Online Shopping Fake Rights Protection Difficult? How To Prove The Rights?

According to the world clothing shoes and hats net, in recent years, traditional festivals, western festivals, or "double 11, double 12" and other artificial festivals have become the selling points of Internet business speculation, and become "Carnival" of those young netizens who never leave home to buy and buy.

According to China

According to the research center, online shopping pactions in 2017 were about 253 billion 970 million yuan during the "double 11" period.

More overseas media said that China's electricity supplier will have a profound impact on the business world and the global community.

In praise at home and abroad,

Behind the "new normal", some problems are gradually exposed.

The growth of the volume of pactions has brought about the prosperity and development of the express industry. However, the number of express UPS has increased, excessive packaging and the pollution and harm caused by illegal packaging have attracted more and more attention. Online shopping platforms also have fake products, counterfeit goods and defective products, which are followed by some consumers' difficulties in safeguarding their rights.

The network is not the place of law, online shopping can not lose supervision, the reporter recently concentrated on the investigation of the many problems brought by online shopping.

The end of the year, again to the peak of online shopping season.

While enjoying the huge convenience of online shopping, there are also consumers' confusion: is online shop "authentic product" acting on the market? If you suspect buying fake products, how can you prove the rights?

Winter snowshoe consumption is booming in the north.

Last month, reporters purchased the same UGG from Tmall flagship store and Taobao "gold medal global certification merchant" shop.

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Upon arrival, it was found that there was a significant difference between Taobao's snow boots and Tmall flagship stores.

UGG brand rights holders' identification results showed that Taobao's snow boots were counterfeit products.

Taobao sellers insisted that the snow boots were purchased from the United States, but refused to provide certificates such as shopping tickets and customs declarations.

Reporters repeatedly reported to the Taobao and Ali platforms in the form of ordinary consumers, but got the original reply from the other party as "from the information level temporarily failed to verify the sale of information."

A 6 year old shop certified by Taobao gold medal, how can the platform monitor and supervise the merchandise sold? How can the consumer complain about the sale? Can the platform be verified from the information level? Reporters continue to ask questions and complain about the above questions, and report to Hangzhou "12315".

Subsequently, after further verification of Taobao stores, the rights protection was characterized as "sellers selling counterfeit goods and implementing only refund."

Taobao's "UGG" snow boots are sold as fake products by the brand rights holders.

The seller insisted that the boots were purchased from the United States, but refused to provide shopping tickets and customs declarations.

In the afternoon of December 12, 2017, with the help of the "double 12" promotion, the reporter searched a UGG snow boots in Taobao. The result showed that there were more than 100 online stores selling the product, such as "Niu Mei North American purchasing", "maverick overseas purchasing", "UGG boutique shop" and "UGG tax exemption".

From the price point of view, a lot of snow boots with marked "genuine purchase" are obviously different from the official price.

UGG the price of a snow boots at Tmall flagship store is 1579 yuan, the official website of China sells for 1580 yuan, and the official website of the United States sells for 150 yuan (equivalent to RMB 981 yuan), and the purchasing price of Taobao online store is around 700 yuan.

Among them, a shop called "MISS EIA global shopping", the "double 12" promotion price is 740 yuan, 675 yuan after using coupons and red packets.

"MISS EIA global purchase" is a 6 year old shop and won the Taobao "gold medal global certification merchant" title.

According to Taobao annotation, the gold medal seller stands out from Taobao's millions of sellers, which can represent consumers' trust and comfort in shopping.

Before the reporter placed the order, the customer service of "MISS EIA global purchase" repeatedly guaranteed that the UGG snow boots were "genuine counters" and "support inspection".

Reporters also bought the same snow boots at the UGG Tmall flagship store.

After the arrival of the merchandise in December 18th, the reporter found that Taobao had a significant difference between the purchase of snow boots and the purchase of flagship stores. The bow of the shoes was different, and the label inside the shoes and the label of the shoe box were defective.

The reporter contacted the UGG brand side, and the Deckers Outdoor Corporation brand rights holder Deckers Outdoor Corporation identified Taobao's snow boots as counterfeit products.

At the same time, UGG brand side said: the US brand UGG has not authorized any agent distributor to sell products across the border to mainland China.

The official authorized channels for buying products from the Internet are only UGG China's official website, Tmall and Jingdong UGG flagship store.

For any products purchased from unauthorized channels, our company can not guarantee the authenticity of its products, nor can consumers directly enjoy the after-sales service provided by our company.

Reporters learned at many shopping malls in Beijing that most brand counters do not provide identification services for consumers online shopping products.

When the reporter contacted the "MISS EIA global purchase" customer service on 21 th, he informed the above difference that he suspected that it was a fake and hoped that the seller could provide the certificate for the purchase of the United States counter and the customs import declaration certificate.

Customer service reply said, "shoes are purchased from Losangeles, the United States is brought back by human flesh, small ticket is not pass, there is no customs certificate."

In order to get close to the real experience of ordinary consumers, reporters did not tell the other party that they had obtained the UGG brand rights Deckers Outdoor Corporation's appraisal.

Without any shopping and customs declarations, how can it be certified as authentic? Customer service responds to the fact that "selling is genuine, not fake," and "can only see the quality of leather shoes" to prove whether it is a genuine product.

When asked if it is a fake, will it give compensation, the merchant said, "no such service".

In the afternoon, a reporter contacted Taobao customer service as a consumer. He said he suspected that he had bought a fake, and that he could not provide a certified product.

Taobao Xiaomi customer service replied, you can apply for "only refund", after the refund of shoes processed by the buyer; if the seller refused, you can apply for Taobao customer service intervention.

In addition, complaints can also be sent to the reporting center.

The reporter applied for the "refund only" after sale service, and wrote a note in the description box: the seller can not provide the counter purchase certificate and customs declaration certificate.

This store is a gold medal global certification merchant.

It is hoped that Taobao will investigate the source of the goods sold in the store, refund the money and make compensation according to the sale of fake goods.

However, merchants rejected the application on the grounds that goods could be refunded only after they were returned.

Ali customer service initial reply: from the information level temporarily failed to verify the sale of information.

Reporter asked: Taobao how to regulate the certification of the "gold medal" business?

Reporters in December 22nd morning in Ali, "the whole network reporting center" launched a report: "shoes and genuine counters are not the same.

The shoes are missing, and the bow and post of the shoes are not the same. There are blemishes in the shoe labels and shoe box labels.

The seller also admitted that there were flaws.

Seller can not provide counter purchase certificate and customs declaration certificate (with chat record).

This store is a gold medal global certification merchant.

It is hoped that Taobao will investigate the origin of the goods sold in the store, refund and make compensation according to the sale of fake goods.

In the afternoon, the report accepted the result: "from the information level temporarily failed to verify the sale of information."

Customer service indicated that the processing department did not verify the relevant fake situation through the information submitted by the buyers, and suggested that "if there are other substantive vouchers (the commodity identification report, the Seller acknowledges the fake chatting records, the true and false comparison), it can initiate the report again."

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At the same time, you get the reply email from Taobao: after verification, you have insufficient evidence of the report, or have been changed in time, so the report is not valid.

"Why can't sellers provide proof of genuine credentials," and "shoes and counters contrast photos"? Why is it not convincing? This store is Taobao certified global Golding merchant. Has Taobao ever specifically inspected the merchant's products? Has it verified the source of purchase and brand authorization? For the above questions, Ali Vientiane customer service reply that night, and needs to pfer more professional customer service to help.

Professional customer service will further verify the seller's situation.

According to Taobao page information, "MISS EIA global purchase" has been evaluated by 148 buyers in the latest month, which means that 148 pactions have occurred.

The top five snowshoe sales of its store sales total sold 614 pairs.

In the process of waiting for the complaint, the reporter found that the "MISS EIA global purchase" shop has been unable to open on the afternoon of 25. Click on the link before the product prompts that "the baby you are looking at does not exist, it may have been off shelves or pferred."

Search shop name shows "no corresponding store information".

Taobao Xiaomi customer service reply 25, said, "the seller account shows normal, may be the seller will shop all the goods off the shelf, the buyer can continue to deal with after sale", said it will speed up the handling of this complaint.

Ali Vientiane customer service 26 days gave different explanations: the shop's goods were reported to have fakes, Taobao is checking the shops, Taobao has supervised the store, and the shops under supervision failed to search.

The regulatory time is expected to continue until January 24, 2018.

Supervision is not allowed to search, so as not to cause disputes to other customers.

Taobao reviews the products again under the intervention of industry and commerce.

Confirm seller's holiday and give priority refund.

On the morning of December 26th, the reporter called the "12315" consumer complaint telephone in Hangzhou, saying that the goods purchased in Taobao shop "MISS EIA global purchase" were not in conformity with the genuine products, and merchants could not provide counter purchase certificates.

The customer service staff accepted the complaint and indicated that Taobao would be required to give a reply within 10 working days.

On the evening of December 28th, the reporter received a reply from Taobao customer service, and Taobao received a complaint from "12315". Taobao believes that the reported shop does have a certain risk of selling, and is reviewing the goods again, and decides to give priority to supporting the refund.

Subsequently, the reporter received the verdict of Taobao, "safeguarding rights is classified as sellers selling counterfeit goods".

It is difficult to prove the burden of online shopping.

Counsel recommends that the electronic commerce act clarify the responsibility of the electronic business platform for "advance compensation".

According to the annual report on China's anti infringement and counterfeiting 2017, in 2016, SAIC launched a special action to supervise internet market, crack down on Internet trademark infringement, sell counterfeit and shoddy products, and so on, and check the website shop 191.8 times, ordered 19 thousand and 500 rectification websites, 13 thousand and 400 cases investigated and dealt with.

The Intellectual Property Department of Zhejiang has set up the only national patent law enforcement coordination and dispatching center in the field of electronic commerce, which has handled 88 thousand cases of patent infringement cases on the electric power platform, and has broken, deleted, and closed 55 thousand infringement links.

The Alibaba annual report on intellectual property rights protection published in 2017 shows that in 2017, 97% of the suspected infringement links that Ali had voluntarily deleted were killed online; 95%'s intellectual property infringement complaints were dealt with in 24 hours; in the case of more smooth channels of complaints, intellectual property infringement complaints dropped by 42%; 240 thousand Taobao suspected infringing shops were closed; clues to the judiciary were provided to assist in arresting 1606 people involved in the case and destroying 1328 sites.

All sides have been acting against online selling.

But consumers are still struggling to protect their rights.

"It is difficult for consumers to safeguard their rights."

Cui Honghai, manager of the network Department of Shanghai Xin Zheng Xin intellectual property service company, told reporters that the most effective way of providing evidence is the identification report issued by the brand side.

However, in practice, very few brands are willing to provide authenticity identification for consumers, because brands can not determine the use of the results, and they are too busy to identify each consumer.

According to the reply of Vientiane customer service, there are three effective ways for consumers to complain and report fake goods: one is the seller himself acknowledges the sale of goods, the other two is the identification of the counterfeit goods by the brand side, and the three is the appraisal of the industrial and commercial state organs.

"Most of the third party accreditation agencies only accept the accreditation of law enforcement agencies, generally do not provide consumers with identification.

Even though some third party organizations can identify the consumers, from a legal point of view, the appraisal issued by them can only serve as a reference.

Cui Honghai explained that in judicial practice, if the right person can not find the right person to issue an appraisal, the judicial organ will entrust the third party organization to identify it.

The report issued by the third party is not a true or false identification report, but a "inconsistent" explanation, which means that the entrusted product is inconsistent with the original sample.

Qiu Baochang, lawyer of Huijia law firm in Beijing, said, "who advocates and who gives evidence" is a provision of civil procedure law against the parties' evidence. The original article is "sixty-fourth articles of the civil procedure law": "the parties have the responsibility to provide evidence for their claims."

First, consumers should prove that they have business relationship with the seller and provide purchase records.

Then we should provide preliminary evidence of seller's selling, such as discrepancy in specifications.

Qiu Baochang believes that the source of goods, whether there are certificates, customs declarations, and so on, all belong to consumers' right to know, and do not need to provide evidence. If sellers can not provide them, they will infringe on consumers' right to know.

In such a case, court proceedings are generally bad for sellers if they follow suit.

But the litigation time is long and the cost is high, which is not conducive to consumers' rights protection.

Qiu Baochang suggested that the electricity supplier platform should bear the responsibility of "advance compensation".

At present, China's first comprehensive electronic commerce law in the field of Electronic Commerce (Draft) is being reviewed by the public in two.

The platform is the middle part of "connecting the preceding and the following" in the e-commerce business activities. The two chapter of the second chapter is specifically designed for the operators of e-commerce platform, which has increased the responsibility of the platform compared with the one review.

The fifty-first provision of the electronic commerce law (two reviewers) stipulates that consumers require the operators of e-commerce platform to undertake the liability for compensation in advance, and the relevant provisions of the law on the protection of consumers' rights and interests shall apply.

Lawyer of Beijing Chaoyang law firm Hu Gang suggested that in the electronic commerce law, the platform operator who has the market dominant position should undertake the responsibility of first compensation.

He emphasizes "direct commitment" rather than "can not provide the real name and address of the operator in the platform".

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