Zhejiang, Hangzhou. The man spent 1553 yuan to buy a king crab, and when he ate it, he found that there was no meat, and 1500 crab shells accounted for 1300 pieces. The store responded: Maybe I have been hungry for a long time, hungry and thin!
(Case source: 1818 GoldenEye)
I. Case Overview:
Mr. Zhan and his family went out shopping, saw fresh king crab for sale in the store, Mr. Zhan once bought one in this store last year, the meat is firm after cooking, full of paste full of yellow is very delicious, the taste makes Mr. Zhan remember.
Therefore, this time he met the king crab, and Mr. Zhan immediately decided to buy another one, and it happened that the family was there that day, and everyone tasted it together.
Mr. Zhan took a closer look, and the king crabs in the tank all looked fresh, and the price was marked next to it, 1499 each, each weighing between 1.5 kg and 2 kg.
Mr. Zhan calculated that a king crab of three or four catties, it was enough for his family to eat one. So he immediately picked a king crab that looked very alive.
After picking the crabs, Mr. Zhan handed them to the clerk and asked them to help process them. Mr. Zhan thought that steaming would bring out the sweetness of seafood, so he decided to make it with garlic vermicelli. After the clerk agreed, he told Mr. Zhan that the king crab was 1499 yuan, and the processing fee was 54 yuan, a total of 1553 yuan.
Mr. Zhan paid for it, and when the king crab was processed, he packed it and prepared to take it home to taste the meal with the family.
After Mr. Zhan brought home the prepared king crab, the family happily sat at the table to prepare to eat the crab, and Mr. Zhan's father, as the elder, was the first to go up to taste it, and he broke off a crab leg and peeled it.
However, soon, the old man realized that something was wrong, and he asked his son Mr. Zhan suspiciously: Why is this crab so thin?
The old man has eaten king crab, the crab meat he ate before is firm, and the crab meat has a fresh sweetness, but the meat eaten this time is divergent, not chewy, and there is a fishy smell, and the crab legs are finger-thick, but the crab meat inside is less than half the thickness of the little finger.
Mr. Zhan quickly also took a crab leg, sure enough, as his father said, the crab meat looked very thin, looking into the crab leg, most of the shell was empty, and a bite was far from as delicious as last year.
Mr. Zhan suddenly felt mixed in his heart, spent a lot of money, ate a bad crab, he felt that he was deceived.
2. Consultation between the Parties
Mr. Zhan found the shop owner and reflected the problems he encountered, but the clerk said that the crab was imported, because of the long distance, it may have been hungry for a long time during transportation and storage, and the king crab was hungry and thin.
Mr. Zhan was amused by this explanation, saying that the quality of the products sold by the store could not be guaranteed, and that this explanation was insincere.
Even if the crab is hungry and thin, this is the reason of the store, not its own cause, as a consumer, why should you let yourself bear this loss?
Moreover, shouldn't crabs be hungry and thin, shouldn't they first raise a period of fattening before selling? Since the store sells things, it should ensure the quality, even if the price is more expensive, it doesn't matter, but the quality of the product has to pass.
Mr. Zhan believes that he bought a king crab from the store last year with very good quality, and out of this trust, when he bought the crab this time, he randomly picked a raw looking one, but he did not expect the quality of the crab in the store to be so poor.
Mr. Zhan believes that the quality of the king crab is problematic, and he has been deceived, this 1,500 pieces of king crab, more than 1,300 yuan are shells, only 200 pieces of meat.
Later, seeing that he couldn't say anything, the clerk told Mr. Zhan that he could compensate him for a fruit platter.
Mr. Zhan flatly refused, more than 1,500 yuan of king crab, only ate a few bites of meat, the other party was only willing to send a fruit plate, which is also too perfunctory.
Mr. Zhan proposed that this crab was worth only two hundred pieces in the sky, and the shell alone accounted for more than half, which was also too pitted. He asked to be given back the money.
However, the shopkeeper never agreed, saying that the king crab had been eaten by Mr. Zhan, and they had no way to continue, how to return what was eaten in their mouths?
After constant tugging, they agreed to compensate Mr. Zhan with 200 yuan, but Mr. Zhan did not agree. He thought the king crab was worth at most $500, so he asked the shop to refund him $1,000.
However, the store said that king crab is live, not a standard, there are fat and thin differences between individuals, just like people, some one meter six 160 pounds, look fat, some one meter eight 160 pounds look slim, this can not be controlled.
They are sold according to only sales, not weighed, Mr. Zhan just picked a 180 160 pounds, so he looks thinner, which is normal.
Since the two parties did not reach an agreement, Mr. Zhan decided to enlist the help of a mediator, and under the witness of the mediator, the shop weighed each king crab, which was indeed between 1.5 and 2 kilograms.
The store said that in order to ensure quality, each batch of king crab will be weighed, and the acceptance standard is not less than 1.54 kilograms.
The shop also showed the mediator its seafood jar for king crabs, which they said they regularly feed to keep them alive. In addition, the king crab itself will also catch the shrimp and crab sold in the seafood tank and eat.
According to the store, the spawning period of king crabs has just passed, so they generally lose weight. The king crab that Mr. Zhan ate had just arrived at the store on the same day, and had not yet had time to feed, probably hungry and thin during transportation, but there was no quality problem.
For the unhappiness caused to Mr. Zhan, they were willing to give fruit, other seafood or a certain amount of compensation, but because the king crab had already been eaten, they really could not give a refund of thousands of yuan.
Some consumers expressed sympathy and support for Mr. Zhan's experience, believing that he was defending his legitimate rights and interests; Others think Mr. Zhan is too picky, after all, king crab is a live commodity and individual differences are inevitable.
Some people also suggested that Mr. Zhan's crab may have been unpacked, because even if a normal king crab has just laid eggs, its legs cannot be so empty, and the meat quality will not be so watery, and it is likely to be used by someone to die of unpacking.
III. Lawyers' interpretations
Based on the above, we can analyze the following legal issues:
1. Product quality issues and consumer rights protection:
Mr. Zhan bought a king crab and formed a sales contract relationship with the shopkeeper. According to the provisions of the Civil Code, the contract is protected by law, that is, Mr. Zhan pays and the store delivers king crab that meets the quality requirements.
When Mr. Zhan ate king crab, he felt that the meat quality of king crab was not full, the meat in the crab foot shell was only half of the little finger, and there were many empty shell parts.
This involves the quality of the goods, and consumers have the right to demand a partial refund from the merchant. Although the store explained that the king crab was fresh and there were differences between individuals, they did not negotiate or compensate.
The Civil Code provides that if the subject matter delivered by the seller does not meet the quality requirements, the buyer may claim liability for breach of contract in accordance with the provisions of this Law.
According to the Law on the Protection of Rights and Interests of Consumers, consumers who suffer personal or property damage due to the purchase or use of goods or services enjoy the right to compensation according to law.
Therefore, Mr. Zhan has the right to require the store to bear the liability for breach of contract and compensate him according to law on the premise of having solid evidence.
2. Price and Pricing Method:
When Mr. Zhan bought king crab, the price list showed that each one weighed within 1.5 to 2 kilograms, and each one was 1499 yuan. This is a sell-only pricing method.
Although the store guarantees that each king crab weighs between 1.5 and 2 kilograms, whether the king crab bought by Mr. Zhan meets this standard needs further evidence.
According to the "Price Law", proprietors selling or purchasing commodities and providing services shall clearly mark the prices in accordance with the provisions of the competent pricing departments, indicating the name, place of origin, specifications, grades, pricing units, prices or items of services, charging standards, and other relevant circumstances of the commodities.
Therefore, stores should provide the weight data of each king crab for consumers' reference.
3. Compensation and Dispute Resolution:
According to the provisions of the Civil Code, if the quality of the subject matter delivered by the seller does not meet the requirements, the buyer may request a reduction of the price, rescission of the contract, return of goods and other remedies. Therefore, Mr. Zhan's request for a refund of RMB 1,000 has a legal basis.
The king crab bought by Mr. Zhan felt that the meat was not full, and asked the store to refund 1,000 yuan. The shop believes that king crabs are live and fresh, and there are differences between individuals, and they are willing to give a certain amount of compensation. There is a disagreement between the two parties on the amount of compensation, which needs to be resolved through negotiation or legal channels.
According to the Law on the Protection of Rights and Interests of Consumers, disputes between consumers and business operators over consumer rights and interests may be resolved through the following channels:
(1) Negotiate and settle with business operators;
(2) Requesting mediation from consumer associations or other lawfully established mediation organizations;
(3) Complain to the relevant administrative departments;
(4) Submit to an arbitration institution for arbitration in accordance with the arbitration agreement reached with the business operator;
(5) Filing a lawsuit in the people's court.
Therefore, the parties can resolve the dispute through negotiation and settlement, mediation, complaint, arbitration or litigation.
To sum up, Mr. Zhan encountered the problem of inconsistent product quality and labeling when buying king crab, and his request for a refund of 1,000 yuan has a legal basis. The store shall be responsible for the quality of its goods and give Mr. Zhan corresponding compensation in accordance with the law.
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