In order to protect the safety of children, I bought a child car seat at a car dealership for 1680 yuan a month ago and installed it in strict accordance with the instructions.
Recently, a 9-year-old son traveled. Because he avoided the emergency braking of his son, when the son rushed forward due to inertia, the seat belt of the safety seat broke, so that he was injured and spent 15.6 million yuan on medical expenses. Afterwards, I checked the Internet and found that the safety seat did not have the 3C compulsory product certification mark. In the face of my claim, the car dealer refused because of the direct connection between the injury and my emergency.
I ask: Should the dealership be liable for compensation?
Reader Xie Leiqi
Xie Leiqi reader:
The car dealer should not only compensate, but must also make two types of compensation at the same time: three times the purchasing cost of 5040 yuan (that is, 1680 yuan × 3), and the medical expenses doubled 31,200 yuan (15,600 yuan × 2).
On the one hand, the behavior of the dealership constitutes fraud. Consumer fraud refers to the act of fraudulent or other improper means to deceive and mislead consumers in the provision of goods or services, so as to damage the legitimate rights and interests of consumers. Article 5 (8) of the Penalty Measures for Infringement of Consumer Rights and Interests stipulates that the operator shall not sell goods that the State has ordered to phase out and stop selling. The "AQSIQ and the National Certification and Accreditation Administration's Announcement on the Implementation of Compulsory Product Certification for the Restriction System for Motor Vehicle Children's Crew" states: "According to the "Regulations on Certification and Accreditation of the People's Republic of China", it is now decided to use a restraint system for motor vehicle children's occupants. Implementation of compulsory product certification. Since September 1, 2015, the motor vehicle child occupant restraint system that has not obtained the compulsory product certification certificate and the non-compulsory product certification mark shall not be manufactured, sold, imported or in other business activities. In use, the purpose of your child safety seat is to reduce the damage to the child and ensure the safety of the child. However, the minimum requirements for the car are not guaranteed. Only if the car dealer knows that the safety seat does not have the 3C compulsory product certification mark, it is still sold as a misconduct, because it is misleading to mislead consumers including you, and should be considered fraud.
On the other hand, car dealers must bear punitive damages. Because Article 55 of the Consumer Protection Law stipulates: "If the operator provides fraudulent acts of goods or services, it shall increase the compensation for the losses suffered by the consumers according to the requirements of the consumers, and increase the amount of compensation for the price of the goods purchased by the consumers or accept the services. Three times the cost; if the amount of compensation is less than 500 yuan, it is 500 yuan. If the law stipulates otherwise, the operator knows that the goods or services are defective, and still provide the products to consumers, causing consumers or other victims. If a person dies or is seriously damaged by health, the victim has the right to require the operator to compensate for the loss in accordance with the provisions of Articles 49 and 51 of this Law, and has the right to claim punitive damages less than twice the loss suffered."
Yan Dongyue, Judge of the People's Court of Xingguo County, Jiangxi Province
For the retractable towing rope, its advantages are:
â‘ The operation is flexible and simple, the braking is agile, and the grip is more comfortable;
â‘¡Because the shell is made of sturdy plastic material, it is not easy to be damaged and easy to clean;
â‘¢The length of the traction belt is rich in options, generally 2-8 meters, which can give the pet a sufficient range of activities, increase the amount of activity, and be beneficial to health;
â‘£The traction belt can always be under constant tension, and it can automatically expand and contract, making the pet more free and happy;
⑤The traction belt is easy to clean, and it has a good protective effect on the webbing during use;
â‘¥The color of the shell is more unique, and the fashion sense is rising;
⑦More convenient to carry;
⑧ Especially suitable for small and medium-sized dogs.
The retractable traction rope requires high mechanical structure design, and the braking device requires precision.
Telescopic Traction Rope,Strongest Retractable Dog Leashes,Classic Retractable Dog Leash,Pet Smart Retractable Leashes
DongGuan Lucky Pet Products Co., Ltd. , https://www.dgluckypet.com