Mr Wang is in a net to buy TV of a LED in some cable business, sell the home to say to buy this TV to present the TV cabinet with a Wu Jinmu qualitative material in sales promotion, the price totals 11999 yuan. But the discovery after Mr Wang receives TV ark, TV ark is not black gold lumber is qualitative, however common plank and have flaw. Connection of Mr Wang immediately sells the home, sell the home to although not be black gold lumber is qualitative,say TV ark, but it is gift, guarantee repeatedly have no right to enjoy, reject to retreat goods or compensation consequently. Does the commodity gift that network business offers have quality problem to you can ask to offer compensation?
Beijing is filled with family attorney office Zhang Jiyuan's lawyer is analytic
In this case, the notion that sells the home is to not agree with apparently lawful law sets. The TV ark that the net buys can return money of course. Above all, basis " consumer rights and interests protects a law " the 23rd the 2nd regulation, operator of the quality state that with sample of specification of advertisement, product, objective other perhaps way indicates to commodity perhaps serves, the real quality that the commodity that ought to make sure its are offerred perhaps serves and the quality state conform to that make clear. The person that sell in this case expresses what material pledges clearly when sales promotion to TV ark is Wujinmu, but it is common plank actually, and existence quality flaw, the quality state that indicates with its apparently not conform to, belong to typical false conduct propaganda, consumer can ask to return money of course. Next, " consumer rights and interests protects a law " the 25th gifted the net buys customer " retreat goods to counterpoise without reason " , namely operator uses the means distributors such as network, TV, phone, mail-order to taste, since the day that consumer has authority to get goods oneself money is returned inside 7 days, and need not show reason. Although this case is medium TV ark is nonexistent quality problem, the customer that buys in electric dealer network is OK also termless inside 7 days return money. Finally, ark of so called TV belongs to gift, the view that does not assume any responsibility consequently is wrong. In this case not applicable " contract law " the 191st " donative belongings is imperfect, donative person does not assume responsibility " regulation. The premise that obtains TV ark because of consumer is to must buy color television, its and what forming substantially between the person that sell is business contract concern, is not donative relation. The quality flaw of the TV ark that reason buys to place, the person that sell still assumes a flaw to assure wait for responsibility.
Zhang Jiyuan's lawyer is raised action
The gift that operator gives in sale activity, its price has included the gain that scores when operator sells goods in. So, gift is actual the one part that is sale commodity. Basis " product quality standard " regulation, product quality must " the performance characteristics that ought to have a product " " the person that sell should take step, the quality that protects sale product " . And " consumer rights and interests protects a law " also made similar provision. Accordingly, although be on name,be merely " gift " , but the performance characteristics that operator must assure to its ought to have the place when serving as commodity likewise, assure quality. In the meantime, operator also must not act as with false and inferior product gift. To regarding sales promotion method as the false and inferior product, product that knows perfectly well quality to have a problem, cause consumer losing, ought to assume corresponding legal responsibility. Basis " product quality standard " regulation, the person that sell ought to take step, maintain the quality that sells a product. And " consumer rights and interests protects a law " also set, the commodity that operator ought to assure to its are offerred perhaps serves the demand that accords with safety of safeguard person, belongings. Safe to may endangering person, property commodity and service, ought to make true specification and clear caution to consumer, the method that explain and indicates to use commodity correctly to perhaps accept a service and be on guard the method of harm happening. To the country regulation or operator and consumer agree the bag is repaired, the bag is changed, the merchandise that the bag returns, operator ought to be in charge of repairing, change or return money.
Zhang Jiyuan's lawyer is compensatory
Add in commodity sales promotion as operator when giving gift, want to notice to hold the following:
1.Merchandise gifts has quality problem, the businessman ought to assume the responsibility that return or compensates for. Our country " contract law " regulation, those who add obligation is donative, donative belongings is imperfect, donative person is assumed inside the limit that adds obligation with sell the person's same duty. Because this businessman ought to is opposite,the quality of donative commodity is in charge of.
2.Merchandise gifts also is the product that the businessman uses at the sale actually, getting all wool and a yard wide goods is the right with inviolable consumer, the businessman is not gotten in order to give offer the product with sham perhaps rejected product.
3.Operator must not act as with false and inferior product gift. To regarding sales promotion method as the false and inferior product, product that knows perfectly well quality to have a problem, cause consumer losing, ought to assume corresponding legal responsibility.
4.Operator is added if given gift is imperfect, but the free goods that this flaw does not affect normal performance characteristics, ought to be informed before consumer is bought and perhaps collect fees in bill of the proof that buy goods, service make clear on detailed list. Our country " consumer rights and interests protects a law " the 23rd regulation: "The goods that its offer below the circumstance that operator ought to assure to using commodity to perhaps accept a service normally perhaps serves the quality that ought to have, function, utility and period of validity; But its existence flaw has known before consumer is buying this commodity to perhaps accept this service, and existence flaw is not lawbreaking mandatory formulary except. And existence flaw is not lawbreaking mandatory formulary except..
