On the afternoon of May 3, Ms. Yongkang Xu, in a clothing store in the city’s urban area, purchased a jacket with the word LEGEND on the collar and spent 300 yuan.
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“The elevator was cut off by the clerk at the time of purchase. I went home and tried and found the size of this jacket was too large.†Ms. Xu said that due to her busy work, she returned to the store on May 6. Replacing a smaller size jacket, the owner did not agree, but also said that "clothes sold, will not be returned", the two sides have an argument.
On May 8th, Ms. Xu complained to the local market supervision bureau, requesting the shop to exchange a smaller, fit-fit coat, and other fit clothes are also available.
The owner explained that when the coat was purchased, the customer tried it on his own; later, the store said "not matching, and asked to change one." However, the store "sale of clothes is not returned" and there are notices posted on the wall of the store.
After investigating the 12,315 employees of the Market Supervision Bureau of Yongkang City, they believe that “the clothes are sold and will not be returnedâ€. This notice posted on the wall of the store has been suspected of violating relevant provisions of the “Consumer Protection Law†and “Contract Law†in China. , belongs to the commonly known "overlord clause", its content is invalid; the store should be corrected, otherwise, the market supervision department can punish according to law.
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Because according to Article 26 of the “Coverage Law†of the People's Republic of China, if operators use format clauses in their business activities, they should draw attention to the quantity and quality of goods or services, prices or fees, performance deadlines and methods, and safety in a prominent manner. Attentions and risk warnings, after-sales services, civil liabilities, etc. have important interest relations with consumers, and are explained in accordance with the requirements of consumers. Operators must not use format terms, notices, statements, store notices, etc. to make rules that exclude or limit consumers’ rights, reduce or exempt operators’ responsibilities, increase consumer liability, and are unfair and unreasonable to consumers. They must not use formats. Terms and the use of technical means to enforce the transaction. If the format terms, notices, statements, store notices, etc. contain the contents listed in the preceding paragraph, their contents are invalid.
According to Article 7 of the “Three Guarantees†of Garment Products in Jinhua City and the provisions of the Consumer Dispute Settlement Regulations (Trial), the customer’s purchase of a jacket is “not compliant†and “requires the shop to change oneâ€. There is no legal basis, should not be supported; however, if the customer buys the jacket "the size is not fit", at the same time "the elevator is not cut, undressed, unwashed, does not affect the second sale", within 7 days after the sale, the customer The right to require the replacement of businesses (except for shorts, cotton pants, cotton sweaters).
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On May 8, after negotiations, the two parties finally reached a settlement agreement: the clothing store complained to the customer on the spot that Ms. Xu exchanged a 220-yuan garment and refunded the customer's price of 80 yuan.
The Yongkang Market Supervision Bureau is still investigating the problems found during the processing of the complaint and the shop was suspected of unlicensed operation and format clause violations.
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