Luxury Fendi, A Down Jacket, Two Places Of Origin

The Chinese label on the neckline reads "Italy of origin", while "hidden" in the lining of the clothes lining and under the water mark, the real place of origin is marked "MADE IN BULGARIA" (origin is Bulgaria).

A dress, two sources.

This happens to LV, MOET & CHANDON Hennessy group, the world's largest luxury group.

Found "false"

Sending 90 thousand luxury goods against business partners

Mr. Sun, 33 years old, is a businessman.

At the beginning of November 2010, he thought about giving a gift to his business partner, Wang boss.

Just now a friend showed him his newly bought down jacket, which looked elegant and fashionable and made Mr. Sun look at the top.

Friends told him that this is Fendi brand, known as an internationally renowned luxury brand.

Mr. Sun decided to send his friend's brand clothes.

In November 15, 2010, Mr. Sun bought two Fendi down coats at Fendi's shinguang world store.

In November 17th, he went to China World Trade Center Fendi store to buy two other down garments, which cost 89200 yuan.

4 down coats were given to Wang's wife and daughter.

Mr. Sun said, when buying clothes, the shop assistant told him repeatedly that the clothing origin was Italy.

He also saw the Chinese label of down jacket, which clearly marked "Italy of origin".

In his mind, Mr. Sun said, Italy clothing is "high-end and tasteful", giving people enough expression.

But in the following months, he found that his friends were indifferent to him, and the phone call used to be ignored.

Mr. Sun is in a fog.

It is ridiculed to be sent back by a suspected gift.

In May 2011, Mr. Sun suddenly received a call from his boss driver and asked him to go downstairs to pick up things.

Mr. Sun hurried down the stairs, and the driver shoved a big shopping bag into his arms.

Mr. Sun looked at the 4 down coats he gave to Wang's boss.

The clothes are brand new.

The driver sarcastically said, "are you fooling people with a cargo?" Mr. Sun was embarrassed to pick up the returned gift and was at a loss.

"I never gave a fake to anyone, I bought it from a specialty store.

It's the first time a gift has been returned. It's embarrassing. "

Mr. Sun said.

Mr. Sun examined the clothes carefully and did not see the clue.

He came to see a friend with good English before he could see the problem.

These down garments are lined with water marks on the bottom of the linen and marked "MADE IN BULGARIA" in English.

"At that time, I was hot on the face, and I realized why the driver of the boss Wang mocked me for sending goods."

Mr. Sun said.

In order to save face, he immediately spent 150 thousand yuan to buy two LV women's bags and gave them to Wang's wife and daughter.

After that, business partners forgave him.

Fendi fraud double claims

During the interview, the reporters saw these down coats.

The Chinese label on the inner side of the collar of the down jacket is marked "origin: Italy".

And at the seam of the lining of the clothes, hidden in five labels marked with ingredients and materials, there is a black cloth with a width of about 1 cm wide, which is marked with the true origin: "MADE IN BULGARIA".

"When buying clothes, they usually only look at the neckline labels.

I didn't expect such a big brand to have two.

In August 2011, Mr. Sun sued Fendi (Shanghai) Commercial Co., Ltd., which is responsible for the operation of China's region, and asked for a double compensation of 178400 Yuan due to the fact that the down label label and the actual production area of clothing did not conform to fraud.

Fendi defends: the origin is only wrong.

In court, Fendi agreed to return, but did not agree to double.

For the "two origin" problem, Fendi's attorney explained that it was only a wrong mark.

The lawyer admitted that the down jacket was actually produced in the case of self insurance, but the proof indicated that when the Fendi Italian company shipped to China, the "misplace" origin was marked as Italy.

The defendant made a Chinese label under the wrong instructions, which led to the inconsistent presentation of Chinese and English labels in the products purchased by Mr. Sun.

The lawyer said: "because of the wide variety of products and the wide range of sources of origin, if the product information provided by the manufacturer is verified one by one, the possibility of realization is almost zero, and it is not in line with commercial practice."

At the same time, lawyers questioned Mr. Sun as "not a consumer".

"Most expensive customers will pay credit cards, and Mr. Sun will pay cash at once, which is not consistent with the general luxury consumption behavior.

One purchase is 4, and buying motivation is doubtful.

The lawyer said.

Court hearing: Fendi is not a fraud.

Because Mr. Sun was a down jacket purchased in two stores, the case was heard separately.

In October 2011, Chaoyang Court made the same ruling: refund refund, but it was decided that Fendi company was not a civil fraud.

Mr. Sun appealed.

Mr. Sun's agent, Zhu Weina, a lawyer from Dacheng Law Firm of Beijing, challenged the fact that Italy "accidentally happened" to issue erroneous distribution information; the associated company happened to have made a Chinese tag without verification.

We believe that these "coincidence" is not a mistake, but a deliberate fraud.

Zhu Weina said, "consumer law" stipulates that consumers should be double compensated by fraudulent businesses.

Businessmen questioned Mr. Sun is not a consumer, mainly to avoid liability for compensation.

In December 14, 2011, the second intermediate people's court ruled that the case was upheld.

The court held that the water mark of the down jacket was marked in English with the actual place of origin. It is evident that Fendi did not conceal the real origin and could not be convinced that Fendi had committed fraud.

However, the court also criticized Fendi's wrongdoing.

The court held that Fendi, as a seller of Fendi's high-end brand, should uphold the principle of being responsible to consumers and strictly manage business.

Experts say

Discrepancy in origin is obvious consumer fraud.

Liu Junhai, vice president of the China Consumer Association and director of the Institute of commercial law, Renmin University, believes that the origin of Chinese label printing is Italy, where the origin of English label printing is Bulgaria, which is an obvious fraud.

According to the forty-ninth provision of "elimination method", the business shall bear the liability of punitive damages and double the amount of the loan.

Liu Junhai said that as a businessman, he has the obligation to disclose real information to consumers, and has more duty of care than consumers.

"Such a situation, even if it is not malicious, is a gross fault.

Fendi should be brave enough to admit mistakes and spend money on lessons. If it is judged to be liable for punitive damages, it will be a warning to other businesses.

After compensation, if a businessman thinks he is innocent, he can make a claim to the producer of the responsible party.

Liu Junhai said.

Chinese labels are the elements of sales contracts.

Liu Junhai said that the most important point in this case is the legal significance of the label.

The sale of foreign luxuries in the Chinese market is aimed at Chinese consumers and should be used in Chinese. Therefore, Chinese labels are more legal than foreign labels.

"The Chinese label of" Italy of origin "constitutes a written promise of merchants to consumers.

Liu Junhai said, the surface is the label, actually is the business to consumer's information disclosure, the information guarantee, guarantees each information which should provide should be true.

Liu Junhai believes that consumers believe in this label before payment is fulfilled.

In the contract of sale, label information is an important part of the contract.