The consequences of the "deadline" are acceptable
Many consumers think that although the statement doesn't explicitly say "compensation" (using "offer") or "return one for three", the amount of 4,500 yuan is three times the original price of shoes 1499 yuan, which is equivalent to the aftermath of "return one for three". Compared with the first three statements, it is not easy.
Although consumers' rights protection departments, lawyers and other professionals believe that Hyperdunk2008FTB sports shoes sold by Nike to consumers are not equipped with patented air cushions at the heels as advertised, and they have not reported to the market supervision department when they know that the name of "air cushion shoes" is false, and they have been suspected of false propaganda and deceiving consumers. Therefore, consumers should be "returned for one and compensated for three" according to the provisions of the new consumer law.
Therefore, some consumers think it is acceptable for Nike to complete the refund within 90 days.
Centralized processing is more reasonable.
Like consumers, the staff of relevant market supervision departments basically agree with Nike's 90-day "deadline" after-treatment plan. The reasons are: first, Nike didn't say it was overdue; Second, it is reasonable to focus on the "deadline" in practice.
Some consumers are dissatisfied.
However, some other consumers believe that such a clean-up plan is hard-won, but it still leaves a "bone". Because Nike requires consumers to take the initiative to call their customer service number for consultation and registration, rather than Nike taking the initiative to find consumers to register and deal with the aftermath. Under such circumstances, if the consumers who originally bought the corresponding Nike shoes are not in China recently and do not pay attention to the corresponding aftermath, they may miss the opportunity.
"This situation is not impossible, it is entirely possible." Consumer Mr. Chen said that his children worked abroad, and after going abroad, many things happened in China, even major events, were not necessarily known. He estimated that in the continuous reform and opening up in China, there will be more and more "international consumers" like him, and the "deadline" of businesses may make such "international consumers" miss opportunities.
The lawyer disagreed.
Some lawyers also believe that Nike should not set a 90-day deadline for dealing with the aftermath.
Because first, the new consumer law stipulates that consumers have the right to choose their own goods or services, including the after-sales service of merchants. Nike's "deadline" for consumers to deal with the aftermath is essentially a restriction on consumers' exercise of rights, which will make consumers pay the price for not knowing the corresponding information, which is not in line with the purpose of protecting consumers' legitimate rights and interests in the Consumer Law.
Second, according to Article 135 of the General Principles of the Civil Law, the limitation period for the parties to request the people's court to protect their civil rights is two years. Moreover, this period is immutable and the agreement is not applicable, so the return period stipulated by Nike is actually invalid.
Even if the products or services are defective due to minor fraudulent mistakes, the merchants should take immediate measures to stop production and sales and implement the recall according to the Administrative Measures for the Recall of Defective Consumer Goods issued by AQSIQ. For businesses suspected of false propaganda and deceiving consumers, if they really have the sincerity to deal with the aftermath, they should take the initiative to find consumers and give them some consumers who may not find enough time to deal with the aftermath.