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Can I claim for the quality of the gifts?

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Can I claim for the quality of the gifts?


        

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  • 2024-06-14 17:00:47

    Can I claim for the quality of the gifts? The merchant shall bear the responsibility of return or compensation. The merchant shall bear the responsibility of return or compensation. From the perspective of the Contract Law, the so-called "gift" of merchants is different from the general gift. Consumers can only obtain the "gift" goods when the total consumption of the designated goods reaches a certain amount at the designated place according to the requirements of merchants. Therefore, this "gift" of merchants is conditional, not free. China's "Contract Law" stipulates that, for a gift with obligations, if the gift property is defective, the donor shall bear the same responsibility as the speaker within the limits of the obligations. Therefore, supermarkets should be responsible for the quality of gift commodities. From the perspective of the Consumer Protection Law, it is an inviolable right for consumers to obtain genuine goods. Even if it is a gift, it should also have qualified, qualified, and agreed quality. Merchants should not provide substandard products or counterfeit products on the grounds of gift. In fact, most of the gifts used by merchants for promotion are also included in the cost of sales. Therefore, gifts are actually products used by businesses to sell, which should be subject to the Consumer Protection Law and the Product Quality Law. To sum up, if the prizes or gifts used by the merchants for promotion have quality problems, the consumers can also ask for return or compensation. The lawyer reminds you that it is also fraud if the gifts do not conform to the promise. In some cases, consumers can claim compensation of three times the value of the goods when they demand return. If personal and property losses are caused to consumers, consumers have the right to claim compensation from operators. There are two legal problems that the gift does not conform to the promise: one is how to bear legal responsibility for the quality problems of the gift products; Second, what kind of compensation can consumers get when operators commit fraud. First of all, according to Article 24 of the Law on the Protection of Consumers' Rights and Interests, and referring to Article 12 of the Measures for the Administration of Retailers' Promotion Behavior, "Retailers shall not reduce the quality and after-sales service level of promotional goods (including prizes and gifts sold with prizes), and shall not use unqualified goods as prizes and gifts", As long as the goods provided by the operator do not conform to the agreement, consumers who demand compensation from the operator should apply the Consumer Rights Protection Law to deal with it. Secondly, according to Article 55 of the Law on the Protection of the Rights and Interests of Consumers, "if a business operator commits fraud in providing goods or services, it shall increase the compensation for the losses it has suffered as required by consumers, and the amount of increased compensation shall be three times the price of goods purchased or the cost of services received by consumers". Article 191 of the Contract Law stipulates that "for a gift with obligations, if the gift property is defective, the donor shall bear the same responsibility as the seller within the limits of the obligations." Therefore, consumers should not rush to consume in front of various preferential activities, and should not rush to sign a contract to pay when buying high priced goods, so as to avoid falling into a consumption trap. At the same time, businesses should also try to pay attention when giving gifts. Do not give unqualified or defective products to avoid unnecessary trouble!
    The donor shall not be liable for any defect in the donated property in accordance with the first paragraph of Article 191 of the Contract Law of the People's Republic of China. In the case of a gift with obligations, if the gift property is defective, the donor shall bear the same liability as the seller to the extent of the obligations. The first paragraph of Article 23 of the Law of the People's Republic of China on the Protection of the Rights and Interests of Consumers shall guarantee the quality, performance, purpose and validity of the goods or services they provide under the condition of normal use of goods or receipt of services; However, the consumer is aware of the defect before purchasing the goods or receiving the service, and the existence of the defect does not violate the mandatory provisions of the law. Article 12 of the Measures for the Administration of Retailers' Promotion Activities: Retailers shall not reduce the quality of promotional goods (including prizes and gifts sold with prizes) and after-sales service level, and shall not use unqualified goods as prizes and gifts. The above answers are sorted out for you, and I hope they can help you.

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