The samples displayed in the toy store
No one told the children not to move around
When they were inspected, they were promised to be intact.
Why did they change their minds after only two days?
1
Q1
Take your children to play in the children's amusement racing area of a shopping mall on Saturday During this period, the child played with the samples in the store, and the male clerk never told the samples that they could not be played with. Later, after the female clerk told us that they could not be played with, we immediately returned them to the store. After the store inspected them, they did not say anything wrong or uncomfortable. But then, the merchant sent me a WeChat message on Monday, saying that I had to buy this sample because children were playing with it and it affected sales. What should I do in this situation?
A1:
The store's request that you must buy samples has no legal basis. You can refuse the store's request. If the dispute between the two parties cannot be resolved through self-negotiation, you can ask the mall for mediation, or you can complain directly to 12315.
Samples are different from unopened new products. The purpose of store display is to allow customers to deepen their understanding of the functions of the samples by allowing customers to view, touch, and try the samples at close range, thereby achieving the purpose of promoting sales. If the samples are not Touching and trying are allowed, and a reminder should be given in a prominent position on the sample. Based on your description, it is speculated that the store may not have provided any clear instructions on or around the samples, and when the female store clerk told them that they could not try it, the child immediately returned the sample, and no damage was found after the store inspected the sample.
The store said that because children played with the samples, sales were affected. First, the store must provide evidence for this. If there is no conclusive evidence, its claim will be difficult to support and has no legal basis. If the store does have evidence proving that the child caused damage to the sample, you can first negotiate a compensation plan with it; if the negotiation fails or the store insists on letting you buy it, you can complain to the mall and let it mediate, or you can contact the consumer through 12315 Association made a complaint.
2
Q2
My new electric tricycle was placed in the community charging shed. Around 22:00 on the evening of February 22, 2022, it was maliciously damaged. The community surveillance camera captured the suspect's crime. Five or six tricycles were damaged at the same time that night. , we have called the police. How is our compensation amount calculated? What responsibilities does the community property owner have to bear?
A2:
You have the right to ask the infringer to compensate for repair costs and other losses. Whether the residential property needs to bear responsibility depends on whether it has fulfilled its security obligations .
If the loss caused by the suspect exceeds RMB 5,000, the standard for filing a criminal case is met, and his behavior is suspected of constituting the crime of intentional destruction of property. For property losses such as your vehicle repair costs, during the criminal proceedings, you have the right to file a criminal incidental civil lawsuit and demand compensation for related material losses. You can rely on repair fee invoices and transfer vouchers to prove the specific amount of losses you have suffered.
When you park your electric car in a community charging shed, generally speaking, there is no custody contract relationship with full duty of care between you and the community property. Whether it assumes responsibility depends on whether the property has fulfilled its general manager's obligations. According to the " Civil Code of the People's Republic of China ", property service providers have the obligation to take reasonable measures to protect the owner's personal and property safety; if the property company fulfills its security obligations, such as verifying visitors, conducting regular inspections, and ensuring the normal operation of monitoring equipment etc., then it does not have to bear the obligation to compensate. If the above obligations are not fulfilled, the community property shall bear the responsibility corresponding to its fault.
3
Q3
After the agreement, the house should be changed to the name of the child. The agreement was very clear, but the father of the child has always refused to come forward to transfer the property to the name of the child. He always refused to vacate the house because he had no place to live. There is also the issue of my child’s tuition. He also refuses to pay. What should I do?
A3:
The child's father should perform his obligations in accordance with the divorce agreement . If he refuses to perform and cannot resolve the matter through negotiation, the child's mother, as the child's legal representative, can file a lawsuit with the court.
According to the provisions of my country's " Civil Code" and relevant judicial interpretations, the property provisions in the divorce agreement are legally binding on both men and women, and the father of the child should perform corresponding obligations in accordance with the agreement. According to your description, the two parties agreed in the divorce agreement to transfer the house to the name of the children. This agreement appears to be a gift in form, but in fact it is a distribution plan for the joint property of the couple when they divorce. , cannot be equated to a general gift relationship, so the father of the child cannot regret or revoke the gift before the house is transferred, and must fulfill the transfer obligations as originally agreed. Regarding children's tuition fees, after divorce, parents still have the rights and obligations to support, educate and protect their children. The father of the child should pay the tuition fees in accordance with the divorce agreement; in addition, if necessary, the children can also ask for compensation exceeding the original amount stipulated in the agreement. Reasonable Requests.
Regarding the behavior of the child's father, the child's mother can first negotiate with him and require him to fulfill the obligations stipulated in the divorce agreement, cooperate with the house transfer procedures and pay tuition; If an agreement cannot be reached after negotiation or the child's father delays for various reasons, the child As the right holder, his mother can serve as the legal representative and file a lawsuit with the People's Court on his behalf.
4
Q4
My father is 64 years old and works as a cleaner in a community. At about 14:00 on March 23, 2022, he fell down the stairs from the lobby of the building where he was responsible for cleaning to the lobby on the first floor, causing a fracture of his left patella and a strain on his left outer shoulder. What responsibilities should the property owner bear? I pay all the medical expenses myself, what about the lost wages during the injury?
A4:
If a labor relationship is formed between your father and the property management company, you can try to apply for work-related injury recognition; if the two parties establish a labor relationship, and the property management company is at fault, your father has the right to require it to bear the compensation corresponding to the fault. responsibility.
In accordance with the "Labor Contract Law of the People's Republic of China" and "The Implementation Regulations of the Labor Contract Law of the People's Republic of China", if an employee reaches the statutory retirement age and enjoys basic pension insurance benefits in accordance with the law, the labor contract shall be terminated. If your father is engaged in paid work arranged by a property company and accepts the management of the company, then it meets the characteristics of labor relations. According to your description, your father is 64 years old, exceeding the legal retirement age. Although the determination of this is different in my country's judicial practice, some provinces and cities support the formation of labor relations between employees who have exceeded the legal retirement age and their units. However, according to the "Interpretation of the Supreme People's Court on Applicable Legal Issues in the Trial of Labor Dispute Cases (I)", if your father already enjoys pension insurance benefits or receives pensions in accordance with the law, then his and the company should be treated as labor relations.
When specifically solving this problem, you can first confirm whether your father has enjoyed pension insurance benefits or received a pension.If not, your father was injured due to work-related reasons during work. You can try to apply to the local social insurance administrative department for work-related injury recognition. After being recognized as a work-related injury, you will be entitled to work-related injury medical treatment in accordance with the law. During the suspension of pay period, The original salary and benefits remain unchanged. If your father already enjoys pension insurance benefits, then he was injured while providing labor services. At this time, based on the cause of the injury, if the property management company is at fault, your father has the right to demand that it bear the responsibility for the medical expenses, lost wages, etc. corresponding liability for compensation.
5
Q5
I paid a thousand yuan decoration deposit to the community property management before the decoration, but the property management did not give any advance notice on special precautions during the decoration process, nor did it sign a so-called decoration agreement, nor did it go to the site for supervision. After moving in, I asked the property management company to return the security deposit, but the property management company refused to return the security deposit on the grounds that my kitchen anti-theft net extended 40 centimeters from the window sill wall and the anti-theft net was installed illegally. Is this reasonable and legal by the property management company?
A5:
If the two parties did not agree on the specific guarantee matters when you paid the deposit, the property company has no clear legal and contractual basis for refusing to return the decoration deposit; but if you do install anti-theft nets in violation of regulations, the property company has the right to demand that you Rectification.
According to the provisions of my country's " Property Management Regulations " and "Residential Interior Decoration and Decoration Management Measures", the decorator or the decorator and the decoration and decoration enterprise should sign a decoration and decoration management service agreement with the property, and the agreement should include anti-theft windows Installation requirements, management service fees, liability for breach of contract, etc., and the property owner should inform the decorator and the decoration company entrusted by the decorator of the prohibited behaviors and precautions for the decoration project. According to your description, you paid a renovation deposit to the property before the renovation, but the two parties did not sign an agreement and did not stipulate the prohibited behaviors and liability for breach of contract during the renovation. Based on this, the property installed anti-theft nets in violation of regulations after your renovation was completed. There is no contractual basis or legal basis for refusing to return the decoration deposit for this reason. In this regard, you can negotiate with the property management company first; if the negotiation fails, you can collect transfer records, receipts, audio and video recordings, witness testimony and other evidence to file a lawsuit with the People's Court and require the property management company to return the decoration deposit.
Regarding the anti-theft network you installed, if the installation method violates the property service contract , the owner's management agreement or the local anti-theft network installation regulations, and hinders property services and management, the property management company also has the right to require you to carry out inspections on the illegal anti-theft network. Rectification.
