Poor little girl buying 2 phones, businesses were complaints from parents, was sentenced to a refund-mobile, consumer rights-IT information
Yesterday morning, yongnian, Handan area held a news conference to inform typical 2016 consumer rights ' cases. One of the little girls from poor families without parents ' consent alone to buy two cell phones caused disputes have aroused great social concern. Law enforcement agencies believe that without legal guardians permission for minors, consumer behavior deemed null and void, Merchant shall be refunded the full amount.
According to reports, Mr Zhao state subsistence allowances due to family difficulties, the 12 year old daughter bought 2 phones in June 2016 at a shopping center at a cost of more than 2000 Yuan. The next day, Zhao found that communicating with the business requirements in a timely manner after the return. But child-voluntary purchase, cell phone quality is not a problem, not accept a return.
Business sector complaints, listened carefully to the statements and views of the parties. Investigation was informed that Mr Zhao daughter was just 12 years old, its phone-buying is not parental consent. Meanwhile, 2000 Yuan is normal expenses of their families for two months, after purchasing the phone, daily life is extremely short.
Law enforcement officials believe that, in accordance with the provisions of the General principles of civil law, persons with limited civil capacity can be carried out with his age and intellect meet in civil activities, other civil activities by the official agency, or the consent of the legal representative's consent.
In this case, 12-year-old girl with 2 months of living expenses to buy phones and is obviously not adapted to their age, intelligence, and not subsequently be guardians, so the phone is an invalid action. Mediation by law enforcement personnel, merchants offered Mr Zhao returned to the purchase price.
Addition number up typical case respectively is, Zhang Mr in Fireworks firecrackers retail store purchase has two box "three sound mine", which a star "three sound mine" discharge Shi in ground occurred explosion, to its left eye was fried injury, has spent medical has 10,000 more than Yuan; Zheng Mr just purchase of LCD TV using one months Hou screen appeared crack; stone ladies in Mall spent 1500 Yuan purchase has a discount coat, for quality problem requirements return, but Mall only promised back matching of shopping card, not back cash; Wu Mr purchase has a car car, Find new car insurance has been purchased by someone else, when replacing the vehicle was rejected by the merchant.
贫困小女孩买2部
手机，商家遭家长投诉，被判退钱 -
手机,消费维权 - IT资讯
昨日上午，邯郸市永年区召开新闻发布会，通报2016年消费维权典型案例。其中一名贫困家庭小女孩未经家长同意，独自购买两部手机引发的纠纷案备受社会关注。执法机关认为未成年人未得到法定监护人的许可，消费行为视为无效行为，商家应退还全部货款。
据介绍，赵先生因家庭困难享受国家低保，其12岁女儿于2016年6月在一家购物中心购买了2部手机，共花费2000余元。第二天，赵先生发现后及时与商家沟通要求退货。但对方以孩子自愿购买，手机不存在质量问题为由，不同意退货。
工商部门接到投诉后，认真听取了双方的陈述和意见。经调查得知，赵先生女儿刚满12岁，其购买手机的行为并未经过家长同意。同时，2000元钱是其家庭两个月的正常开支，购买手机后，日常生活十分拮据。
执法人员认为，根据《民法通则》规定，限制民事行为能力人可以进行与他年龄、智力相适应的民事活动，其他民事活动由法定代理人代理、或者征得法定代理人的同意。
本案中，12岁小女孩用家中2个月的生活费购买手机，行为明显与其年龄、智力不相适应，且事后未得到监护人同意，所以其购买手机的行为属于无效行为。经执法人员调解，商家主动给赵先生退还了货款。
另外数起典型案例分别是，张先生在烟花爆竹零售门市购买了两箱“三声雷”，其中一颗“三声雷”燃放时在地面发生爆炸，致其左眼被炸伤，先后花费医疗费已一万余元；郑先生刚购买的液晶电视使用一个多月后屏幕出现裂纹；石女士在商场花费1500元购买了一件折扣大衣，因质量问题要求退货，但商场只答应退等额的购物卡，不退现金；吴先生购买了一辆汽车，却发现新车已被他人购买过保险，更换车辆时遭到商家拒绝。