Information leak, delivery missing
Prevention of disputes in prepaid consumption
How can you shine your eyes and defend your rights
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Today's the 42nd international consumer interest. Day
We sorted it out
Consumer concern, common
Consumer protection “ten questions and ten answers”
Put it away
01
Can punitive damages be claimed for defective labeled foods
Some consumers sometimes seek punitive damages for product labelling problems or defects when buying food. Food safety standards include requirements for labelling, labelling and instructions relating to food safety, but marking defects are not equivalent to the fact that the food itself does not meet safety standards。
The punitive damages provided for in article 148 of the food safety act make an exception for the labelling of foodstuffs, the existence of instructions that do not affect food safety and do not mislead consumers. Therefore, consumers can request punitive damages if the label is defective and misleading or has an impact on food safety。
02
Use of consumer information in commercial advocacy by operators without authorization and ability of consumers to hold operators accountable
Private information left by consumers in the service, such as names, portraits, family addresses, telephone numbers, services received, etc., relates to consumers ' rights to portraits, privacy, personal information, etc., and is protected by law. The use by operators of consumer information collected by them in their operations shall be guided by the principles of legality, legitimacy and necessity and shall not violate the laws and regulations and the agreements of the parties。
Consumer information is used for commercial advocacy, and consumers can claim reasonable defence expenses based on the extent of the operator's subjective fault, as well as an apology and damages。
03
How consumers prevent disputes in prepaid consumption
Prepaid consumption tends to be difficult to refund due to business closure, relocation and change of business address. Consumers should choose, to the extent possible, reputable vendors for their prepaid consumption。
In the face of large advances, consumption should be reasonable, while preserving as much evidence as possible to be effective in defending rights in the event of a dispute. For example, consumers may require merchants to make corresponding written commitments in respect of prepaid amounts, various types of preferential commitments made orally and how to refund fees。
04
Whether consumers are entitled to claim compensation for damage caused to consumers by gifts offered at network promotions
Article 8 of the supreme people's court's regulation (i) on the law applicable to cases of online consumer disputes provides that: “e-commerce operators who offer prizes, gifts or goods to be bought by consumers in promotion activities cause harm to consumers, consumers claim liability to e-commerce operators, e-commerce operators who claim exemption on the grounds that the prizes, gifts are free of charge or goods are purchased for purchase, without the support of the people's court.” the operator is responsible for the quality of the gifts, which are not purely civil gifts。
Thus, if the gift causes damage to the consumer, it may claim compensation in accordance with the law and may be withdrawn in accordance with the law。
05
Under what circumstances can consumers claim moral damages
Article 51 of the consumers' protection act provides that: “if the operator commits acts against the personal rights and interests of a consumer or other victim, such as insults, body searches, infringement of personal liberty, etc., causing serious moral damage, the victim may claim moral damages.” article 113, paragraph 2, of the civil code provides that “the aggrieved person shall have the right to claim moral damages if, by wilful or gross negligence, he causes serious moral damage to a particular person of personal interest”. In cases where a consumer's personal rights and interests in the purchase of goods or services or particular goods of personal significance are infringed, causing serious moral damage, moral damages may be claimed。
06
Whether the consumer rights protection act is applicable to farmers who buy or use agricultural production information that is impaired
Article 62 of the law on the protection of consumers' rights stipulates: “the purchase and use by farmers of means of production directly used for agricultural production shall be governed by this law.” our country is a large agricultural country with low agricultural productivity, limited business size and economic capacity for farmers and requires special protection。
In order to protect the legitimate rights and interests of farmers and preserve the healthy and stable development of agricultural production, the consumer rights protection act includes in its scope of adjustment the purchase and use of production materials directly used for agricultural production。
07
Can you ask for a return after seven days of online consumer purchases
Article 25 of the consumer protection act provides for the unprovoked return of goods for seven days for internet shopping. Internet consumers may request a return of goods on the grounds that they meet the conditions for a statutory discharge, if quality issues render it unusable, after more than seven days. If the conditions for a statutory discharge are not met, the network consumer, although unable to return the goods, may also require the operator to perform obligations such as replacement, repair, etc。
08
Consumers who shop online lose couriers from sellers and how consumers should claim their rights
Article 604 of the civil code provides that: “the risk of destruction or loss of the subject matter is borne by the seller before the subject matter is delivered and, after delivery, by the buyer, unless otherwise provided by law or otherwise agreed by the parties.” there is a trading contractual relationship between buyers and merchants and a contract of carriage relationship between merchants and logistics companies. As a result, consumers encounter similar problems and can claim their rights directly from the business community。
09
The legitimate rights and interests of consumers are impaired in net purchases, and in which cases the liability of the provider of the internet trading platform may be imposed
When consumers buy goods or receive services through a platform for online trading, providers of a platform for online trading should fulfil their obligations to regulate the qualifications of the operator, the consumer's obligation to make better commitments and the obligation to take the necessary measures against abuse。
