Recently, the Pengzhou City People's Court of Sichuan Province tried this case of "seedlings not being right" in accordance with the law, so what law did "seedlings not right" violated?
In the event of "wrong goods", how can consumers protect their rights? What do you need to pay attention to when buying agricultural materials?
01
Buy 50,000 broccoli seedlings and "turn" into cauliflower when you grow up
Broccoli is rich in dietary fiber and vitamins, and its market sales are large, and the price is higher than that of cauliflower of the same plant family.
Li, a man from Chengdu, Sichuan Province, who is engaged in vegetable planting, saw that the price of broccoli was rising all the way, and he was so moved that he rented dozens of acres of land in a village in Mengyang Street, Pengzhou City at the end of 2022, and spent 8,600 yuan to order about 50,000 broccoli seedlings from Chen, a long-term cooperative vegetable seed seller.
After receiving the broccoli seedlings, he organized people to plant them, and after several months of careful watering, they finally ushered in the flowering period. "One morning, I happily came to the field to see how the seedlings were blooming, but the reality poured cold water on me, and all the flowers that bloomed were white cauliflower, not a single green broccoli!" Li said.
Image source: Red Star News
After the incident, he found Chen's theory, and Chen, who knew that he was at a loss, explained: "I'm really sorry, it must be that the worker carried the wrong seedlings when loading the truck." Li angrily accused: "After a few months, didn't you find out that the seedlings were sent by mistake? If you find it and tell me early, it won't delay time, and it will cost so much fertilizer and manpower...... Chen hurriedly verbally promised to compensate Li 15,000 yuan and make up the broccoli seedlings for Li to continue sowing the following year. But after the appointed time, Chen neither compensated nor provided new seedlings, and also blocked Li's WeChat and refused to answer the phone. Li was anxious: "The leased land is about to expire, even if you give me the flower seedlings now, I can't wait for the harvest time." And now the price of broccoli has begun to fall, and the market price is much lower than the previous price...... "In desperation, Li sued the court in the name of the company, demanding that Chen return the purchase price and compensate for the loss.
02
What law did "Miao not do the board" violate?
How can consumers protect their rights?
After the trial, the court held that although there was no written sales contract between Li and Chen, the two parties had established a de facto sales contract relationship. Chen sold broccoli seedlings to Li, the two parties confirmed the amount of payment, and Li also fulfilled the payment obligation in accordance with the law, but Chen delivered ordinary cauliflower seedlings, which obviously did not meet the contract and quality requirements. Although the two parties reached a verbal agreement on replanting for the next season, Chen did not continue to perform the contract, and now Li has no land to continue to cultivate broccoli seedlings, the market situation has changed, and the purpose of the contract can no longer be realized. Therefore, the court supported Li's claim for a refund of 8,600 yuan for the purchase of seedlings. Since the two parties have reached a compensation agreement on compensation, Chen should pay compensation of 15,000 yuan in accordance with the agreed time limit.
According to Article 610 of the Civil Code of the People's Republic of China, if the purpose of the contract cannot be achieved because the subject matter does not meet the quality requirements, the buyer may refuse to accept the subject matter or terminate the contract. If the buyer refuses to accept the subject matter or rescinds the contract, the risk of damage or loss of the subject matter shall be borne by the seller.
In reality, there are often consumers who encounter "wrong goods" when shopping online and customizing furniture. Consumers are reminded that if they encounter similar situations, they should keep evidence of rights protection, such as chat records, payment records, screenshots of shopping pages, promotional promotion pages, etc., and they can negotiate with the merchant first, and if the negotiation fails, they can complain to the market supervision department or file a lawsuit with the people's court, so as to protect their legitimate rights and interests with legal weapons and avoid "dumb losses".
03
What do you need to pay attention to when buying agricultural materials?
At present, with the gradual warming of the weather, many places in the north have entered the spring plowing and spring sowing period, and agricultural products have also ushered in the peak sales season. High-quality agricultural products are essential for a good grain harvest throughout the year. To ensure that farmers use assured planting, assured fertilizer, assured medicine, these practical methods to identify fake and shoddy agricultural products, sent to farmers and friends.
Buying seeds should be "four looks"
Look at whether the packaging of the seeds is standardized, whether the label is complete, whether the packaging bag is marked with the seed category, variety name, variety approval or registration number, variety suitable planting area and season, producer and registration place, quality indicators, testing date, quality assurance period quarantine certificate number, seed production and business license number and information code.
Second, look at the size, color, grain shape, grain color and other traits of the seed to judge the purity of the seed. If the seed difference is small and very similar, it is mostly of high purity, otherwise, if the purity is low, do not buy it.
Third, look at the preservation quality of seeds, if there is mildew, insect moth, and dark color, it means that the seeds may have deteriorated, and the germination rate will not be too high, and this kind of seeds cannot be bought.
Fourth, scan the two-dimensional code of the label to see whether the name of the variety, the name of the producer and operator, the unit identification code, the traceability URL and other information are displayed, and whether the name of the variety and the name of the producer and operator are consistent with those marked on the packaging bag.
Buying fertilizers should be "three looks"
Look at the packaging! The state has clear regulations on the material, specification and sealing strength of the outer packaging of fertilizer, where the packaging bag is of poor material and easy to break, there may be product quality problems.
The state has made mandatory provisions on the identification of fertilizers, and must use standardized Chinese characters to indicate the product name, grade, nutrient name, and content, implementation standard, net weight, name and address of the manufacturer, telephone number, etc.
Judging from the physical object, in terms of particle size, nitrogen fertilizer and potassium fertilizer are mostly crystals, phosphate fertilizer is mostly granular, and compound fertilizer is round and granular in appearance, which is not easy to absorb moisture and agglomerate. In terms of color, nitrogen fertilizers are mostly white, potassium fertilizers are white or red, and phosphate fertilizers are mostly brown.
Buying pesticides should be "two looks, one comparison and one scan"
Look at the appearance! Liquid pesticides appear turbid, layered or have precipitate, flocculents, suspension agents have serious agglomeration, powdered pesticides appear into lumps, pinched and twisted into clumps, indicating that the quality of pesticides may be problematic, which will cause pesticide reduction, deterioration or invalidity.
Look at the label! Check the three certificates of pesticides on the label, that is, the product standard certificate number, the production license approval certificate number and the pesticide registration certificate number.
When purchasing pesticides, we should not only look at the unit price of pesticides, but also deal with the content of active ingredients and packaging weight. In general, do not buy pesticides whose prices are very different from similar products, the price is significantly lower than that of similar products, and the possibility of counterfeiting is greater.
Each pesticide packaging has a unique QR code. By scanning the QR code, you can query the name of the pesticide, the name of the pesticide registration certificate holder, the production batch, the number of inquiries, the quality inspection results and other information, and you can judge the authenticity of the pesticide.
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Article sources: Agricultural TV Network, Red Star News, CCTV News, Surging News, Xinhua News Agency, People's Court Daily, Tianmen Court Release, Beijing Science and Technology News, Life Times, Guangming Network, etc
Editors of this issue: Ding Jiahui and Wei Rong
Review of this issue: Wang Meihong
Producer of this issue: Zheng Hongyan
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