One day, Xiao Li went downstairs to the supermarket to buy something, and saw the activity of receiving gifts for 50 yuan in the supermarket, so he bought a lot of things that may be used in life, and got the beautifully packaged gifts as he wished.
But when Xiao Li went home, he didn't find the relevant product qualifications on the gifts, there were obvious flaws in the workmanship, and there was an uncomfortable smell, so Xiao Li took the gifts to find the supermarket theory.
Xiao Li asked the supermarket to return or compensate, but the supermarket refused to return or compensate on the grounds that the consumer did not spend money and got an extra gift.
So, do you think that if there is a problem with the gift given by the merchant to the consumer, can the consumer ask the merchant to return or compensate?How can consumers solve the problems that arise in giveaways?
According to the relevant provisions of the relevant laws of our country:
Contract Law
Article 191If the donated property is defective, the donor shall not be liable. In the case of a gift with obligations, if the donated property is defective, the donor shall bear the same liability as the seller within the limits of the obligations.
If the donor deliberately fails to inform the defect or guarantee that there is no defect, causing losses to the donee, it shall be liable for damages.
Consumer Rights Protection**
Article 23Proprietors shall ensure the quality, performance, use, and validity period of the goods or services they provide under the normal use of goods or services;However, the consumer has known that there is a defect before purchasing the product or accepting the service, and the existence of the defect does not violate the mandatory provisions of the law.
Where proprietors indicate the quality of goods or services through advertisements, product descriptions, physical samples, or other means, they shall ensure that the actual quality of the goods or services they provide is consistent with the quality conditions indicated.
Where durable goods such as motor vehicles, computers, televisions, refrigerators, air conditioners, washing machines, or services such as decoration and decoration provided by business operators are discovered by consumers within six months from the date of receipt of the goods or services, and a dispute arises, the business operators shall bear the burden of proof for the relevant defects.
Generally speaking, the merchant's gifts are not simple gifts, but can only be obtained after the consumer reaches a certain condition, and are not free, so the merchant should be responsible for the quality of the gift;In addition, even if it is a gift, it should be a qualified product that meets the relevant standards, and it is also a product used by the merchant for sale, and the merchant should also be responsible for the quality of the gift.