Recently, I fancy a certain cashmere sweater brand in a department store in Yangpu District. I have a very good taste for the color and style of this dress, so I didn’t pick more and bought one. The offer price was 1,280 yuan.
After returning home, when I tried on it, I found that the shoulders on the clothes were obviously larger and the locals were obviously better. I turned to a bad one and looked at it carefully. It turned out to be a trace of repair. I was very upset about this. I clearly bought a genuine cashmere sweater. Why did it show repaired marks? Obviously the defective product is sold as a genuine consumer, and this business is too generous!
The next day, I took the cashmere shirt to find a business negotiation, asking the seller to return the goods and give a reasonable explanation. At the beginning, the merchants did not confess that the cashmere sweater had quality problems. They also repeatedly emphasized the quality of the products. There was no doubt that the salesmen were in a bad mood and refused to make any explanations. They also asked me questions. The salesperson also puts emphasis on reasons to say “Our cargo platform has just started to sell clothes in the mall, and it is impossible to deliberately sell the repaired clothes to consumers†and so on. I was very angry about this, and on the spot I had to fight with the salesman. The surrounding customers couldn't stand it anymore. They all confessed that the clothes had signs of patching, and they had repeatedly criticized the merchants for their bad service.
In view of the merchant's mood, I believe that the business is knowingly committing crimes, knowing that there are quality problems in the merchandise and selling it as a genuine product. I am suspected of spending fraud. I beg the merchant to return the product and double the compensation. However, the merchants only agree that the return does not endorse the compensation. I cannot accept this and complain to the Yangpu District Consumer Protection Committee and the media.
Reporter connection
After receiving the complaint from Mr. Zhang, the Consumer Protection Committee of Yangpu District got in touch with both parties. The two parties were actually uncontroversial about the complaint.
Businesses repeatedly indicated that the cargo platform had just entered the mall and began selling cashmere sweaters. There were no sales records before, and there was no reason to “deliberately sell the repaired cashmere sweaters to consumersâ€. It was not recognized that Mr. After the defective cashmere sweater was repaired, it was sold as authentic." However, Mr. Zhang insisted that the description of the merchants was entirely based on the practice. It was practical to purchase a cashmere sweater that had been repaired. “The merchant is suspected of spending fraud and should make corresponding compensationâ€.
“The goods sold by the brand freighters should be brand new, unpatched goods, and should bear the corresponding inspection responsibility for the commodities that are sold out of the box.†Yangpu District Consumer Protection Committee analyzed that in the past two years, the two companies have spent a lot of time in making money. The fact that the cashmere sweater has been repaired has been confessed to be true, which means that there are certain work mistakes when the merchant sells the repaired cashmere sweater to the consumer, and should bear the corresponding liability for compensation, and should adopt a sincere feeling to indicate to the consumer. Sorry, Mr. Zhang's considerations should be obtained. He should not focus on objective reasons to sue Mr. Zhang.
In this regard, Yangpu District Consumer Protection Committee prompts consumers to buy goods in a physical store, be sure to check the quality of the goods on the spot is not flawless, together to obtain the shopping credentials. According to the relevant legal rules, assuming that the clothes do have quality problems, the consumers can ask for a return.
Lawyer
Mr. Zhang bought a repaired cashmere sweater at the department store's brand freighter. Is the company's practice suspected of spending fraud? Shouldn't he be compensated after the return? Let's listen to the lawyer's analysis.
According to Yan Jiabin, a lawyer of Shanghai Longitudinal Law Firm, the fact that the cashmere shirts have been repaired has already been confessed to the two sides, then the focus of the dispute between Mr. Zhang and the merchants lies in the fact that the practice of selling the cashmere sweaters has been repaired. Is it due to fraud? Consumers' practices.
“The merchants who sold the repaired cashmere sweaters did not take the initiative to give advance notice. This is primarily a consumer’s right to know.†However, Yan lawyers told reporters that damage to the consumer’s right to know does not of course constitute fraudulent spending, and it also requires intentional concealment. The situation is one-sidedly malicious. Specifically, in this case, assuming there is no evidence that merchants have “knowing that cashmere sweaters have been repaired and are deliberately concealed and soldâ€, it is impossible to clean up the possibility of business mistakes. Moreover, according to the Measures for Disciplinary Treatment by Fraudulent Consumers issued by the State Administration of Industry and Commerce, the sale of repaired cashmere sweaters is not attributed to the need for merchants to self-certify that there are no fraudulent intentional sales practices.
In spite of this, Yan Yan still believes that, assuming that the merchant damages the consumer’s right to know but does not constitute fraud, according to the 40th rule of the Consumer Protection Law, the consumer is legal when purchasing or using the product. If the rights and interests are damaged, the seller may be asked for compensation. Therefore, Mr. Zhang can still make certain compensations to the merchants accordingly.
The reporter learned when he was a manuscript that he was repeatedly reconciled by the Consumer Protection Committee of Yangpu District. After all, the merchants had agreed to make a full refund for Mr. Zhang and gave him one-time financial compensation. Mr. Zhang also indicated that he would accept this treatment plan.
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