Buying fake wine is blackmail, and drinking is something that many people will do, but the existence rate of fake wine around us is still very high, because fake wine will cause serious impact and harm to our health. Let's look at buying fake wine and pay for it.
Compensation for buying fake wine is extortion, not 1. The compensation agreement was reached by the parties voluntarily, and it does not belong to extortion, but extortion refers to the criminal act of forcibly demanding property through threats, intimidation and other violent means.
What if I buy fake wine?
If you suspect that the wine you bought is fake, you can call the wine manufacturer, and the manufacturer will identify the authenticity.
If it is fake wine, consumers should try to keep relevant evidence, such as the wine they bought at that time, and then report it to the industrial and commercial department, which can conduct on-site investigation.
Precautions for buying alcohol:
(1) When purchasing alcoholic commodities, consumers can ask the operators to read the attached alcoholic circulation list, which should include the sales unit (name, address, registration number and contact information), the name of the purchasing unit, the sales date, the commodities sold (name, specification, place of origin, production batch number or production date, quantity and unit) and so on, and affix the operator's seal.
(2) Try to buy tobacco and alcohol in large supermarkets. When consuming in small and medium-sized supermarkets and non-staple food stores, the key point is to ask the merchants to write the quantity of tobacco and alcohol on the invoice, and then affix the official seal of the merchants on the invoice.
Complaint method
When consumers have quality problems in the goods they buy or are dissatisfied with the services they receive, they can complain to the Consumer Association or directly to the Consumer Association without consultation if negotiation fails.
Complaints are first and foremost a matter of time. Laws and regulations stipulate the effective time for complaints or appeals to consumer associations and administrative organs, that is, within 2 years after disputes occur. However, consumers should complain to the Consumers Association in time after a dispute with the store, and don't delay it for too long, because the evidence may be lost after a long time.
In addition, it is difficult to identify the quality problems of some commodities that are not suitable for long-term storage. Especially once the "three guarantees" period has passed, it will increase the difficulty of resolving disputes. Therefore, in the event of a consumer dispute, consumers should promptly complain to the consumer association.
Complaints to consumer associations can be made in written and oral forms. When consumers are busy with work and study and have no time to complain to consumers' associations, they can make a written complaint and send it by mail. First of all, you should specify the shopping time, store and store address. It would be better if you could write down the postal code and telephone number. At the same time, the name, brand, model, manufacturer, production date or expiration date of the goods shall be indicated.
Then describe the time, process and service dissatisfaction of quality problems in detail, then clarify the reasons for thinking that there are quality problems or service problems, put forward specific requirements and explain whether they belong to the "three guarantees". Finally, write down your name, address, zip code, contact number, etc. The most important thing is to attach the purchase invoice (copy) and other documents with the letter. If the goods have special circumstances, it should also be explained, such as seasonal price reduction, clearance treatment, processed products, defective products, trial products, etc. For the reference of comrades who handle complaints by Consumers Association.
Complaints about the quality of some goods involve letting the Consumers Association witness the quality problems of goods, so consumers must go to the place where the Consumers Association is located to complain. When making a complaint, bring vouchers such as invoices and physical objects. Then describe the cause and effect of the dispute orally, which can be roughly carried out in the order of written complaints. The questions received by the Consumer Council should be answered realistically, and whether it is a written complaint or an oral complaint, it must be objective, true and comprehensive. Finally, the consumer fills in the complaint form.
Compensation for buying fake wine is extortion. 1. What's the penalty if you find selling fake wine?
Those who are investigated for selling fake wine will be punished according to the circumstances of selling fake wine, and if the case constitutes a crime, criminal responsibility will be investigated according to law. If it does not constitute a crime, it shall be ordered to stop selling, confiscate fake wine, impose a fine and revoke its business license.
Article 140 of the Criminal Law of People's Republic of China (PRC) commits the crime of producing and selling fake and inferior products.
Producers and sellers who adulterate their products, pass fake products off as genuine products, and pass unqualified products off as qualified products, with a sales amount of more than 50,000 yuan but less than 200,000 yuan, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention, and shall also, or shall only, be fined not less than 50% but not more than two times the sales amount; If the sales amount is more than 200,000 yuan but less than 500,000 yuan, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years, and shall also be fined not less than 50% but not more than two times the sales amount; If the sales amount is more than 500,000 yuan but less than 2 million yuan, he shall be sentenced to fixed-term imprisonment of more than seven years, and shall also be fined more than 50% but less than two times the sales amount; If the sales amount is more than 2 million yuan, he shall be sentenced to fixed-term imprisonment of 15 years or life imprisonment, and shall also be fined more than 50% but less than 2 times the sales amount or his property shall be confiscated.
Article 50 of People's Republic of China (PRC) Product Quality Law
Doping, adulteration, passing the fake as the real, shoddy, or passing the unqualified products as qualified products, shall be ordered to stop production and sales, the products illegally produced and sold shall be confiscated, and a fine of more than 50% and less than three times the value of the illegally produced and sold products shall be imposed; Illegal income, confiscate the illegal income; If the circumstances are serious, the business license shall be revoked; If a crime is constituted, criminal responsibility shall be investigated according to law.
Second, what should I do if I buy fake cigarettes and fake wine?
When citizens report buying fake and shoddy goods, there are certain procedures for industrial and commercial personnel to deal with them. For example, tobacco and alcohol reported by consumers need to be reported to the local tobacco monopoly bureau. If it is identified as counterfeit cigarettes, the tobacco department has relevant law enforcement teams to deal with the matter. If you suspect that the wine you bought is fake, you can call the wine manufacturer, and the manufacturer will identify the authenticity. If it is fake wine, consumers should try to keep relevant evidence, such as the wine they bought at that time, and then report it to the industrial and commercial department, which can conduct on-site investigation.
(1) Buy fake cigarettes
"123 13" is the telephone number of the tobacco bureau. Consumers who buy fake cigarettes can call to complain and report. If the staff of the Tobacco Bureau can't get to the scene in time during holidays, and there is no dispute between consumers and retailers about who sells cigarettes, they can first seal the cigarettes with envelopes or other articles, and the consumers and retailers will sign the seals and send them to the tobacco quality inspection station for identification after work.
(2) Buy fake wine
When consumers buy alcoholic commodities, they can ask the operators to read the attached alcoholic circulation list, which should include the sales unit (name, address, registration number and contact information), the name of the purchasing unit, the date of sale, the commodities sold (name, specification, place of origin, production batch number or production date, quantity and unit) and so on, and affix the seal of the operators.
If consumers encounter fake and shoddy alcoholic products in the process of consumption, they can call the merchant complaint hotline 123 12 to make a complaint, and the merchant law enforcement officers will assist consumers in protecting their rights.
Buying fake wine requires compensation, which is blackmail. 3. What's the penalty for selling fake wine?
More than 50 thousand yuan
If the circumstances of selling fake wine are serious, it will constitute the crime of selling goods with counterfeit registered trademarks. According to the provisions of the Criminal Law, whoever knowingly sells goods with counterfeit registered trademarks in a large amount shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined. If the sales amount is more than 50,000 yuan, it is a "large amount" as stipulated in these regulations. Therefore, selling fake wine over 50,000 yuan can constitute a crime, and the public security organ should file a case.
Second, how to punish individuals who sell fake wine below 50,000?
The crime of producing and selling fake and inferior commodities refers to the crime of producing and selling fake and inferior commodities for the purpose of making illegal profits, violating the national product quality management regulations, seriously damaging the interests of users and consumers, and endangering the socialist market economic order, which should be punished by criminal law.
Individuals who sell less than 50,000 fake wines shall be punished for selling fake and inferior commodities. The industrial and commercial bureau may order it to stop selling, confiscate the illegally sold products, and impose a fine of not less than 50% but not more than three times the value of the products. If there is illegal income, the illegal income shall be confiscated, and if the circumstances are serious, the business license shall be revoked.
Third, how to report selling fake wine?
Someone selling fake wine can go to the market supervision administration to report it;
Reporting refers to the act that citizens or units exercise their democratic rights according to law and report and accuse violations of discipline, law or crime to judicial organs or other relevant state organs and organizations.