Warehouse Fire at a Marketplace

The Legal Foundation: Marketplaces Are Professional Custodians

When you transfer goods to a marketplace warehouse, a custodial relationship arises between you. The marketplace acts as a professional custodian under Article 901 of the Russian Civil Code — and bears responsibility for the safety of the property entrusted to it.

No version of the offer agreement can fully remove the platform’s liability for destroyed goods. The marketplace’s internal rules do not carry legal force superior to the Civil Code.

4 Myths That Benefit the Marketplaces

After warehouse fires, dangerous misconceptions spread among seller communities. Let’s address each one.

Myth 1. “The new offer mentions UAVs — that makes it an official force majeure”

Reality: adding a line to the offer agreement does not override the Civil Code. A UAV strike does not automatically release the marketplace from liability — especially if the facility had fire safety violations or improper storage conditions. Moreover, under Article 428 of the Civil Code, onerous terms in a standard-form contract (contract of adhesion) can be successfully challenged in court.

Myth 2. “We signed the offer, the rules changed — nothing can be done”

Reality: the law does not have retroactive effect (Article 425 of the Civil Code). If your goods were accepted at the warehouse before the new UAV-related offer terms came into force, the old storage rules apply to those goods. Applying force majeure “retroactively” is legally impossible.

Myth 3. “If we go to court, the marketplace will block our seller account”

Reality: blocking a seller for exercising their legal right to judicial protection is a direct path to Federal Antimonopoly Service (FAS) proceedings. Large platforms fear this outcome far more than individual property claims.

Myth 4. “Preferential rates and logistics discounts will cover the losses”

Reality: a 2–3% discount on future logistics will compensate for 3–5 million rubles in losses only at a turnover in the hundreds of millions. This is not compensation — it is an attempt to have you absorb another party’s losses at your own expense.

Force Majeure Must Be Proven, Not Simply Declared

The platform must prove in court that:

• the threat could not have been prevented,
• all fire safety requirements were complied with at the facility,
• there is no causal link between the marketplace’s conduct and the damage.

An emergency event alone does not release a professional custodian from liability. The burden of proof lies with the platform, not the seller.

What to Do Right Now

Judicial precedent on marketplace warehouse fires is being established right now. Those who accept “preferential terms” lock in their losses permanently. Those who begin systematic claims work can recover real compensation.

Four immediate actions:

1. Do not sign anything. Refuse agreements about “preferential conditions” that contain language about waiving claims. Read everything carefully before signing.

2. Document everything. Download from your seller dashboard all the records of goods at the affected warehouse before the data disappears. If your account is blocked, use API keys or have a notary certify the fact of the blockage.

3. Gather your primary documents. Prepare your universal transfer documents (UTD) and all records confirming the actual cost of your goods. Without source documents, a court cannot determine the amount of damage.

4. Check your delivery date. Did your goods arrive at the warehouse before or after the new UAV-related offer terms took effect? This is critically important for your legal position.

The Action Plan

1. Document your losses (UTDs, records, invoices).
2. File a formal claim with the marketplace demanding compensation.
3. Wait for rejection or no response (30 days).
4. File a claim in arbitration court.

For a 10-million-ruble claim, the court filing fee is approximately 325,000 rubles — but there are lawful mechanisms for deferral and reduction of these costs.

Read Also

• Legal Strategy for Marketplace Sellers After a Warehouse Fire: Four Tools That Work
• Warehouse Fire on a Russian Marketplace: 3 Steps to Preserve Evidence Before Data Disappears

If you were affected by a warehouse fire and the marketplace is offering discounts instead of real compensation, contact us for a legal assessment of your situation. We will review delivery dates, analyze your documents, and determine your realistic prospects for recovering actual damages.