Fake Shoes Bought On Vip.Com Are Fake.
Wuqiang told reporters that in August 2014, he bought two pairs of Adidas sneakers on vip.com website. After receiving the goods, he found that one pair of sneakers were rough, not only in the shoes, but also in the upper part of the upper part.
"There should be no such problem with genuine products?" with such doubts, Wuqiang tried to compare the same sports shoes on Adidas's official website, but it has never been found, which made him even more suspicious that he had bought a fake.
According to the introduction of Wuqiang, since then, he has repeatedly called vip.com to verify, vip.com has always insisted that the sneakers are genuine, can be returned to deal with; and if consumers doubt that it is a non genuine product, they need to provide relevant test certificates.
Reporters learned that in fact, more than one person in Wuqiang, where he is called "vip.com fake rights protection group" QQ group, has gathered more than 40 consumers questioned vip.com sales.
Consumer rights testing is difficult
Wuqiang told reporters that after discovering the quality of shoes, he went to a local Adidas store in Shenzhen to ask questions. A staff member told him that there was no sale of the same sports shoes in the shop.
The staff also said that if the same sports shoes could not be found on Adidas's official website, the shoes that consumers bought might not be genuine.
Think of vip.com customer service personnel mentioned the detection problem, Wuqiang also tried to let the shop help him to issue relevant test proof, but the other side said it could not be issued.
Under such circumstances, vip.com customer service staff still insist that Wuqiang issue relevant test certificates, which makes Wuqiang feel in a dilemma.
Wuqiang told reporters that on the one hand, he really could not accept the plan to return the goods without knowing the true or false of the commodities. On the other hand, if he wanted to further safeguard his rights, he had to face the detection problems raised by vip.com.
Wuqiang said that although theoretically, he could go to the authority to prove it, but he did not know which institution to find at the moment. Even if he could find it, it would obviously take a lot of time and money to do so.
"In product quality disputes, product quality identification is a very important way of proof. Although it does take time and cost, it is necessary to maintain the right."
Xiang Hailong, deputy director of the China Electronic Commerce Association policy and Law Committee, said in an interview with reporters.
Zhu Chuanlu, partner of Beijing strategy law firm, told reporters.
Consumer
The problems reflected are universal. An important factor in the difficulty of safeguarding online shopping is the difficulty in proving evidence and the high cost.
Wuqiang introduced that, in view of the current no better solution, many consumers within the rights group have to choose to give up rights protection and return products.
The three parties insist on each other.
For the problems reflected in Wuqiang, the reporter contacted vip.com public relations.
Its responsible person said, in the early communication with Wuqiang, the company customer service has also offered to solve the problem, so that users can even return more than no reason to return the period, but users do not accept it. Later customer service also provided a gift card to the user to condolence.
The reporter referred to vip.com's reply to Wuqiang.
Wuqiang said that the gift card after his wife contacted the only product conference, the other party proposed the compensation 80 yuan gift card plan, but the condition is accepts the gift to be unable to return goods, therefore he has not promised.
Vip.com
The person in charge also said that in January 2015, Wuqiang's telegram said that the sneakers had gone through a period of time and had had quality problems and returned the goods. Since the actual shopping time had been over 4 months, the customer service could not deal with the request. In March 2015, the customer called the sports shoes again and said that they had quality problems and returned the goods. Since the actual shopping time had nearly 7 months, the customer service couldn't comply with the request.
As for the above explanation of vip.com, Wuqiang also denied it.
He said that vip.com customer service staff repeatedly called him to urge the return, and he did not ask for a return request, because once returned, it was impossible to prove whether the product was genuine.
In addition, vip.com responsible person also said, according to customer service records, the user purchased the sneakers at the end of August 2014, at the end of September, users questioned the goods and reflected to 12315. The company customer service provided the certificate to the 12315 according to the matter, and 12315 had confirmed that the product was correct after the confirmation was made.
In this regard, the reporter called Guangzhou 12315 to ask, the other side said that for the protection of consumer rights and interests considerations, the progress of rights protection must be consumers themselves can be queried.
The recording sent to reporters by Wuqiang showed that the 12315 customer service staff in Guangzhou first indicated that they had received relevant departments' reply to confirm that the product was licensed by Adidas, and subsequently said that the situation encountered in Wuqiang could be reported to businesses suspected of selling fake and shoddy products.
Why did the Guangzhou 12315 reply to Wuqiang? Why is it inconsistent? What is the truth?
If for
Counterfeit goods
Seller must bear responsibility
Another consumer nicknamed "Xiao Xiao" in the rights group reflects to reporters that she also suspects that he bought a big monkey coat on vip.com website as a genuine product.
She also wants to know, if it is proved that the goods are not genuine, what kind of compensation should they get?
Xiang Hailong told reporters that the two sides of the Internet trade have established the contract of sale and purchase, and the parties to the paction should abide by the relevant provisions of the general principles of the civil law, contract law and other laws.
The Seller shall bear the liability for warranty against defects in the products sold, otherwise, the breach of contract shall be liable for breach of contract.
Zhu Chuanlu, partner of Beijing strategy law firm, also pointed out that in accordance with the forty-fourth provision of the new consumer law, consumers may seek compensation from sellers or service providers if their legitimate rights and interests are damaged by buying goods or receiving services through online trading platforms.
In addition, the fifty-fifth article of the new consumer law also stipulates that if an operator provides goods or services with fraudulent conduct, he shall increase the compensation for his losses according to the requirements of consumers. The amount of compensation is increased three times the cost of goods purchased by consumers or the cost of receiving services, and the amount of additional compensation is less than 500 yuan for 500 yuan.
Where there are other provisions of the law, such provisions shall be followed.
Zhu Chuanlu said, according to the above provisions, if consumers reflect the problem is true, businesses are suspected to constitute fake products posing as genuine fraud, in the case of damage to the legitimate rights and interests of consumers, consumers should be equivalent to three times the price of goods compensation, increase the amount of compensation, if less than 500 yuan, according to 500 yuan to calculate.
Ma Hongmin, an e-commerce lawyer, told reporters that in addition to the above civil liability accident, the relevant businesses may face the administrative responsibilities stipulated in the fifty-sixth new elimination laws, which shall be ordered by the administrative department for Industry and commerce or other relevant administrative departments to make corrections. They may, according to the circumstances of the plot or the joint warning, confiscate the illegal gains, impose a fine of more than one time or more than ten times the illegal gains; if there is no illegal gains, they shall be fined not more than 500 thousand yuan; if the circumstances are serious, they shall be ordered to suspend business for rectification and revoke their business licenses.
In Zhu Chuanlu's view, the problem of commodity quality has seriously damaged the confidence of consumers, and has become a stumbling block for the healthy development of the electricity supplier. To solve the problem of commodity quality, besides the need for businessmen to establish their own good faith management concept, it is necessary for relevant departments to supervise and standardize them.
Reporters also asked the Chinese consumers' Association on the above issues, but as of press release, the other side did not respond.
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