It's easy to recharge and difficult to refund. It's against honesty and is a fraud-瞭望新时代网

It's easy to recharge and difficult to refund. It's against honesty and is a fraud

2023-02-13

The picture shows the court hearing scene. In recent years, with the improvement of people's living standards, the consumption channels have become increasingly diversified, and the card consumption has gradually become a more common consumption mode in people's daily life. From the perspective of operators, it can not only fix customers and obtain stable profits in advance within the foreseeable time, but also effectively finance and expand consumption channels. From the perspective of consumers, in order to meet future consumption needs, a certain amount of money will be paid in advance to operators at a time within the scope of affordability, so as to enjoy greater benefits. However, in practice, operators often make various preferential promises to cardholders in order to promote sales, and then refuse to honor them for various reasons, thus infringing the legitimate rights and interests of consumers. The People's Court of Yongqing County, Hebei Province heard such a case according to law. The plaintiff's three sisters Bao and the defendant, an agricultural science and technology company in Hebei Province (hereinafter referred to as the agricultural science and technology company), had a dispute over the return of vegetable cards. The court decided in the first instance that the agricultural science and technology company would return the balance of the plaintiff's membership card and the value of the gift of vegetable cards. The agricultural science company refused to accept the judgment of the first instance and appealed to the Langfang Intermediate People's Court. Finally, the second instance of Langfang Intermediate Court rejected the appeal and upheld the original judgment. The judgment in this case once again reminds that the operator who adopts the prepaid type must abide by the law and operate in good faith. The principle of good faith is the basic principle for civil subjects to follow in civil activities, and is also the focus of our country's civil moral construction. The judgment of this case has reference value for correctly handling economic disputes between civil subjects, maintaining the healthy operation of the market economy, and promoting the socialist core values. The agricultural science company opened a branch and promised to recharge the gift card. In March 2018, the defendant agricultural science company operated several member stores in the districts and counties of Langfang City, engaging in the sale and distribution of agricultural products such as vegetables. When the agricultural science company opened, the three plaintiffs, Bao's sisters, handled a membership shopping card at the member store of the agricultural science company located in Langfang downtown, and enjoyed the purchase of agricultural products and distribution services at preferential prices. In December 2019, the defendant Agricultural Science and Technology Company, in order to expand its business scale, adopted the method of membership card recharging and gift marketing, and made a public commitment to the community: all customers who handled membership shopping cards in the store, with the card recharging of 1999 yuan, will be given 12 vegetable shopping cards, one period per month, with the value of 99 yuan per period, and the total amount of 1188 yuan. The instructions for the use of the vegetable shopping card indicate that the card is limited to the purchase of vegetables; With this vegetable card, only the card holder can consume; The card is bearer, non-loss reporting, non-change, non-cash withdrawal, and the amount used up will be recovered by the membership store of the Agricultural Science Company; This card can only be used in the current month, and will be invalid after expiration. The final interpretation right of the card belongs to Agricultural Science Corporation. On December 14, 2019, during the above-mentioned promotional activities, the three sisters of Bao's family each recharged 2000 yuan into the member's shopping card, and each received 12 free vegetable shopping cards worth 1188 yuan. The gift amount for the disputes caused by the closure of the store will not be refunded. At the end of January 2020, the member store in Langfang urban area operated by the Agricultural Science Company will be closed although it is open. In April 2020, the above stores will be closed. At this time, the remaining unexpended amount in the shopping cards of Bao's three sisters is 2049.57 yuan, 1537.3 yuan and 1524.2 yuan respectively

Edit：Ying Ying Responsible editor：Jia Jia

Source：rmfyb.chinacourt.org

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