Recharge 5,000 yuan to get 800 yuan, Ms. Fang heard such a preferential activity to participate in the recharge, did not expect that Yulin Qipai Bell Tower Alley store in the full discount activities, can not use the recharge card for consumption, which made Ms. Fang very angry.
According to Ms. Fang, on October 22, 2020, she and her husband were shopping in Bell Tower Lane, and when the two walked into the Qi brand men’s clothing store, they fancy a down jacket and a sweater, worth more than 2,600 yuan. “The clerk told me that recharging 5,000 can give 800 yuan, I felt that it was quite cost-effective to recharge, and I bought a down jacket on the spot.” Ms. Fang told the China Business Daily – Ersanli reporter that the balance in the card after the end of consumption was 3142 yuan.
On March 29, 2021, Ms. Fang came to the Qipai Men’s Xinjian Road store while shopping, and encountered that the store was full of 500 minus 100 activities, but was told by the clerk that this recharge card was not handled at the Xinjian Road store, so it could not be used in the store.
Because she could not use the recharge card to shop at the Qipai Xinjian Road store, Ms. Fang came to the Zipai Bell Tower Lane store, carefully selected a dress worth 1099, and the store was engaged in a 500 minus 100 activity, Ms. Fang was ready to use the recharge card for consumption when she was told by the clerk that the recharge card could not participate in the full reduction activity. “I offered to return the recharge card at that time, and I used the money to buy it, but the store also refused.” In the end, Ms. Fang could only use the recharge card to spend 1,099 yuan to buy the clothes.
Ms. Fang said angrily, since you have applied for a recharge card, why can’t you use the recharge card to participate in the preferential activities in the store? Ms. Fang asked to return the card, but the person in charge of the store in Zhipai Bell Tower Lane initially said that the balance would not be refunded on the card, and later said that if the card was returned, the 800 yuan previously given would need to be deducted. Because the two sides could not reach an agreement, Ms. Fang called 12315 and 12345 to complain, and at the same time reported the situation to the China Business Daily – Ersanli [Xiaoli Help] column.
According to the recharge card provided by Ms. Fang, you can see the following notes on the back of the card: Please consume the amount in the card within 12 months from the date of card opening, and it will be void after expiration; This card is bearer, no loss, no replacement, no cash withdrawal, no transfer, no refund. “I didn’t pay attention to the latter matters, and the staff didn’t remind me, which feels like a bully clause.” Ms. Fang said angrily.
On the afternoon of March 31, the Huashang Daily-Ersanli [Xiaoli Help] column came to the Zipai Bell Tower Lane store, and the person in charge of the store said that recently, due to the maintenance and renovation of the new road and Bell Tower Lane, the flow of people has decreased, and in order to activate the popularity, it has carried out a full 500 minus 100 activity. “Ms. Fang’s recharge card is originally equivalent to a discount, and there is no participation in secondary preferential activities.” The person in charge said that later the customer asked to return the card, but 800 yuan in the card was a gift and it was impossible to return, and after the mediation of the Market Supervision Administration, we also made concessions, only deducting 400 yuan, but the parties did not agree, and the request must be fully refunded, which is impossible. “
It is understood that Qipai Group Co., Ltd. is a comprehensive group company integrating clothing research and development, manufacturing and sales, with an annual output of more than 7 million pieces of high-end suits and other men’s series clothing, and is involved in the textile industry and other industries.
In this regard, a staff member of the Yulin Market Supervision Administration said that after receiving the complaint, they also investigated and interviewed the two sides for consultation. “At that time, card recharge was equivalent to giving eight or six discounts to goods, and customers requesting to participate in full discount activities were equivalent to enjoying secondary preferential policies.” The staff member said that due to the large gap between the claims raised by the two parties, there was no agreement for the time being, and it was recommended that the customer take arbitration or judicial channels to resolve the problem.
Zhao Liangshan, a senior partner at Shaanxi Hengda Law Firm and a well-known public interest lawyer, believes that according to Article 657 of the Civil Code, “a gift contract is a contract in which the donor gives his property to the donee free of charge, and the donee expresses his acceptance of the gift.” and Article 658 provides: “The donor may revoke the gift before the transfer of rights to the gifted property.” ”
According to the merchant Yulin Qipai Bell Tower Lane store discount activities, charge 5,000 yuan to get 800 yuan, then when Ms. Fang charges 5,000 yuan, the balance in the card is 5,800 yuan. From the time the balance of 5,800 yuan is displayed in the card, it is deemed that the gift has been completed, and the merchant Yulin Qipai Bell Tower Lane Store and Ms. Fang have formed a legal relationship of gift and donation, then the merchant Yulin Qipai Bell Tower Lane Store can no longer return the 800 yuan gifted. As for the non-refundable clause on the balance recorded in the recharge card, it is a standard clause, which is unfair and unreasonable to consumers, and is obviously invalid according to Article 26 of the Law on the Protection of Rights and Interests of Consumers. When the balance is returned, the 800 yuan given will be counted as Ms. Fang’s.
Zhao Liangshan said: “The gift of 800 yuan by the Zupai Bell Tower Alley store is regarded as a preferential activity for the other lady of the merchant, and the merchant Zupai Bell Tower Alley Store does not allow Ms. Fang to participate in other full discount activities with this recharge card, that is, it is not allowed to participate in secondary preferential activities, which is reasonable and fair to both parties, and this practice of the merchant Yulin Zupai Bell Tower Alley Store is appropriate.” ”
China Business Daily reporter Yang Huyuan Intern reporter Chang Na