Yiwu, Zhejiang released ten cases of consumer rights protection in 2021.

China Quality News Network News In 2021, the market supervision system in Yiwu City, Zhejiang Province received a total of 138,795 consumer complaints and reports, which was 30.7% lower than that in 2020, including 66,474 complaints and 70,297 reports, saving consumers a total economic loss of 5,429,200 yuan.

From the analysis of complaint categories, the top four commodities are household items 12,676, clothing, shoes and hats 6,780, children’s products 4,179 and general food 3,851 respectively. Services accounted for 8370 sales services, 1662 catering and accommodation services, 515 beauty salons and bathing services, and 266 complaints about production, maintenance and repair. In order to give full play to the warning education function of the case, effectively protect the legitimate rights and interests of consumers, and raise the public’s awareness of consumer rights protection, the top ten typical cases of consumer rights protection in the city in 2021 are hereby notified as follows:

1. Merchants induce consumption

Rational consumption should not be credulous.

Brief introduction of the case

In January, 2021, when shopping in a supermarket in Shangxi Town, Mr. Yu inadvertently found that the jewelry store in the supermarket was holding a lucky draw, and he participated in it with the mentality of trying his hand. As a result, he won the first prize. The clerk said that he had drawn a jade ornament worth 22,980 yuan, but he had to pay an additional processing fee of 2,000 yuan to extract the commodity. At that time, Mr. Yu paid for the goods when his mind was hot. Later, after being screened by a friend, he found that the jade was only worth a few hundred yuan. When he went to the merchant, he wanted to return the money or the discount was rejected, but he could only complain. After mediation by the market supervision office of the jurisdiction, the merchant agreed to apologize to Mr. Yu, return the goods and refund, and give another piece of jewelry.

Consumer Reminder: In real life, it is a common deception for unscrupulous merchants to engage in commodity promotion activities in a false way such as prize-winning sales. Consumers must be vigilant and consume rationally, and they should not ignore all kinds of consumption traps just because they think they are "cheap". In the face of prize-winning sales, consumers must be rational, carefully read the detailed information such as award setting, redemption method and activity rules, and report to the regulatory authorities in time when their rights and interests are infringed. In addition, consumers should have the habit of keeping relevant consumption vouchers to facilitate rights protection.

2.Wechat shopping is difficult to return

Mediation of disputes according to law

Brief introduction of the case

At the end of June, 2021, Ms. Ye, a Qingdao consumer, was attracted by a Wechat business advertisement on WeChat platform, and bought a natural emerald bracelet with the value of 2,888 yuan. Before purchase, the merchant indicated that the goods could be returned within 24 hours after receipt. After receiving the goods on July 3rd, Ms. Ye didn’t like the appearance and wanted to exchange the goods. After being confirmed by the person in charge of Wechat business, she sent them by SF Land, but she didn’t expect that the merchants had to send them back by SF Air, otherwise the delivery time would exceed 24 hours, and the goods could not be returned. Despite several communications, the merchant has never agreed to return the goods for a refund. Helpless, Ms. Ye had to make a claim for rights protection through the market supervision complaint platform. In the mediation, the staff pointed out that the behavior of merchants asking consumers to deliver goods by SF Express within 24 hours has increased unreasonable obligations and expenses for consumers and infringed on their legitimate rights and interests. After mediation, the merchant agreed to return the goods for a refund.

Consumer Reminder: Shopping on WeChat platform is a way to sell goods online, and it should abide by the relevant provisions of the Consumer Protection Law and the Interim Measures for Seven Days’ Return of Goods on the Internet without Reasons. Operators engaged in online commodity service transactions should operate in good faith and abide by the law, enhance their legal awareness, and strictly abide by the seven-day return without reason. Due to the lack of platform supervision, Wechat business should consciously perform after-sales obligations in strict accordance with the Consumer Protection Law, the Measures for the Supervision and Administration of Online Transactions and other laws and regulations. When dissatisfied with the online shopping goods, consumers should apply for a refund in time if the goods are not damaged, arm themselves with legal weapons and safeguard their legitimate rights and interests.

3.Tiles turn from light gray to dark gray.

Who is responsible for the loss?

Brief introduction of the case

In November 2021, Ms. Wu ordered a batch of floor tiles in a ceramic firm in Dachen Town, Yiwu City for 5280 yuan, and agreed that the merchant would be responsible for transporting and installing the tiles. When the follow-up merchants delivered the goods, Ms. Wu was not at home, and her family cooperated with the merchants to carry out the paving. Ms. Wu went home a few days later and found that the color of the floor tiles on the spot was obviously inconsistent with the color of the samples when ordering. The ones ordered were light gray and the ones paved were dark gray. Ms. Wu asked to stop the construction and replace it, but the merchant thought that the model of the floor tiles was the same as that purchased by Ms. Wu, and the floor tiles had been partially paved, so they were unwilling to replace and compensate. After verification, there are obvious differences between the colors of the floor tiles ordered by Ms. Wu and those paved. After mediation, the consumer agreed that the merchant would refund the payment of 5,000 yuan, and the laid floor tiles would not be removed or replaced.

Consumer Reminder: When consumers buy home improvement building materials such as floor tiles that are displayed in kind samples, they should pay attention to retaining the specific details of the selected styles, and confirm with the merchants in the form of written or kind samples. If both parties have an agreement on the details of the transaction, they must clearly state it in the corresponding contract or bill. Once consumers find that their legitimate rights and interests have been infringed, they should seek the help of relevant departments in time and take up legal weapons to safeguard their legitimate rights and interests. At the same time, when selling goods, operators of home improvement building materials must remind consumers of the relevant situation if there may be color difference or other defects in different batches of products, earnestly fulfill their obligation of informing, and make written confirmation with consumers when delivering goods to avoid unnecessary disputes or losses.

4.Toy allergy leads to disputes

The rights and interests of infants need more attention.

Brief introduction of the case

In August, 2021, Ms. Zhu, a consumer, bought a toy named "Magic water sprite" on Tmall platform, and gave it to her children to play with after receiving the goods. She didn’t want her children to have symptoms of redness and swelling in a few days. After hospital examination, she was diagnosed as a blood infection caused by skin, resulting in medical expenses of more than 3,500 yuan. Ms. Zhu failed to negotiate with the merchants and had to complain to the market supervision office in the jurisdiction. After investigation, the "Magic water sprite" toys sold by the merchants were purchased through formal channels, and the products have been certified by the state compulsory products, and no illegal acts were found in the sales process of the merchants. Considering that Ms. Zhu’s child did have serious allergic symptoms due to the use of this product, after patient persuasion, the two sides finally reached an agreement, and the merchant agreed to bear the medical expenses of 3,512 yuan.

Consumer Reminder: Article 18 of the Consumer Protection Law stipulates that business operators should ensure that the goods or services they provide meet the requirements of protecting personal and property safety. For goods and services that may endanger personal and property safety, consumers should be given a true explanation and a clear warning, and the methods of correctly using goods or receiving services and the methods of preventing harm should be explained and marked. Although there is no product quality problem in the products sold by the merchants in this case, there are many chemicals in the products, which come into contact with the skin in a large area during use, and there is an allergic risk to individuals with different constitutions. Merchants should predict and remind all kinds of risks of products in the sales process, and fulfill their obligation to inform.

5.difference of a single word

Although it is careless, it is also responsible.

Brief introduction of the case

In March, 2021, Mr. Zhou bought two cans of baby milk powder in a maternal and child store in Choucheng. When he brewed the baby, he found that the printing on the bottom of the milk powder jar did not match the signboard of the store. Mr. Zhou was very worried about the quality of the milk powder, so he complained to the market supervision office in the jurisdiction. After verification, the maternal and infant store provided the food production license, food business license, test report and sales list of the milk powder sold, but Mr. Zhou’s milk powder was indeed purchased in the store, with relevant bills as evidence, and the bottom of the milk powder did have typographical errors. The merchant said that the goods sold in the store were uniformly allocated by the general warehouse. In order to distinguish the whereabouts, the name of the store was printed on the bottom of the milk powder, and an employee printed the word "love" into the word "ai", which led to the complaint. After mediation, the maternal and child store finally agreed to compensate Mr. Zhou for 8 cans of milk powder with the same brand and the same number of segments.

Consumer Reminder: According to Article 21 of the Consumer Protection Law, business operators should indicate their real names and marks. As a seller of milk powder, although there are no subjective mistakes and quality defects, the difference between the words "love" and "ai" has caused unnecessary troubles to consumers, and they should reasonably bear tort liabilities such as compensation for losses.

6.The restaurant slipped and fell.

Defend rights according to law and get compensation

Brief introduction of the case

In October 2021, when a consumer Yang was dining in a hot pot restaurant in Choujiang, he accidentally fell down the steps and hit his back waist because the ground in the store was slippery, and was diagnosed as a sacral fracture by the hospital. Due to the great differences between the two sides on the responsibility, they complained to the Consumer Protection Committee. After receiving the complaint, the Municipal Consumer Protection Committee organized personnel to conduct an investigation and verification at the scene, confirming that the consumer Yang slipped and fell when he was eating at the store because the bottom of the hot pot spilled on the ground. After many mediations, the two sides reached an agreement, and the restaurant compensated Yang for medical expenses, nursing expenses, lost time and other 12,000 yuan at one time.

Consumer Reminder: Article 18 of the Law on the Protection of Consumer Rights and Interests stipulates: "Business operators shall ensure that the goods or services they provide meet the requirements of protecting personal and property safety. For goods and services that may endanger personal and property safety, consumers should be given a true explanation and a clear warning, and the methods of correctly using goods or receiving services and the methods of preventing harm should be explained and marked. Operators of hotels, shopping malls, restaurants, banks, airports, stations, ports, theaters and other places of business should fulfill their security obligations to consumers. " Article 49 stipulates: "If a business operator provides goods or services and causes personal injury to consumers or other victims, it shall compensate medical expenses, nursing expenses, transportation expenses and other reasonable expenses for treatment and rehabilitation, as well as the income reduced due to absenteeism." In this case, the operator should compensate the consumer for the related treatment expenses and lost time because the hot pot bottom spilled on the restaurant floor caused the floor to be slippery and directly caused the consumer to fall.

7.Sign a contract and fail to perform it

Consumer protection and mediation help safeguard rights.

Brief introduction of the case

In November 2020, consumer Li paid 23,000 yuan in an art training company to participate in the art test training. When signing the agreement, he agreed that if he failed the exam, he could get a refund of 80%. After training, Li failed to go online in the 2021 art test. Li repeatedly found the training company to request a refund of the training fee according to the contract, but the training company did not perform the contract. Li had no choice but to complain to the market supervision office in the jurisdiction in June 2021. After investigation and verification, the situation reflected by Li is true. After organizing on-site mediation between the two parties, the training company finally refunded 80% of the training fees to consumers at one time in accordance with the contract, totaling more than 18,000 yuan.

Consumer Reminder: Article 577 of the Civil Code stipulates: "If a party fails to perform its contractual obligations or fails to meet the contract obligations, it shall bear the liabilities for breach of contract such as continuing to perform, taking remedial measures or compensating for losses." Article 16 of the Law on the Protection of Consumers’ Rights and Interests stipulates: "When providing commodities or services to consumers, business operators shall perform their obligations in accordance with the provisions of this Law and other relevant laws and regulations. If the operator and the consumer have an agreement, they shall perform their obligations in accordance with the agreement, but the agreement between the two parties shall not violate the provisions of laws and regulations. " This case is a typical case about the non-performance of education and training. After consumers purchase training services, they fail to pass the art test, and the training company fails to perform the agreed behavior according to the contract, which infringes on the legitimate rights and interests of consumers.

8.Snails are eaten in lettuce

Merchants pay 1,000 yuan.

Brief introduction of the case

In March, 2021, consumer Li ate snails while eating lettuce at a barbecue restaurant in Jiangdong. After discovering the problem, the merchant originally promised to give free treatment, but because the consumer took pictures on the spot and uploaded them to the circle of friends, the merchant asked him to delete the content of the circle of friends, but the consumer was unwilling and had to come to the market supervision office in the jurisdiction for mediation. After mediation, the consumer Li deleted the content and pictures of the circle of friends, and the merchant agreed to compensate the consumer for 1600 yuan.

Consumer Reminder: A good meal can maintain ten thousand families, and the daily necessities are related to the overall situation, and food safety is no small matter. Merchants should bear corresponding responsibilities if they produce and sell food that does not meet food safety standards. Typical cases of food safety have important propaganda and warning significance for standardizing market operation order and protecting food safety. As consumers, they should raise their awareness of safety when buying food, choose formal channels, and protect their rights in time once problems are found.

9.Not fully informed

The negative film "lost" and caused trouble

Brief introduction of the case

In April 2021, consumer Mr. Xiong complained that he took a group of wedding photos worth 7,800 yuan in a photography shop in the urban area in July 2020. Shortly after filming, Mr. Xiong and his wife, who had never been to Anhui, actually learned from local friends in Anhui that their wedding photos appeared in the window of a photo studio in Anqing City, Anhui Province. After verification, there is an agreement in the contract that the photography shop should delete all relevant archived photos and negatives after the film selection. The photography shop admitted its mistakes. After mediation, the photography shop finally agreed to compensate Mr. Xiong for 5,000 yuan, and contacted the photo studio in Anqing City, Anhui Province to remove the photos of Mr. Xiong and his wife in time.

Consumer reminder: citizens have the right to portrait, and they are not allowed to use other people’s portraits for profit without their consent. The wedding photography shop in Anqing City, Anhui Province, without the consent of Mr. Xiong and his wife, used their wedding photos to be displayed in the shop window for advertising, infringing on the portrait rights of Mr. Xiong and his wife, which is an infringement. As a service provider, the photography shop in Yiwu failed to inform consumers of the outsourcing of photography services, failed to inform the outsourcing team of the film deletion agreement, failed to find and effectively stop the film outflow for window display in time, and should bear the corresponding tort liabilities such as compensation for losses and apology.

10.New cars are easier to buy than to buy.

Mediation gives a refund.

Brief introduction of the case

In March 2021, consumer Wang bought a Dongfeng motor at an automobile sales center, and spent 109,000 yuan (including a license). When picking up the car, he found that the car was overweight and could not get a certificate or a license. The dealership said that after adjusting the good car, it would follow up the business, but it has not been done well. At the end of the month, it contacted the vehicle management office and learned that the vehicle was illegally produced and had major safety hazards, and the state no longer arranged for the vehicle to be licensed. Consumers believe that the car dealership still sells illegal vehicles knowing the relevant policies of the state, and complain to the market supervision office in the jurisdiction for a refund and compensate for the loss of 10,000 yuan. After verification, the experience of consumer Wang was true, and the car dealership could not solve the problem that the car could not be licensed. After mediation, the car dealership agreed to return the car for a refund, and the consumer also accepted it.

Consumer Reminder: When buying a car, consumers should pay attention to choosing a regular authorized dealer to buy a car, and when signing a contract, they should reflect the specific commitments in the contract. Don’t believe in propaganda such as "low price" and "discount". Novices who don’t know much about cars should find friends who are familiar with cars when buying a car to prevent being deceived. After buying a car, you should pay attention to storing the relevant information and vouchers (such as car purchase invoices, product descriptions, sales contracts, maintenance records, etc.). When your legitimate rights and interests are infringed, you should complain in time and actively protect your rights.

(Source: Yiwu Market Supervision)