Beijing takeout new rules will soon be implemented, encountered meals were tampered with how to protect their rights? The following we will address this issue for some discussion, I hope these contents can help friends in need.
Every time at eleven o'clock in the middle of the day, many wage earners will be on time to open the takeaway platform App, query review, the big competition special offer, to choose a suitable lunch for themselves ...... takeaway just like the main way to deal with the problem of their diet with the main way to deal with the problem, but when encountered, for example, "the taste is strange", "the taste is strange", "the taste is strange", "the taste is strange", "the taste is strange", "the taste is strange". The first thing you need to do is to get a good deal on your own food and drink, but when it comes to problems such as "the taste of the food is very strange" and "there is something wrong with the food, but the takeaway store does not admit it", most of them have chosen to give a bad review and will not pursue the responsibility again.
According to the 49th Statistical Report on the Development of the Internet in China published by the China Internet Core Network Information Center (CNNIC), as of December 2021, the scale of operation of takeaway customers in China has reached 544 million. However, most of such customers are not aware of the control norms in the takeaway sector, and none of them are aware of the laws and regulations on food safety. Even though many of them have had unpleasant dining experiences, the time, money and other cost fees of complaining let them pick a non-committal ......
But the "Provisions of the Supreme People's Court on Several Issues on the Application of Law to the Trial of Online Consumer Dispute Cases (I)" was implemented on March 15, and the Beijing Municipal Market Supervision Administration published the "Network Catering Service Catering Safety Management Code" will also be implemented on April 1, 2022. For the four types of takeaway transactions in the common problems, you can that consumer rights!
Mr. Liu found that the takeaway fast food box has abnormalities, they complained to the platform, after researching and found that the takeaway workers because the consumer rejected its takeaway in the elevator, the heart of the resentment, and then opened the fast food box to the inside of the vomit saliva, the platform showed that the takeaway workers to carry out the warning and compensation for the Mr. Liu 10 yuan red packets, for this matter, Mr. Zhao showed that can not be admitted.
Beijing Chaoyang Court Judge Assistant Li Lihua detailed, "network food service catering safety management specification" requires the provisions of the packaging, which includes the application of takeaway packaging sealing stick or one-time sealing of the outer packaging box and other sealing methods, sealing stick, the outer packaging box sealing bag should be unable to restore the open; in the delivery link can not be opened in the outer packaging box, resulting in environmental pollution of the food, it should be stopped! Delivery; loading and unloading handling, delivery of machinery and equipment equipment door, cover should be used with the closure.
People usually order takeout also need to care about takeout delivery environmental health, after receiving takeout food should first check whether the food packaging is intact, clean up, the delivery of food is not the same as the purchase of food, and public inspection of food is not subject to environmental contamination, once found that the food suffers from environmental pollution, you can refuse to receive.
Before the takeaway food is successfully handed over to the consumer, the merchant bears the responsibility of delivering the food to the consumer in a detailed and safe manner, so the consumer can either require the merchant to give the takeaway food again in accordance with the food hygiene and safety norms or require the merchant to refund the full amount of money.
After the business has refunded the money to the consumer or changed the version, if there is direct evidence to prove that the deliveryman did damage the food in the whole process of delivery, the business can be based on the corresponding requirements of the civil law about the tort of the deliveryman to pay for the corresponding damages.
In addition, the takeaway spit into the consumer food, and affects the food hygiene and safety of food, consumers can let the takeaway or business and other relevant torts of behavior subject to the corresponding tort compensation obligations.