Clothes And Fabrics Are Unworthy Of Name &Nbsp; Sales Company Was Awarded Compensation.

[case replay]

In March 2009, Ms. Zhang went to a famous company.

[court judgement]

When the Court opened, the defendant argued that Ms. Zhang knew that she had bought a fake and had filed similar lawsuits several times, so Ms. Zhang was not.

After hearing the court, the company believed that the tag hung on the clothes which did not match the actual fabric of the dress had made a wrong statement to Miss Zhang, whose behavior constituted civil fraud, and therefore decided that the company should bear the responsibility of "repaying one by one".

[lawyer evaluation]

The focus of the dispute is whether the behavior of goods sold by the operator is inconsistent with the fabric of the label.

In daily life, the fraudulent means of business operators are mainly embodied in adulteration, adulteration, adulteration of adulterated goods, false price, etc., when consumers buy goods or receive services, they suffer legal rights and interests due to such fraudulent practices.

In this regard, China's "consumer protection law" has established a punitive damages rule for consumers. The forty-ninth provision of the law stipulates: "if an operator provides goods or services with fraudulent conduct, he shall increase the compensation for his losses according to the requirements of consumers, and increase the amount of compensation for the cost of goods purchased by consumers or twice the cost of receiving services."

In this case, Ms. Zhang can confirm the purchase of girls' woolen cardigan, girl's short sleeved T-shirt and other clothes on the basis of purchase vouchers and invoices, and the fact that the actual fabric of these clothes is not consistent with the fabric composition and content shown in the hanging tag of the clothes is also identified, so it is absolutely possible to confirm that the company has fraudulent practices.

As for whether Ms. Zhang buys commodities for life needs, the company can not provide evidence to prove that Ms. Zhang is buying fake products.

How many lawsuits have been mentioned by Ms. Zhang has not been directly related to the case. The previous litigation can not become a sufficient reason for negating Ms. Zhang's consumer status, and can not be a reason for the existence of fraud in the process of selling goods. Therefore, the court upheld Zhang's request for a lawsuit, and decided that it was reasonable and lawful to "withdraw one compensate one".

Consumers should pay attention to two points on the basis of this clause: first, consumers need to purchase, use commodities or receive services for the consumption of life, whose rights and interests are protected by this law; two, it is necessary to use legitimate means to prove the existence of fraudulent practices.

The so-called fraud refers to the behavior that the operator intentionally tells the consumer false situation or intentionally conceals the true situation, and induces the consumer to make the wrong intention.

Lawyers suggest that consumers should pay attention to the following points in their daily life consumption:

1, check the goods provided by the operators, keep relevant vouchers, and ask for shopping invoices, so as to prepare for future rights protection.

2. When purchasing items, the operator is required to indicate the specifications, grades, names and contents of the main components, etc., and shall, as far as possible, implement them in written form, and keep relevant advertising advertisements and other written materials.

3, when a dispute arises with a business operator, it can be settled through consultation, or may apply for mediation to the Consumer Association, appeal to the relevant administrative departments, apply for arbitration, or bring a suit in a people's court.

[Law link]

The forty-ninth law of the consumer protection law: "if an operator provides goods or services with fraudulent conduct, he shall increase the compensation for the losses suffered according to the requirements of consumers, and increase the amount of compensation for double the cost of goods purchased by consumers or the cost of receiving services."

Zheng Xiaoyun, Si Xiaonan