Consumers Need To Be Cautious In Shopping; &Nbsp, Please Watch Out For The Ten "Overlord Treaty".

Yesterday, Xi'an City

1, shopping gifts do not enjoy "three packages".

Case: Ms. Lin bought a soya bean milk machine for 299 yuan and got a small fan.

Less than a month ago, the fan broke down and could be repaired. The shop owner said, "the gift will not be changed or repaired."

Comment: all kinds of promotional activities held in the mall have actually pferred the cost of the gift to the merchandise sold.

This "gift" is a voluntary gift based on the obligation of consumers to perform payment and purchase of commodities.

Businesses should bear the "Three Guarantees" responsibility for prizes and gifts.

Similarly, the "special price" goods are not "processed goods", but also should be implemented "Three Guarantees".

2. Do not pay management fee property to stop water and electricity

Case: a Property Management Company outside the rosefinch has cut off the water and electricity supply of the owner due to the owner's unpaid health charges.

Comment:

3, merchandise return required packing box intact.

Case: Mr. Liu bought a mobile phone at the end of last year. Who knows, just after a few days, the mobile phone appeared a black screen phenomenon.

When he found a businessman asking for a new machine, the businessman did not exchange it for the reason that there was no external box.

Comment: there is no legal basis for businessmen or manufacturers to set the "packing boxes for returning products", so long as the goods meet the requirements of the "three package", the operator can not refuse to undertake the obligation.

4, the elderly tour group pay more tour fees

Case: Ms. Huang is going to travel to Southeast Asia with her 62 year old father. She inquired about the outbound travel routes of several travel agencies, but found that every elderly person over 60 years old had to pay 600 yuan more.

In response, the travel agency said it was aimed at the low purchasing power of the elderly, and it was also a government act.

Comment: travel agencies provide the same services for outbound tourists, but they classify the consumers according to age, and impose unequal price treatment. This kind of price increase tourism obviously exists consumption discrimination, which is an "unfair clause".

It is illegal to charge extra fees, and tourists have the right to refuse compulsory paction.

5, lost property store refused

Case: Zhang Ting and her boyfriend came to a shopping mall on the South Street to store their bags. After shopping, they found that there was nothing left in the storage box.

Although there are mobile phones, wallets and other things in the bag, the shopping mall shows that it is free of charge and unwilling to pay for it.

Comments: supermarkets set up free storage bags, is a way to attract consumers to come shopping, shopping malls have increased the potential interests of customers, so this service is actually a paid service, supermarkets should bear the responsibility of keeping, and bear the responsibility of compensation for damage caused by improper safekeeping.

6. The right of final interpretation belongs to businesses.

Case: Shop discount dinner half off discount, but does not contain seafood, drinks; shampoo buy one get one, actually sent a key button.

Once consumer disputes arise, businesses always shirk their responsibilities by retaining the "final interpretation right" as a shield.

Comment: "consumer law" stipulates that operators shall not make unfair and unreasonable provisions to consumers in the form of contracts, notices, statements, shop announcements, etc.

Therefore, when a businessman's interpretation is in line with the principle of good faith and is in line with the general understanding of consumers, it has legal effect; when the interpretation of the business deliberately conceals the facts and gives consumers a major misunderstanding, it has no legal effect.

When disputes arise between consumers and businesses for the "final interpretation right", the judiciary shall explain them in accordance with the law.

7, business playground accident is not responsible

Case: in June last year, Ms. Huang came to a restaurant with her 4 year old son. While his son was fighting to play in the free play area, he unfortunately fell off the slide.

The restaurant refused to pay compensation for the shop announcement that "children are playing here and the accident is not responsible for this shop".

Comment: at present, some large shopping malls and supermarkets have provided amusement parks for children, in order to provide convenience for parents with children.

But once an accident happens, businesses will avoid the obligation of the law.

According to the provisions of consumer law, consumers are entitled to compensation for their personal and property safety when purchasing, using goods and receiving services.

8, special goods will not be replaced.

Case: Ms. Mu has just bought a diamond necklace in the shopping mall, but she did not go home and found that there was a tiny crack at the interface.

When Ms Mu rushed back to the mall to change her goods, the mall said it would not be replaced according to the industry practice.

Commented: tobacco, jewelry, jade, gold and silver jewelry are listed among the special commodities of merchants.

However, special commodities are also commodities, and businesses should bear the responsibility of returning goods according to "consumer law".

If the goods are not returned after they leave the cabinet, they will avoid the warranty responsibility for the quality of their goods, which is contrary to the principle of good faith.

9, express lost only three times the freight.

Case: a trade company delivered goods through private couriers, but it was not thought that goods worth more than 1000 yuan were lost.

In this regard, the express company believes that according to the terms of service behind the waybill, it is agreed that the maximum price is three times the freight, which is only 45 yuan.

Comment: three times freight compensation is an unequal contract, and it is also a standard clause, which is invalid.

If the other party has no evidence to prove that the consumer has been clearly reminded, the claim can be made according to the actual loss.

10, shopping security check tickets.

Case: consumers in supermarket shopping have encountered the completion of accounts after supermarket staff check the shopping ticket.

Once goods are found not appearing on the shopping list, they will be forcibly detained.

Comment: shopping and going out for security check small ticket, infringe on the property rights and personal freedom of consumers.

Only the public authorities of the state can inspect the property and personal of citizens according to the law, and no other person or organization has such a power.