6月3日，家住長(zhǎng)沙松桂園的文先生告訴記者，經(jīng)過(guò)一個(gè)月的“扯皮”，先后聯(lián)系5次，他買的那雙有瑕疵的百麗鞋仍然被拒絕更換。“只穿一天，鞋就脫膠，還不能更換”，文先生表示將在下周一，委托律師進(jìn)行訴訟。

    　　1、只穿一天鞋子脫膠

In April 28th this year, Mr. Wen bought a pair of shoes worth 500 yuan at a BELLE counter in a shopping mall in Changsha. After returning home, he found that the right foot was slightly open on the left side, 0.5 centimeters wide and 4 centimeters long.

Mr. Wen found the merchant second days later and asked for a replacement. The director of the counter said at the time that such defects were only within the scope of maintenance and could not be replaced. Mr. Wen did not agree. "After wearing it for a day, the problem must be changed."

During the period, Mr. Wen contacted and communicated with each other for many times. BELLE's customer service also sent the shoes to the inspection. The Changsha quality supervision found that the shoes were slightly degumming, and BELLE said it did not belong to the company's replacement category.

After calling 12315 today, the reporter replied that, according to the Provisional Regulations of the Hunan footwear industry for the settlement of consumer disputes, 7 days from the sale of footwear products, there are quality problems (such as breaking the bottom, falling off, cross section, degumming, etc.) that can not be worn, or the footwear products recognized by the relevant administrative departments as unqualified. If the consumers ask for returns, the operators should be responsible for returning the goods.

 　　   2、脫線脫膠或有“傳統(tǒng)”

Mr. Wen's experience was not a case. BELLE shoes soon appeared to be offline and degumming. Newspaper networks were mostly reported. Many consumers encountered similar problems with Mr. Wen: there were flaws but failed to meet the replacement standards.

In March 30th, Miss Suu Nanchang complained that she bought a pair of ladies' sandals at the BELLE counter for 307 yuan. After about a month, she found that the sole of the shoes had been broken. The staff of the counter said that it would take a month to repair it.

In April 22nd, Ms. Yang of Fuzhou complained that after spending 360 yuan to buy a pair, she wore less than a month ago. The outer membrane of the heel dropped off. The reply of the shop assistant was that the outer coating of the heel was a normal phenomenon, which was not a quality problem and refused to be processed.

In April 25th, Ms. Wu of Xiaoshan complained that she spent more than 400 yuan on the BELLE store in downtown Xiaoshan. Only a few days later, she found that the soles and the upper surfaces were degumming. The salesperson looked at the leather shoes and said that they could not change, but could only repair them.

Lawyer comment

The association should formulate more specific standards.

In this regard, lawyer Xing Keming, member of HP rights protection law group and Beijing Ying Ke law firm, analyzed:

First of all, such things can be restricted according to the law of the People's Republic of China on the protection of consumers' rights and interests and the quality of goods law of the people's Republic of China. If a businessman has three packages of promise in selling such goods, businesses should fulfill their commitments and if not, deal with them according to regulations.

"According to the law, if it is a qualified product, besides the special commitments of the merchant, it can be repaired and repaired two times. There are still problems that can be replaced or even returned."

Xing Keming's lawyer thinks that Mr. Wen's case is very typical. If he wants to solve such disputes reasonably, he thinks: first, the relevant industry associations (consumers) or specialized industry organizations (footwear) should formulate more specific quality standards for products of different types or grades of quality, that is, quality certification. If a product reaches a certain level, there will be corresponding requirements. If this standard is met, it can suit the remedy to the case, otherwise it will only allow businesses to act on their own initiative.

Secondly, the state should establish a more stringent mechanism for complaint rights protection: once there are complaints and check the number of complaints, the quality of the products being complained, and the degree of social harm, we should implement measures such as warning, rectifying, lowering the shelves and recalling the business.

Xing Keming said: "the state's new consumer rights protection law is being revised, and there may be more highlights for consumer rights protection."