Lightning legal solution | Outrageous! The gold ring bought at a "fixed price" of 1,695 yuan only weighs 1.39 grams. Lawyer: The weight should be clearly marked
2024-08-14
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Recently, Ms. Huang from Guangdong went to a jewelry store to buy a "fixed price" gold ring. However, during the purchase process, the clerk said that the weight of the ring could only be weighed after purchase. In the end, Ms. Huang bought the gold ring for 1,695 yuan. Later, Ms. Huang asked the salesperson to weigh it, and found that the ring weighed only 1.39 grams, an average of 1,219 yuan per gram. Ms. Huang asked for a return, but was rejected by the merchant.
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In this regard, Gui Youde, a lawyer from Shandong Haina Law Firm, analyzed and interpreted it from a legal perspective:
First, from the perspective of protecting consumer rights, the price set by the operator violates Article 7 of the Price Law of the People's Republic of China, which states that "operators shall follow the principles of fairness, legality and honesty and trustworthiness in setting prices"; at the same time, it violates Article 14, Item (4) of the Price Law of the People's Republic of China, which states that "the use of false or misleading price means to deceive consumers or other operators into trading with them". Considering the value-preserving function of gold, even if it is a "fixed price" gold jewelry, its composition, weight and other information are of great interest to consumers. Merchants should mark the composition and weight so that consumers can make purchasing choices with full knowledge.
Secondly, from the perspective of the 56th Order "Regulations on Clearly Marking Prices and Prohibition of Price Fraud" issued by the State Administration for Market Regulation, there are problems with the sales method of "fixed price" gold jewelry. Among them, the "Regulations on Clearly Marking Prices for Goods and Services", "Regulations on Prohibition of Price Fraud" and supporting interpretations have made more scientific and reasonable provisions on the rules of clearly marking prices and the identification of price fraud. In particular, the price fraud listed in Article 19 (6): "Not marking or significantly weakening the price conditions that are unfavorable to consumers or other operators, and deceiving consumers or other operators to trade with them."
Therefore, when merchants sell gold jewelry at a "fixed price", they should clearly indicate its weight. Those who only mark the price, gold content, and craftsmanship, and do not mark or significantly weaken the price conditions that are unfavorable to consumers, may be suspected of price fraud.
Finally, in order to create a fair and honest trading environment, merchants should uphold the principle of integrity, strengthen the training of sales staff, and be comprehensive, detailed and accurate in product introductions. In addition, while regulatory authorities strengthen law enforcement and open up channels for rights protection, consumers should also keep their eyes open and fully understand the value of "fixed price" gold jewelry.
