Why can’t the “Xiaoli help” recharge card can consume in the store? men’s clothing store: cannot be discount for two times


When charging 5,000 yuan to get 800 yuan, Ms. Fang participated in the recharge when she heard such a preferential event. I did not expect that when the Yulin Qipai Zhonglou Lane Store was engaged in a preferential activity, she could not use the recharge card for consumption, which made Ms. Fang very angry.


According to Ms. Fang, on October 22, 2020, she and her husband went shopping in Zhonglou Lane. When they walked into the Men’s Men’s Shop, they fancy a down jacket and a sweater, worth more than 2,600 yuan. “The clerk told me that the recharge of 5000 can be sent to 800 yuan. I feel that it is very cost-effective and I bought the down jacket at the scene.” Ms. Fang told the China Business Daily-Erlinli reporter that the balance in the card after the consumption was 3142 yuan.

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On March 29, 2021, Ms. Fang came to the newly -built road shop when she was shopping. She encountered an event in the store that was full of 500 minus 100, but was informed by the clerk that the recharge card was not handled in the new road store, so Can’t use it in the store.

Because it was unable to use the recharge card shopping in the newly -built road store in Qipai, Ms. Fang came to Qipa Lou Tower Lane Store and carefully selected a dress worth 1099, and the store is making 500 minus 100 minus 100. In the event, Ms. Fang was informed by the clerk when the recharge card was consumed that the recharge card could not participate in the full reduction. “I proposed to retire the recharge card at that time, I bought it with the money, but I was rejected by the store.” Ms. Fang could only spend 1099 yuan to buy the clothes with a recharge card.


Ms. Fang said angrily that since the recharge card is applied, why can’t I use the recharge card to participate in the preferential activities in the store? Ms. Fang made a request to refund the card, but the person in charge of the Qiphotou Tower Lane shop first claimed that there was a remarkable balance on the card. Later, it was also said that if the card was returned, she needed to deduct the previously presented 800 yuan. Because the two sides could not reach an agreement, Ms. Fang dialed 12315 and 12345 to complain, and at the same time, she reported the situation to the China Business Daily-Erli [Xiaoli help] column.

According to the recharge card provided by Ms. Fang, you can see that there are several precautions on the back of the card: Please consume the amount in the card within 12 months from the date of opening the card, and expire for invalidation; , Do not withdraw cash, non -transfers, and non -refundable balances. “I didn’t pay attention to these matters, and the staff did not remind them. This felt like the overlord clause.” Ms. Fang said angrily.

On the afternoon of March 31, the China Business Daily-Erli Li [Xiaoli helped] column came to Qiphou Tower Lane Store. Activity of 500 minus 100. “Ms. Fang’s recharge card was originally equivalent to discount discounts, and there was no participation in second discounts.” The person in charge said that the customer asked to refund the card. For mediation, we also made concessions, only deducting 400 yuan, but the parties did not agree, and required to be retired. This is impossible. “”

It is understood that Qipai Group Co., Ltd. is a comprehensive group company that integrates clothing research and development, manufacturing and sales. It has more than 7 million private enterprises such as men’s clothing series such as high -end suits, and is involved in the textile industry and other industries.

In this regard, a staff member of the Yulin Market Supervision and Administration Bureau said that after receiving the complaint, they also investigated and interviewed the two parties to conduct negotiation. “At that time, the card recharge was equivalent to 20 % off the goods. Customers requesting participating in full reduction activities were equivalent to enjoying a second preferential policy.” The staff said that due to the large gap between the demands proposed by the two parties, there was no yet yet not yet yet not yet have Reach consensus, it is recommended that customers take arbitration or judicial channels to resolve.

Zhao Liangshan, a senior partner and a well -known public welfare lawyer of Shaanxi Hengda Law Firm, believes that according to Article 657 of the Civil Code: “The gift contract is to give the person to the receiver for free, and the gifts expressed the acceptance contract to accept gifts. “And Article 658 stipulates:” The gift can be revoked before the right to the property of the property. “

According to the preferential event of the merchant Yulin Qipai Zhonglou Lane, it is 5,000 yuan to get 800 yuan, so when Ms. Fang charges 5,000 yuan, the balance of the card is 5,800 yuan. Since the card is displayed as a balance of 5,800 yuan, it is deemed to have been completed. Merchant Yulin Qipai Zhonglou Lane Store and Ms. Fang have formed a legal relationship of gifts and gifts. 800 yuan. As for the terms of the balance recorded by the recharge card, it belongs to the format clause. This clause is unfair and unreasonable to consumers. According to Article 26 of the Consumer Rights Protection Law, the clause is significantly invalid. When the balance was returned, the 800 yuan was used as Ms. Fang.

Zhao Shan Shan said: “800 yuan for the presence of 800 yuan in the Qiphotou Lane Store is deemed to be a special event for merchants’ ladies. The merchant Qipai Zhonglou Lane shop does not allow Ms. Fang to participate in this recharge card to participate in other full reduction activities. Preferential activities, with their rationality, are fair to both parties. The practice of merchant Yulin Qi, Zhonglou Lane Store is appropriate. “


China Business Daily reporter Yang Huyuan Intern reporter Chang Na