national jewelry company wholesale Is there any warranty for the gifts delivered by the goods?

wholesale jewelry supplies rhode island This is a case with related laws and actual use and the actual use of hope to help you February 20 this year. One of my friends Ge's son, Xiao Fei, passed the ten -year birthday. I went to the mall to buy a pair of senior ice shoes. Gift to Xiaofei. It was unexpected that when Xiaofei used this pair of shoe skating, the pulley of the sole suddenly broke, causing Xiao Fei to fall and hospitalize. Because the ice shoes are a gift I have given, although Xiao Fei's parents did not tell me anything, I always felt very guilty. Excuse me: Who is responsible for the quality problem of gifts? Mr. Lu Ming and Lu Ming: According to the letter, we believe that Xiao Fei is caused by the quality defects of skating shoes. The producers and sellers of skating shoes should be liable for compensation. Article 185 of the Contract Law stipulates: "The gift contract is to give the person to the receiver for free, and the given person expressed the acceptance of the gift." Because the gift contract is free of charge, the donor and the buying and selling contract are therefore. The legal obligations and responsibilities of the seller are not the same. Article 191 of the Contract Law stipulates: "If the property of the gift is defective, the gift of the gift will not be responsible. If the gift is deliberately not told or guaranteed that the victim is lost, it shall bear the liability for damage." Looking at the situation, you buy high -end skates from the mall as a birthday gift to Xiaofei for free. You do not know the quality of the skating shoes, and it will not damage the maliciousness of Xiaofei. responsibility. As for Xiaofei's injury due to defects of skating shoes, they can claim the "Product Quality Law" and "Consumer Rights Protection Law". The "Product Quality Law" stipulates that "if the product is defective, the person's property damage is caused by the property of the other person, the victim can ask the product producer to request compensation or the product seller requires compensation. For sellers compensation, the seller of the product has the right to recover from the producer of the product. The responsibility of the seller of the product, the producer of the product, and the producer of the product. It is stipulated that the victim has the right to choose when requesting compensation. Article 2 of the "Consumer Rights Protection Law" defines the behavior of "consumer consumption needs to purchase, use goods or receive services" as consumer behavior of consumers. According to this provision, consumers in the legal sense refer to people who purchase, use goods or receiving services to meet the needs of life. Specific: people who buy goods or services for large -scale life; people who use the goods purchased by others or those who receive the fees paid by others. From a legal perspective, you bought skates from the mall and have the identity of consumers. Combining Article 41 of the Consumer Rights Protection Law stipulates: "If an operator provides goods or services, causing consumers or other victims to be injured, it shall pay medical expenses, care fees during treatment, income due to miscalculation revenue, etc. ; If the disability is caused, the person with self -service, living subsidy, disabled compensation, and the cost of living expenses for the people who are supported by them shall be paid; if a crime is constituted, criminal liability shall be investigated in accordance with the law. "Xiaofei's parents can be able to As a legal agent to complain to the Consumer Association, he can also sue directly to the people's court, asking the manufacturers of the ice shoes or the shopping malls that sell the ice shoes to bear all the compensation liability. Lawyer Zhu Junhua