In a household goods store, the following incident occurred: the buyer bought an expensive chandelier, paid for it, and the seller packed the chandelier in a box, rewound the box with electrical tape so that the box got a kind of "handle" for which the box could be carried. Since the chandelier was quite heavy, the seller suggested tying the box with a rope for reliability. But the buyer refused, they say, and so it will come off, accepted the box with the chandelier and carried it to the exit. However, no sooner had the customer left the store than the homemade handle broke off and the box fell. Upon examination of the chandelier, it turned out that some of the plafonds had broken. The buyer began to demand from the seller a refund for the chandelier. When the seller refused, the buyer threatened him with going to court. Such cases are not uncommon in practice, how can the seller protect himself?
Instructions
Step 1
First, you need to understand that you should not take any legal action yourself. Perhaps the buyer will change his mind to go to court or simply "blackmail" the seller by threatening to appeal to the court, since, as you know, in our country legislation on consumer protection contains many consumer rights, and sellers are left with mainly only obligations.
Step 2
Secondly, civil law connects the transfer to the buyer of the risk of accidental loss or accidental damage to the goods with the moment when the seller fulfilled his obligation to transfer the goods to the buyer. That is, in this case, from the moment the box with the chandelier passed into the hands of the buyer, he is obliged to take care of the safety of the chandelier, and the seller is no longer responsible for damage or loss of the chandelier (Article 459 of the Civil Code of the Russian Federation).
Step 3
Thirdly, in case the seller does go to court, you need to stock up on testimony. So, for example, other sellers or shop visitors will be able to confirm in court at what point the goods were damaged.
Step 4
Fourth, for any official actions of the buyer: appeal to the society for the protection of consumer rights, to the court, it is necessary to formulate your position in writing in the form of a response to the buyer's statement.
