10,000 yuan to buy a mobile phone, using a screen crack for half a year, seeking after-sales rejection
12315 mediation: The merchant apologizes and changes the screen and urges the improvement of the terms
【Brief Facts of the Case】
On February 10, 2023, consumer Yang came to the 12315 Complaint and Reporting Center in Yuanbaoshan District, reflecting that he spent 11,188 yuan to buy a brand folding mobile phone at the flagship store of an online mall on August 16, 2022, but when the consumer used it for less than half a year to apply the film, the consumer found that the screen folding was broken. Yang applied for repair to the after-sales service of the mobile phone, but the after-sales service refused to repair the mobile phone on the grounds that it had been re-filmed. However, consumers believe that if there is no secondary film, they will not find that the mobile phone screen is broken. When the negotiation between the two parties was fruitless, Yang complained to the 12315 Complaint and Reporting Center in Yuanbaoshan District.
【Process and Result】
After receiving the complaint, the 12315 Complaint and Reporting Center in Yuanbaoshan District checked the purchase invoices, consumption records and mobile phones, and conducted further investigations, believing that the situation reported by consumer Yang was true. The staff of the Center conducted mediation in accordance with Articles 16 and 48 of the Law of the People's Republic of China on the Protection of Consumer Rights and Interests. Article 16 stipulates that business operators providing goods or services to consumers shall perform their obligations in accordance with the provisions of this Law and other relevant laws and regulations. Where proprietors and consumers have an agreement, they shall perform their obligations in accordance with the agreement, but the agreement between the two parties must not violate the provisions of laws and regulations. Article 48 stipulates that a consumer's request for repair, rework, replacement, return, replenishment of the quantity of goods, refund of payment for goods and service fees, or compensation for losses is deliberately delayed or unreasonably refused. At the same time, the staff of the center also found that there were inappropriateness in the content of the consumer contract of the product: the operator failed to fulfill the obligation to inform, and the content of the consumer contract formulated by the company was contrary to the provisions of the "three guarantees" of mobile phones. In order to effectively protect consumers' right to know and the right to fair trade, the staff of the center put forward amendments to the relevant provisions in accordance with relevant laws and regulations. Through many patient mediations and communications, the company's legal counsel believed that the company did have unfair standard terms and conditions in the formulation of consumer contracts, and at the same time, there were also situations in which the sales were not clearly informed, and there were indeed defects in the services, which should be corrected in a timely manner. In the end, the company put forward clear handling suggestions: one is to apologize to consumers, the second is to amend and improve the content of the consumer contract, and the third is to provide consumers with after-sales service and replace the mobile phone screen free of charge.
【Case Study】
This is a consumer dispute caused by the quality of mobile phones and after-sales service. According to the relevant provisions of the Law of the People's Republic of China on the Protection of Consumer Rights and Interests, the demands of consumers are reasonable, and business operators should fulfill relevant obligations, instead of making excuses to shirk or delay. At the same time, it also reminds businesses not to increase the responsibility of consumers by setting unfair standard terms, reduce their own obligations, and consider from the perspective of long-term development.
Through this case, the staff of the 12315 Center not only safeguarded the interests of the complainant, but also raised the problems existing in the consumer contract, so that the merchants could make timely corrections and improvements, promote consumer fairness, and protect the legitimate rights and interests of more consumers. ｜
02
Sign the decoration "reservation contract" and pay a deposit of 10,000 yuan
The change in the total price caused the breach of contract to cost the consumer 3,000
【Brief Facts of the Case】
In April 2023, the Chifeng Consumers Association received a consumer dispute caused by a renovation contract. According to the consumer, in March 2023, through a friend's introduction, he signed a decoration "reservation contract" with a decoration engineering Co., Ltd. with a total price of 190,000 yuan, and paid a deposit of 10,000 yuan. But then, the decoration company increased the total decoration price to 240,000 yuan. The consumer said that he could not accept the price increase of the decoration company, wanted to terminate the contract, and asked the decoration company to return the deposit. However, the decoration company believes that the consumer has breached the contract first, and the deposit will not be refunded. The negotiation between the two parties was fruitless, and the consumer complained to the Municipal Consumer Association.
【Mediation Process and Results】
After receiving consumer complaints, the Municipal Consumer Association conducted a detailed investigation. After investigation, it was learned that the problems reported by consumers were basically true. However, the decoration company believes that the two parties have signed a "reservation contract" on the decoration matters, and the consumer recognizes the decoration matters, and the contract has an additional agreement that "the designer has not issued the plan and renderings, the deposit can be refunded, and if the plan and renderings are made, the deposit is non-refundable". Because the plan and renderings have been issued to the consumer, the deposit is non-refundable.
The staff of the Municipal Consumer Association carefully studied the "scheduled contract" signed by the two parties, and found that in the contract, there was no clear agreement on important information such as the total decoration price, delivery time, material requirements, payment methods, etc., and even the deposit paid was very vague, but the liability for breach of contract was clearly supplemented. According to the relevant provisions of the Civil Code on the conclusion of contracts, the main terms of a contract generally include "the names and addresses of the parties, the subject matter, quantity, quality, price or remuneration, the period, place and method of performance, the liability for breach of contract, and the settlement of disputes". However, the contract only stipulates the contents of "the name or address of the parties, and the liability for breach of contract", but does not stipulate the "subject matter, the total price of decoration, the payment method, the delivery time of the project, and the material requirements" that should be agreed upon. The Municipal Consumer Association believes that the contract signed between the decoration company and the consumer did not stipulate the total decoration price in writing but only orally, and when the contract was signed, the total decoration price was increased, causing the consumer to terminate the contract and form a breach of contract, so the decoration company had inappropriateness in both the content of the predetermined contract signed with the consumer and the services it provided.
However, in order to ensure the fairness of the mediation, the Municipal Consumer Association took a rigorous attitude and invited members of the legal team of the Consumer Association to conduct analysis and judgment on the contract matters involved in the consumer dispute. After analysis, the members of the legal team said that the "predetermined contract" signed by the two parties was established, but whether the contract was valid is worthy of further discussion. In this regard, the Municipal Consumer Association mediated the consumer dispute in accordance with the relevant provisions of the Law of the People's Republic of China on the Protection of Consumer Rights and Interests and the Civil Code. Considering that the decoration company did issue the decoration plan and renderings in the early stage, the consumer should pay a certain fee. After many patient mediation by the Municipal Consumer Association and repeated negotiations between the two parties, the decoration company finally refunded the consumer 7,000 yuan, and so far, the dispute has been satisfactorily resolved.
【Case Analysis and Consumption Tips】
In this complaint, after signing a "predetermined contract" with the consumer, the decoration company changed the total decoration price, which prompted the consumer to distrust him, and thus proposed to terminate the contract, causing the consumer to "breach the contract", and then the consumer was liable for breach of contract. The difficulty in the mediation of this complaint case lies in the fact that the consumer signed the contract without making a detailed written agreement with the decoration company on the key matters of the decoration, and the relevant responsibilities and obligations should be performed in accordance with the contract without violating laws and regulations, so it is also difficult to protect the rights of the consumer. Here, the Chifeng Consumers Association reminds consumers that they should pay attention to the following points when carrying out home decoration:
1. Don't believe the verbal promise of the decoration company, you need to sign a formal written decoration contract, carefully review the contract terms on the subject, price, specifications, quality, quantity, delivery period, construction specifications, after-sales service, breach of contract liability compensation and other comprehensive and reasonable, if necessary, modify and supplement. At the same time, pay attention to whether the name of the decoration company is consistent with the signature, and beware of the inconsistency between the signature and seal of the unit and its self-profess, which will affect the protection of rights afterwards;
2. Before paying the deposit, it is necessary to make a detailed agreement on the liability for breach of contract contained in the deposit, do not hastily pay the deposit for the so-called preferential treatment, and pay attention to the deposit amount should not be too high;
3. The payment method should also be agreed in the contract, and it is recommended to pay in batches and installments according to the corresponding proportion according to the progress of the project, and the proportion of the final payment and the delivery conditions of the project should be as clear and detailed as possible;
4. In terms of quotation, it is necessary to avoid repeated charges by the merchant, and at the same time, it should be agreed in the contract that there are no other additional items; if additional quotations are needed, the two parties shall reach an agreement to supplement them in a timely manner;
5. Before signing the contract, consumers should try their best to understand the relevant materials and decoration matters, and carefully check the material price list, materials, hardware accessories, edge banding technology, etc., and each material needs to be clearly marked with the brand, model, material, size and specifications, quantity, unit price, total price, and design drawings are attached;
6. Before the formal construction, it is recommended that the decoration company go to the construction site to re-measure to avoid additional losses caused by size errors;
7. In the decoration process, do a good job in the acceptance of materials, whether the number, grade and specification of the materials entering the site are consistent with the pre-agreed on the detailed list, if the problem is found to be corrected in time, the two parties should have a rigorous and careful attitude towards the acceptance of the materials, so as to avoid inferior materials entering the site or causing disputes;
8. Remember to keep all bills, records of communication between the two parties, evidence, etc. For the decoration company, merchants and staff proposed that private transactions can enjoy "preferential treatment" and "discount" oral commitment, as well as the change of the content of the agreement on decoration matters, etc., should be implemented in the written contract as far as possible, so as to prevent economic losses or unfavorable performance caused by "unsubstantiated words". When the legitimate rights and interests are infringed, you should contact the home improvement company in time to negotiate and solve, and if the negotiation fails, you can complain to the relevant departments in accordance with the law, or protect your rights in accordance with the contract.
03
The mileage of a used car is questionable
The consumer was compensated 5,000 yuan for complaint mediation
【Brief Facts of the Case】
In September 2023, the complainant Liu Moumou spent 71,800 yuan to buy a second-hand car at a certain automobile sales company in Ningcheng County, and the vehicle showed a mileage information of 140,000 kilometers. When consumers are doing vehicle maintenance, the 4S store said that the car has been adjusted to the odometer, and the vehicle has actually traveled 270,000 kilometers. As a result, the consumer complained to the Ningcheng County Market Supervision Bureau, hoping that the relevant departments would deal with it and require the car sales company to return the car for a refund.
【Mediation Result】
According to the complainant's report and demands, the staff of the Ningcheng County Market Supervision Bureau brought the car sales company and the consumer together for investigation and mediation. After investigation, it was learned that the problems reported by consumers were basically true. However, the car sales company said that it did not know in advance that the car had been adjusted to the odometer. In accordance with the relevant provisions of the Law of the People's Republic of China on the Protection of Consumer Rights and Interests and the Interim Measures for the Handling of Complaints and Reports on Market Supervision and Management, the Ningcheng County Market Supervision Bureau patiently mediated the two parties. In the end, the two parties reached an agreement: the car sales company would give the complainant 5,000 yuan as compensation, and at the same time ensure that the vehicle would be free of fire, flooding, and major accidents, and that the company would be responsible for warranty if there was a problem with the engine and gearbox for 2 years or 40,000 kilometers. The consumer agrees not to complain or sue on the basis of the mileage of the vehicle in the future.
【Purchase Warning】
For second-hand cars, especially vehicles that have been specially treated, they need to be identified by professional institutions and professionals using professional tools, and it is difficult for ordinary consumers to identify the comprehensive and true information of second-hand vehicles in a simple way. Therefore, as a general consumer, you should pay more attention when making second-hand car consumption. In this regard, the Ningcheng County Market Supervision Bureau reminds consumers that when buying second-hand cars, they can make preliminary judgments and choices through the following methods:
1. Pay attention to the appearance: observe whether there is paint in all corners and accessories of the car, and also measure the inner column of the vehicle with the help of the paint film instrument. At the same time, observe the wear and tear of tires, headlights, bumpers, etc.
2. Pay attention to the chassis and girders: that is, the longitudinal beam observation method, observe whether the two longitudinal beams at the bottom of the vehicle are deformed, and find that there is deformation and bending, the car may be an accident car.
3. Pay attention to the performance of the vehicle: you can listen to whether the sound of the body and engine is normal by knocking on the body and starting the car.
4. Check whether the procedures are complete: generally including registration certificate, driving license, purchase tax, compulsory traffic insurance and other procedures, if the procedures are complete, there is a high probability that it is not a problem vehicle.
5. Check whether the vehicle has major accidents, fire and soaking in water and other "three non-vehicles", which seriously damage the life of the car and have potential safety hazards. Usually more experienced or more professional people can judge whether the vehicle is soaked in water or burned by smelling the smell of the inside of the vehicle, looking at whether the unpainted parts of the vehicle leave the factory for rust, opening the cabin cover to observe the firewall, the degree of new and old engine sound insulation cotton and whether it has been replaced, whether there are signs of burning, checking the newness of the engine pipeline or comparing the production date of the vehicle with the date of the pipe.
6. Pay attention to the number of kilometers of the vehicle to be purchased. The larger the number of kilometers, the farther the distance traveled, and the longer the year, the less suitable it is to start.
Chifeng Consumers Association suggests that when consumers buy second-hand cars, they should try to buy them through the regular trading market and test them through professional testing institutions to prevent the purchase of major accidents, fires and water-soaked vehicles, and reduce or avoid consumption risks. At the same time, when consumers buy second-hand cars and sign a consumption agreement, they should read the content of the agreement in detail and supplement the content of the oral negotiation between the two parties in writing, and the content of the oral commitment of the second-hand car operator should also be implemented in writing as much as possible, which can effectively protect the rights and interests of consumers.
04
Buy a corn harvester and throw the stick
Reconciliation and reconciliation between the two parties
【Brief Facts of the Case】
Consumer Kou Moumou bought a corn harvester worth 245,000 yuan in 2022 from a certain agricultural machinery company in Ningcheng County, and there were problems such as wear and tear of the belt and loss of sticks in the process of use, and consumers repeatedly reported the situation with a certain agricultural machinery company in Ningcheng County, but they were not effectively resolved, and the final consumer complained through the 12345 platform in April 2023, asking the merchant to refund and hope that the relevant departments would deal with it.
【Mediation Process and Results】
After receiving the complaint work order, the Ningcheng County Consumer Association learned more about the relevant situation from the consumer. Subsequently, after investigation, the problems reported by consumers were basically true. On the one hand, the staff of the county consumer association urged a certain agricultural machinery company in Ningcheng County to come to the door (to the consumer's place of residence) to solve the problem on the spot. On the other hand, in response to the problems, the two sides conducted several mediations, and finally the two parties reached a mediation agreement: the agricultural machinery company promised to repair all the problems of the harvester until it was repaired, the two sides agreed to conduct field tests and repair the harvester in the autumn harvest of 2023, and the agricultural machinery company also promised to continue to perform after-sales service. The consumer expressed satisfaction with the handling opinions put forward by the agricultural machinery company.
【Consumption Tips】
Spring ploughing and autumn harvest are the periods when there are many disputes over the consumption of agricultural machinery. According to this complaint case, the Consumer Association reminds the majority of farmers and consumers to fully understand the common sense of relevant consumer rights protection when purchasing agricultural machinery, and pay attention to the following aspects when selecting and using agricultural machinery products:
First, understand the advancedness, adaptability and reliability of pre-purchased agricultural machinery, and purchase the old models and new models with poor reliability.
Second, the selection of large-scale, reputable formal enterprises to produce agricultural machinery products. Agricultural machinery sales enterprises should have a business license and after-sales service capabilities.
3. Inspect the goods face-to-face and count the random accessories, carefully check the host, and check whether the random tools, accessories, spare parts are consistent with the packing list. To carry out test operation, pay attention to the performance and appearance quality of the machine.
Fourth, after purchasing agricultural machinery, we should carefully read the instruction manual, listen carefully to the explanation of product operation, correctly grasp the basic essentials of safe use of agricultural machinery, actively participate in the technical training organized by the local agricultural machinery management department, and operate in accordance with the performance and safety operation procedures of the machine itself.
5. Ask for purchase invoices, product certificates, "three guarantees" certificates, etc. If there is a problem, contact the merchant or after-sales department in time, eliminate the fault as soon as possible, ensure normal use, and do a good job and keep maintenance records. Once a consumer dispute arises, it is necessary to promptly defend the rights with the relevant departments where the operator is located.
05
The refrigerator has a peculiar smell and abnormal noise after one year of use
Market supervision, patient mediation, and dispute resolution
【Brief Facts of the Case】
On February 27, 2022, a consumer bought a refrigerator for 5,290 yuan at a merchant in Linxi County. After one year of use, that is, on March 1, 2023, the refrigerator had a peculiar smell and abnormal noise. So the consumer found the merchant to report the problem, and the merchant repaired it. However, the same problem occurred again in early May, and the consumer reported it to the merchant again and found the after-sales department of the refrigerator. The after-sales service said that it was necessary to ask the manufacturer before finally giving treatment advice. Until May 17, the consumer still did not get the handling advice given by the merchant and after-sales, so he asked the Linxi County Market Supervision Bureau for help.
【Mediation Result】
According to the situation reported by the consumer, the staff of the Linxi County Market Supervision Bureau conducted an investigation to the business, and then mediated the two parties. The consumer said that due to the problem of the refrigerator, it affected daily use, and asked the merchant to replace it with a new one. The staff of the Linxi County Market Supervision Bureau patiently mediated the two parties in accordance with the relevant provisions of the "Law of the People's Republic of China on the Protection of Consumer Rights and Interests", the "Three Guarantees" regulations and the "Implementation Measures of the Inner Mongolia Autonomous Region<中华人民共和国消费者权益保护法>". The two parties finally reached an agreement that the merchant would replace the consumer with a new refrigerator, and then the merchant would continue to communicate with the manufacturer to solve the follow-up problems, so that the dispute could be resolved.
【Case Analysis and Consumption Tips】
As far as this complaint is concerned, although in strict accordance with the "Provisions on the Responsibility for Repair, Replacement and Return of Some Goods", "within the validity period of the three guarantees, the products that are repaired twice but still cannot be used normally shall be replaced by the seller for consumers free of charge with the maintenance records and certificates provided by the repairer, and then handled with the producer, supplier or according to the purchase and sale contract in accordance with the law" However, after patient mediation by the staff of the Market Supervision Bureau, the merchant also assumed the responsibility of replacing the goods in a responsible attitude towards consumers, and effectively protected the rights and interests of consumers.
Household appliances are indispensable consumer goods for every family, and the main problems that cause disputes often exist in the quality and after-sales service of household appliances. Here, the market supervision department reminds consumers to buy household appliances to achieve "more than five".
1. Compare brands more. Consumers should compare similar products, choose brands with mature technology, after-sales service and sound network, and try to buy with complete licenses and high reputation.
2. Learn more about common sense. Manufacturers and merchants often use consumers as an excuse to use products inappropriately to exonerate themselves from responsibility for substandard products. Therefore, consumers must know more about the product information when buying products, understand the use of common sense, maintenance methods, and be aware of it.
3. Be wary of promotions. Consumers should verify the after-sales service guarantee ability of special products, prizes, gifts and trade-in products, and ensure that the after-sales service of discounted products is not discounted and does not leave future troubles.
4. Pay attention to commitments. During the promotion, the manufacturer sometimes makes a commitment higher than the national "three guarantees", consumers should not believe the verbal promise of the promotion personnel, and keep the tangible vouchers including the promotional color pages, service cards, invoices, etc.
5. Polyrational analysis. Some enterprises contract after-sales service to other companies, and then there will be low quality of service personnel, poor maintenance level, insufficient parts reserves, and chaotic charges. Consumers who encounter the "lifetime warranty" way to solicit business, should focus on the quality of the goods, and do not be confused by the gimmick of "lifetime warranty".
06
The quality of the plastic film caused a collective complaint from 13 people
The market supervision institute patiently mediated and was compensated 23,400 yuan
【Brief Facts of the Case】
In July 2023, the Ao Hanqi 12315 platform received a collective complaint from 13 consumers, saying that the mulch film purchased in the same agricultural material store was damaged due to quality problems, bringing economic losses ranging from 5,000 yuan to 46,000 yuan to these 13 consumers. The consumer had negotiated with the merchant to settle the matter, but was refused. Therefore, the consumer complained through 12315, hoping that the relevant departments would investigate and deal with it to help them recover their economic losses.
【Mediation Result】
After receiving the dispatch of 12315, the market supervision office of the jurisdiction of the complained agricultural materials store immediately launched an investigation. After investigation and understanding, the situation reported by the consumer was basically true, so in accordance with the relevant provisions of the "Interim Measures for the Handling of Complaints and Reports for Market Supervision and Management", the two parties were organized to mediate. After the patient mediation of the staff of the market supervision office, in accordance with Article 52 of the Law of the People's Republic of China on the Protection of Consumer Rights and Interests, "if a business operator provides goods or services and causes damage to consumers' property, it shall bear civil liabilities such as repair, rework, replacement, return, replenishment of the quantity of goods, refund of goods and service fees, or compensation for losses in accordance with the provisions of the law or the agreement of the parties" and the "Product Quality Law of the People's Republic of China" and other relevant provisions, and finally the two sides reached a compensation agreement: the agricultural materials store will compensate consumers according to the standard of 40 yuan per roll of mulch, a total of 23,400 yuan.
【Case Analysis and Consumption Tips】
The complaint case is a collective agriculture-related complaint, and the amount of complaint involved is also large, and it also involves problems such as difficulty in obtaining evidence and loss assessment, so it is more complicated to mediate. However, the staff of the Market Supervision and Administration Office overcame difficulties and resistance, and finally reached a compensation agreement after several mediations.
Chifeng Consumer Association reminds farmers and consumers to pay attention to the following points when purchasing agricultural materials:
1. Pay attention to the subject qualifications of the operator
To have a fixed place, complete license of agricultural business units or sales points to buy. Agricultural operators should hold a "business license", operating seeds, pesticides, fertilizers and other franchise agricultural materials should also hold the relevant "business license", do not be greedy for cheap, gullible to go to the village to sell people.
2. Pay attention to check whether the packaging label is standardized
The identification of agricultural products of regular manufacturers should include product name, trademark, nutrient content (grade), net weight, production date, shelf life, certificate and product instruction manual, factory name, factory address, etc. Pesticide labels should also be marked with pesticide registration certificate number, product quality standard number, pesticide production license number, as well as the scope of use, use method, dosage, use of technical requirements, precautions and traceable electronic information code. Do not buy bulk seeds and agricultural inputs with broken packaging or illegible labels. Don't be fooled by vague concepts or new terms used by unscrupulous manufacturers in fertilizer packaging, such as "nano fertilizer" and "high-tech composite technology". When purchasing, pay attention to the active ingredient content of fertilizers, and ask the dealer for a fertilizer quality inspection report.
3. Pay attention to read the instructions carefully
Many agricultural products (like pesticides, fertilizers, etc.) are not necessarily universal, different crops have different requirements for pesticides, fertilizers, etc., a small number of dealers do not make clear the scope of use and dosage to farmers when promoting their products, just generally say that all crops can be used, which can easily lead to losses caused by improper use of farmers.
4. Pay attention to ask for invoices or shopping vouchers
Invoices or purchase vouchers should contain product name, specifications, batch numbers, quantities, prices, purchase time and other information, operators in the invoice stamped or signed to recognize, and pay attention to the preservation of invoices, purchase vouchers and retain a small amount of original agricultural materials, in order to provide evidence after consumer disputes, effectively safeguard their own rights and interests.
07
Bathing shops are discriminated against
Consumer complaints uphold dignity
【Brief Facts of the Case】
On November 26, 2023, the Keqi Market Supervision Bureau received a complaint from Ms. Tang. The complaint alleges that his son took a bath in a bathing shop in Jingpeng Township and was discriminated against by a male bathing man. It turned out that during the child's bathing process, the bath master had been selling the bath project to the child, and the child said that as long as he did dry rubbing, the bath master said that he couldn't take care of the dry rubbing, and directly dragged the child up from the bathing table. Ms. Tang believed that the words and deeds of the bath doctor were inappropriate, and hoped that the relevant departments would help investigate, and asked the bathing shop to rectify and standardize its services, and strengthen the management and training of staff.
【Mediation Result】
According to the investigation by the Keqi market supervision department, the situation reported by consumers is basically true. In this regard, the staff of the Keqi Market Supervision Bureau criticized and educated the bath shop personnel, and preached on Article 4, Article 9, Article 14 and other relevant contents of the Law of the People's Republic of China on the Protection of Consumer Rights and Interests, requiring the bath shop staff to carry out rectification, strengthen the training of service personnel, correct the service attitude, improve the quality of service, fully respect the consumer's right to choose, follow the principles of voluntariness, equality, fairness, honesty and credibility, and should not discriminate against consumers.
【Case Analysis and Views of the Consumer Association】
This complaint is a typical case of complaint involving consumers' right to fair trade, the right to independent choice and human dignity. Because of the young age of consumers and the lack of selection of high-cost scrubbing items, the scrub master has a bad attitude towards consumer service, which not only damages the consumer's right to make independent choices, but also infringes on the consumer's right to be respected. This kind of behavior is a kind of consumer discrimination caused by consumers due to age and consumption amount, a kind of improper service attitude, and also a manifestation of the defects in the service of the bath shop. Article 14 of the Law of the People's Republic of China on the Protection of Consumer Rights and Interests stipulates that "consumers enjoy the right to have their personal dignity and ethnic customs respected when purchasing and using goods and receiving services, and the right to have their personal information protected in accordance with the law." Therefore, consumers' demands are reasonable, and consumers' right to independent choice and personal dignity should be protected in a timely and effective manner.
08
360,000 8 purchased agricultural machinery abnormal noise shutdown
Market supervision helps to protect rights and change new cars
【Brief Facts of the Case】
On April 14, 2022, consumers spent 368,000 yuan to buy an agricultural machinery from an agricultural machinery company in Aohanqi, and the agricultural machinery was damaged many times after purchase. On April 10, 2023, consumers found that the engine of agricultural machinery would make abnormal noises when working, and even sometimes stop running and could not be used normally. Therefore, the consumer complained to the Ao Hanqi 12315 platform and raised a return request, hoping that the relevant departments would deal with it.
【Mediation Result】
After receiving the dispatch of 12315, the market supervision office of Aohanqi contacted consumers and operators and conducted a detailed investigation of the relevant situation. After investigation, it was learned that the problems reported by consumers were basically true. The staff of the market supervision office organized the two parties to mediate, and finally the two parties reached an agreement: the consumer paid 2,000 yuan of depreciation to the agricultural machinery company, and the agricultural machinery company replaced the new car for the consumer.
【Case Analysis and Consumption Tips】
This complaint case is a typical agricultural machinery consumer dispute, and the market supervision institute conducted patient and meticulous mediation in accordance with the relevant provisions of the "Law of the People's Republic of China on the Protection of Consumer Rights and Interests" and the "Regulations on the Liability for the Repair, Replacement and Return of Agricultural Machinery Products", and successfully replaced the new machine for the consumer.
Through this case, the market supervision department also reminds consumers to pay attention to the following points when purchasing and using agricultural machinery to ensure that their legitimate rights and interests are effectively protected.
1. Be cautious when buying from the Internet. To purchase machinery from regular manufacturers or sellers, you should see the real thing before purchasing the machine to understand the performance and quality of the machinery. Do not buy inferior agricultural machinery from informal sellers. When purchasing agricultural machinery, it is necessary to pay attention to collecting and checking the manufacturer, brand, model, quality and price of the purchased machinery, and whether it is consistent with the sales voucher.
2. Do not complete the purchase procedures. When purchasing agricultural machinery, it is necessary to have a purchase contract, purchase invoice, "three guarantees" certificate, certificate of conformity, Chinese product instruction manual, etc.
3. Don't buy a cheap machine. It is necessary to take into account the price, quality and after-sales service, etc., do not be deceived for small profits, and avoid being exploited by illegal manufacturers who manufacture and sell fake and shoddy agricultural machinery products.
4. Don't blindly listen to the "sweet words" of the seller. For most farmers who do not have professional knowledge, it is required to purchase agricultural machinery suitable for local farming and high-quality brands and models before deciding to buy machines.
5. Proper operation and maintenance. When purchasing, listen carefully to the seller's instructions, precautions and necessary training for the operation of the machinery. During use, it should be used and maintained correctly according to the manual.
6. Record the maintenance situation in detail. After the failure of the machinery, it is necessary to get in touch with the merchant or after-sales service department in time, and make a detailed record of the mechanical failure during maintenance, which is an effective evidence for rights protection after the fact.
09
The decoration style of the hotel booked online is controversial
The consumer's request for a refund was denied, leading to a dispute
【Brief Facts of the Case】
In July 2023, the Keqi Market Supervision Bureau received a complaint from a consumer. According to Mr. Yuan, a consumer, he spent 376 yuan on July 4, 2023 to order 2 rooms in a hotel in Keqi on an online platform. When I went to the hotel, I found that the room decoration style was "a little terrible", unacceptable, I didn't want to stay, and asked for a refund, but was rejected by the hotel, so I complained.
【Mediation Result】
After receiving the consumer complaint, the staff of the Keqi Market Supervision Bureau immediately launched an investigation and contacted the consumer by phone. After a detailed investigation, the situation reported by consumers is true. Therefore, patient mediation was conducted, and finally the hotel refunded the room fee to the complainant, and the two parties reached a settlement.
【Case Analysis and Consumer Association Perspectives】
This complaint is an online consumer complaint, and it is also a consumer complaint from another place, although the amount involved is not large, but it is very typical. Article 9 of the Law of the People's Republic of China on the Protection of Consumer Rights and Interests stipulates that "consumers have the right to choose goods or services independently. Consumers have the right to independently choose the business operators that provide goods or services, to choose the types of goods or services, to decide whether to buy or not to buy any kind of goods, and to accept or not to accept any kind of services. This article clarifies the consumer's right to make their own choice. However, the right to make independent choices is based on the fact that consumers can have a comprehensive, objective and true understanding of the information about goods or services. If consumers cannot obtain a comprehensive, objective and true understanding of the information about goods or services, consumers will have errors in the goods or services they choose, and consumer disputes will arise. In this regard, in order to better protect the legitimate rights and interests of consumers, Article 25 of the Law of the People's Republic of China on the Protection of Consumer Rights and Interests gives consumers a certain "right to regret", that is, the right to "return goods without reason within seven days". In addition to the specified special goods, the vast majority of goods or services can be returned without reason, and this provision is to make up for the rights granted by online consumers due to the lack of comprehensive understanding of product information, which is easy to cause selection errors.
In this case, it is not difficult to find from the problems reported by consumers that the pictures of the rooms provided by the hotel on the online platform are quite different from the rooms provided by the consumers when they check in, so that the consumers cannot accept them.
Here, the Municipal Consumer Association reminds merchants that when conducting online sales, they should provide consumers with comprehensive, true and objective information about goods and services in line with the basic principle of good faith, so that consumers can make correct and independent choices. In particular, foreign consumers should be more honest and credible, maintain a friendly and harmonious business attitude, and provide consumers with high-quality goods and services, so that they can have a good consumer experience. Because this is not only related to the quality of the business's own operation, but also related to the perception of foreign consumers on the local consumption environment, market environment and even the image of the entire region. While earning economic profits in operation, businesses should also assume the social responsibility of "local image business card" and pay attention to the formation of social benefits.
10
There is a problem with the quality of second-hand imported audio
12315 traces back to the source and solves problems
【Brief Facts of the Case】
In September 2023, consumer Li complained to the 12315 Center in Yuanbaoshan District, saying that the second-hand imported audio he bought at a mall in Pingzhuang for 10,800 yuan in August 2023 only took less than a week to have quality problems.
【Process and Result】
After receiving the complaint, the staff of the 12315 center in Yuanbaoshan District contacted the merchant to carry out an investigation. It is understood that this second-hand imported audio was purchased by the merchant through an online platform. The staff found that this second-hand imported audio did not have a Chinese logo by looking at the audio pictures sold on an online platform. In order to ensure that the legitimate rights and interests of consumers are effectively protected, the staff of the center patiently communicated with the customer service of an online platform, and negotiated with the customer service of an online platform in accordance with relevant laws and regulations. In the end, an online platform promised to refund the merchant, and then the merchant refunded the consumer.
【Case Study】
The difficulty in this case lies in the fact that the disputed goods are second-hand goods, and the operator is the "middleman" in this sales link, and if there is a quality problem with the goods, it can recover from the distributor at the next higher level, i.e., an online platform. However, if the recovery fails, it will lead to an impasse in the protection of rights. The staff of the 12315 Center in Yuanbaoshan District found the entry point and breakthrough point of the case in a timely manner, and conducted mediation in accordance with relevant laws and regulations. The mediation is based on Article 8 of the Law of the People's Republic of China on the Protection of Consumer Rights and Interests, which stipulates that consumers have the right to know the truth about the goods they purchase or use or the services they receive. Article 11: Where consumers suffer personal or property damage as a result of purchasing or using goods or receiving services, they enjoy the right to receive compensation in accordance with law. Article 52: Where proprietors provide goods or services that cause damage to consumers' property, they shall bear civil liability such as repairing, remaking, replacing, returning, making up the quantity of goods, refunding the price of goods and services, or compensating for losses in accordance with the provisions of law or the agreement of the parties. Article 36 of the Product Quality Law of the People's Republic of China stipulates that the goods sold shall have provisions such as the product name, manufacturer name and factory address indicated in Chinese, as well as the provisions of the E-Commerce Law of the People's Republic of China and other relevant laws and regulations. Under the condition that the facts are clear and the legal basis is sufficient, the consumer dispute can be satisfactorily resolved.
Consumer tips: second-hand goods due to quality problems consumer disputes are very easy due to the division of responsibility and difficulties in rights protection, so it is recommended that consumers in the second-hand goods consumption, to do their homework in advance: one is to choose a reputable business or platform, the second is to buy their own more familiar goods or find professionals or institutions in the relevant industry for identification, the third is to clearly agree on after-sales service and return responsibility, bulk commodities or large amounts of goods are best to sign a written agreement.
Source: Chifeng Market Supervision