How to punish cosmetics stores for selling fake goods? Cosmetics are more and more popular with the public, and buying cosmetics has become a fashion trend. Some cosmetics stores will illegally sell some fake cosmetics and should be punished by law. So how to punish cosmetics stores for selling fake goods?
How to punish cosmetics stores for selling fake goods 1 1? How to punish cosmetics stores for selling fake goods?
1. According to Item 5 of Article 13 of the Regulations on Cosmetic Hygiene Supervision, "Cosmetic business units and individuals shall not sell cosmetics that have exceeded their service life".
2. According to Item 3, Paragraph 1, Article 46 of the Detailed Rules for the Implementation of the Regulations on Cosmetic Hygiene Supervision, those who produce and operate cosmetics beyond the validity period shall be punished by stopping the production and operation of cosmetics within 30 days, and the operators may also be punished by confiscating the illegal income and a fine of two to three times the illegal income.
3. According to the first paragraph of Article 3 of the Special Provisions of the State Council on Strengthening the Safety Supervision and Management of Food and Other Products, "producers and operators shall be responsible for the safety of the products they produce and sell, and shall not produce or sell products that do not meet the statutory requirements."
4. According to Article 35 of the Product Quality Law: "Sellers shall not sell products that have been explicitly eliminated or stopped by the state, and products that are invalid or deteriorated".
Second, what should I do if I sell fake goods?
As long as selling fake goods is discovered by relevant state units or reported by citizens, if the situation is true, it will be punished according to the sales amount. What is the punishment standard for selling fake goods?
According to Article 55 of the Law of People's Republic of China (PRC) on the Protection of Consumers' Rights and Interests, if a business operator commits fraud in providing goods or services, it shall increase the compensation for the losses it has suffered according to the requirements of consumers, and the amount of compensation shall be three times the price of the goods purchased or the cost of receiving services; If the increased amount of compensation is less than that of 500 yuan, it shall be 500 yuan. Where there are other provisions in the law, those provisions shall prevail.
Where a business operator knowingly provides goods or services to consumers, causing death or serious damage to the health of consumers or other victims, the victims have the right to demand compensation from the business operator in accordance with the provisions of laws and regulations such as Articles 49 and 51 of this Law, and have the right to demand punitive damages less than twice.
Third, what should I do if I buy fake goods?
Consumers who encounter the situation of manufacturing and selling fake and inferior commodities can directly call the industrial and commercial department at 123 15 or directly complain and report to the industrial and commercial bureau.
According to Article 39 of the Law of People's Republic of China (PRC) on the Protection of Consumer Rights and Interests, disputes over consumer rights and interests between consumers and business operators can be resolved through the following channels:
(a) negotiated settlement with the operator;
(2) Requesting consumers' associations or other mediation organizations established according to law to mediate;
(three) to complain to the relevant administrative departments;
(four) according to the arbitration agreement reached with the operator, submit it to an arbitration institution for arbitration;
(5) bring a lawsuit to the people's court.
How to punish cosmetics stores for selling fake goods? How to punish cosmetics stores for selling fake goods?
Operators selling fake and shoddy cosmetics shall be punished by the local administrative department for industry and commerce, and their illegal income shall be confiscated, and a fine of 3 to 5 times of the illegal income may be imposed.
Regulations on cosmetic hygiene supervision
Article 26 Whoever imports or sells imported cosmetics without approval or inspection shall confiscate the products and illegal income, and may also be fined 3 to 5 times the illegal income.
If an enterprise that has obtained the approval number of cosmetics for special use violates the provisions of these regulations and the circumstances are serious, it may revoke the approval number of the product.
Article 27 Whoever produces or sells cosmetics that do not meet the national hygiene standards for cosmetics shall have their products and illegal income confiscated, and may also be fined three to five times the illegal income.
Article 29 The administrative punishment prescribed in these Regulations shall be decided by the administrative department of health at or above the county level. The administrative punishment for violating the provisions of Article 14 of these regulations on advertising management shall be decided by the administrative department for industry and commerce.
The punishment for revoking the hygiene license of a cosmetic production enterprise shall be decided by the health administrative department of the province, autonomous region or municipality directly under the Central Government; The punishment for revoking the approval number of cosmetics for special use shall be decided by the administrative department of health of the State Council.
All fines and confiscated illegal income shall be turned over to the state treasury. Confiscated products shall be supervised and handled by the administrative department of health.
How to punish cosmetics stores for selling fake goods? 1. How should consumers claim for fake cosmetics?
Operators selling fake and shoddy cosmetics shall be punished by the local administrative department for industry and commerce, and their illegal income shall be confiscated, and a fine of 3 to 5 times of the illegal income may be imposed.
People's Republic of China (PRC) product quality law
Article 40 In case of any of the following circumstances, the seller shall be responsible for the repair, replacement and return of the product: if losses are caused to consumers who buy the product, the seller shall compensate for the losses:
(a) does not have the product should have the performance and did not explain in advance;
(two) does not meet the product standards indicated on the product or its packaging;
(3) indicating the quality status by means of not conforming to the product description or physical samples.
After the seller is responsible for repairing, replacing, returning goods and compensating for losses in accordance with the provisions of the preceding paragraph, it is the responsibility of the producer or other seller (hereinafter referred to as the supplier) who provided the product to it, and the seller has the right to recover from the producer or supplier. If the seller fails to repair, replace, return goods or compensate for losses in accordance with the first paragraph, the market supervision and management department shall order it to make corrections. Where there are different stipulations in the sales contract between producers, sellers and producers and sellers, the parties to the contract shall follow the stipulations in the contract.
Second, what should consumers do if they buy fakes?
1. If you can see that it is a fake when you sign for it, I suggest you just reject it. Once you sign for it, it is better to directly refuse to sign for a refund. If the goods are found to be fake after receiving them, first negotiate with the seller for a refund.
2. If the seller doesn't agree to refund, we should collect as much evidence about the fake goods as possible, take photos or ask the relevant departments for identification, as long as it can prove that the goods are fake. If the evidence is convincing enough, Taobao will allow a refund. Please send the goods back to the address. Don't forget it so easily after receiving the refund. We can inquire about your return postage by clicking on the after-sales application. If the seller has a special service, we can also ask the seller to make triple compensation. At the same time, we can also report sellers' fakes on the e-commerce trading platform.
3. Online shopping fakes, sellers bear punitive damages; As a third party, the trading platform, according to the law, should be jointly and severally liable if it knows the store fraud and does nothing.
As can be seen from the above, operators selling fake and shoddy cosmetics will be punished by the local administrative department for industry and commerce, confiscate their illegal income, and may be fined 3 to 5 times their illegal income.