According to the Consumer Protection Act can be returned, consumers have the right to independently choose goods or services. Consumers have the right to independently choose to provide goods or services to the operator, independent choice of varieties of goods or services, independent decision to buy or not to buy any kind of goods, accept or not to accept any of the services. You can file a complaint with the Consumer Council or sue directly in court.
Second, the consumer rights guide
1, rational rights
Encountering merchants "run away" or other disputes, you should be rational rights, rights in accordance with the law, do not take to loot the product or other radical measures to protect the rights.
2, collect evidence
Should collect and fix the corresponding evidence, such as contracts, agreements, bills, transfer records, WeChat records, as well as the business negotiation process of photos, videos, audio and video.
3, active negotiation
and merchants to negotiate a refund, such as negotiation is not fruitful, you can to the local consumer associations, industrial and commercial administration and other organizations and administrative departments to reflect, in the relevant departments under the auspices of the negotiation mediation.
4, to the court
The mediation fails, the consumer can be based on valid evidence to the defendant's location or the location of the merchant people's court, in the prosecution stage can also be the people's court for pre-litigation mediation.
Three, the membership card should pay attention to the following points:
Do a good job of fieldwork. Before recharging the field inspection store environment, reputation, business license and store rental period, etc., do not gullibly trust the unilateral publicity of the merchants, promises, and try to choose a large market scale, good reputation of the merchants.
The amount of recharge should not be too much. The card recharge belongs to the prepaid service, the purchase of products stored in the store did not take away, although the more you buy the cheaper, but also to bear the corresponding "run" risk. Don't be overly greedy for cheap, and be wary of obviously unreasonable discounts.
Written fixed service commitment. The merchant's preferential conditions, service period, product range and gifts and other service commitments should be fixed in writing, even if there is no written contract, you should also retain a good WeChat communication records and other content, do not trust the verbal promises made by the sales staff.
Save the relevant evidence properly. After paying the fee, you should keep the signed contract and the receipt, invoice or other payment vouchers issued by the merchant, in order to prepare for the future rights of the need.
Legal basis
Article 39 of the Law on the Protection of Consumer Rights and Interests, if a dispute arises between a consumer and an operator, the dispute can be resolved through the following ways: negotiation and settlement with the operator; request for mediation by the Consumer Association or other mediation organizations established in accordance with the law; file a complaint with the relevant administrative departments; and submit to an arbitration body for arbitration according to the arbitration agreement with the operator; and submit to an arbitration body for arbitration according to the arbitration agreement with the operator. Arbitration agreement with the operator to arbitration institution; to the people's court litigation.
Article 224 of the Criminal Law: If any of the following circumstances exists: cheating the other party of property for the purpose of unlawful appropriation in the process of signing or fulfilling a contract, the amount of which is relatively large, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall be fined concurrently or singly; if the amount of which is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall be fined concurrently; if the amount of which is especially huge or if there are other Particularly serious circumstances, shall be sentenced to more than ten years of fixed-term imprisonment or life imprisonment, and shall be punished by a fine or confiscation of property:
(a) to fictitious units or fraudulent use of the name of another person to enter into a contract;
(b) with a forged, altered, voided bills or other false proof of property rights as a guarantee;
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(c) without the actual ability to perform, to first perform a small contract or partial performance of the contract, to entice the other party to continue to sign and perform the contract;
(d) receiving the other party to pay for the goods, payments, advances, or secured property and then fled;
(e) other methods to obtain the other party's property. .