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    90 Thousand Yuan To Send A Friend Luxury Goods Were Returned, Why?

    2012/3/20 11:58:00 29

    Luxury Fendi Consumer Fraud Compensation Clothing


    One garment, two producing areas.


    Event playback


    90 thousand yuan to send a friend luxury goods were returned


    In November 2010, Mr. Sun, a businessman in Beijing, bought 2 Fendi down garments at Fendi Xinguang Tiandi store and China World Trade Center store, which cost 89200 yuan.

    Then he gave all 4 down coats to his business partner Wang boss.

    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 the down jacket, which was labeled as Italy.


    In May 2011, Mr. Sun suddenly received a phone call from the boss of the boss and asked him to go downstairs to pick up things. The driver shoved a big shopping bag into his arms.

    Just look at these 4 down coats, Mr. Sun.

    The driver sarcastically said, "are you fooling people with a cargo?" Mr. Sun was embarrassed to take the returned gift.


    Mr. Sun found a good friend in English to help him, and found that the label of "MADE IN BULGARIA" (Bulgarian production) was marked in the down label of the down jacket lined with water.


    Mr. Sun said that in order to save face, he spent 150 thousand yuan to buy two LV bags for Wang boss.

    In August 2011, Mr. Sun sued Fendi (Shanghai) commercial company (hereinafter referred to as "Fendi company"), and asked for double compensation of 178400 yuan based on the fact that the label and the actual origin of clothing did not conform to the fraud.


    Fendi excuse: wrong place of origin.


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


    The lawyer of Fendi admitted that the down jacket was actually made to protect itself. But the proof indicated that when the Fendi Italian company shipped to China, it was mislabeled as Italy when the invoice was made.

    The staff made a Chinese label under the wrong instructions, so that the origin of Chinese and English labels produced by Mr. Sun was inconsistent.


    In addition, the lawyer said: "so expensive down jacket, Mr. Sun pays cash at once, which is not consistent with the general luxury consumption behavior.

    One purchase is 4, and buying motives are also doubtful.


    Court hearing: Fendi is not a fraud.


    In October 2011, the people's Court of Chaoyang District, Beijing decided that it was a refund, but that Fendi was not a civil fraud.

    Mr. Sun appealed.


    Mr. Zhu Weina, the attorney of Mr. Sun, challenged the fact that Italy "accidentally happened" to issue erroneous distribution information, and the associated company happened to have made a Chinese tag without verification.

    But these "coincidence" is not a mistake of Fendi, but a deliberate fraud.


    In December 14, 2011, the court of second instance ruled that the case was upheld.

    The court of second instance 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, so Fendi could not be identified as having committed fraud.


    However, some experts believe that the origin of Chinese label printing is Italy. The origin of English label printing is Bulgaria, which is a significant fraud. According to the forty-ninth provision of the consumer protection law of the People's Republic of China, businesses should be liable for punitive damages and double return.


    Fendi China World Trade Center shop "Bulgarian production" is not uncommon.


    In the process of litigation, Fendi admitted: "the clothing department Fendi clothing Italian company commissioned Bulgarian producers to produce, and Bulgarian manufacturers sent their garments back to Italy, which was delivered to us by Fendi Italian company."


    Fendi insists that the Chinese label on clothes is marked "Italy" because the message from Fendi Italian company is "Italy of origin".


    Fendi's lawyer also submitted to the court a product description.

    From the attached list, reporters found that in November 2010, only Fendi China World Trade Center shop sold 21 Bulgarian autumn and winter clothes.

    The "spring and summer commodities" sold in this store include 2 garments made in Romania, 4 garments in Ukraine, and all leather products from China in 2011.


    On the Internet, reporters could not find any news about Fendi's clothing OEM.

    The labels of clothing labels found in two stores are all labeled as Italy.

    A salesperson in China World Trade Center shop assured reporters that the knitwear and fur origin of Fendi were Italy.

    However, another salesperson said, "some of the down garments are not made in Italy".


    Industry secret


    Products returned overseas, "zipper zipper"


    Chen Jun, a boss of a garment foundry company, has revealed that many of the world's luxury brands are not produced in their own country, but are produced by some low labor countries.


    He told reporters a popular "hidden rule": in accordance with the provisions of various countries, which countries in which products to complete the last processing steps, and eventually become finished products, which country is the "country of origin".

    As a result, the "big players" took the opportunity to complete the processing of the products in most parts of the foundry country, and then "semi-finished products" were shipped back to China, and the final processing steps were completed in their own country.

    The origin of such products is the country where "big cards" are located.


    Chen Jun said: "a Italy brand clothing can complete most of the processing steps in Bulgaria, and the remaining zipper is not installed, then shipped back to Italy to finish the final processing.

    The origin of this garment is known as "Italy", which is in accordance with the law and is not a wrong mark.


    OEM "semi-finished products" returning home to save tariffs


    Chen Jun said that this approach has two advantages: on the one hand, products can be labeled as a good "country of origin"; on the other hand, the products shipped back to China can save tariffs.


    He explained that the product could only be regarded as a "semi finished product" without completing the final production step and without adding a trademark.

    The cost of "semi-finished products" is difficult to be approved, so the duty to pport them back to their country is relatively low.

    Although Chen Jun said, "no matter where the luxury goods are produced, the quality of the products is almost the same. Consumers should agree with the added value of brands, materials, designs and so on." but he also acknowledges that for those "big names", the above "hidden rules" are not willing to let the consumers know, and the problem of OEM is very confidential.

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