessary to evaluate the available evidence. At the time of filing the claim, we have: registration data of your application (no one will give you copies of protocols and explanations, because they are not obliged) and a copy of the letter (claim). All that remains is to prove the extent of the damage caused. This is where the main difficulties await us. How to prove the value of stolen property? This is possible in several ways.
The first and simplest, but unreliable, is witness testimony. Witnesses at the court hearing report that they were either present when the item was purchased, or gave it as a gift, etc. Its unreliability lies in the fact that the judge, when assessing the evidence, may be critical of it and not take it into account as a result of the refusal to satisfy the claim.
The second method is written evidence. In our case, these include cash and sales receipts, loan agreements (if the item was purchased on credit), etc. The third method is examination. It is used only when the item is damaged and it is possible to assess the degree of this damage. For this purpose, you can file a petition, or the court, on its own initiative, will order the so-called. commodity examination, which will help the court determine the amount of damage.
6. When filing a claim in court, you must base your position on the following arguments:
- a free storage agreement was actually concluded between you and the organization ().
These changes, in particular, concern the policy of returning stolen items to their original owner: from now on, stolen items cannot be returned.
Valve motivated their decision this way:
“Our community sets its own price for an item, which is partly determined by the scarcity of that item on the market. If more copies of an item are added to the economy through inventory rollbacks, the value of all other copies will be reduced.
We sympathize with people who have fallen victim to scammers, but we provide enough information on our website and through the exchange system to help users make the right decision. Deception can always be avoided."
Despite this, victims of scammers can still file complaints against their abusers. In this case, if there is sufficient evidence, the fraudster’s account may be banned for all exchange and trading operations (Trade Ban). If a fraudster stole someone else’s account, from which he fraudulently took possession of other people’s items or accounts, then this account will be frozen in this case until such time as possible. Steam support will not contact its true owner.
More detailed information is available in the FAQ on the official website, the link is provided below. There you will also find a description of many methods of deception, as well as instructions explaining step by step how to send a complaint against a scammer. We strongly recommend that you familiarize yourself with the information provided so as not to fall for the bait of deceivers.
If you discover a theft, the first thing you need to do is go to the police station where the theft occurred and write a statement. They must accept it (according to Article 144 of the Criminal Code of the Russian Federation), or give a written refusal, with which you can contact the prosecutor’s office.
In your statement, try to describe in detail the stolen items, their distinctive features, cost, defects, attach photos you have or, for example, receipts and documents for the stolen equipment.
After this, you can try to look for your property yourself, for example, in nearby second-hand stores, stalls selling used equipment, and even from barkers inviting you to buy equipment on the cheap.
Advice: if the equipment is stolen, and you do not have the receipt and do not remember the serial number of the product, they will try to help you in the store where you made the purchase, and you may need a box, a warranty card, and also (required) a passport or other identification personality. If you do not have any physical evidence of the purchase, you can try to restore the data using indirect evidence, such as the date of purchase, amount, technical characteristics, and other data at the discretion of the store manager.
Your actions directly in the commission store
When going to thrift stores, you should not announce at the door that you are looking for things stolen from you - in this case, they can quickly “disappear” from the counter.
If you have already discovered stolen items in a store, then simply making a fuss and demanding your property from the seller is a rather futile exercise.
First, make sure that these are your things: compare the serial numbers (if it is equipment), find out when the goods were handed over for consignment, ask the seller to “put aside” the goods so that he does not have time to sell it to another person.
You should return to the store directly in company with representatives of law enforcement agencies, who will ask the seller to show the agreement that was drawn up when handing over the goods for commission.
In the presence of the police, you will need to prove that the found item belongs to you. A statement describing the stolen property, receipts, invoices, photographs - all this is proof that you are the owner of the property. If you have already filed a police report, you simply need to notify the investigator assigned to your case about your findings. It’s okay if you haven’t submitted an application yet - it will be accepted in any case, and your personal “investigation” will make the task easier for the investigators.
If the store refuses to return your property, the police will draw up a protocol, on the basis of which the case will be referred to trial (Articles 301-303 of the Civil Code of the Russian Federation, Articles 160, 175 of the Criminal Code of the Russian Federation).
The woman was walking home from the library, transiting through the store. She came, left her things in the locker, did some shopping, and left. It turned out that in such a short time someone had been in the cell. There were no personal belongings left. Together with her husband, the woman tried to receive compensation immediately. The store director suggested waiting for the police's decision. A conflict has arisen. A lawyer comments on it.
“It’s unlikely that anyone will reimburse you”
The victim's husband speaks.
- My wife went to the library and took a book. I came to the Vitalur store. I left the bag in the locker; there were minimal products there. I bought some goods. I returned to the cell, and it was opened.
The woman turned to the administrator.
“She said, let’s resolve the issue amicably.” The wife indicated the price of the issue at 20 rubles. But the director said that the store would not pay.
The woman called the police.
- We looked at the recordings from CCTV cameras. A woman opened two drawers with one key. She took hers, took someone else’s, and left.
We called the director.
“She offered to come to her, resolve the conflict amicably, and sort out the money. When we arrived, the director said that she had changed her mind. Like, I contacted the lawyers, we won’t return anything, let the police deal with this issue.
- They told me the same thing. In the spirit of don't waste your time or mine. It is unlikely that anyone will reimburse you. The complaint lies with the police, so let them sort it out. This is such a wall of misunderstanding. This is what's going on in our stores. Nothing is protected there. It's not about these 20 rubles, but about the general situation.
“I have to give this money out of my own pocket.”
Here is the store director's opinion.
- The girl left her things in the locker. When I returned, it had been opened by someone else. Things were taken. The guards looked at the cameras. It was clear that some old woman came with a key, opened the locker and took other people's things. The police assumed that one day the woman came and took the key. When we see that the cell is without a key, we take out additional ones. But the castle is the same. Apparently, the fraud went well. Now the police are looking into this matter.
- And how to control these keys? It's very easy to take them away.
- Very difficult. You understand the flow of people in grocery stores. However, I think the girl’s actions are not very correct. She demands 20 rubles. The point is not that I feel sorry for that kind of money. But I have to pay them out of my own pocket. That’s why I said that we will somehow resolve this issue after the police sort it out. Moreover, that woman was pierced. She paid with our card.
“I told the girl: “How can I give the money if I don’t even know what was in your package?” She replied that there was a minimum set of products and a book from the library. She called the library and found out how much the book cost. They said it was around 10 rubles. “So you can declare 50 rubles, 1000, or whatever you like. So, do I need to reimburse them from my own pocket?” That’s why she suggested waiting for the police to act. The girl came today and said that she would go to court. I replied that it was her right.
- The husband says that you initially offered to reimburse this money, and then changed your mind.
“I invited you to talk and at the meeting I suggested waiting for the police to act.”
- Is the store administration responsible for the items in the cells?
- Security works more on the hall and monitors the safety of products. But we do not abdicate our responsibility. In any case, the cells are in our store. Customers come here and we want to make sure they feel comfortable.
“You can go to court to protect your rights”
What about the law? Lawyer Tatiana Revinskaya comments.
- In accordance with clause 20 of the Rules for the sale of certain goods and catering, approved by the resolution of the Council of Ministers of the Republic of Belarus (as amended on October 17, 2016) - to ensure the safety of the buyer’s belongings (shopping bags, packages, briefcases and other large items), the seller must create appropriate conditions. The seller has no right to prevent buyers from entering the sales area with the buyer’s belongings.
Thus, if the store has created conditions for customers to store things - storage rooms, then their presence means that the store is ready to enter into a free storage agreement with you.
By leaving things in the storage room, you agree to this offer and enter into a corresponding agreement. At the same time, according to paragraph 2 of Art. 393 of the Civil Code of the Republic of Belarus, a gratuitous agreement is recognized as an agreement under which one party undertakes to provide something to the other party without receiving payment or other counter-provision from it.
However, no one has the right to prohibit you from entering the sales area with your belongings or making purchases in the store. You decide whether to use the basket and trolley or go without them.
If you nevertheless left things in the storage room, then in this case the store, acting as a custodian, is, as a general rule, responsible for the accepted things, namely: for the loss and shortage of things - in the amount of the cost of the lost or missing things; for damage to things - in the amount by which their value has decreased, as provided for in Articles 791, 792 of the Civil Code of the Republic of Belarus.
What to do if things go missing from the storage room?
- call the police, who will document the fact of the loss;
- try to keep the key with the locker number, which will serve as proof that you have concluded a storage agreement with the store and that you have used the locker (if it is impossible to leave the key, then you should record which locker the items were left in, for example, take a photograph of the locker itself, and a key with a number);
- write a claim to the store (a complaint in the book of complaints and suggestions) about causing material damage to you, indicating exactly what items were left and their cost.
- If the store refuses voluntary compensation for damage, and the result of the police consideration of the application does not suit you, then in this case, in order to protect your rights, you can go to court by presenting the relevant evidence, which may also include: witness statements, purchase receipts on the day things went missing, surveillance camera videos and more,- says the lawyer. - It should also be noted that the placement in retail facilities, public catering facilities and consumer services of a warning to citizens that “the administration is not responsible for things left in lockers (storage rooms)” does not comply with the requirements of current legislation.
Wanted woman
Let's go in order. We lived with our partner. When she talked about marriage, I insisted on a marriage contract, her ardent love faded away. (the marriage contract has not yet been drawn up) I bought everything, my apartment, my car, all the things - my purchases. (We lived together and therefore this is jointly acquired property, although she did not share her salary or were the things acquired before the joint relationship?)) Her salary I didn't see or need her. Before living together, I paid for the apartment where she and her child lived. (I paid at my own request) It turned out that she did not pay for the apartment, but spent the money on herself and her parents - she furnished their house with appliances and made repairs. I gave money in cash and transferred it from my card to her card. (I gave it and transferred it myself) She complained to me about the owners of the apartment. According to her, the owners kept increasing the rent for the apartment and did not want to register it. (I wanted you to register her with you) Due to the lack of registration, she and the child could not receive medical care or a place in kindergarten. I reported the owners of the apartment to the police. The owners kicked the girl out the door. (they shouldn’t have registered it) An answer came from the police and I learned the truth about the fraud with paying for the apartment. She lived through an acquaintance. I forgave her. She and her child moved to live with me. I bought a women's fur coat, but it was not a gift. Purchase with my card, I have the receipt. (where it was stated that you did not buy the fur coat for her, she lived with you and used the fur coat as intended for her, she wore it as an item of her clothing). The next day, in my absence, she moved out. She took with her a fur coat and household items: bedding, kitchen items, small furniture, small household appliances, books. I don't have receipts for household items. (if things were acquired at a time when you did not live together and did not maintain joint property, then depending on the damage caused, the secret theft of property is significant or not significant, whether there are passports for the property, witnesses who can testify that the things were). There is a receipt only for a fur coat. I started talking about marriage, but with the condition of a prenuptial agreement. (You understood that she was using you). She began to hint to me about what would happen if she stopped loving me. She had photos from corporate events hugging a man. She showed me these photographs “by chance.” And one fine day she threw a scandal. (proof of her not loving you).
, I got hit on the neck with a stool. There are other marks on her face and legs from her anger (it was necessary to record bodily injuries and go to the magistrates’ court or the police department, depending on the severity of the injuries), broken doors, torn my things.
(damage to property is again, depending on the amount of damage, an administrative offense or a criminal offense)
.The next day, in my absence, she moved out. She took with her a fur coat and household items: bedding, kitchen items, small furniture, small household appliances, books. I don't have receipts for household items. (if things were acquired at a time when you did not live together and did not maintain joint property, then depending on the damage caused, the secret theft of property is significant or not significant damage, are there passports for the property, witnesses who can testify that the things were. It’s already been a year I ask her to return the things. Six months ago she said that she would return everything if I bought her a phone. After buying the phone, she was told that the phone was not expensive enough and she would not return the things. The phone was bought by me using my bank card. There is no receipt. In telephone conversations and SMS messages, constant insults to me and my relatives. Threats of going to the police against me for stalking (similar to extortion because there are threats to report provocative facts about you, but you also bought the phone before the threats, as if of your own free will) If now her demands for property to be provided to her have not stopped, but still extortion