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The seasoning package included in thepurchased seafood spree is expired.
Reminiscent of the spoiled seafood in the spree, the buyer suspects that the entire spree is an expired product, and requires the seller to refund and bear ten times the price.
.
A few days ago, the Hushan Court of Cixi Court concluded such a dispute over a sale and purchase contract .
Reminiscent of the spoiled seafood in the spree, the buyer suspects that the entire spree is an expired product, and requires the seller to refund and bear ten times the price.
.
A few days ago, the Hushan Court of Cixi Court concluded such a dispute over a sale and purchase contract .
In January this year, Ms.
Lin (pseudonym) bought two seafood gift package coupons at a store directly operated by a fishery company.
The discounted price totaled 4900 yuan
.
During the Chinese New Year, Ms.
Lin's family used one of the gift package coupons, received and consumed related products
.
In April of the same year, Ms.
Lin went to the store to receive another seafood gift package
.
Lin (pseudonym) bought two seafood gift package coupons at a store directly operated by a fishery company.
The discounted price totaled 4900 yuan
.
During the Chinese New Year, Ms.
Lin's family used one of the gift package coupons, received and consumed related products
.
In April of the same year, Ms.
Lin went to the store to receive another seafood gift package
.
After returning home, Ms.
Lin found that the fine red cream crabs inside were blackened and deteriorated when sorting, and immediately checked the outer packaging of the remaining products.
Fortunately, these remaining products were within the shelf life
.
The next day, Ms.
Lin took the spoiled crabs to the store in exchange for other seafood of comparable value
.
Lin found that the fine red cream crabs inside were blackened and deteriorated when sorting, and immediately checked the outer packaging of the remaining products.
Fortunately, these remaining products were within the shelf life
.
The next day, Ms.
Lin took the spoiled crabs to the store in exchange for other seafood of comparable value
.
A few days later, when Ms.
Lin was preparing to cook the sea cucumbers in the spree, she found that the vacuum packaging bag of the sea cucumbers contained 2 packs of "sam abalone sauce".
The manufacturer was a seasoning food company in Dalian, and the seal of the seasoning bag showed production.
The date is December 19, 2019.
If you take a closer look, the shelf life marked on the package is 12 months.
According to this, it has already expired for more than three months
.
Lin was preparing to cook the sea cucumbers in the spree, she found that the vacuum packaging bag of the sea cucumbers contained 2 packs of "sam abalone sauce".
The manufacturer was a seasoning food company in Dalian, and the seal of the seasoning bag showed production.
The date is December 19, 2019.
If you take a closer look, the shelf life marked on the package is 12 months.
According to this, it has already expired for more than three months
.
Reminiscent of the previous spoiled crabs, Ms.
Lin suspects that the entire seafood spree products are expired products.
The seafood company repackaged the expired seafood and sold it again with a new expiration date.
On the same day, she called the customer service of the seafood company to request treatment
.
Since then, the two sides have negotiated many times for this purpose, but they have never been fruitful
.
Lin suspects that the entire seafood spree products are expired products.
The seafood company repackaged the expired seafood and sold it again with a new expiration date.
On the same day, she called the customer service of the seafood company to request treatment
.
Since then, the two sides have negotiated many times for this purpose, but they have never been fruitful
.
In June of this year, Ms.
Lin filed a lawsuit with the Hushan Court of Cixi Court, claiming that all the products in the seafood spree were expired products, and asked the seller to refund the total amount and bear ten times the price of compensation totaling 26,950 yuan
.
Lin filed a lawsuit with the Hushan Court of Cixi Court, claiming that all the products in the seafood spree were expired products, and asked the seller to refund the total amount and bear ten times the price of compensation totaling 26,950 yuan
.
After accepting the case, the court shall apply the small claims procedure in accordance with the law to conduct the trial based on the facts of the case
.
The small claims procedure is a simple and easy procedure used by the courts in the trial of civil and commercial cases with a small amount of litigation.
Compared with ordinary procedures, the method of litigation and service is simplified, which not only reduces the burden of litigation by the parties.
, It is also convenient for the court to hear the case
.
.
The small claims procedure is a simple and easy procedure used by the courts in the trial of civil and commercial cases with a small amount of litigation.
Compared with ordinary procedures, the method of litigation and service is simplified, which not only reduces the burden of litigation by the parties.
, It is also convenient for the court to hear the case
.
After the trial, the court held that, in accordance with Article 54 of the Food Safety Law of the People's Republic of China , food operators should store food in accordance with the requirements of ensuring food safety, regularly check the inventory of food, and promptly clean up spoiled or expired food
.
The "shen abalone sauce" involved was a bonus product of sea cucumbers in the seafood spree sold by the defendant aquatic products company.
It had obviously expired for more than three months when the plaintiff Ms.
Lin received it.
It did not meet the food safety standards and should bear the corresponding compensation liability
.
.
The "shen abalone sauce" involved was a bonus product of sea cucumbers in the seafood spree sold by the defendant aquatic products company.
It had obviously expired for more than three months when the plaintiff Ms.
Lin received it.
It did not meet the food safety standards and should bear the corresponding compensation liability
.
As for the amount of compensation, because the gift does not have an actual price, in accordance with Article 148 of the Food Safety Law of the People’s Republic of China, the consumer produces food that does not meet food safety standards or operates food that does not meet food safety standards.
In addition to claiming compensation for losses, the producer or business operator may also be required to pay ten times the price or three times the loss; if the amount of compensation is less than one thousand yuan, it is one thousand yuan.
The price of the material, the discretionary compensation amount is 1,000 yuan
.
In addition to claiming compensation for losses, the producer or business operator may also be required to pay ten times the price or three times the loss; if the amount of compensation is less than one thousand yuan, it is one thousand yuan.
The price of the material, the discretionary compensation amount is 1,000 yuan
.
In addition, the court held that the involved "shen abalone sauce" and other seafood products were packaged separately and independently, and the plaintiff, Ms.
Lin, had confirmed the shelf life of all products after receiving the seafood spree.
The quality problem was also dealt with in a timely manner.
Therefore, the court refused to claim that all the seafood products in the seafood spree were expired based on the expiration of the "ginseng abalone sauce", and then requested a full refund and ten times the compensation.
Give support
.
Lin, had confirmed the shelf life of all products after receiving the seafood spree.
The quality problem was also dealt with in a timely manner.
Therefore, the court refused to claim that all the seafood products in the seafood spree were expired based on the expiration of the "ginseng abalone sauce", and then requested a full refund and ten times the compensation.
Give support
.
In summary, the court ruled that the defendant aquatic products company compensated the plaintiff, Ms.
Lin, 1,000 yuan
.
After the verdict, neither party raised any objections.
A few days ago, the fishery company had paid 1,000 yuan in compensation as per the verdict
.
Lin, 1,000 yuan
.
After the verdict, neither party raised any objections.
A few days ago, the fishery company had paid 1,000 yuan in compensation as per the verdict
.
In recent years, the sales of seafood gift packages on the market have been booming.
These seafood gift packages costing several hundred yuan or even thousands of yuan are of different varieties, specifications, and quality.
Suspected of defrauding consumers
.
When purchasing, the general public should try their best to choose the gift packs sold by regular manufacturers and merchants, and check the specifications, quantities, and shelf life of each product in the gift packs when purchasing
.
If the quality of the product is found to be inferior, it is necessary to fix the evidence in time and protect the rights through legal channels
.
These seafood gift packages costing several hundred yuan or even thousands of yuan are of different varieties, specifications, and quality.
Suspected of defrauding consumers
.
When purchasing, the general public should try their best to choose the gift packs sold by regular manufacturers and merchants, and check the specifications, quantities, and shelf life of each product in the gift packs when purchasing
.
If the quality of the product is found to be inferior, it is necessary to fix the evidence in time and protect the rights through legal channels
.
