The First Person Broke The False Nike Basketball Shoes.

Recently, the "fake first person" Wang Hai broke the news, the same Nike brand.

Sold in China and the United States, they are of different quality and different prices.

Once it was disclosed, it immediately caused a great stir, and the international brand was once again pushed onto the cusp.

Public opinion is generally questioned: does Nike's practice constitute fraud? Is there price discrimination?

Wang Hai's discovery

In September 6th, Wang Hai, the first person to beat a fake, broke the news that he was in September 4th.

Nike store bought a pair of NIKEZOOMHYPERDUNK2011 basketball shoes with a price of up to 1299 yuan. After going home, they found that two air cushions had different viewing windows.

The observation window of the foot can see that there are white air cushions in it, and the front palm is black. It looks like the color of the rubber on the sole. There is also a marked difference between the hands.

Wang Hai suspected that there was no air cushion on his front legs.

He inquired about this shoe on Nike's official website and found that the same shoe sold for 125 US dollars (about 800 yuan) in the United States, with two ZOOM air cushions, while in China, the shoe with "heel and forefoot ZOOMAIR has soft and high response slow shock protection" for both feet has only one air cushion.

In September 5th, Wang Hai reported to Nike Xicheng sub Bureau of Beijing administration of industry and commerce that he was suspected of cheating Chinese consumers.

In September 8th, Sima, director of marketing department of Nike China, said, "the first round of investigation was conducted on Nike sports (China) Co., Ltd., which discovered the problem of NIKE ZOOM HYPE DUNK 2011 basketball shoes listed in China since the end of July 2011.

After investigation, it is regrettable to find that we have misused the promotional materials of ZOOMAIR in the forefoot and hind feet.

We apologize for the inconvenience this mistake has caused to the consumers.

"

Sima Pei said that at present, Nike China official mall has completed the update of product information, and is also revising the relevant information on this market.

Sima, Pei, promised that customers who had purchased the product before September 9, 2011 (including September 9th) and were not satisfied with the products affected by the above reasons will receive a full refund of the goods at the same time of the purchase of the goods and the original shopping voucher, and undertake the related expenses not exceeding RMB 300 yuan due to the return of the goods.

In response to Nike's "misuse of publicity materials", Wang Hai said that Nike is a false propaganda. If there is only one cushion for sale when truthfully telling consumers, it is also no problem, and that it will sue Nike.

The author contacted the Xicheng sub Bureau of the Beijing Administration for Industry and commerce. As of press release, the reply was: the case is still under investigation.

Does it constitute fraud?

Although Nike responded to "error in publicity materials," it declared that "this product conforms to the Nike brand's product performance index and the relevant quality inspection standards in mainland China".

But there is a consumer's question lingering: how can an international brand make mistakes in publicity?

Zhu Jianchun, a lawyer at Dong Ze law office in Beijing, believes that Nike must provide convincing evidence that the wrong publicity materials are used to convince consumers. Otherwise, it is deliberately false propaganda, suspected of fraud.

Wang Weiguo, a professor at the civil and Commercial Law School of China University of Political Science and Law, also believes that if Nike's revelations are true, Nike's behavior constitutes fraud.

Wang Weiguo said that according to the consumer rights protection law, when providing goods or services, the operators' statements of their goods or services are misleading or misleading if they are false or important, that is, they constitute fraud.

As to whether the false statement is subjective or deliberate, it is necessary for the relevant departments to make a clear conclusion.

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Turning to the responsibility of corporate fraud and the protection of consumer rights, Wang Weiguo said that the forty-ninth provision of China's consumer rights protection law stipulates that "if an operator provides goods or services fraudulent, he should increase the compensation for his losses according to the requirements of consumers, and increase the amount of compensation to double the cost of goods purchased by consumers or the cost of receiving services."

"

"Therefore, Nike should be responsible for the double purchase price of the buyer, and a simple refund is not enough.

"Wang Weiguo said.

Is there price discrimination?

"Products processed in China, sold at low prices in foreign countries and sold to Chinese people are selling at a high price. Is this not discriminating against us Chinese?"

"The same shoes, we spent more than 500 yuan to buy an air cushion, it is ridiculous.

"

...

This is a part of the consumer's complaint that Nike's selling price in China is higher than that in the US market.

In this regard, Wang Weiguo analysis said, "price discrimination" refers to the same market in the sales process, for different identities of buyers to provide different price behavior.

If the price discrimination is based on race, it is racism.

At present, China's laws do not prohibit the import products from selling at a market price higher than that of the country of origin, so they can not be simply identified as price discrimination.

There is no racial discrimination in the case.

Why is cheating frequent?

"The quality of goods sold by Chinese companies to foreign countries is better than that of domestic ones, and the quality of foreign companies sold to China is worse than those sold in Europe, America and Japan. Why?" complained Mr. Wu to the author.

Huo Yufen, associate professor of civil economics and Law School of China University of Political Science and Law, thinks there are three reasons for this phenomenon.

First, our laws and regulations are too lenient to punish fraudulent practices.

The same kind of goods, fraudulent Chinese consumers and American consumers, are facing different consequences.

In the United States, once a businessman is sued for fraud by a consumer, it will lead to a company bankruptcy if the facts are clear. In China, it is just an apology for compensation.

The reason is that laws and regulations in China and the United States impose different penalties on fraudulent products.

It is precisely because of the low cost of illegal operation in China that some businesses have been emboldened to cheat in China.

Second, China's regulatory authorities are not well supervised.

The incident of Nike is closely related to the lax supervision of the regulatory department. When the shoe is on the shelves in late July, the regulatory authorities of our country should make careful checks and checks on them.

If problems can be found in time, the role of whistleblower will not be played by one consumer.

Third, our citizens have high rights protection costs and few ways to safeguard their rights.

At present, most consumers in China do not take legal arms to defend their rights when they are infringed upon rights and interests.

There are too few ways to protect rights, effective ways to safeguard rights, too complicated procedures, and low efficiency, so that consumers' rights protection is in a passive position.

Breaking other people's discrimination needs improving itself.

3G mobile phone, the price of our country is 5 times that of the United States. The price of Mercedes Benz is 3 times that of the United States, and the price of Armani suit is 3 times that of the United States.

Why are foreign brand products so expensive in China?

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According to Zhu Jianchun, the reason why the price of famous brand goods in China is high is due to the fact that foreign businessmen aim at the psychology of Chinese consumers and monopolize the pricing of luxury goods, and the government has not timely sanctioned the monopoly pricing of exploiting Chinese consumers. The pricing of products sold to China has been monopolized by international brands and can be priced arbitrarily, no one has any objection.

However, Wang Weiguo believes that companies or citizens of any country must comply with the host country's laws and local market rules for business activities in other countries.

Governments and people in various countries usually judge the behavior of foreigners in the local market according to their domestic laws and local market practices.

Generally speaking, it is not necessary to make a comparative judgement based on the laws and market practices of the country where the alien is located. There is no need to simply classify the difference phenomenon in the comparative judgment into "double standard" or "discrimination".

International brands operate in China. If they violate China's laws and fair trade rules, they will not be prosecuted in other countries, even if they are not prosecuted in other countries.

On the other hand, if its behavior is not prohibited in China, nor does it violate China's public order and social interests, even if it is subject to stricter regulation or even banned in other countries, it will not be prosecuted by Chinese law.

"Therefore, in order to avoid the perceived discriminatory treatment of foreign consumers in China, we must improve our legal standards and market standards, and ensure that these guidelines and standards are effectively implemented.

"Wang Weiguo said.

Consumers are hurt.

When I visited the Nike store in the new world, I found a shop assistant giving publicity to customers.

NIKE ZOOM HYPER DUNK 2011 basketball shoes.

"The biggest feature of this shoe is that the hind foot has a ZOOM impact air cushion. The air cushion is very thin. Besides gas, there are elastic fibers in it. The characteristic is quick reaction. When stepping on it, you can feel the elasticity of the air cushion, the bouncing force is better, and it is very comfortable to wear on the feet, so it is very suitable for basketball lovers.

"

"How much is it?"

"1299 yuan. This pair of shoes is expensive on the air cushion of the hind feet. This air cushion has the technical cost.

"

"Oh, take a pair of 42 yards, let me have a try!"

I asked the clerk of Nike why he had been informed that Wang Hai was selling hot shoes to NIKE ZOOM HYPER DUNK 2011 basketball shoes in Xicheng District, Beijing.

The clerk told the author: "this is because the propaganda was wrong at that time. We are now only receiving the notice from the head office that we should remove the notice of the publicity poster on this type of shoe. We will wait for the notice if the shoe is on the shelf.

We can still sell it until we receive the notice.

But we will make it clear to consumers that this shoe has only one air cushion, and it is not our business whether consumers buy it or not.

"

"Did you find shoes and propaganda different when you were on the shelves?"

"Not found.

The thickness of the air cushion of the front and back feet is different. The front sole is very thin, only a few millimeters thick.

You see, the white window shown on the heel window is the ZOOM air cushion. The hand feels elastic when pressed, while the white color of the shoe on the front window is white.

Even if the white area is a ZOOM air cushion, it feels inelastic because it is too thin.

"

The salesman took the shoes in one hand, and looked at the front and back view windows to the reporters. He emphasized again: "we have already removed all the advertising advertisements for this type of shoes. Now we will explain the characteristics of this shoe to customers who are coming forward.

"

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The author also visited the Nike store of Cui Wei building, Guo Rui and Xidan shopping mall. No advertisement for NIKEZOOMHYPERDUNK2011 basketball shoes "heel and forefoot ZOOMAIR to provide soft and high response slow shock protection for both feet" was asked. The reason why the salesmen said that advertising and publicity had been removed according to company requirements.

I learned that Nike's propaganda was false. Many consumers said, "I have been wearing Nike products since I was young. This time Nike did something like this. I think I should replace other brands.

Without words, Nike makes me sad.

"Even a big brand like Nike is suspected of fraud. What brand should I believe in?"

Lawyer Zhu Jianchun believes that there is a trend in the recent outbreak of brand crisis, that is, the scale is bigger and bigger, and the specifications are higher and higher.

These famous brands once worked hard and worked hard, but after doing big things, they ignored the social responsibility and the interests of consumers. They did something that should not be done and tasted the bitter fruit that should not be tasted.

Zhu Jianchun pointed out that integrity is a sense of cost. Simply reducing costs and maximizing profits are only short-term actions which are not conducive to long-term development of enterprises.