The strikes on Wildberries warehouses exposed the problem of compliance with the rights of sellers from southern Russia.
The signing of the offer with a force majeure clause just days before the strike on the Wildberries warehouse in Elektrostal, near Moscow, deprived sellers from the southern regions of Russia of hope for compensation for their losses. They complained that instead of compensation, the marketplace offered them discounts, data disappeared from their personal accounts, and their business was on the brink of liquidation.
As reported by "Caucasian Knot", today the authorities announced drone attacks on warehouse complexes in Krasnodar and Nevinnomyssk. The Telegram channel "Krasnodar Teletype" clarified that it concerns Wildberries warehouses. The channel administrator published several videos showing burning complexes with the Wildberries emblem. In one of the videos, an entrepreneur noted that sellers were ruined. The Investigative Committee reported the initiation of a criminal case regarding the terrorist act.
On the night of July 18, drones attacked the Wildberries logistics complex in Elektrostal, near Moscow. The fall of a drone on the warehouse territory led to a large fire. According to the authorities of the Moscow region, 57 people were injured there, one of whom later died, reported Interfax on July 18. Wildberries made changes to the offer, according to which the company is exempt from liability in case of force majeure, which includes the consequences of drone attacks, RBC noted on July 18.
Sellers from Dagestan and Chechnya reported the threat of bankruptcy after the attack on Wildberries
An employee of the Dagestani shoe factory Magomed complained about the losses of a local brand of natural leather shoes.
"We have been developing a leather shoe brand for five years. We started with a small workshop in Makhachkala, gradually expanded production, took loans, and invested over 10 million rubles in total. The warehouse in [Moscow region] Elektrostal was our main base for the autumn collection, where we shipped about 60% of our entire stock. In monetary terms, the losses amounted to at least four million rubles. For the family, this is a disaster, as all brothers are involved in the business, and the income supported three families," Magomed told a correspondent of "Caucasian Knot".
According to him, Wildberries sent a standard notification that a commission had been created.
"And that’s it. In the personal account, the data on the remaining stock in Elektrostal was simply reset, as if our goods had never been there. We didn’t have time to take screenshots. How the marketplace will calculate the amount based on cost or retail price, no one explains. The offer they rewrote just before the attack and removed their responsibility for force majeure from drones completely kills any hope," he noted.
Currently, sales have dropped by 70 percent, and there are no working capital, Magomed continued.
"We had to freeze the purchase of raw materials in Turkey for the winter collection. Our workshop in Makhachkala is now operating at half capacity; if we don’t find financing within a month, we will have to lay off the craftsmen and close production. Taking a new loan at current interest rates and without a guarantee that our goods won’t be blown up in an instant is just signing our own death warrant," he emphasized.
The seller of Muslim clothing, 29-year-old Patimat from Makhachkala, also spoke about her losses.
"I have been in business for three years. I started alone, at home on a sewing machine, then took a commercial loan. We invested about three million rubles in total. I had the entire summer batch in the warehouse. In total, it accounted for 30% of my assortment. The damage was recorded at 700 thousand rubles. The family budget was left with zero, as all current income went to pay off debts," she told a correspondent of "Caucasian Knot".
Wildberries offers discounts instead of compensation for losses, which, in her opinion, is mockery.
"No specifics. They offer some discounts on storage for 45 days and free transit, but what should I store if all the goods burned? We received no transparent compensation scheme from WB," Patimat emphasized.
She noted that she has practically nothing to sell.
"I have effectively suspended work; there is nothing to sell. I canceled the purchase of fabric for the new season. I borrowed money from relatives just to pay the salaries of two seamstresses for last month. If there is no support from the platform, I will have to declare bankruptcy and sell the equipment," she said.
The seller of men's sportswear from Grozny, Zelimkhan, said that he has been cooperating with Wildberries for four years.
"We started from scratch, invested not so much because we mainly imported from Turkey. Elektrostal was our main hub for supplies across Russia. About 35 percent of our products burned there. I lost about 1.5 million rubles," he told a correspondent of "Caucasian Knot".
The Wildberries administration sent general phrases about working on measures, noted Zelimkhan.
"But everyone understands that changing the offer just days before is not a coincidence. They preemptively covered themselves to write everything off as acts of force majeure. No numbers, no deadlines for payments have been mentioned. And the reports from the account have disappeared. This looks like an attempt to quietly cover up the real volumes of burned goods," the entrepreneur pointed out.
To maintain the business, a loan is needed; however, Zelimkhan noted that he is not ready for that.
"I cannot take another loan; it is a big risk. Now I am trying to sell off the remaining stock from the warehouse in Kazan to cover at least the most urgent debts. If the marketplace does not pay direct losses, the business will have to be completely closed," he explained.
Sellers from Krasnodar and Rostov-on-Don complained about the lack of support from the company
The seller of children's toys, 41-year-old Elena from Krasnodar, said that she and her husband opened a family business six years ago.
"We invested all our savings, totaling over three million rubles. Almost all our strategic stock before the school season was in the warehouse in Elektrostal, about 70 percent of all goods. The losses amounted to 1.2 million rubles. Our family income was wiped out in one day; we were left with two children and unpaid obligations to raw material suppliers," she noted to a correspondent of "Caucasian Knot".
The entrepreneur noted that she received a formal response from Wildberries.
"We asked for at least acts of write-off for tax purposes, but they show us an empty account. It is impossible to understand the mechanism for assessing damage. Will our margin be taken into account or only the cost price? They are silent. Lawyers say that the clause about drones in the new offer makes legal prospects murky. We are urgently looking for an investor or private loan, but at current interest rates, it is bondage. The business is on the brink of complete liquidation," Elena said.
The seller of auto goods, 38-year-old Sergey from Rostov-on-Don, said that he has been selling auto accessories for four years.
"I have invested about four million rubles of my own funds. We stored about 40 percent of the goods in the Elektrostal warehouse, but these were the most popular and expensive items. The damage is two million rubles. For our family, this was the only source of income; now we are left without working capital and with debts," he told a correspondent of "Caucasian Knot".
He noted that he received responses from Wildberries support without specifics.
"All responses from support are the same; they say, wait for official news. There is no understanding of the timing and amount of compensation. Meanwhile, on Ozon, where we also have goods, the cargo is at least insured, while on Wildberries, we were simply faced with the fact: it burned – your problem, read the updated contract. New purchases are completely canceled. To avoid closing down completely, we are trying to redirect sales to other platforms and work on the go, but volumes have dropped by 60 percent. We will have to take a loan," the entrepreneur noted.
A lawyer explained the procedure for claiming compensation from Wildberries
Attempts by the Wildberries marketplace to absolve itself of responsibility through sudden amendments to the offer regarding "force majeure during drone attacks" can be challenged in court, explained lawyer Patimat Abdullaeva.
According to Articles 209 and 891 of the Civil Code of the Russian Federation, the marketplace does not become the owner of the goods but acts as a custodian (or commission agent) who is obliged to ensure the full safety of the entrusted property. By law, it is the professional custodian who bears direct responsibility for the loss or damage of the goods. Attempts by marketplaces to absolve themselves of responsibility through sudden amendments to the offer regarding "force majeure during drone attacks" can easily be challenged in court, the lawyer explained.
"The very fact of an external attack does not exempt the company from payments if the fire spread due to negligence or violations of safety rules at the warehouse," Abdullaeva told a correspondent of "Caucasian Knot".
Entrepreneurs have the right to demand compensation for losses based on Articles 15, 393, and 902 of the Civil Code of the Russian Federation, she continued.
"The concept of losses in this case includes both actual damage and lost profit that the seller would have guaranteed received from selling the goods at current retail prices minus the platform's commission," Abdullaeva said.
Sellers need to document the remaining stock in their personal account, collect primary invoices, and send an official pre-trial claim to the marketplace. After 30 days from the date of sending the claim, entrepreneurs have the right to file a collective or individual lawsuit in the arbitration court for the forced recovery of compensation and the demand for write-off acts, the lawyer explained.
Translated automatically via OpenAI from https://www.kavkaz-uzel.eu/articles/425129




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