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 do cosmetics compensate for counterfeiting?
How to compensate for counterfeit cosmetics 1 1. Compensation standards for counterfeit and shoddy 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.
According to the Regulations on Hygienic Supervision of Cosmetics
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.
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, the seller shall 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.
A professional said that deliberately selling fake goods has constituted consumer fraud. The most convenient way to defend rights is to negotiate directly with the store and the third-party platform. The store's sales promise is legally binding and needs to be observed by itself. If negotiation fails, he advises consumers to take evidence such as chat records and invoices to court. And third-party platforms should strictly manage stores. If there are fakes, the third platform should first ask the store to compensate the consumers for their losses.
At the same time, in order to prevent goods with quality problems from flowing into the market again, e-commerce platforms should improve relevant mechanisms. Goods with quality problems should be destroyed after return, or administrative forces can be introduced to investigate and deal with counterfeit and shoddy products. Destroy, seal up and revoke the business license of the store.
How to compensate for counterfeit cosmetics? 2. How can cosmetics brands effectively protect their rights after being counterfeited and infringed? Cosmetic brands often take the way of self-complaint to protect their rights:
1. Monitor yourself and negotiate with the infringer.
Many cosmetics companies will arrange customer service staff to supervise online pricing and selling fakes. Once found, they will take the initiative to remind counterfeit businesses to rectify. Some businesses may be restrained after receiving the notice, but many businesses simply ignore it. Therefore, this solution can only solve a few problems, can't fundamentally eliminate the infringement phenomenon, and may even be counterproductive, resulting in more serious market price confusion.
2. Grasp the source and punish.
Some cosmetics brands will punish agents who find their sources through the product supply invoices of low-priced illegal shops. This method also has great disadvantages, that is, they are probably not the direct shopkeepers who violate the price rules at will, so there are many unfair punishments for them. And there are still many products that can't find the source.
3. Initiate a lawyer's letter through a law firm.
This is also a common measure to safeguard rights, but the effect and effectiveness are often not proportional. They are better at dealing with offline, and the virtuality of e-commerce platforms is difficult to collect effective evidence through litigation.
Basically, many cosmetic brand companies are trying their best to solve the problem of price confusion on the platform, but it has not been effectively solved, mainly because the platform is very slow in reviewing intellectual property complaints, fake complaints and reporting complaints, and the punishment for infringers is relatively small after the complaints are passed, so the infringers continue to illegally sell at unscrupulous low prices.
Generally speaking, cosmetics brands often fail to complain on their own, mainly for the following reasons: 1, lack of professionalism, inefficiency and poor effect. So, are cosmetics companies helpless about infringement? How can cosmetics brands effectively defend their rights and fight counterfeiting?
Cosmetic brands can find professional third-party rights protection and price control companies to effectively protect their rights. Many users don't know much about the operation team of the third-party price control company, and always think that this is a deceptive means. In fact, many online and offline operation teams are very formal and reliable now. The so-called professional third-party rights protection and price control companies are mainly reflected in the following aspects:
1. Quick and comprehensive retrieval: according to the requirements of brand entrustment, comprehensively and systematically sort out online violation information.
2. Communicate with the merchants efficiently, assist in specifying the price control notice letter according to the requirements of brand entrustment, and guide the cooperative merchants, otherwise the ceremony will be held first.
3. Specific analysis of complaints: analyze complaints about intellectual property rights according to specific circumstances.
4. For some stubborn businesses, selling fake goods, etc. If necessary, cure the disease by legal means and never put it on the shelves again.
5. According to the entrustment of the brand, data feedback is conducted weekly, monthly and semiannually to realize long-term and stable anti-counterfeiting.
6. The whole processing cycle is about 5-7 working days, and then obvious effects can be seen.
How to compensate for counterfeit cosmetics? 3. How to add fake cosmetics? One loses three.
Directly compensate according to three times the price of the product.
Complaint request
1, within the administrative area of this Municipality;
2. There is a clear defendant;
3, there are specific complaints, facts and reasons;
4. The complainant should be an interested party in the consumer dispute;
5. The complaint period has not expired (consumers know or should know that their rights and interests have been infringed within one year);
6. Belonging to the jurisdiction of the administrative department for industry and commerce;
7. When making a complaint, a consumer shall state his name, address, telephone number or other contact information as well as the name, address and telephone number of the respondent.
8. For consumers, the most important thing is to collect all favorable vouchers;
Not within the scope of trial
1. Purchase and sale disputes between operators;
2. Disputes arising from consumers' private transactions;
3. Failing to install, use, keep or disassemble the goods according to the instructions for the use of the goods, causing damage to the goods or personal injury;
4. The purchased goods or services are not used for daily consumption, except for the means of production that farmers buy directly for agricultural production;
5. Get or give away goods or services free of charge, except for gifts and free services provided for promotion;
6. When consumers buy goods or services, they already know that there are defects and complain about the defects;
7. If the goods exceed the stipulated warranty period or guarantee period, the defendant will no longer be liable for breach of contract;
8. The goods purchased by consumers exceed the complaint period (consumers know or should know that their rights and interests have been infringed for more than one year);
9, the court, arbitration institution or other administrative organs have accepted or dealt with;
10, which is illegal.
Legal category
The Law of People's Republic of China (PRC) on the Protection of Consumers' Rights and Interests belongs to a specific department law in the category of economic law in China's legal classification, and it is a basic related law to standardize the market economic order and protect consumers' legitimate rights and interests.