Is it not fraud for a merchant to sell a giveaway to a consumer?

Of course, it's not a proper act. If you sell it, you can't sell it, and if it's a giveaway, you can't sell it.

Don't buy it if you see the product marked as a giveaway, and if you sell it, you will go to him to theorize, and you are unfortunately looking for a consumer association.

Some people think that as long as it is worth the money, even if it is a gift to buy back, it doesn't matter, of course, if there is no problem with this factory product, then it's okay to say, but if there is a problem when you go to the merchant, maybe they will take this as a giveaway as a reason, shirk responsibility, and then it will be troublesome, just like some merchants when selling electrical appliances with reduced prices, the electrical appliances are marked as treatment products, and when the user uses the problem and then goes to the merchant to solve the problem, the merchant does not bear any responsibility. They said that when they sold it, they stated that it was a processed product. There may be some merchants who use the same method, under the pretext of gifts, to sell things.

Be careful!!!

According to a source from the Consumer Association, the State Administration for Industry and Commerce has issued the "Several Provisions on Prohibiting Unfair Competition in Prize Sales Activities" regarding the management of gifts, and the prize sales referred to in the "Regulations" refer to the behavior of business operators selling goods or providing services, incidentally providing goods, money or other economic benefits to buyers. Including: bonus prize sales that reward all purchasers and ** prize sales that reward some buyers, for giveaways, merchants must highlight their free features.

According to this law and regulation, the deliberate failure to put on the market or the failure to put on the market at the same time as the goods and lottery tickets, as well as the deliberate release of goods and lottery tickets with different prize amounts or prize symbols on the market at different times, are all fraudulent prize sales, and the industrial and commercial authorities will investigate the responsibility of the merchant in accordance with the law.

If the giveaway meets your requirements, it doesn't count as fraud.

These rules have been changed on Double 11, are there anything you are looking forward to?

The annual "Double 11" shopping festival is here again, and various e-commerce platforms have also announced new ways to play. Do you understand it all? And, is your wallet ready?

Lawyer Ma will give you a few points for popularizing the law in advance, and you should read the four most important points carefully.

First, what should I pay attention to when shopping online?

1. "Deposit" is not the same as "deposit". Once the "deposit" is paid, it is generally non-refundable; The "deposit" is refundable.

2. Seven days no reason to return. Carefully see whether the product can be returned without reason within seven days, and there are several types of goods that are not applicable to return without reason within seven days. For example, customized products, fresh and perishable goods, and products that have a large depreciation in value after activation or trial, etc.

3. Don't ignore the acceptance of goods. Be sure to make sure that the goods are not damaged before signing, and the gifts are also guaranteed, and the gifts have quality problems, and they can also claim compensation from the merchant in accordance with the law.

Second, if the merchant refuses to insure the price, what should consumers do?

Although many platforms have upgraded the price insurance rules and supported the whole process of "buying expensive and refunding the difference", according to the experience of previous years, merchants will refuse to protect the price for various reasons, such as the same product does not enjoy multiple discounts, etc. What about consumers? If the platform can't solve the problem, you can protect your rights through the Internet Court.

If the sales contract is legal and valid, and there are no statutory circumstances that lead to the invalidity of the contract, then the "insured service" is part of the content of the sales contract, and there are no statutory circumstances that cause the contract to be invalid, so the contract is valid. The merchant's refusal to compensate constitutes a breach of contract, and the consumer needs to bear the liability for breach of contract, and the consumer can also complain to the relevant authorities.

The third point is that the merchant does not give the gift to the consumer, is it considered to defraud the consumer?

Lawyer Ma told everyone that the merchant does not give the gift to defraud the consumer. Proprietors' promises to give gifts are legally effective, and proprietors providing goods or services to consumers shall perform their obligations in accordance with the provisions of laws and regulations; Where proprietors and consumers have an agreement, they shall perform their obligations in accordance with the agreement, but the agreement between the two parties must not violate the provisions of laws and regulations. The merchant's promise to give away a gift is part of the sales contract, so it is legal and valid.

Fourth, how to protect the rights of counterfeit and shoddy products

First of all, contact the other party's customer service to apply for a return, exchange or compensation, if not, keep the evidence and complain to the consumer association. Lawyer Ma once again reminds everyone that they must have a sense of evidence preservation, and try to keep chat records, screenshots of publicity introductions, consumption vouchers and other evidence for rights protection. After a dispute arises with a merchant, if it cannot be resolved through negotiation, it must be reported to the relevant departments in a timely manner or call the market supervision 12315** to complain or report, and actively protect their legitimate rights and interests.

If you have any questions, you can find a lawyer to help you. Remember, choose a regular merchant, don't click on unknown links and pop-up windows at will, and don't believe ** and winning information. Choose secure third-party payment methods, do not privately agree on transaction methods with sellers, and do not provide personal information to others.

Beware of online fraud and consume responsibly!