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Chapter 7 Legal Responsibilities of Fujian Province’s Measures for Implementing the “Consumer Rights and Interests Protection Law of the People’s Republic of China”

Article 57 If an operator provides goods under any of the following circumstances, it shall be replaced or returned according to the requirements of the consumer:

(1) Contract agreement or operator commitment Replacement or return;

(2) Products that have been tested or identified as unqualified in accordance with the law;

(3) The state has not made regulations and the operator has not explicitly stated that it will not provide after-sales service. The product has quality problems and the operator refuses to repair it or it still cannot be used normally after two repairs within half a year;

(4) The product has quality problems within the warranty period stipulated by the state, the contract or the operator's commitment , the operator refuses to repair or does not have the ability to repair and does not entrust others to repair.

Reasonable expenses such as transportation fees, transportation fees, and work delay fees paid by consumers for repairs, replacements, and returns shall be borne by the operators.

Article 58 If an operator commits any of the following fraudulent acts in providing goods or services, he shall increase compensation for the losses suffered by the consumer at the request of the consumer. The amount of the increased compensation shall be the amount of the consumer's purchase of the product. Double the price or the fee for receiving the service:

(1) Selling adulterated, adulterated, fake or substandard goods, or substandard goods passing off as qualified goods;< /p>

(2) Selling goods that have been explicitly eliminated by the state or have expired, expired, or deteriorated;

(3) Selling goods that infringe on the registered trademark rights of others;

( 4) Selling goods that forge or falsely use the place of origin, company name and address;

(5) Selling goods that forge or falsely use certification marks, famous and quality marks and other quality marks;

(6) Selling "defective products", "foreign products" and other commodities without explanation or falsely claiming to be genuine;

(7) The commodities sold should be inspected and quarantined but are not inspected and quarantined, Or forging documents on commodity inspection or quarantine results;

(8) Using false or other improper means to cause a shortage in the quantity of goods provided;

(9) Using false or other improper means to Using legitimate means to make the measurement of the services provided false;

(10) Providing goods or services with additional prices, charging fees that are not stated or have no legal basis, or engaging in other price fraud;

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(11) Providing goods or services through false advertisements, descriptions, standards, samples, demonstrations, etc.;

(12) Using counterfeit and substandard goods when providing services, Shoddy goods;

(13) Cut corners on repaired or processed goods, intentionally damage them, secretly replace parts or parts that do not need to be replaced, or lie about the materials used;

< p> (14) Other fraudulent activities.

Except for the behaviors listed in items (2), (3), (4) and (5) of the preceding paragraph, if the operator can prove that he is not at fault.

After operators compensate consumers in accordance with the provisions of paragraph 1 of this article, they shall not be exempted from other responsibilities that they should bear in accordance with laws and regulations.

Article 59: If an operator commits any of the following circumstances, he shall cease the infringement, restore his reputation, eliminate the impact, and apologize; if the circumstances are serious, he shall be given a compensation of more than 5,000 yuan:

(1) Restricting consumers’ personal freedom;

(2) Searching consumers’ bodies or items they carry;

(3) Insulting or fabricating facts to defame them Consumers;

(4) Causing the permanent loss or damage of items with symbolic personal significance to consumers;

(5) Infringing on consumers’ personal privacy;

(6) Other causes of mental harm to consumers.

Article 60: If an operator violates the provisions of these Measures and infringes upon the rights and interests of consumers, and if there are penalty provisions in laws and regulations, such provisions shall prevail. If there are no provisions in laws and regulations, the administrative department for industry and commerce shall order corrections and, depending on the circumstances, impose a warning alone or in combination, confiscate the illegal income, and impose a fine of not less than one time but not more than five times the illegal income; if there is no illegal income, a fine of RMB 10,000 shall be imposed. A fine of less than RMB 10,000 shall be imposed; if a crime is constituted, criminal liability shall be investigated in accordance with the law.

Article 61 If state agency staff members neglect their duties, abuse their power, engage in malpractice for personal gain, or cover up operators who infringe upon the legitimate rights and interests of consumers in the process of protecting the legitimate rights and interests of consumers, their units or superiors shall be prosecuted. The competent authorities shall impose administrative sanctions in accordance with the law; if a crime is constituted, criminal liability shall be pursued in accordance with the law.

If the staff of the Consumer Rights Protection Committee fails to perform their duties or favors or shields operators who infringe upon the legitimate rights and interests of consumers, they shall be dealt with in accordance with the provisions of the preceding paragraph.