**A few days ago** around many minors around the "star card" chaos, a two- or three-inch "small card" was originally just a gift around the star, the production cost is only a few yuan, but it is often fried to dozens of yuan to hundreds of yuan, the rarer can be sold for thousands of yuan or even tens of thousands of yuan, mainly the student group of "true love card fans" in order to collect the card often "spend a lot of money", do beyond their own economic ability. In fact, the phenomenon of "small cards" has reflected many legal risks, and minors are often easily deceived due to their immaturity, which deserves social attention.
*Inflated prices may damage the legitimate rights and interests of consumers.
The so-called "star card" is a small card printed with a star, which is generally divided into **card, bonus card, signing card, etc., and the content of the card is usually an undisclosed portrait of an acting star. Different "star cards" are sold very differently due to the different popularity of celebrities, and popular star cards are in short supply, and a small card with a price tag of dozens of yuan may be sold for hundreds of yuan. At the same time, with the vigorous development of the "fan economy", there is also a "celebrity card" market with a specific audience in China, and many celebrities' small cards cannot be purchased directly, but are sold with a specific platform**, that is to say, if you buy an idol group**, it is not necessarily a small card for your favorite group members.
Article 10 of the Consumer Rights Protection ** stipulates that consumers have the right to fair trade. When consumers purchase goods or receive services, they have the right to obtain fair trading conditions such as quality assurance, reasonable quality, and correct measurement. Article 7 of the Law also stipulates that operators shall follow the principles of fairness, legality and good faith in setting prices. It is the legal obligation of the seller to ensure that it is reasonable. Star-chasing consumers are like drawing blind boxes, and when they collect enthusiasm, they may ignore whether the card is reasonable, and it is based on this basis that small cards will continue to improve their market demand, which may lead to unfair trade.
At the same time, there are also some "overlord clauses" in the transaction of small cards: small cards will not be returned or exchanged, and if the seller cancels the transaction before delivery, he needs to bear 30% of the price of the "running fee". First of all, in a small card transaction, when there is a problem with the quality of the goods and the seller is difficult to fulfill the delivery obligation, the buyer has the right to terminate the sales contract in accordance with the provisions of the Civil Code. Secondly, the so-called running order is actually a breach of contract, and the running order fee can be understood as liquidated damages to a certain extent. If the buyer and the seller have agreed in advance on the liability for breach of contract, then the seller has the right to collect liquidated damages from the breaching party in the event that the buyer cancels the transaction. However, if the parties have not agreed on the liability for breach of contract during the transaction, the amount of liquidated damages should be determined according to the actual losses suffered by the seller, and the seller cannot be allowed to charge a fee for running the order at will.
Kyo small mallet tips.
When purchasing a small card, you must pay attention to the following issues. First, try to buy on a regular platform, once you realize that you may be deceived, you can collect evidence through transaction snapshots and other methods, and ask the platform's customer service to intervene to protect your legitimate rights and interests. Second, in the case of receiving goods through logistics, it is best to record a complete unpacking**, and record the real state of the express box number and the quality of the small card in the form of one shot, so as to fix the evidence to the greatest extent. Third, if you do not trade on the formal platform or the platform cannot resolve the dispute, you can go to the local police station to report to the police or file a civil lawsuit in the court to reduce your losses as much as possible.
It is difficult to distinguish between the real and the fake, which may constitute fraud and suspected fraud.
With the popularity of "celebrity cards", more and more people have joined the ranks of buying and selling, and their audience is mostly minors. When the market becomes more and more abundant, there are more and more consumer traps, and problems such as fraud and "running away" emerge in endlessly.
With the expansion of the small card trading market and the increase in transaction income, fraud and other incidents occur from time to time. A small card lover saw a star small card on Wei**, and thought it looked good, so he went to the shopping platform to search and buy it directly, and found that it was a small card printed by the merchant himself, not an official small card. Article 148 of the Civil Code stipulates that if one party uses fraudulent means to cause the other party to carry out a civil juristic act contrary to its true intentions, the defrauded party has the right to request the people's court or arbitration institution to revoke it. Small card sellers sell their own printed small cards under the guise of official small cards, which is in line with the provisions of the Civil Code on fraud.
At the same time, according to the provisions of the Civil Code on portrait rights, natural persons enjoy the right of portraiture and have the right to make, use, disclose or permit others to use their portraits in accordance with the law. Without the consent of the portrait rights holder, the portrait rights holder must not use or disclose the portrait of the portrait rights holder by means such as publication, reproduction, distribution, rental, or exhibition. In the above case, the act of printing others** for sale for profit without permission may not only be suspected of fraud, but also may constitute an illegal act of copying and distributing the portrait of others without the consent of the person, and is suspected of infringing on the portrait rights of performing arts stars.
In the "star small card" sales market, there are often inconsistencies in domestic and foreign prices, which also derives the profit method of foreign ** small cards. The star-chasing crowd is dominated by teenagers, who lack certain social experience, and are easily deceived in the process of looking for the best to buy a small card. According to news reports, there have been criminal cases of minors in our country trading "star cards" through foreign ** and being defrauded of millions of yuan by foreign "** people". The case was publicly disclosed that the defendant was suspected of using channels such as "Twitter" to *** a small card of a girl group, refusing to deliver the goods and missing the number after receiving money, and was suspected of fraud. After dozens of victims reported the case, the amount of fraud has accumulated about 5.28 million yuan, of which nearly half of the victims are teenagers.
Kyo small mallet tips.
In the above case, the transaction was based on the buyer and the buyer's agreement to buy and sell, and the person refused to deliver the goods and disappeared after receiving the money in the course of the transaction, which meets the characteristics of fleeing after receiving the property, and may be suspected of fraud. On the basis of article 266 of the Criminal Law on the crime of fraud, where public or private property is defrauded, and the amount is relatively large, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property.
The audience of minors is large and the risk is prominent.
Entering keywords such as "star card" on a certain platform will automatically pop up Q&A content ...... such as "how to get your mother to buy you a small card" and "what should I do if my mother disagrees to buy a small card".Minors' enthusiasm for "star cards" is even higher than that of adults. The process of buying a small card is equivalent to buying a blind box, buying a small card that you like a star, the difficulty is no less than that of a blind box to draw a hidden paragraph, for minors who are difficult to resist ** and have no financial ability, it is not a wise decision to buy a "star card" crazy. Although most of the sales platforms will be marked with signs such as "politely refuse minors", there are still many primary and secondary school students who use the accounts of their parents and elders to buy small cards, and the money and energy invested in this are beyond their own means.
What makes it even more difficult for parents to accept is that at present, on some second-hand platforms, some unscrupulous sellers take advantage of minors' obsession with "star cards" to sell them with other goods or services. This kind of transaction that lacks market supervision is not only a simple matter of **buying** giving away a small card, but also using a small card to sell with services such as "**winter and summer vacation homework", which is not only harmful to primary and secondary school students, but also has a rather negative impact on their studies.
At the same time, the process of collecting small cards is essentially similar to drawing blind boxes, and the content of small cards has a certain degree of uncertainty, and uncertainty is risk, so there must be strict age restrictions for consumer groups that sell small cards. On August 16, 2022, the State Administration for Market Regulation issued the Guidelines for the Regulation of Blind Box Business Activities (Trial) (Draft for Comments), which demonstrates the determination and speed of the state to regulate the blind box market. The draft proposes to stipulate the content, form, and target of blind box sales, and proposes that medicines, food, live animals, etc. shall not be sold in the form of blind boxes, and blind boxes shall not be sold to minors under the age of 8. Therefore, in the operation of small cards, it should not be considered that "everything is prohibited by law", and the moral bottom line is lost in order to seek one's own selfish interests.
Kyo small mallet tips.
So, what should minors do when they spend a lot of money to buy a small card without their parents' knowledge? According to the relevant provisions of the Civil Code, minors over the age of 8 are persons with limited capacity for conduct, and the implementation of civil acts shall be recognized by their legal ** person or with the consent of their legal ** person, but they may independently carry out civil juristic acts that are purely beneficial or civil juristic acts that are appropriate to their age and intelligence. Therefore, the purchase of a large number of small cards by minors should belong to a sales contract whose validity is to be determined, and the contract can only be valid if it is recognized by its legal person, otherwise it is invalid.
In order to protect the physical and mental health of minors, safeguard the lawful rights and interests of minors, and promote the all-round development of minors in terms of morality, intelligence, and physical fitness, China has specially formulated Article 6 of the "Protection of Minors" stipulates that the protection of minors is the joint responsibility of state organs, armed forces, political parties, people's organizations, enterprises and public institutions, social organizations, urban and rural grassroots mass autonomous organizations, guardians of minors, and other adults. The state, society, schools, and families shall educate and assist minors in preserving their lawful rights and interests, and increase their awareness and ability to protect themselves. The world of minors needs more understanding, care and correct guidance from parents and society. Parents should communicate more with their children, enhance understanding, treat their children's interests and hobbies reasonably, and make reasonable consumption at the right time.
A "star card" that is no more than three inches long, its own production cost is not high, but to a certain extent, it carries a certain intellectual property value and the emotional value of collectors, but it must not be allowed to affect our normal life and learning. In this ever-changing and new society, both adults and minors should establish correct values, shop rationally according to their needs and financial capabilities, and avoid overdraft in advance, which will affect their normal life.
Contributed by: Shijingshan Court.
Original title: "Beware of "True Love Card Fans" Being Deceived by "Little Cards" |Jing Xiao Mallet Law Popularization".