Is There Any Legal Benefit In The Shop Notice In Department Stores?

Yuan and his son went to a department store to buy children's articles, but they did not know much about it. So they asked the salesmen to help them.

The salesgirl immediately enthusiastically took out a product, saying that the whole function was not too expensive, and many people bought it.

Yuan Mou believed in the truth, did not pay serious checks, then bought a salesperson recommended a brand of goods.

At home, Yuan's son began to use the product according to the introduction of the instructions.

It is found that the function and quality of the product are not the same as those described by salesgirl.

So Yuanmou hurried to the department store to find the woman.

Ask for return.

The salesman pointed to the wall and said, "you see, there are notices on the wall of our shopping mall, which are written on the wall, and will not be returned for sale.

I can't give you back! "

Case analysis: the twenty-fourth law of the consumer protection law stipulates: "operators shall not make unfair or unreasonable provisions to consumers in the form of contracts, notices, statements, shop notices, etc., or reduce or exempt the legitimate rights and interests of their consumers from civil liability.

The contents of the format contract, notice, statement, shop notice, etc., which contain the contents listed in the preceding paragraph, shall not be valid.

Case handling: this case is a case where an operator uses "shop notice" to damage the interests of consumers and to reduce their civil liability.

The shop notices posted in the department stores hurt the interests of consumers, so the provisions of "no sale of goods sold" in department stores are invalid, and the shopping malls should be refunded in full.

During the Spring Festival, Ms. Ma asked her son, who had just turned 13, to deposit her own lucky money in the bank downstairs. After she handed the 3600 yuan cash and passbook to her son, she did not ask again.

A week later, she found a game machine in her son's room and asked him that he had spent 1999 yuan on his savings in the department store.

Ms. Ma took her son to find a department store and asked for a return.

The operator refused to return the goods on the grounds that there was no quality problem.

Both sides argued, Ms. Ma went to the consumer association to make a complaint.

Case analysis: according to the twelfth article of the general principles of the civil law, "the minors over the age of 10 are persons with limited capacity for civil conduct, and can carry out civil activities that are compatible with their age and intelligence. In other civil activities, the agency is authorized by his legal representative or the consent of the legal representative". The son of Mrs. Ma is a person with limited ability to consume. The purchase of a game machine is not suitable for children who are just 13 years old.

Case handling: the local consumer association advocates that the operator return the goods, but taking into account Ms. Ma's oversight of her son and the rapid upgrading of her electronic products, Ms. Ma should also shoulder some of the responsibilities.

Finally, under the mediation of Consumers Association, the operator returned the goods, and Ms. Ma also undertook the loss of 200 yuan.

Case 3: operator suspected of fraud

Miss Han spent 3964 yuan on a necklace in a shopping mall, and later learned that her friend had bought the same necklace. When comparing the necklace with her friend, Miss Han found that the two necklaces were somewhat different in brightness and color.

Miss Han argued with the mall and came to the consumer association to complain.

The association authorized the authority to conduct an appraisal, which proved that the so-called "crystal" is actually glass.

Case analysis: the forty-ninth law of the consumer protection law stipulates: "if an operator provides goods or services with fraud, he shall increase the compensation for his losses according to the requirements of consumers, and increase the amount of compensation to 1 times the cost of goods purchased by consumers or the cost of receiving services".

Case handling: the Consumers Association staff went to the shopping mall to conduct an investigation, and the shopping mall had no objection to the appraisal results. Ms. Han finally received a full refund of the goods 3964 yuan, and received 1 times the compensation 3964 yuan, the shopping center assumed the appraisal fee, and the consumers expressed satisfaction with the mediation.