Recently, due to the purchase of mobile phones by minors, there have been constant disputes between parents and businesses, which has become a difficult point in the mediation of the Consumer Protection Committee of Songjiang District. The District Consumer Protection Committee suggested that merchants should promise not to sell mobile phones to minors, and parents should also fulfill their obligations of supervision and guidance.
A few days ago, a 13-year-old child bought a mobile phone at a mobile phone store for 1399 yuan without the permission of his parents. However, they only agreed to refund 800 yuan on the grounds that “the mobile phone has been activated, which affects secondary sales”. The District Consumer Protection Committee received a complaint from Mr. Zou, a citizen. After mediation, the merchant finally agreed to refund 1,200 yuan and return the product.
Unique, Citizen Ms. He’s 14-year-old child also went to a mobile phone store to buy a second-hand mobile phone for 1,700 yuan not long ago. One week apart, Ms. He contacted the merchant to request a refund after discovering it. The merchant refused to return the product and refund on the grounds that the child was tall and could not be identified as a minor, and only agreed to recycle the mobile phone for 900 yuan. After mediation by the District Consumer Protection Committee, the merchant finally agreed to refund 1,100 yuan.
Article 17 of the “Civil Code” stipulates that a natural person over the age of eighteen is an adult, and a Natural persons are minors. Article 18 stipulates that an adult is a person with full capacity for civil conduct and may independently perform civil juristic acts. Any minor who is over the age of 16 years of age or older shall be regarded as a person with full capacity for civil conduct, with his income as his main source of livelihood.
Relevant staff of the District Consumer Protection Committee said that for most minors, buying mobile phones alone It is not an act of pure benefit, and it is not suitable for its age group, so its purchase behavior should be invalid. However, as an electronic product that will affect secondary sales once it is opened and activated, mobile phones have particularities different from other commodities, which have formed a contradiction with the purchase behavior of minors, resulting in constant disputes between parents and businesses, and have become district consumer protection products. Difficulties in mediation.
The District Consumer Protection Committee recommends that mobile phone merchants should take the initiative to check when facing consumers who are obviously underage their identity information, and promised not to sell mobile phones to minors. In addition, parents should fulfill their obligation of supervision and guidance. In addition to daily education and guidance for their children, they should also manage their children’s pocket money and keep important information such as their mobile phone payment passwords. Don’t wait until the children have extra expenses. Only regret to pursue responsibility.
Text: Liang Feng correspondent Yin Yue
< p>Editor: Jia Li Zhang Youming Shen Lina