Ms. Mao asked:
Recently, I bought 3 discounted clothes in a big shopping mall. After 3 days, I found that the clothes brand, workmanship and quality have problems. For example, the trademarks inside and outside the clothes are different, the labels are hand-sewn, and the initial judgment is fake. After that, we will find a business communication. The merchant acknowledges that there is a problem with the clothes and proposes to solve the problem with the three parties. But I am worried that the information leaked and I did not agree. The seller said that it can be returned, but I heard that it should be a fake one, and even say "fake a lose ten." I want to ask: How to identify the authenticity of the goods bought in the mall? What is the basis for consumer claims? How to defend rights?
Ms. Mao’s “fake one loses three” is legally based.
In accordance with Article 55 of the Law on the Protection of Consumer Rights and Interests: if the operator provides fraudulent acts of goods or services, it shall increase the compensation for the losses suffered by the consumers according to the requirements of the consumers, and increase the amount of compensation for the price of the goods purchased by the consumers or Three times the cost of receiving services; if the amount of compensation is less than five hundred yuan, it is five hundred yuan. Where the law provides otherwise, it shall be in accordance with its provisions.
If the operator knows that the goods or services are defective and still provides them to the consumers, causing the death of the consumers or other victims or serious damage to the health, the victim has the right to request the operators to comply with Article 49 of the Consumer Protection Law. Article 51 and other laws provide for compensation for losses and have the right to claim punitive damages less than twice the loss suffered.
As for the legal basis for saying "fake a lose ten", Article 148 of the Food Safety Law: If a consumer suffers damage to food that does not meet the food safety standards, he may claim damages from the operator, or The producer claims damages. The producers and operators who receive the consumer compensation requirements shall implement the first responsibility system, pay first, and may not be shirked; if they are producers, the operator shall have the right to recover from the producer after compensation; if the operator is responsible, the producer shall compensate After that, he has the right to recover from the operator.
Produce foods that do not meet food safety standards or operate foods that are not in compliance with food safety standards. In addition to claiming compensation for losses, consumers may also demand compensation from producers or operators for ten times or three times the loss; The amount of compensation is less than one thousand yuan, which is one thousand yuan. However, food labels and instructions are not subject to food safety and are not misleading to consumers.
As can be seen from the above legal basis, “fake one loses three” applies to fraudulent acts when the operator provides goods or services; at the same time, the operator knows that the goods or services are defective and still provides to the consumers, causing serious consumers. As a consequence, in addition to the statutory compensation, the victim also has the right to demand punitive damages less than twice the loss suffered. "Fake one loses ten" is exclusive to the food safety field. If the food is produced that does not meet the food safety standards or the food that is known to be inconsistent with food safety standards, the consumer can also pay the producer in addition to the compensation. Or the seller asks for a ten-fold payment or a three-fold loss.
How does Ms. Mao encounter the situation? At present, merchants have admitted that clothing is a problem, but it is not a fake and needs to be identified. Appraisal conclusions from brand owners can be used. If the manufacturer refuses to make reasonable compensation claims, the consumer may request the Consumer Protection Committee to coordinate the settlement, or may sue the people's court according to law.
(Article source: Shangguan News)