by Pete Ashton

Article by jekky

Spring Festival approaching, some businesses it chattering away, huh promotional activities, including free gifts to become one of the most common means of promotion. However, the gifts also led to a number of consumer disputes, for example, when consumers return gifts that should not retire? If gifts have been used to discount back when? The gift led to injuries to consumers who pay the bill? With these questions in recent days, the reporter conducted a survey interview. Back Refrigerator Gifts that when you retire? Recently, some people Mr. Gao in the city center to buy a more than 10,000 yuan of Refrigerator , As businesses engage in promotional activities, so he will receive a free Microwave ovens And a Electric kettle . “At the time, is to catch up my microwave is broken, so take home as gifts in the microwave, I would use.” However, let Mr. Gao did not think that will receive the microwave to use quite satisfactory, But the refrigerator has a problem: He found that the refrigerator has a sunken wall marks, and some feature does not let his satisfaction, he intended return. After consultations, merchants found that the refrigerator in the “three guarantees” within the scope agreed with returns, but requested that Mr. Gao returned all the gifts, and if the gifts have been used, according to the initial premium on the price to discount, he needed compensation for some discount. This Mr. Gao is not accepted: “return not because of my reasons, I have no responsibility, it should return the gift; In addition, the price written in the original gift is the price before discount, this price discount is not fair.” Different lawyers CASE statement Yesterday, this reporter consulted Shahekou Wang CASE staff, he said, at present, gift indeed caused a lot of consumer disputes, but the state laws and regulations on the return, the gifts should be returned is not clear that In general, the two sides can settle. Liaoning, Wang Wei, was lawyer One law firm that gifts are usually between merchants and consumers based on real, objective contract for the sale of goods and business conditions attached to the product of a gift, if the contract of sale of goods is invalid or revoked, Consumers should return the gifts made, but the freight business should take. Dalian CASE the responsible persons have different views, that person that if manufacturers or businesses because of the reasons leading to returns, consumers can not return the gifts. Because, if the business event of default or fault, return is not determined by the subjective will of consumers, businesses should be held accountable. And if businesses adhere to the “non-refundable premium will not return”, as against the “three guarantees” in the unconditional return of the relevant regulations. Remind Problems caused by the many gifts, for example, Mr. Han people to buy certain goods at the time, will receive a one iron pot, in his use of the pot, its glass lid suddenly burst, causing his left hand blown injury. Mr. Han then found the business to discuss that idea, but the other party that is the gift of the pan instead of shopping goods, so shopping should not be responsible. This, Shahekou CASE staff, said Mr. Wang, gifts also provide business and for the fees to use, and its also provide the “three guarantees” Service , Premium quality problem, or even cause harm to consumers, businesses should be responsible. The dispute on the gift, Mr. Wang reminded that, in fact, businesses can avoid the risk of loss of gifts, such as pre-signed specific agreements with the consumer, the consumer agreed return, you need to return the gifts, and gifts to be used once How should we discount so. In this way, avoid disputes, also prevent the loss.

(more…)