Recently, according to the official website of the Shanghai Municipal Supervision Bureau, Langjiu (Shanghai) Liquor Marketing Co., Ltd. (hereinafter referred to as Langjiu Company) excludes consumer rights in the standard terms and expresses inaccuracies, unclearness and understanding of the performance, function, place of origin, use, quality, composition, price, etc. of the goods, or the content, provider and form of the service. He was fined 3,000 yuan and given a warning.
Image source Shanghai Municipal Supervision Bureau official website.
Promises of goods in the advertisement
Inaccurate, unclear, unclear
According to the administrative penalty decision, since July 25, 2021, in order to sell its company's products, Langjiu Company has placed a card named "Super Value Big Buy", a promotional poster of "Xiao Lang Liquor Big Brand", a popcorn sticker of "Xiao Lang Liquor Big Brand" polygon, and a rectangular shelf named "1 Yuan Value Big Buy" in its liquor sales store.
One of the cards is printed with "Drink Shun Pin Lang 1 bottle with labeled bottle cap plus 1 yuan for 100ml classic Xiaolang wine 1 bottle"... The shelf sign is printed with "Drink Shun Pin Lang 1 bottle with labeled bottle cap Plus 1 yuan for 100ml classic Xiaolang wine 1 bottle"... The poster reads "Xiaolang Liquor Big Brand Thick Sauce and Aromatic Small Bottle of Baijiu Drink 1 Get 1 Free 1..." Drink Shun Pin Lang 1 bottle with labeled bottle cap plus 1 yuan in exchange for classic Xiaolang wine 1 bottle... The explosion is plastered with the words "Xiaolang liquor Big brand Thick sauce and aromatic small bottle of liquor Drink 1 get 1 free..." Drink Shun Pin Lang 1 bottle with labeled bottle cap plus 1 yuan in exchange for classic Xiaolang wine 1 bottle... The lettering. The above advertisements are printed with the words "The final interpretation of this activity belongs to Langjiu (Shanghai) Liquor Marketing Co., Ltd."
The Shanghai Municipal Supervision Bureau said that langjiu company used the words "the final interpretation right of this activity belongs to Langjiu (Shanghai) Liquor Marketing Co., Ltd." in its above-mentioned commercial advertisements, which is a standard contract clause, and its content excludes the consumer's right to interpret the standard terms.
In addition, it uses "Xiaolang liquor big brand strong sauce and aromatic small bottle of liquor drink 1 get 1 free" on the poster and explosion sticker, but at the same time it also prints the words "drink Shunpinlang 1 bottle with the label bottle cap plus 1 yuan to buy 1 bottle of classic Xiaolang wine", but Langjiu Company equates the above "drink 1 get 1 free" with "plus 1 yuan for 1 bottle of classic Xiaolang wine", for the same activity, and the promise of the product in its advertisement is inaccurate, unclear and unclear.
Violation of advertising laws, etc
He was given a warning and fined
The administrative punishment decision also shows that after investigation, Langjiu Company put a total of 340 posters in each store, 200 cards, 160 shelves, and 140 explosive stickers. After the incident, on October 9, 2021, Langjiu Company has stopped placing promotional materials in partner stores and recycled the promotional materials released.
Langjiu Company's act of excluding consumers' right to interpret the standard terms violates Article 11 (4) of the Measures for the Supervision and Handling of Contract Violations: "Where a business operator concludes a contract with a consumer using standard terms, the business operator shall not exclude the following rights of consumers from the standard terms: ... (iv) the right to interpret the standard terms; ..."
Langjiu Company's behavior of inaccurate, unclear or unclear promises to the goods in the advertisement violates the first paragraph of Article 8 of the Advertising Law of the People's Republic of China, "Where the advertisement has expressed the performance, function, origin, use, quality, composition, price, producer, expiration date, promise, etc. of the goods, or the content, provider, form, quality, price, and promise of the service, it shall be accurate, clear and clear." ".
In accordance with relevant laws and regulations, the Shanghai Municipal Supervision Bureau imposed a warning on Langjiu Company and imposed an administrative penalty of a fine of RMB 300,000 yuan.
Written by: Nandu reporter Xiao Yunhui
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