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Can I claim for a temporary commodity

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Can I claim for a temporary commodity


        

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Favorable reply
  • 2024-06-18 12:00:59

    You can't claim compensation from the merchant when you buy the goods on time. Temporary commodities that are about to reach the shelf life but are still within the shelf life belong to the scope of safe food and drugs. It is not expired within the warranty period, and can be sold while maintaining the quality. The consumer has no right to claim compensation from the merchant and does not support the return, and the two parties shall discuss separately if they reach an additional agreement. "No claim can be made when purchasing the goods on the verge of expiration, but the merchant should give a prompt to the consumer about the products on the verge of expiration, and can return or exchange the goods. No compensation can be made without expiration of the warranty period and quality problems.
    Article 96 of the Food Safety Law clearly stipulates that those who violate the provisions of this Law and cause personal, property or other damages shall be liable for compensation according to law. "

    Legal basis

    Article 148 of the Food Safety Law of the People's Republic of China, if a consumer suffers damage due to food that does not meet the food safety standards, he or she may claim compensation from the operator or the producer. Producers and operators who have received claims for compensation from consumers shall implement the first responsibility system, pay compensation first, and shall not shirk responsibility; If it is the responsibility of the producer, the operator has the right to recover from the producer after making compensation; If it is the responsibility of the business operator, the producer has the right to claim compensation from the business operator after making compensation.
    If a consumer produces food that does not conform to the food safety standards or knowingly sells food that does not conform to the food safety standards, in addition to demanding compensation for losses, he or she may also demand that the producer or business operator pay ten times the price or three times the loss; If the amount of additional compensation is less than 1000 yuan, it shall be 1000 yuan. However, food labels and instructions have defects that do not affect food safety and will not mislead consumers.

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