"6 · 18" online shopping?This case tells you!

When online operators sell counterfeit and shoddy products to consumers, how can consumers protect their rights and interests?

Recently, a case of trial of the People's Court of Dushanzi District, Karamay, Xinjiang gave an answer.

Basic case

The plaintiff Ma purchased a set of women's high -end suit suits at a price of 1086.10 yuan at the "Specialty Store" opened by an online e -commerce company at a price of 1086.10.

The plaintiff found that the goods were not genuine after receiving the goods, and failed to negotiate with the defendant's refund and compensation. Therefore, it was prosecuted to the court to ask for the refund of 1086 yuan and pay three times the compensation of 3258 yuan, and the printing and copy fee was 10 yuan.

Entrusted by the Dushanzi District Court, the right holder of the trademark of a certain group Co., Ltd. issued an opinion, arguing that the commodity of the commodity was counterfeit and inferior products.

Referee result

According to Article 55, paragraph 1, paragraph 1 of the Consumer Rights Protection Law of the People's Republic of China: "If an operator provides goods or fraudulent behaviors, it shall increase the loss of compensation in accordance with the requirements of the consumer and increase compensation. The amount for consumers to purchase goods or the cost of receiving services is three times the amount; if the amount of compensation is less than 500 yuan, it is 500 yuan. If the law has other provisions, in accordance with its regulations. "

The People's Court of Dushanzi District believes that in this case, according to the opinions issued by a trademark right holder Group Co., Ltd., it is enough to determine the counterfeit and inferior products that the plaintiff purchased at the defendant. It is based on the support of this court.

Judge

Online consumption fraud is mainly manifested in the sales of counterfeit and shoddy products in online transactions. For example, other products are used to impersonate the products sold, and the actual sales of goods are different from online logos or promotional products in terms of materials, nature or some attributes.

In business activities, operators should follow the principles of voluntary, equality, fairness, and honesty.

Source: People's Court of Dushanzi District, Karamay City

Edit: Li Ruiqi Ru Bana

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