23

May

If you ask for "buy no supplies", force the important ring. How to deal with "push and buy"?

An important gem.

「不用品買い取り」頼んだら、大切な指輪を強引に…「押し買い」にどう対処?

When it comes to "selling", it is very famous as a vicious commercial law in the past, on the contrary, "pushing and buying" has also become a social problem. Visiting ordinary families and forcibly buying precious metals can also cause injuries such as being forcibly bought their cherished rings. What kind of people are easily targeted, and if they are victimized, how to deal with them? I asked Chi Jianhao, a consumer life consultant.

Even if it can be cooled.

q. In terms of "push and buy", I mean. Pool see "push and buy" generally refers to the purchase of non-supplies and other names to visit private housing, at out-of-law prices, forcibly buy precious metals and other bad means. The specific Business transaction Law makes rules for contracts prone to disputes between operators and consumers, which is classified as "door-to-door purchase" and restricts door-to-door purchase of enterprises. [main provisions] cannot be visited without entrustment (it is forbidden to invite) be sure to inform the name of the enterprise in advance, the purpose of the visit (signing the contract), and the specific name of the goods purchased (such as watches, etc.). The ambiguous "there are no supplies" is NG). Things other than its purpose cannot be traded, persuasion can not be rejected, then persuasion cannot (prohibition of re-persuasion) before the contract is signed, the cooling closure system and, during the cooling and closure period, the delivery of goods can be refused, including the content of the contract through false description and coercion. It is forbidden to deliberately not tell unfavorable facts, etc., what belongs to this kind of "door-to-door purchase" is the situation in which ordinary consumers sell, when the acquirer suddenly visits or makes an appointment with the phone in advance, and is persuaded to "please sell" to sign the contract. It is not applicable to contracts that take the initiative to call a merchant or take the disposition of the property of the moving house as the premise. In addition, it does not apply to cars other than 2 wheels, furniture, home appliances other than easy-to-carry sizes, books, CD, DVD, game software, securities contracts "Q. What kind of people are easily targeted? Judging from the consultation received at the National Consumer Life Center in 2019, the proportion of people visiting the purchase consultation is increasing with the age from their sixties to the advanced age (according to the 2020 version of the Consumer White Paper of the Consumer Office). Generally speaking, the elderly have a lot of useless property when they buy it in their lives for many years. Therefore, the demand for "want to punish" is strong, and the business side will also take this as the goal to persuade. In addition, men and women, young and old, who are not good at rejecting other people's requests, need to pay attention to them. Pushing and buying is originally a vicious commercial law that forces consumers to sign unscheduled sales contracts. When you receive a call from "no supplies", if you show that you can't categorically refuse to wait for a "weakness", vicious merchants will aim at this point. At ordinary times, you should get into the habit of expressing clearly "don't want to hate things". "Q. If you sell something you don't want to sell, is there any way to get it back? Generally speaking, according to the situation of the sale, there are two methods: the termination of the cooling customs system, the return of goods and the termination of the contract with the operator's agreement. (1) in the case of a specific commercial transaction law of "visit and purchase", the consumer as the seller may terminate the contract unconditionally in writing within 8 days from the date of receipt of the legally correct contract document. In addition, there are the following rules: The operator cannot demand any damages and other consumers may refuse to deliver the goods during the cooling shutdown period even if the consumer signs a sale contract. If the purchaser resells the goods during the cooling shutdown period, the seller will resell the place, resale date, details of the goods, etc., and resell the goods purchasers The details of the resale goods and the goods, the notice during the cooling shutdown period (2) flyers, etc., after inviting the industry to sign a contract, if you want to get it back from the consumer, it will not become the object of the cooling shutdown. Terminate the contract after direct negotiation with the merchant. In this case, an agreement needs to be reached with the buyer. However, if it is forcibly sold, it can be used as a "forced" cancellation of the contract. Not to mention the random visit of the merchants, when they call the merchants if they want to sell non-supplies, the things they want to sell are said to be "worthless" and asked for other things, and some people will think, "can I refuse?" In this case, is it okay to refuse? In addition, what should I do if someone says, "obviously you called me" or "you can't go back for free"? Mr. Chi: "there is no problem with refusing." Because the requirement of "what you want to sell has no value, sell something else" is different from the purpose for consumers to call a merchant, it is only forced to enter into another contract. The Civil Law guarantees the "principle of freedom of contract", that is, the parties choose to sign or not to sign the contract. Rather, forcible persuasion and violence that hinder the freedom of contract will constitute illegal acts. If you want to ask enterprises and institutions to leave without going back, or if you are threatened by gibberish or intimidation, call the police and ask them to come home. In addition, on the contrary, when calling a merchant, a contract such as "this watch sells for 19,800 yen" is signed in advance. After a visit, the merchant will change his mind and refuse to sell without authorization, and may not fulfill the agreement. When you investigate and address the merchants in person, please make it clear that "although you don't know whether to sell or not to sell, you only want to make an offer." When it comes to moving, some people will be very sensitive to the advertisements of "snapping up non-supplies". How to choose a business? Mr. Chi: "the checkpoints shown in the advertisement are as follows." [advertisement shows] snapping up non-supplies, belonging to antiquities dealers, needs to be approved by the Public Security Committee. If the advertisement has an antiquities dealer license number, please confirm on the WEB website of each public security committee that you should pay attention to those advertisements that only emphasize favorable conditions. Carefully check the conditions in every corner and confirm by phone. If you are a little uneasy, please do not entrust the permission of the general waste disposal industry and cannot do business with antiquities dealers. In addition, some autonomous bodies such as District 23 of Tokyo, according to the regulations, operators outside the autonomous body cannot recycle household garbage and waste. When entrusting purchase and waste recycling, please confirm the permission of both parties in advance, and check the waste recycling guidelines of the autonomous body in advance. [contract considerations] movers and buyers should at least quote from 2 or 3 companies in advance. If you do not sign the contract immediately, the courage to refuse decisively is also very important when the consumer asks for an acquisition when moving, in principle, it is not subject to the restrictions of specific business transaction laws. Choose the contract unit carefully on the same day, if it is different from the prior negotiation, stop working. Please lodge a complaint on the spot. If you want to rush to buy it by force, I will call the police. If you are a little upset, whether before or after signing the contract, please consult the Consumer Life Center through the Consumer Hotline (No Bureau number 188). "

Ottnasser's editorial department

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