How to compensate if foreign objects are found in beer

How to compensate if foreign objects are found in beer

Beer is a type of alcohol that is deeply loved by the general public. Beer is not easy to get drunk and is suitable for many people to drink. Moreover, beer is inexpensive and of good quality. It is the drink that many people choose for gatherings and meals. Drinking a bottle of ice-cold beer in the summer is perfect. The beer festival allows everyone to party and drink to their heart's content. Beer is so popular, so how should compensation be paid if foreign objects are found in the beer? Let’s take a look with the editor below.

How to protect your rights when there is foreign matter in beer

The parties may protect their rights by filing a civil lawsuit and requesting the court to order the other party to bear the corresponding payment liability.

1. When a party files a lawsuit, he or she shall first submit a written complaint and shall submit a corresponding number of copies according to the number of opposing parties. If the parties are citizens, the name, gender, age, native place and address of both parties should be stated; if the parties are organizations, the name, address and name of the legal representative or person in charge should be stated. The main body of the indictment should state the request, facts and reasons for the prosecution, and must be signed or stamped with an official seal at the end.

2. According to the principle of "whoever advocates shall provide evidence", the plaintiff shall submit the following materials to the court:

1. Materials on the plaintiff’s legal status. Such as originals and copies of evidence such as resident identity card, household register, passport, Hong Kong and Macao compatriots' home return certificate, marriage certificate, etc.; if the enterprise is the plaintiff, it should submit copies of business license, commercial registration certificate and other materials.

2. Evidence to prove the plaintiff’s litigation claims. Such as contracts, agreements, debt instruments (IOUs, IOUs, etc.), receipts and delivery receipts, correspondence, etc.

3. When a party submits documentary evidence to the court, he/she shall fill out a list of evidence in duplicate, listing in detail the name and page number of the evidence submitted. After the evidence is checked by the court case handler, the case handler will sign and seal the list of evidence, give one copy to the parties, and keep one copy for record.

4. After the parties have completed the necessary procedures and submitted all relevant evidence materials, the case filing court will proceed with the case filing procedures within seven days if the conditions for case filing are met; if the conditions for case filing are not met, the court will rule to reject the case in accordance with the law. You can negotiate with the seller, complain to the Consumer Association, or file a lawsuit in the People's Court. Article 34 of the Consumer Rights Protection Law stipulates that if a dispute arises between consumers and business operators, it can be resolved through the following channels:

(1) negotiate a settlement with the operator;

(2) Requesting a consumer association for mediation;

(3) appeal to the relevant local administrative department;

1. Administrative responsibility.

The industrial and commercial management department shall punish the producer or seller of the product in accordance with the provisions of the Product Quality Law, the Consumer Protection Law, the Anti-Unfair Competition Law and other laws. The general forms of punishment include: ordering rectification, and depending on the circumstances, issuing a warning, confiscating illegal gains, imposing a fine of not less than one times but not more than five times the illegal gains, or a fine of not more than RMB 10,000 if there are no illegal gains; in serious cases, ordering suspension of business for rectification, revoking the business license, etc.

2. Civil liability for compensation.

(I) Liability for breach of contract (contractual liability)

It is applicable to situations where there are defects in the product, that is, the product is unqualified but there are no unreasonable hidden dangers that endanger the safety of people or the property of others.

How should you protect your rights when there are foreign objects in beer? If you encounter such a problem, you can negotiate compensation with the merchant. If it cannot be resolved immediately, you can file a complaint with the relevant department.

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