When a product has quality problems or is inconsistent with the original product, consumers have the right to require the merchant to compensate three times the purchase price of the product.
1. Definition and identification of counterfeit goods
Fake goods, as the name suggests, refer to counterfeit and shoddy goods that are not consistent with the original products. These products may have quality problems, use inferior materials, or use fake brand trademarks. When purchasing goods, consumers should pay attention to the packaging, labels, texture and other details of the goods, purchase through formal channels, and keep the shopping vouchers so that they can protect their rights if they encounter counterfeit goods.
2. Scope of application of the "Refund for one and compensate for three" regulations
The "Return for one for fakes and compensate for three for fakes" law applies to situations where consumers encounter counterfeit goods in the process of purchasing goods. Whether shopping online or offline, as long as consumers can provide sufficient evidence to prove that the purchased goods are fake, they have the right to require the merchant to compensate three times the purchase price.
3. Rights protection process and precautions
After consumers discover that they have purchased counterfeit goods, they should first negotiate with the merchant and request a return and compensation. If a merchant refuses to fulfill its liability for compensation, consumers can complain and report to the relevant regulatory authorities or consumer associations to seek legal support. During this process, consumers should keep relevant evidence such as shopping vouchers and product photos to prove their rights and interests during the rights protection process.
In addition, when purchasing goods, consumers should also pay attention to the credibility and word-of-mouth evaluation of the merchants, and choose merchants with good reputations to purchase to reduce the risk of encountering fakes.
In summary:
The "return one for fakes and compensate three for fakes" regulation is an important measure to protect the legitimate rights and interests of consumers. Consumers should pay attention to the authenticity of the goods when purchasing them. , choose formal channels to purchase, and actively protect your rights when encountering fakes. At the same time, merchants should also consciously abide by laws and regulations, operate with integrity, eliminate fakes, and provide consumers with high-quality goods and services.
Legal basis:
"Consumer Rights and Interests Protection Law of the People's Republic of China"
Article 55 provides:
If an operator engages in fraudulent behavior in providing goods or services, it shall increase the compensation for the losses suffered by the consumer in accordance with the requirements of the consumer. The amount of increased compensation shall be three times the price of the consumer for purchasing the goods or the fee for receiving the service; the amount of increased compensation shall be If the amount is less than five hundred yuan, it shall be five hundred yuan. If the law provides otherwise, such provisions shall prevail.
"Law of the People's Republic of China and Domestic Product Quality"
Article 40 stipulates:
If the product sold has any of the following circumstances, The seller shall be responsible for repairs, replacements, and returns; if losses are caused to consumers who purchase the products, the seller shall compensate for the losses:
(1) Failure to provide the performance that the product should have without explanation in advance ;
(2) Does not meet the product standards stated on the product or its packaging;
(3) Does not meet the quality indicated by product descriptions, physical samples, etc. condition.
After the seller is responsible for repairs, replacements, returns, and compensation for losses in accordance with the provisions of the preceding paragraph, it is the responsibility of the manufacturer or the responsibility of other sellers (hereinafter referred to as suppliers) who provide products to the seller (hereinafter referred to as the supplier) , the seller has the right to seek compensation from producers and suppliers.
If the seller fails to repair, replace, return or compensate for losses in accordance with the provisions of the first paragraph, the market supervision and management department shall order it to make corrections.
If a dispute arises between producers, sellers, or between producers and sellers regarding product damage compensation, the parties may negotiate; if the negotiation fails, they may file a lawsuit in the People's Court, or You can apply for arbitration to an arbitration institution.