Merchants Submitted An Open Letter Calling For Apology From The Badminton Association

According to the world clothing and shoe net, last week, China feather and down Industry Association (hereinafter referred to as "China's down industry association")

"The results of the quality inspection of double 11 Internet down products" published in 2016 were described as the latest progress in the "hidden rules" incident. The two businesses that had been sampled were sent an open letter to the China Badminton Association today, accusing the Badminton Association of "three crimes" - Sampling and checking non member units, unfair and impartial inspection procedures, and suspected unfair inspection of the non member enterprises in the name of sampling inspection, demanding immediate stop of infringement and making public written apologies.

The picture shows an open letter produced by the Hangzhou down business enterprise with anonymous complaints and its contents.

In December 11th, the China Badminton Association held a news conference to announce its double 11 pairs this year.

,

And Taobao three platforms for the quality inspection results of feather and down products, claiming that it has 102 down garments and 102 duvet, a total of 204 samples, the serious unqualified rate down clothing is 12.7%, the down quilt is 43.1%.

However, as the result, some businessmen expressed "the pot we do not back", questioned the existence of the "hidden rules" in the association, pointing out that the list of all the problem goods from non member units, and the "2016 feather products credit guarantee sign" issued by the association of members are all qualified.

A few days ago, Wuhu Chen Li Agel Ecommerce Ltd and a Hangzhou company, which did not want to be named by the media, sent an open letter to the industry to say "no" to the "hidden rules".

The company, which does not want to be named, has no choice but to say that the China Badminton Association has joined the international feather and down association and other organizations on behalf of China. It is able to set up the certification of "non live poultry products" and "non avian influenza epidemic area products". However, the domestic down products need to be exported to many other countries. These two proofs are needed. So this time we can only swallow it up and send a letter to the China Badminton Association in private. We dare not directly target each other in the media, so as not to be retaliated.

The picture shows the open letter produced by Wuhu Chen Li Agel Ecommerce Ltd and its contents.

The open letter is mainly focused on three aspects, including illegal sampling and non member units, unfair and impartial sampling procedures, and unfair competition for non member enterprises.

First of all, it questioned the authority of sampling inspection. It pointed out that the association was not an administrative law enforcement department, but a social organization. "Without any proof that the administrative agency has been entrusted and authorized, and is in conformity with the articles of association, it does not have any power to conduct sampling inspection of the quality of commercial products in the field of production and circulation", pointing out that the act is an illegal act of abusing the power of trade associations.

In addition, the article also protested the unfair and impartial conclusion of the sampling procedure, and pointed out that the Central Asian Association of China had arbitrarily checked the company's products without confirmation.

Up to now, China Badminton Association has never publicized any process information of the sampling inspection. Before the announcement of the results, it did not inform in any form, give any opportunity for the company to defend and reinspect, but directly identify its products unqualified. "This behavior is seriously against the basic principles of fairness and justice".

The two open letters condemn the association's allegations of unfair competition against non member enterprises in the name of spot checks. According to the fifteenth provision of the People's Republic of China Tort Liability Act, they request that they stop the infringement immediately, delete the articles of alleged infringement, and make written apologies.

The head of a famous clothing brand Tmall flagship store told reporters that unlike the sampling inspection of the industrial and commercial departments and quality inspection departments, "the sampling inspection of the China Badminton Association is all closed door operation". The sampling inspection for non member products is a semi open secret in the industry.

This kind of "good guys" guarantees the member units, the one hand wields the inspection big stick to the non member unit to paste the question label's behavior, is inevitably doubtful this sampling inspection impartiality.

Meanwhile, Alibaba responded on the second day of a press conference held by the China Badminton Association, and made it clear that before it could be determined that it was a fair sampling inspection, it would not buy goods from the shelves, and said that "fairness is the lifeblood of a market and even a country's economic development."

{page_break}

Enclosed is the text of the open letter:

China down industry association and MS. Yao Xiaoman:

In December 11, 2016, your Association published a paper entitled "improving the quality of online down products" and "checking the quality of Taobao down products for four consecutive times". The article has disclosed the names of our company. The contents of this article are false and misleading, which has seriously damaged our goodwill. The facts and basis are as follows:

First, the non administrative law enforcement department of the China feather and down industry association has no right to inspect the commodities of our company and make a false judgement.

As we all know, sampling inspection is a supervision and inspection system implemented by the state to ensure product quality. According to the fifteenth Article 1 of the PRC quality control law, the supervision and inspection work is planned and organized by the product quality supervision department of the State Council.

Local product quality supervision departments at or above the county level may also organize supervision and spot checks within their respective administrative areas.

At the same time, the laws and regulations on the inspection and inspection of commodity quality in the circulation field and the opinions of the SAIC on strengthening and standardizing the quality inspection of network dealers have also made clear that the sampling inspection of commodity quality in the circulation field is responsible for the administration of industry and Commerce and the market supervision and management department.

As a social organization, China's down industry association is not an administrative law enforcement department. It can not prove that it has obtained the entrustment and authorization of the administrative organs. It has no power to carry out the random sampling of commodity quality in the production and circulation field.

In accordance with the regulations on the registration and administration of social organizations, the China feather and down industry association, as a social organization, should abide by the voluntary participation of members and act in an orderly and lawful way in accordance with its activities.

On the one hand, our company is not a member of your association, and has no rights and obligations with your association. Even if the regulations of the association stipulate the contents of self-discipline and inspection of the members of the association, your association has no right to impose the articles of association on non member units. On the other hand, we have consulted your association's public announcement process, and there is no commodity inspection and inspection activities at all.

Therefore, the behavior of your association has violated the fifty-fourth provisions and second regulations of the regulations on the registration and administration of social organizations, which exceeded the scope of business stipulated in the articles of association of the association and seriously violated the laws and regulations of the state.

Two, the sampling inspection procedure of China feather and down industry association is illegal, and the results of sampling inspection are untrue, which seriously infringes our goodwill.

Our company has the legal qualifications for down production and sales, and the quality of the down products is good. It is also well received by the consumers. Your association has randomly inspecting our products without the confirmation of our company, and has not publicly disclosed any information about the sampling behavior until now. Before the announcement, we did not notify our company in any form, giving us any opportunity to redress and reexamine, and directly identify the unqualified products of our company, which is a serious violation of the basic principles of fairness and justice.

At the same time, according to the national GB/T2828 sampling inspection standards and the relevant sampling inspection methods in the circulation field, there are strict requirements and norms in the process and result identification of sampling activities, so as to ensure the impartiality of sampling behavior and the scientificity of the results.

When your association did not provide evidence to prove that this sampling is fair, fair and effective, we believe that there is a major flaw in the sampling procedure and the fact finding. The inspection behavior of your association has seriously infringed our goodwill and caused undesirable social reactions.

Three, the Chinese down industry association suspected of using the name of sampling to suppress non member enterprises is unfair competition.

Judging from the sampling and issuing of your association, it has gone far beyond your association's activities charter. The number of sampling enterprises is far less than that of non member enterprises. The intention is obvious. This behavior has been suspected of unfair competition. In the name of industry management, it designs a sampling method that is beneficial to the member enterprises, highlights the product quality problems of our non member units, and then leads the public to mislead, so that the reputation of our non member enterprises is seriously damaged and suspected of unfair competition.

At the same time, your company has publicized the qualification of the products that have been attached to the "credit guarantee logo of down products" in the published materials, and the "credit guarantee logo for down products" is also made by your association. Our company believes that it obviously exists the product of popularizing the "feather product credit guarantee logo" of member enterprises, or forcing non member enterprises to join the association and buying the logo. This behavior also violates the laws and policies of the "registration and management regulations of social organizations", "the opinions of the Ministry of civil affairs, the Central Committee, the national development and Reform Commission on promoting the integrity and self-discipline of trade associations".

In summary, your association's sampling and issuing behavior has seriously violated national laws and regulations and related policies. It also seriously infringes our goodwill. According to the fifteenth provision of the tort liability act of the People's Republic of China, we request your association to stop infringement immediately, delete the articles which are suspected of infringement, and make a written apology on the front page of your association website and the public media.

If your association continues to infringing upon receipt of this letter, or fails to perform the honorary liability of our company, we will retain the right to sue and report.

More interesting reports, please pay attention to the world clothing shoes and hats net.