After buying a counterfeit and shoddy product, you can generally only ask the merchant to compensate for the purchase price of the product. However, the compensation will be three times the price of the product. If the counterfeit and shoddy product does not cause any harm to the consumer, For other property losses, consumers cannot ask the merchant to compensate for unreasonable medical expenses, lost wages and other civil compensation.
1. What kind of compensation can be claimed for buying fake and shoddy goods? If consumers buy fake and shoddy products in a shopping mall, they have the right to ask the shopping mall to increase compensation for their losses. Consumers whose legitimate rights and interests are harmed when purchasing or using goods may demand compensation from the seller. After the seller makes compensation, if it is the responsibility of the producer or other sellers who provided the goods to the seller, the seller has the right to recover compensation from the producer or other sellers. If consumers or other victims suffer personal or property damage due to product defects, they may demand compensation from the seller or the producer. If it is the responsibility of the producer, the seller has the right to recover compensation from the producer after making compensation. If it is the responsibility of the seller, the producer has the right to recover compensation from the seller after making compensation. In addition, punitive damages can also be requested. The legal basis for consumers to claim punitive damages for the production or sale of counterfeit and shoddy products mainly includes the Consumer Rights Protection Law, Food Safety Law and Tort Liability Law. For consumer disputes involving fraudulent behavior, the Consumer Rights Protection Law gives consumers the right to claim double compensation. The Food Safety Law gives consumers the right to claim ten times compensation for food produced or sold that does not meet food safety standards.
2. What are the penalties for counterfeit and shoddy goods? Article 140 of my country’s Criminal Law stipulates that anyone who commits the crime of producing and selling fake and shoddy products, with a sales amount of more than 50,000 yuan but less than 200,000 yuan, shall be sentenced to 2 years in prison. 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 2 years but not more than 7 years, and shall also be fined not less than 50 but not more than twice the sales amount. A fine of not less than 500,000 yuan but not more than 2 million yuan shall be imposed; if the sales amount is more than 500,000 yuan but not more than 2 million yuan, he shall be sentenced to fixed-term imprisonment of not less than 7 years, and a fine of not less than 50 but not more than 2 times the sales amount; if the sales amount is more than 2 million yuan, he shall be sentenced to 15 years' fixed-term imprisonment or life imprisonment. In addition, a fine of not less than 50 but not more than 2 times the sales amount or property confiscation may be imposed.
3. How do consumers protect their rights? 1. Understand the "Consumer Rights and Interests Protection Law of the People's Republic of China". Only by understanding the various laws and regulations on consumer rights protection in the Consumer Rights Protection Law can we better exercise our rights and fulfill our obligations. 2. Understand the attributes of the product before purchasing. Regarding product types and specifications. You should know as much as possible about the performance, raw materials, structure, certification, date of manufacture, consumption period, instructions for use, after-sales service and other information about the product itself, as well as the information about the product producer and operator such as the trademark, manufacturer, place of production, distributors, etc. 3. Save the purchase receipt. After purchasing, you should ask the seller to issue invoices, receipts or other written supporting materials as much as possible so that you can effectively make a claim in the event of infringement. 4. Automatically negotiate with merchants. When you find that the purchased product does not meet your needs, negotiate and communicate with the merchant immediately, point out that your purchasing purpose is not consistent with the product, and apply for a replacement or return. Because different counterfeit and shoddy goods have different impacts on consumers. Sometimes, these fake and shoddy goods purchased by consumers may directly harm their personal safety during use. In this way, consumers can Merchants are required to compensate for medical expenses and other property losses, so this issue requires consumers to analyze it themselves.