Of course it is not allowed to be operated, but it is allowed to be given away. If it is a qualified product, it is legal.

According to the provisions of Article 191 of my country's "Contract Law", "In case of a donation with attached obligations, if the donated property is defective, the donor shall bear the same liability as the seller within the scope of the attached obligations." "Responsibility."

The so-called gifts of merchants are different from ordinary gifts. Consumers can only obtain gifted goods when they reach a certain total consumption of designated goods at designated places according to the merchant's requirements. Therefore, the merchant's This gift is obligatory, not free.

Therefore, if there are quality problems with the gifts, the merchant should bear the responsibility for return or compensation.

From the perspective of the Consumer Rights Protection Law, obtaining genuine goods at reasonable prices is an inviolable right of consumers. Even if there are gifts, they should be qualified, meet the grade, and meet the agreed quality. Merchants are not allowed to provide substandard products or counterfeit products on the grounds of gifts.

In fact, most of the gifts used by merchants for promotion are also included in the cost of sales. Therefore, gifts are actually products used by merchants for sale and should be subject to the Consumer Rights Protection Law and the Product Quality Regulations. law.

"Contract Law of the People's Republic of China"

Article 191 If the donated property is defective, the donor shall not be liable. If a gift is accompanied by an obligation and the donated property is defective, the donor shall bear the same liability as the seller within the limits of the obligation.

If the donor intentionally fails to disclose defects or guarantee that there are no defects, causing losses to the donee, he shall be liable for damages.

"Consumer Rights and Interests Protection Law of the People's Republic of China"

Article 23 Operators shall ensure that they provide the goods under normal use of goods or receipt of services. The quality, performance, purpose and validity period that the goods or services should have; except where the consumer is aware of the defects before purchasing the goods or receiving the services, and the existence of the defects does not violate the mandatory provisions of the law.

If operators indicate the quality status of goods or services through advertisements, product descriptions, physical samples or other means, they shall ensure that the actual quality of the goods or services they provide is consistent with the indicated quality status.

For motor vehicles, computers, televisions, refrigerators, air conditioners, washing machines and other durable goods or decoration and decoration services provided by operators, consumers shall discover within six months from the date of receiving the goods or services. If a dispute arises about defects, the operator shall bear the burden of proving the defects.

Measures for the Management of Retailers’ Promotional Behaviors

(Ministry of Commerce 2006 No. 18)

Article 12 Retailers shall not lower the price of promotional products when conducting promotional activities (including prizes and gifts sold with prizes) and after-sales service levels. Items with substandard quality shall not be used as prizes or gifts.

Reply opinions of the State Administration for Industry and Commerce on issues related to the alleged infringement of the exclusive rights of registered trademarks by gifts

(Industrial Trademark Zi [2013] No. 196)

According to the request for instructions and the attached materials, in order to consolidate customer relationships, improve customer levels, and cultivate high-quality customer groups, the parties gave away goods to customers when carrying out financial product marketing activities. The logos they used were the same as those registered by others on the same or similar goods as the gifts. Identical or similar trademarks constitute trademark infringement as described in Article 52 (5) of the Trademark Law.

Reply letter from the Office of the National Certification and Accreditation Administration regarding issues related to the products given away during sales activities that have not been subject to compulsory product certification

(Acknowledgment Letter [2016] No. 8)

If the products given away during the sales process are in the compulsory product certification catalog, they must be certified and marked with the certification mark before they can be shipped, sold, imported or used in other business activities.