@Consumption encounters "annoying things"?Don't be afraid!The lawyer teaches you "see the trick"
Author:Taiyuan Daily Time:2022.07.27
How can I compensate for the vehicle that is not repaired according to the agreed project? Claiming that there are no side effects of beauty, and the face of the face appears with rash, what is the right to power? On July 26, during the latest issue of the Lawyer on Duty of the Consumer Association, Li Jiaxian, a full -time lawyer of Lugu Firm, Shanxi Zhongzhong, "see the tricks" for you.
"Excessive" maintenance 4S shop compensation
Consumption case: Mr. Zheng went to a 4S shop to repair the accident vehicle after a traffic accident. After inspecting the vehicle, the staff confirmed that the vehicle was only damaged by the car film and the car paint was not damaged. The two parties agreed that only the vehicle had no trace repair. When Mr. Zheng arrived at the store settlement, he found that the maintenance form showed two sheet metal paint paint maintenance records, which cost more than 8,000 yuan. The 4S shop said that it was caused by the staff's mistake. Mr. Zheng believed that he did not require spraying maintenance, and the maintenance record would affect the value of the vehicle during the second -hand car transaction. The two parties failed to negotiate. Mr. Zheng complained to the Consumer Association. In the end, the 4S shop agreed to compensate Mr. Zheng for 10,000 yuan, and even compensated a certain amount of member rights services.
Lawyer Li: Article 16 of the Law stipulates that if the operator and consumers have agreed, they shall fulfill their obligations in accordance with the agreement, but the agreement between the two parties shall not violate the provisions of laws and regulations. Article 577 of the Civil Code stipulates that if the parties do not fulfill their contractual obligations or do not meet the contractual obligations, they shall bear the liability for liability such as continuing to perform, taking remedial measures, or compensation for losses.
In combination with this case, consumers are advised to carefully verify the bills or service details provided by the operator when setting up the cost of shopping tickets and settlement orders to confirm whether the product or service is consistent with the agreed between the two parties. For those who violate the agreed between the two parties, consumers can ask the operator to bear the corresponding liability for breach of contract.
Propaganda misunderstandings of beauty salons refund fees
Consumption case: When Ms. Zhang did beauty care in a beauty salon, the beautician suggested to do the "freezing point hair removal beauty lip" project, and said that the project had no side effects. Ms. Zhang agreed. The beauty salon guides Ms. Zhang to sign a beauty project exemption agreement and complete the beauty project. After Ms. Zhang returned home, she had a rash on her face. The beauty salon did not resolve the reason for the normal response. Ms. Zhang then complained to the Consumers Association. After mediation, the beauty salon refunded Ms. Zhang's all costs and paid Ms. Zhang's later medical expenses.
Lawyer Li: The basis for this case is that Article 18 of the Consumers' Law stipulates that operators should ensure that the goods or services they provide meet the requirements of ensuring the safety of personal and property. For goods and services that may endanger personal and property safety, they should make real explanations and clear warnings to consumers, and explain and indicate the correct way to use goods or receiving services and how to prevent harm. And Article 20 of the Consumer Law stipulates that the operator provides consumers with information such as the quality, performance, use, and validity period of relevant commodities or services. It shall be true and comprehensive, and shall not be a false or misunderstanding of publicity. The inquiry of the operator's questions on the quality and usage of consumers on the quality and service of consumers should make a true and clear answer.
In combination with this case, consumers are advised to choose regular medical cosmetic institutions when doing beauty, and check the medical institution's practice license and practice physician qualification certificate in advance.
Reporter Huo Yan Li Xiaolin Taiyuan Evening News
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