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Close right increase to defend consumer, city of city of state of pool of combination of province consumer society, north of the Huaihe River, mound in relief city, 6 bring the 5 city pass the time in a leisurely way such as city He Huaina town assist, the imparity of a few market that reflect with respect to consumer stipulates combination is commented on, announce solely in our newspaper this morning.
Work off commodity does not return money without exception
Cigarette " leave bar " do not retreat
[case １ ] the Mr Li report that lives in Hefei pear to spend alley, in some cigarette bar buys cigarette of card of 4 red Anhui before dragon boat festival, discovery is opened to become moldy after going back, immediately asks to bazaar exchange a purchase is rejected. Assistant explanation says, false now smoke is numerous uggs sale, the gush of the number that prevent bogus of move big market piles up some gush, have no way of blame major personage discerns true bogus, and constant somebody moves a package with false smoke. So, besides the problem discovers after bar is opened at that time, do not grant otherwise exchange a purchase.
Food " custodial and undeserved " do not retreat
[case 2] Li Mou of consumer of Qing Yang county this year on June 11 (dragon boat festival) , in place some is integrated the supermarket buys Dali garden cake, the Xiaobao inside the box is installed and date of production indicating on outer packing was on April 2, 2005, the expiration period is 3 months. Took the discovery when eating on June 13 already mildew changes. Consumer looks for a supermarket to ask to return money, but the supermarket says food occurrence mildew changes is consumer fails microtherm is caused surely, accordingly cannot exchange a purchase.
Comment on an opinion: The goods such as smoke, wine, food, cosmetic, underwear is bought inside bazaar, do not grant exchange a purchase already became industry usual practice it seems that, whether reasonable, is this lawful? Above all, inn hall annunciate is home remedy should be made an appointment with only, do not form sanction; Next since these are common products, must press " product quality standard " assume corresponding legal responsibility, executive country sets 3 packets; The 3rd, apparently this is disclaimer, but " contract law " specific provision, two kinds of disclaimer disable, when causing harm to person namely, as a result of intended or when error causes belongings loss, all cannot avoid duty. " disappear law " have specific provision the 24th times to inequitable pattern contract, the fact is, if this kind of commodity is put in quality problem, can cause belongings loss to consumer. Accordingly UGG Classic Cardy Stonewash Boots, the regulation violates relevant law, statute related bazaar, belong to invalid.
Substandard goods not exchange a purchase
[case 3] this year in August, one consumer of Hefei city buys a clothing in some bazaar, the discovery after paying is writing on bill: Special (decrease) valence commodity caveat emptor.
Comment on an opinion: The fairness of consumer of enroach on of this one clause trades authority, do not accord with disappear law to concern a provision. To special offer commodity and substandard goods, bazaar is responsible tell pass the time in a leisurely way clearly assist, special offer because why and come, it is flaw of commodity itself existence after all, still be need of market sales promotion, if bazaar nonperformance tells obligation, with respect to the responsibility that cannot avoid oneself to should be assumed.
Award gift nonperformance " 3 packets "
Case 4 � on July 6, citizen grandson lady faces south in Hefei one domestic start business before long home appliance bazaar buys an air conditioning, add randomly give an electromagnetism heat. Used 10 days, electromagnetism furnace indicator light did not shine. Bazaar assistant says, gift is not retreated do not change, produce a problem not to guarantee. A lot of consumer encounter similar problem.
Comment on an opinion: This belongs to inequitable format regulation. No matter be gift or award,should execute " 3 packets " . Protect byelaw according to visitting customer the 26th " operator gives for sales promotion or the commodity of promotive consumer or service ought to assure quality, must not absolve its to change, repair, the civil liability such as re-act " , last store just agrees to be repaired to consumer.
Free parking lot, do not assume the responsibility that lose a car?
[case 5] one consumer of Hefei city in some large supermarket shops when, will fly to the parking lot that spends card car to stop in the supermarket to offer inside. After shopping, discover mothball compartment builds the car to be opened, compartment is locked up by prize. Consumer immediately finds a supermarket, guard personnel to admit the car is in a parking lot by prize, but different idea compensation, chief says: "We offer free parking lot, all loss supermarket is irresponsible, we can accompany you to public security bureau reports a case to the security authorities or arrive disappear assist go complaining. We can accompany you to public security bureau reports a case to the security authorities or arrive disappear assist go complaining..
Comment on an opinion: According to " contract law " , " disappear law " concerned regulation, consumer shops in bazaar, form consumption to serve a relation with bazaar, the car inside custodial good parking lot, it is the collateral obligation that bazaar fulfils service contract. Car is lost or injure somewhat, because operator did not fulfill custodial and compulsory be caused by well,all be, although the parking lot is free, operator still has responsibility to consumer loss.
" the notice that put a package " the question is much
The ark that send thing serves only, not responsible
[case 6] some consumer of city of north of the Huaihe River is when supermarket check article, encounter place to put article have things stolen. Supermarket refus is not compensated for, because the supermarket is in,the reason is " the notice that put a package " in indicate clearly " the ark that send thing is service qualitative, bazaar does not bear responsibility of custodial have things stolen " .
Comment on an opinion: Bazaar wants consumer to put a package, it is to go to the lavatory oneself manage, provide more appropriate shopping environment to consumer at the same time, with absorbing gas. Accordingly, it is not service not only, and the one part that still is market management action. In the meantime, it still is contained mandatory, the right is bazaar completely, obligation is consumer completely, cannot avoid naturally duty. Wanted consumer to put a package only uggs sale, obtain the evidence that put a package, the contract that goes up with respect to fact of compose accomplish sth concerns, bazaar has custodial responsibility.
Check exceeds 3 days, proper motion processing
[case 7] too discover when some supermarket shops with prefectural consumer, this supermarket " put packet of notice freely " specific provision: ① " if the card that put a package is missing, compensatory cost expends 5 yuan " . ② " check article is taken away in time please, more than 3 days, this supermarket has authority processing, do not assume any responsibility " .
Comment on an opinion: The 2nd regulation belongs to inequitable format regulation. the custodial deadline with respect to check article, bazaar has authority to protect self interest lawfully, but inequity of the person that must not make offset expend, unreasonable regulation. Consumer is break a contact of exceed the time limit, just also undertake responsibility of breach of contract. According to law sets, the droit of check content still is consumer, bazaar has no right to deal with by oneself. Relevant Information：

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