The drink I ordered was Shaobing, but half of the glass was ice?
Does it constitute consumer fraud? See what the lawyer says
On March 2, the reporter learned from the Internet technology blogger @蒋鑫说事处 that at 14:33 that day, a consumer reported to @蒋鑫说事 that she was spending money in a beverage shop in the waiting hall of Chengdu South Railway Station. I bought a drink for 22 yuan, and the note was Shaobing. As a result, at 15:22, when she arrived at the destination Meishan, she found that after drinking the drink, there was still more than half a cup of ice in the cup.
"It was Shao Bing, but half of the cup was ice." She thought, "This is too bad for consumers. I bought a glass of rock sugar water for 22 yuan." After the incident, it caused heated discussions on the Internet. Some netizens also think "too bad" and think that "there are more and more routines in drink shops."
On March 3, the reporter learned that the manager of the beverage store explained the matter to @蒋鑫. In addition to expressing apologies to the customer, the explanation also explained the reason why the drink appeared "half a cup is ice". "I checked the monitoring. During the operation process, one of our new employees, who had been here for a while, did not carefully check and understand the actual needs of customers during the operation of the snow grams. Shaobing made standard ice."
Visit: There are no new employees in the single store ordered by the manager
So, is it true that the store manager said it was caused by a new employee's operation error?
On the afternoon of March 3, the reporter also came to the book and burned grass in the waiting room store of Chengdu South Railway Station, where consumers bought the drink to ask about it.
The reporter saw that the store no longer sold the "Strawberry Bobo Probiotics" drink purchased by the above-mentioned consumers on that day, and the clerk said that it was "sold out."
As for why there is the “half a cup of ice” as mentioned on the Internet?
The clerk said that “the ice is too big, too much, so it’s spread on the Internet.” As for what the shop manager said was caused by the new employee's careless operation, the clerk said “deny” that there is no new The employee, who was also the shop manager at the time, ordered the customer, "The employee in the shop made it for her."
The clerk said, “I told her when I ordered that this (drink) is iced, and what she asked for is also iced. We made less ice for her, but the ice cubes are too big, so it looks like ice. More.” So, in fact, what the consumer got was a drink with less ice, not a standard iced drink that was made wrong as the store manager said.
Evaluation: I bought 5 kinds of "Shaobing" drinks and "Shuyi" with the most ice
Since there was no more drink of the same type purchased by consumers in the store, the reporter later bought a glass of "less ice" probiotics drink with "less ice" as a customer in the store. After separating the water and solid ice in the drink, he found that, Ice cubes occupy at least half of the entire drink glass.
So, is the amount of "less ice" available in all beverage shops?
Subsequently, the reporter purchased 5 "less ice" drinks from 5 beverage stores for evaluation, namely Dicos’ Coke, Cuo Nei’s milk tea, Michelle Ice City’s green tea, a little Sijichun tea, and consumption. The Strawberry Bobo Probiotic Drink (Note: This item is purchased at the Second City Hospital).
The reporter saw that among the 5 drinks, Strawberry Bobo Probiotics Drink with Book and Burning Herbs has the most ice, occupying about one-third of the drink cup, followed by Dicos’ Coke, which accounts for a quarter of the drink cup. Around one time, a little Sijichun tea occupies about one-fifth of the drink cup, while the milk tea from Xiaojuan Village in Cuo Nei and the less iced drinks from Michelle Ice City Green Tea have no ice at all.
Lawyer: Does it constitute consumer fraud?
So, is the “half of a cup of ice” that consumers encountered as a consumption fraud?
Lawyer Chen Fengfeng, a senior partner and deputy director of Sichuan Yingji Law Firm, said: According to Article 16 of the "Measures for the Punishment of Infringement of Consumer Rights and Interests", if an operator commits one of the following acts, it can be deemed as a fraud. : Adulteration or adulteration in the sold goods, fake as genuine, shoddy as good, and substandard products as qualified products...Intentional use of substandard measuring instruments or damage to the accuracy of measuring instruments in the provision of goods or services... Do not provide goods or services with real names and marks; sell goods or services with false or misleading product descriptions, product standards, physical samples, etc.; make false or misleading on-site explanations and demonstrations... exaggerate or conceal the information The quantity, quality, and performance of the goods or services provided mislead consumers with information that is of great interest to consumers; mislead consumers with other false or misleading publicity methods.
Attorney Chen said that in beverages, the amount of ice is directly related to the taste and quality of the beverage, and quality is the quality. The taste and quality of drinks without ice, less ice, and standard ice must also be different.
In this incident, if consumers ordered less ice beverages and the merchant made standard ice beverages without first obtaining the consumer’s consent, they were suspected of selling products in a false or misleading commodity standard manner, which constituted consumption. Fraud.
In this regard, Lawyer Zhu Jieping, the founding partner of Taikun Law, said: Whether it is considered fraud, it is mainly necessary to judge whether there is intentional fraud or fraudulent behavior.
If the merchant advertises that the drink purchased by the consumer is "half a cup of ingredients", but the actual delivery of the drink to the consumer is "half a cup of ice", then it is suspected of consumer fraud.
If the merchant does not specifically publicize the amount of fabric in the drink, and only based on the fact that half of a drink is ice, it is less likely to determine that the merchant has deliberately cheated and committed fraud.
Attorney Zhu said that because different drinks have different flavors, the setting of the amount of ice may be inconsistent depending on the flavor.
In this case, if consumers have special requirements for the amount of ice, they can ask what the standard amount of ice is, and on this basis, require less ice.
For merchants, in order to avoid disputes, the standard ice volume of drinks can be publicized, especially if the ice volume is more than ordinary drinks based on flavor requirements, special reminders should be given when consumers buy.
Finally, Attorney Zhu reminded: When consumers buy such easily meltable drinks or easily spoiled food, if they do encounter fraud, they can first take photos and videos as evidence, and then file a complaint with the market supervision department in a timely manner.
If the amount of fraud is large, you can also choose to litigate and defend your rights directly.
Chengdu Commercial Daily-Red Star News reporter Zhang Ling photo report