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How to compensate if Kuaishou’s physical product is different from the live broadcast?

1. What to do if the goods purchased in the live broadcast room are inconsistent with the actual goods displayed. You can request a return or exchange. Article 44 of the "Consumer Rights and Interests Protection Law" stipulates: "Consumers who purchase goods or receive services through an online trading platform and their legitimate rights and interests are harmed may demand compensation from the seller or service provider. Online trading platform providers cannot If the real name, address and valid contact information of the seller or service provider are provided, consumers may also request compensation from the online trading platform provider; if the online trading platform provider makes a promise that is more beneficial to consumers, the online trading platform provider shall fulfill its promise. After the transaction platform provider makes compensation, it has the right to seek compensation from the seller or service provider. If the online transaction platform provider knew or should have known that the seller or service provider was using its platform to infringe on the legitimate rights and interests of consumers, but failed to take necessary measures, it would be liable to the seller in accordance with the law. The operator or service provider shall be jointly and severally liable. ”

2. How to deal with defective products purchased online If an operator engages in fraud in providing goods or services, it shall increase the compensation for the losses suffered by the consumer according to the requirements of the consumer. The amount of additional compensation shall be three times the price of the goods purchased by the consumer or the cost of receiving services; if the amount of increased compensation is less than 500 yuan, it shall be 500 yuan. If the law provides otherwise, such provisions shall prevail. Judging whether an operator's behavior constitutes fraud is mainly based on the following three aspects: 1. Judgment based on the means used by the operator when providing goods or services. Generally speaking, the following behaviors of operators are classified as defrauding consumers: (1) Selling adulterated, adulterated, fake or substandard goods; (2) Using false or other unfair means to reduce the quality of the goods sold. Insufficient; (3) Selling "disposed goods", "defective goods", "defective goods" and other goods and falsely claiming to be genuine goods; (4) Using false "clearance price", "fire sale price", "lowest price" Selling goods with "price", "preferential price" or other deceptive prices; (5) Selling goods with false product descriptions, product standards, physical samples, etc.; (6) Not selling goods under one's true name and mark (7) Using methods such as hiring others to conduct deceptive sales inducements; (8) Making false on-site demonstrations and explanations; (9) Using radio, television, movies, newspapers and other mass media to falsely advertise products (10) Defrauding consumers of advance payments; (11) Using mail-order sales to defraud prices without providing goods or not providing goods in accordance with agreed conditions; (12) Using false "prize sales", "principal repayment sales", etc. Selling goods in other ways; (13) Using other false or improper means to defraud consumers. 2. Judge based on whether the operator’s behavior misleads consumers. To judge whether an operator's behavior misleads consumers, general standards should be adopted, that is, based on the cognitive level and identification ability of ordinary consumers. If the behavior is enough to cause misunderstanding among ordinary consumers, it constitutes fraud. If the behavior is not enough to cause general consumers to misunderstand, individual consumers may not claim that fraud has been established by proving that they have indeed misunderstood. Fraudulent behavior by operators will generally cause damage to the legitimate rights and interests of consumers. This kind of damage does not mean that there is actual loss or damage. As long as the operator's behavior is sufficient to mislead consumers by its nature, it can be deemed as fraud. 3. Judge from the subjective aspects of the operator’s behavior. Our country's laws do not clearly stipulate that the subjective element that constitutes fraud is intentionality, but from a literal understanding, there should be no doubt that fraud is an act of concealing the truth and misleading consumers into being deceived. Therefore, it is not necessary for operators to have subjective intentionality. , but the word "fraud" itself contains or reveals the operator's intentional psychology.

Therefore, under the following circumstances, operators who “cannot prove that they are not deceiving or misleading consumers and commit such acts shall bear legal liability for defrauding consumers”: (1) Selling expired or spoiled goods; (2) ) Selling goods that infringe the registered trademark rights of others; (3) Selling goods that forge the origin, forge or falsely use other people’s business names or names; (4) Selling goods that forge or falsely use the name, packaging, or decoration of other people’s goods ; (5) Selling goods with counterfeit or fraudulent use of certification marks, famous quality marks and other quality marks. If the operator can prove it, it is not a fraud; if he cannot prove it, it constitutes fraud. What should I do if the goods purchased in the live broadcast room are inconsistent with the actual goods displayed? If the goods purchased during live broadcast shopping are very different from the actual goods they see, and consumers cannot accept them, they can also choose to return them. If a merchant refuses to return goods or does not support returns, what should consumers do? They should consult online and ask professional legal professionals.