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How can I get the money back if the marketplace has not delivered the goods?

How can I get the money back if the marketplace has not delivered the goods?

The fire at the Ozon warehouse in the Moscow suburb of Istra occurred on August 3. According to the main investigative department of the IC in the Moscow region, the fire could have occurred due to a short circuit of electricity, safety violations, careless handling of other heat sources. The potential damage to the company from the fire may amount to more than 10 billion rubles, the All-Russian Union of Insurers has estimated.

Ozon assured that they would return money to both buyers and sellers for the goods that were lost during the fire. The editorial board of "Made in Russia" talked with lawyer Alexandra Gudimenko about what to do to customers in such cases, and about the procedure for returning orders and funds.

"Buyers definitely need to take into account that Ozon is not a seller, which means that it is necessary to look at the contract, what is written in it. Ozon has insurance. His management contacts the company to find out what payments are due to their insured business," Gudimenko said.

However, everything is not solved so quickly. According to her, after that, the insurance company needs to figure out whether this is an insured event or not, and what caused the fire - is it an emergency or a crime.

"It cannot be ruled out now that someone could intentionally harm the company. It is necessary to study the documents if arson is an insured event. If not, then in this case all sorts of claims and costs are presented to Ozon as directly to the culprit of this fire. To do this, the investigation must begin, end, identify the perpetrator, and civil lawsuits are filed within this framework," the lawyer noted.

What should ordinary customers do if their goods have not been delivered?If we are talking about protecting the rights of buyers, then all purchases in the marketplace are insured.

In this case, you will need to contact the insurance company and ask for a refund of the cost of this purchase or send a new copy.

"On marketplaces like Ozon, there are insurance services against non-delivery. But you need to look at the insurance rules that you have insured: late delivery, non-delivery in principle, loss. Here it is necessary to refer to the rules of insurance," the lawyer explained.

At the same time, she noted that the marketplace may have its own insured liability, and the buyer has its own. Everyone applies to their insurance company. In particular, the building of the burnt warehouse is insured in AlfaStrakhovanie, and the contents are insured in Ingosstrakh.

If nothing is insured (which is not the case of Ozon), you can make claims with a request to refund the cost of the order.

"The money is paid – reimburse. It is necessary to file a claim directly to the company so that they either deliver the same new product or compensate for the damage of the product that was destroyed. It's all easy to prove," Gudimenko said.

How to compensate for moral damageCompensation for moral damage in such cases can also be requested, but, according to the lawyer, it is not worth it.

"Moral damage is compensated in a very small amount. I'm afraid you'll spend a lot more on a lawyer than you can win. The court will not reimburse you for the cost of legal services. A lot depends here on what did not come to the buyer. A gift for a child's birthday or some kind of book. Yes, it's not pleasant, but it's not any deliberate actions. In such situations, the managers themselves have problems to the top, this is such a purely human moment. The time you have spent and the money for a lawyer will not be equal to the compensation received. I still advise you to turn to insurance in such cases. Or just to the marketplace, if there is no insurance: "I ask you to explain the procedure for returning funds for such and such a product" or how I can get a similar product or how I can return the funds," the expert explained.

Read more interesting news in our Telegram channelAuthor: Olga Paramonova

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