What should you do if you find someone selling fake wine?

What should you do if you find someone selling fake wine? Counterfeit goods are rampant in the market. In order to make shady money, some businessmen are resorting to increasingly high levels of counterfeiting. In order to deceive consumers, they use all kinds of tricks. Everyone must look carefully when buying wine. If you accidentally buy fake wine , how should we deal with it? What should you do if you find someone selling fake wine? Come and take a look. What to do if you find someone selling fake wine 1

1. First of all, you must calm down. The facts have been achieved. The first step is to think about what to do next. Civilized people do civilized things, protect their rights in accordance with the law, and do not make a fuss. Making trouble is counterproductive.

2. Contact the manufacturer, and after it is finally determined that the wine is fake, search for evidence of purchase, and make backup copies of the purchased wine, purchase receipts, invoices or receipts;

3. Complain to the Food and Drug Administration where you purchased the wine (complaint hotline 12331), or complain to the industrial and commercial bureau of the administrative agency and the consumer association of social groups (joint law enforcement, the complaint hotline is 12315). When the counterfeit wine you purchased is ultimately confirmed to be a counterfeit product purchased from a merchant, the Industrial and Commercial Bureau will order the merchant to pay a fine and complete the return and refund. The Industrial and Commercial Bureau will also require the merchant to compensate you at approximately three times the purchase price.

4. If you have caused damage to your health due to drinking fake wine, you can also ask for compensation from the other party through the consumer association. If negotiation fails, you can file a lawsuit in court in accordance with the law.

5. According to the Consumer Rights Protection Law, food fraud shall be compensated within three times the scope of regulations; only counterfeit and shoddy food that is serious and causes harm to human health shall be compensated. You may apply to the court for 10 times the compensation. Even if the merchant declares that if the product is false, it will be fined 10 times, which will have no legal effect.

6. When purchasing domestically produced wine, you need to ask the merchant for a commodity business license, food safety certificate, and alcohol circulation slip.

7. When purchasing imported wine, you can ask the merchant for the customs declaration form, inspection and quarantine certificate, food safety certificate, etc.

8. Be sure to keep your eyes peeled when purchasing products, and do not buy products with three no’s! The method I just mentioned is not only applicable to counterfeit wine, but also to counterfeit medicine, food, etc.

What to do if someone is found to be selling counterfeit wine 2

What to do if the industrial and commercial administration finds out that counterfeit wine is being sold

According to the relevant laws of our country, the industrial and commercial administration department finds out that Those who sell counterfeit wine shall be punished according to the circumstances of the sale of counterfeit wine. If it does not constitute a crime, they shall be punished according to the provisions of the Trademark Law. If it constitutes a crime, they shall be held criminally responsible for the crime of selling goods with counterfeit registered trademarks.

Relevant legal provisions

"Criminal Law of the People's Republic of China"

Article 214 Sales of Counterfeit Products Whoever knowingly sells goods with registered trademarks that are counterfeiting registered trademarks and the sales amount is relatively large shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and may also or solely be fined; if the sales amount is huge, he shall be sentenced to not less than three years and seven years. The following shall be punishable by fixed-term imprisonment and a fine.

"Trademark Law of the People's Republic of China"

Article 60 includes the exclusive rights to infringe registered trademarks listed in Article 57 of this Law. If a dispute arises due to one of the copyright acts, the parties shall resolve it through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the trademark registrant or interested party may bring a lawsuit to the People's Court or request the industrial and commercial administrative department to handle it.

If the industrial and commercial administrative department determines that the infringement is established, it shall order it to immediately stop the infringement, confiscate and destroy the infringing goods and tools mainly used to manufacture infringing goods and counterfeit registered trademarks. The illegal business volume shall be five If the amount exceeds 10,000 yuan, a fine of not more than five times the illegal business amount may be imposed. If there is no illegal business amount or the illegal business amount is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed.

Anyone who commits more than two trademark infringements within five years or has other serious circumstances shall be severely punished. If you sell goods that are not known to infringe the exclusive rights of a registered trademark, and you can prove that you legally obtained the goods and explain the supplier, the industrial and commercial administration department will order you to stop selling them.

For disputes over the amount of compensation for infringement of the exclusive right to use a trademark, the parties may request mediation by the industrial and commercial administrative department handling the matter, or they may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China. If the parties fail to reach an agreement after mediation by the administrative department for industry and commerce or fail to perform the mediation agreement after it takes effect, the parties may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China.

The above knowledge is my answer to relevant legal issues. If the industrial and commercial administration department finds out that counterfeit wine is being sold, it will be punished according to the circumstances of selling counterfeit wine. If it does not constitute a crime, it will be punished according to the trademark law. Penalties are stipulated, and if a crime is constituted, criminal liability will be investigated for the crime of selling goods with counterfeit registered trademarks. If you need legal help, what should you do if you find someone selling fake wine 3

If you find fake wine, you can only complain. Calling the police has no effect. Those who complain can choose to communicate with the store first. If there is no effect, they can call the industrial and commercial office. The phone number of the bureau is usually useful, and you will be compensated when the time comes.

Complaint methods

When consumers have quality problems with the goods they purchase or are dissatisfied with the services they receive, if they fail to negotiate a settlement with the store, they can complain to the consumer association, or they can complain without consulting the store. Negotiate and complain directly to the Consumers Association.

Complaints are first of all a matter of time. The valid time for complaints or appeals to consumer associations and administrative agencies has been specifically stipulated by laws and regulations, that is, within 2 years after the dispute occurs. However, after consumers have a dispute with a store, they should promptly file a complaint with the consumer association and do not delay it for too long, because evidence may be lost over time. In addition, for some products that are not suitable for storage, it is difficult to identify quality problems after a long time. Especially for products subject to the "Three Guarantees", once the "Three Guarantees" period expires, it will become more difficult to resolve disputes. Therefore, once a consumer dispute occurs, consumers should promptly complain to the consumer association.

Complaints to consumer associations can be made in written or oral form. When consumers are busy with work and study and have no time to go to the Consumer Association to lodge a complaint, they can submit a written complaint and have it delivered by mail. First, write down the shopping time, store, and store address. It would be better if you could include your zip code and phone number.

Also indicate the name, brand, model, manufacturer, production date or expiry date of the product. Then detail the time and process of the quality problem or the specific manifestations of unsatisfactory service, then explain the reasons for believing that there are quality problems or service problems, and put forward specific requirements and explain whether there are "three guarantees".

Finally, write your name, address, zip code, contact number, etc. The most important thing is to attach the shopping invoice (copy) and other vouchers with the letter. If the product has special circumstances, it should also be stated, such as seasonal price reduction, clearance processing, processed products, substandard products, trial sales products, etc. For reference by Consumers Association colleagues who handle complaints.

Complaints about the quality of some products involve letting the Consumers Association witness the quality problems of the products, so consumers must go to the location of the Consumers Association to complain. Bring invoices and other vouchers, physical objects, etc. when making a complaint.

Then verbally describe the causes and consequences of the dispute, which can be roughly followed the procedures for written complaints. Questions raised by comrades received by the Consumer Council must be answered realistically. Whether it is a written complaint or an oral complaint, this must be done. Objective, true and comprehensive. Finally, the consumer fills out a complaint form.

The following complaints will not be accepted:

(1) There is no clear respondent;

(2) The operator’s

(3) The operator has truly explained to consumers in advance the existence of defects in the goods;

(4) The parties to the dispute have reached a settlement (mediation) agreement and perform, and there are no new reasons and relevant basis;

(5) The consumer cannot provide any necessary evidence;

(6) Courts, relevant administrative departments, and arbitration institutions Has been accepted and processed;

(7) Laws and regulations clearly stipulate that it should be handled by designated departments;

(8) Other situations that do not fall within the scope of the "Consumer Law".

The above is the answer to your question. If you find fake wine, you can only complain. Calling the police will have no effect. Those who complain can choose to communicate with the store first. If there is no effect, they can call the Industrial and Commercial Bureau. This is generally useful, and you will be compensated when the time comes.

Dial the 12314 hotline to make a report

"12315" is the hotline relied on by the national industrial and commercial administration agencies to accept consumer complaints and reports, mediate disputes over consumer rights and interests, and investigate and deal with consumer infringements It is an important task to supervise and manage the market and administrative law enforcement in relation to economic violations such as investor rights cases and the production and sale of counterfeit and shoddy goods.

After dialing 12315, if you need to make a complaint or report, please answer the questions according to the staff's prompts, truthfully state the facts, reasons and request for complaint, and state your name, address and phone number. number or other contact information and the name, address, and telephone number of the party being complained against.

In addition, there is a fee for dialing 12315. Consumer complaints are under the jurisdiction of the industrial and commercial administration authority where the operator is located. If the business is in a different place, the area code of 12315 is required.