Customers buy yogurt and expire for 1 minute to claim 1,000 yuan, and finally get 400 yuan

Xiaoli in Ningbo Zhenhai bought a bottle of yogurt in the supermarket

During the checkout, I suddenly found that the yogurt expired for 1 minute

Xiao Li claims 1,000 yuan to the supermarket for this

But it was rejected by the supermarket

So, how to solve this matter?

Should the supermarket compensate?

Buy a 1 -minute yogurt

Customer finally compensated 400 yuan

One day ago, Xiao Li went to the supermarket to shop, walked to the yogurt sales counter, and chose a bottle of yogurt with a price of 4.9 yuan. After the checkout, Xiao Li glanced at the receipt ticket, showing the checkout time at 8:29 pm. Xiao Li looked at the yogurt bottle again. The shelf life was 21 days, and the deadline until 8:28 that night. "Even for a minute, it was expired." Xiao Li made a request to claim 1,000 yuan. However, the supermarket said, "The return is available, and the compensation is not available." For this incident, the two sides negotiated many times, but never reached an agreement.

Xiao Li believes that the expired yogurt is the responsibility of the supermarket, and he decided to ask for himself. Therefore, he filed a lawsuit to the local court, asking the supermarket to compensate 1,000 yuan. The court entrusted the case to the local people's mediation committee for mediation. Under the persuasion of the mediator, the two parties finally reached a settlement, which was compensated by the supermarket to 400 yuan.

Netizen:

Just right protection, reasonable and legal

The product expires for 1 minute

Should the seller be liable for compensation?

Which is the transaction time of the product?

According to the law, from the moment Xiao Li paid for milk, the ownership of the milk was transferred from the supermarket to Xiao Li, and the risk responsibility was transferred to this. The critical time point is based on the detailed time displayed on the small ticket. Before that, all the problems of the yogurt were responsible for the merchant; since then, Xiao Li is responsible. Therefore, even if the difference is one second, the supermarket should bear legal responsibility.

What kind of legal liabilities should merchants take on expired products? According to the "Food Safety Law of the People's Republic of China", if consumers are damaged by foods that do not meet food safety standards, they can request compensation for losses from operators, or they can also request compensation for producers.

The manufacturer who receives consumer compensation shall implement the first responsible system, pay first, and shall not be pushed; if it belongs to the producer responsibility, the operator shall have the right to recover from the producer after compensation; Later, he has the right to recover from the operator. The production of foods that do not meet the food safety standards or the operation knows that it is a food that does not meet the food safety standards. In addition to requiring compensation for losses, consumers can also ask producers or operators The amount of compensation is less than 1,000 yuan and is 1,000 yuan. However, except for food labels and instructions that do not affect food safety and do not mislead consumers.

Not to buy all the fast -expired products, you have to compensate

Relevant lawyers also said: "If the customer knows that the commodity is about to expire, and deliberately obtain the product without buying it in time, the supermarket may not be liable for compensation."

Because Article 2 of the "Consumer Rights Protection Law of the People's Republic of China" states that "consumers need to purchase, use goods or receive services for living consumption, and their equity is protected by this law." The behavior is to be protected by the need to buy, use goods or accept services for life.

If consumers get the product first, and then deliberately delay the time to expire the goods, and then buy it for claims, there will be the intention of extorting the merchant, and the serious legal liability will be investigated in accordance with the criminal law.

When buying food, try to choose regular supermarkets or stores, do not choose unlicensed stores or stalls. The packaging should be checked to ensure no damage, no increase in bags, leakage and other phenomena. Pay attention to key information such as production date and shelf life on food labels to ensure that the product is during the shelf life. If you find foods that are marked with false production dates, shelf life or sales exceeding the shelf life, such illegal acts should be reported.

In addition, pay attention to the storage conditions of food to ensure that food must be stored under the conditions of label requirements. If you find that refrigerated or frozen foods are placed at room temperature, do not buy it.

You also need to consume scientific and rational consumption. Do not buy a lot of related foods to avoid expiration and cause waste. After purchasing, you should also eat as soon as possible during the shelf life.

Source: Rule of Law Wucheng, Beijing Youth Daily, News Morning News, Zhejiang Legal Daily

Disclaimer: Reproduced this article out of the purpose of passing more information and conducive to the law of law. If there is an error or infringe your legitimate rights and interests, the author is requested to contact the Law of Qinghai with the authority. We will correct and delete it in time. Thank you.

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