Elementary school students bought iPhone 13 with 7,900 yuan red envelope
Minors who consume large amounts of money should obtain the consent or ratification of their guardians
During the Spring Festival, it is the "harvest season" for children to harvest red envelopes, but if they are not careful, it may also become a "time of trouble" for individual parents.
Recently, the mother of Xiaojia (pseudonym) in Yongkang City, Jinhua City, Zhejiang Province encountered such a trouble.
At about 17:00 on February 7, underage student Xiao Jia, accompanied by his classmates, went to a local mobile phone store to buy an iPhone 13 with 7,900 yuan in cash.
When the parents found out, they immediately went to the store and demanded a full refund. If they failed, they called the police first, and then asked the local Consumer Protection Committee for help.
The parents said that Xiao Jia was not yet 12 years old and spent 7,900 yuan to buy a mobile phone. The store could not sell it to minors without the parents present.
The store owner argued that they had asked Xiao Jia at that time: "You came to buy a mobile phone, do your parents know?" Xiao Jia said, "Mom knows, it's the red envelope that my mother gave me." So the store didn't call his parents to ask him. .
Now that the mobile phone has been unpacked and activated, it can only be sold as a second-hand mobile phone to others, and it will cost 1,300 yuan.
The store volunteered to pay 800 yuan and asked the parents to pay 500 yuan, but the parents refused.
After listening to the statements of both parties, the Yongkang Consumer Protection Committee believes that in this case, the price of the mobile phone is as high as 7,900 yuan, which is a large amount of consumption. The minors purchase independently, and the consent or ratification of the guardian should be obtained before the sales contract is valid.
The minor involved is a person with limited capacity for civil conduct. Without the prior consent of the guardian, the mobile phone sales contract signed with the store independently exceeds their cognitive ability and is not suitable for their age and intelligence. After that, it made a statement of intention not to ratify it immediately, and the purchase contract should be determined to be invalid according to law.
The property thus obtained by both parties shall be returned; the losses suffered by each party shall be borne according to whether or not the parties are at fault and the magnitude of the fault.
As a mobile phone specialty store, the store has not obtained the permission and ratification of the guardian for suspected minors' purchase of mobile phones. It knows or should know that "once the mobile phone is sold and activated, the parents may refund the order, and the price will be depreciated if it is sold again." Under the circumstance that it is still sold correctly, there is obvious impropriety, and it should be mainly responsible for this matter and the losses caused by it.
At the same time, parents, as legal guardians, are negligent and ineffective in supervision of minor children's use of large red envelopes to purchase mobile phones, and they should also bear certain responsibilities for the depreciation of the value of mobile phones involved in the case.
After the staff of the Yongkang Consumer Protection Committee explained the law and clarified the responsibilities, both parties gradually realized their own faults and the responsibilities they should bear.
After on-site mediation, after deducting 300 yuan, the store refunded 7,600 yuan to the parents on the spot.
Yongkang Consumer Protection Committee recommends that home and school jointly strengthen student education (supervision), and at the same time reminds: when businesses receive suspected minors for large-amount consumption, or the same person's high-frequency similar small-amount consumption, they should ask their parents or other guardians. Contact information, source of funds, school (grade), etc.; if it is difficult to tell whether he is a minor by visual inspection alone, he should insist on showing his identity document, or contact his parents or other guardians in time, and try to avoid Unauthorized (verified), not ratified by parents after the event, etc., led to the revocation of the sales contract, causing losses and troubles to both parties.
It is reported that for businesses that knowingly commit crimes, fail to correct after repeated teachings, and seriously infringe upon the legitimate rights and interests of minors, the Yongkang Consumer Protection Commission will investigate (mediate) the relevant complaints, and will interview their principals and participate in relevant administrative departments in accordance with the law as appropriate. Supervision and inspection of goods (services), advise, expose, and criticize their infringements through mass media, and when necessary, issue real-name exposure warnings, or support consumers to sue for rights protection.