A very small question about the law

1.When you buy parallel goods, the law also protects them, but what they don't protect is just the parallel import machine.

is almost 18 years old, that is to say, the seller has reason to believe that the young man has full civil capacity, and at the age of 17, he spent 1800 yuan to buy a mobile phone, which is no longer for the current consumption level"Behavior outside of one's age range"Finish. So his parents can't"The child is a minor"Claim for rescission of the sales contract.

3.If the parents go to make trouble, the seller may agree to return the phone because it is water, but it will not be a full refund, because the parents are also at fault. If the child's money is stolen from the parents, then the parents are at fault for letting the minor steal their own money, until they buy a mobile phone, and they don't know that their money was stolen until they buy a mobile phone, and they don't fulfill their duty of care.

If the child buys it with his own money, then the parents have no reason to claim that the contract is invalid, because the property is not the parents' own, and they only have the right to manage it, but not the ownership.

In view of this, I think that there is very little hope of getting the money back, and even if it goes to court, I don't think the court will support it all.

Supplement: If the mobile phone seller sells counterfeit and shoddy products, then he can file a complaint with the consumer association, or he can file a civil lawsuit in accordance with the law. This can be done by the parents of the minors. This is a matter of product quality.

And again: of course it is a counterfeit product. If the consumer association does not care, you can file a civil lawsuit.

It is recommended that you negotiate with the seller first and put some pressure on him, and if the negotiation fails, then sue according to law.

A refund can be requested.

The legal basis is that this juvenile is a person with limited civil capacity, and Article 58 of the General Principles of the Civil Law of China stipulates that civil acts that cannot be independently carried out by a person with limited civil capacity in accordance with the law are invalid.

In this case, the purchase of a mobile phone requires the approval of the legal ** person (i.e., the parents) before it can take effect.

There is no legal basis.

Although the perpetrator was under the age of 18, the act was commensurate with his level of intelligence and was legally valid.

However, from the perspective of human feelings, it seems that there is no reason, and if the mobile phone is broken and then returned, it is difficult for the merchant to be willing to return it.

The above is purely a personal opinion.

Money can be refunded, but compensation for damage to the hand is required.

A 17-year-old is a minor with no income and is a person with limited capacity.

Parents, as guardians, can be recovered.

If the merchant sells counterfeit and shoddy products, you can claim to return them at any time, but whether it is a counterfeit or shoddy product needs to be determined by the industrial and commercial department. Otherwise, people who have reached the age of 16 can basically be responsible for their own purchases.

1. In general, it cannot be returned;

2. Based on the general principles of the civil law and the current stage of China's restrictions on the intelligence of persons with civil capacity;

3. If it can be proved that the mobile phone does not meet the standards, you can request a return; You can even ask for double the price.

Supplement: 1. Look at the business license of the mobile phone store, whether there is a business scope of acquisition and sale of second-hand mobile phones, if not, he can only buy new mobile phones;

2. Whether the mobile phone is a parallel import can be identified;

3. Before the identification, you can enter the brand of the mobile phone on the Internet, and then enter the mobile phone serial number and sales area, if your mobile phone is a parallel import, then the online reminder will remind you that your mobile phone serial number can not be queried;

4. In this way, it is preliminarily determined that your mobile phone is a parallel import;

5. Then negotiate with the mobile phone store;

6. If the negotiation fails, the lawsuit can be sought;

7. After the court files the case, you can apply to the court to entrust the appraisal;

8. Okay, wait for the verdict;

9. Finally, get compensation.

Parallel goods stores are not easy to run... /

It depends on whether there are invoices, receipts, and if there are any. Theoretically, citizens under the age of 18 have no capacity for civil conduct, but in practice you want the owner of the store to have a conscience.

You should go to 12315 to complain and see! If it's in the three-pack range, it's even more effective!

Parents can request a refund, but compensation should be made for the damage to the phone.

The Contract Law stipulates that minors under the age of 10 are incapacitated persons, and minors over the age of 10 ("above" and "below" in the law include this number, the same below) and under the age of 18 are persons with limited capacity.

The contract entered into by a minor who is incapacitated or limited in capacity and another person is a voidable contract, and his guardian has the right to recognize the validity of the contract, or to revoke the contract, once the contract is revoked, it will be invalid from the beginning, and both parties shall return the property separately to the state before the contract was concluded.

According to the above provisions of the Contract Law, parents, as guardians, have the right to revoke the contract, and both parties should return the property to the state before the contract was concluded (it does not matter what kind of store the mobile phone seller is).

If the mobile phone is broken, according to the principle of fairness in the civil law, the parents should appropriately compensate the merchant, which can be deducted from the price of the mobile phone.

There are two types of above-mentioned provisions on the capacity of minors, with a total of three exceptions:

1. Exceptions to the provisions on civil capacity: Minors over the age of 16 but under the age of 18 can be regarded as persons with full capacity for civil conduct if they have participated in labor and live mainly on their own labor income. Therefore, if this is the case for the youth, his parents do not have the right of revocation.

2. Exceptions to the right of revocation: guardians who have no capacity for civil conduct and persons with limited capacity for civil conduct have no right of revocation for the two contractual acts they make

1) Contracts for pure profit. For example, a 3-year-old child accepts property from a person with full capacity for civil conduct.

2) Contracts that fall within the scope of pocket money. For example, a 13-year-old elementary school student buys a bag of candy with pocket money.

It is not legal, and cultural relics are not allowed to go abroad.