Consumer Online Shopping For Counterfeit Goods To The Dead End Of The Hutong

"In the case of knowing that it is fake, consumers can not protect their rights, but those who sell the goods can say frantically," I sell fake goods, and I love to find anyone. "

Mr. Wang told reporters reluctantly.

Recently, Mr. Wang of Shandong bought 20 millet mobile power from a shop on Taobao.

After receiving the goods, he found that there was no false mark on the mobile power supply, and there was a certain gap between the color and the genuine products.

Subsequently, Mr. Wang and the shop through Taobao Wangwang communication.

Merchants in Wangwang explicitly admitted that the products sold were indeed imitation goods.

Immediately, Mr. Wang applied for "Taobao".

No return. "

The decision made by the relevant departments of Taobao is: refund and refund.

Mr. Wang believes that this will encourage the store.

。

The store has a promise of "fake one loss ten", which is a deception to consumers.

The returned products can be sold to others.

The risk of selling and selling is very low.

This way of handling violates the law of the protection of consumers' rights and interests.

The fifty-fifth law of the new consumer protection law stipulates that if an operator provides goods or services fraudulent, he shall increase the compensation for losses incurred according to the requirements of consumers, and increase the amount of compensation to 3 times the cost of goods purchased by consumers or the cost of receiving services.

According to the terms, Mr. Wang called Zhejiang Hangzhou industrial and commercial bureau "96315 (12315)" consumer complaint center.

Later, Taobao did not pay any compensation to Mr. Wang's personal loss.

Mr. Wang wishes to pay a false one by three according to the law.

Hangzhou city commerce and Industry Bureau said that Mr. Wang needed to issue a "third party certificate" to prove that the merchandise sold by the merchants was fake and could be placed on file.

How did the third parties prove to come from? The reporter contacted the "third party" in the case -- Beijing millet science and technology limited liability company.

The company's rights protection service staff Ren told reporters: "millet has long been free to help consumers to issue authenticity authentication, to help users safeguard their rights.

But only for mobile phones, there is no inspection channel for accessories.

Unable to get the third party appraisal, Mr. Wang said that his rights had entered a dead end.

"In the case of knowing that it is fake, there is no way to safeguard the rights in accordance with the law."

Mr. Wang rejected Taobao's decision to return a refund.

He said that the "fake" millet power in his hand was returned to the merchant without proof.

Because the time limit exceeded the time limit for Taobao's complaint, the money had already been placed in the merchant's account.

Mr. Wang said he was worried that he could not recover the payment.

"Genuine authorization" is not authentic.

Reporters visited the shop and found that Mr. Wang bought the goods already off shelves.

But the shop is still selling similar power.

According to the screenshots recorded by Mr. Wang, a similar "counterfeit" power supply has been paid by 2327 people within 30 days.

Lin Lin, vice president of the China Law Association and the Renmin University of China Professor Ye Lin, told reporters: "in the Internet era of rapid development of e-commerce, there are many disputes arising from online shopping.

If the product is a trademark of millet, but it is not a genuine commodity, it has been suspected of violating the trademark law. "

Ms. Ren told reporters that the Tmall mall on Taobao has only one official flagship store without authorization from other stores.

But the reporter found that the shop that Mr. Wang bought clearly declared "genuine authorization", and had the words "buy Taobao products, choose the authorized stores, authentic products, safety and quality guaranteed".

Ms. Ren said that such acts of electronic commerce without legal authorization infringed on the copyright and trademark rights of the company. The company will contact the law enforcement agencies such as the local industry and Commerce Bureau and the third party e-commerce platform to report and investigate the shops that have not been authorized but openly sell.

In August 24th, CCTV's weekly quality report revealed the existence of false battery capacity and other problems in Millet mobile power supply. The AQSIQ sampled 32 batches of 224 mobile power products, and the test results showed that none of them was qualified.

In response, Xiaomi responded on micro-blog that the millet mobile power that participated in the sample survey was not purchased from the official channels or authorized channels of millet.

The problem in testing is cottage products.

Millet also stressed that the company has been plagued by Shanzhai products.

Expert weapon: how to protect online shopping fake products

Liu Junhai, vice president of the China Consumer Association, director of the Institute of commercial law, Renmin University of China, told reporters that if the fake goods were bought online, the seller should be liable for punitive damages. The trading platform, as a third party, should be jointly and severally liable in accordance with the law.

Li Renyu, a professor at the Law School of Beijing Technology and Business University, said, "selling fake products in a well known situation has created consumer fraud."

The most convenient way to safeguard rights is to negotiate directly with shops and third party platforms.

The sales commitments of the shops are of legal benefit and need to be observed by themselves.

If negotiations fail, he suggests that consumers should go to court when they have evidence such as chat records and invoices.

He said, "the third party platform should strictly manage the shops.

If there is a fake, Taobao should first ask the shop to make a damage compensation to the consumers. At the same time, in order to prevent the goods with quality problems from entering the market again, Taobao should improve the relevant mechanism. For commodities with quality problems, they should be destroyed after the return of goods, or administrative power can be introduced. The government departments will investigate and punish the counterfeit and inferior products and destroy the business licenses of the shops.

According to statistics, in the first half of this year, the number of online shopping users in China reached 350 million, and per capita consumption exceeded 3000 yuan.

An online survey involving more than 25 thousand and 200 netizens showed that online shopping accounted for 75.5% of fake products, and nearly 84.7% of the survey participants were not satisfied with the current intensity of online counterfeit products.

Reporters learned that China has begun to set up a platform to focus on online shopping disputes.

Consumers can complain to China's e-commerce complaints and rights protection platform.