Legal analysis: keep valid evidence. If you find that you bought a fake, the first step is to collect evidence, take pictures of the goods from all angles with a camera, and have a chat record with the merchants through Ali Want Want for use when complaining. After consultation with the merchants, the merchants can be notified after collecting evidence. At this time, remember to contact the merchant through Ali Want Want. When communicating, be careful not to fall into the chat trap of the merchant. Make it clear on Ali Want Want that the goods sent to you are fakes, and ask the merchant why they are fakes and why they are inconsistent with the previous description. Put the blame on the merchant side. Ask the merchant to return the goods. If the merchant has no reason to refund for 7 days, but there is no fake one loses three, and the third party conducts quality inspection, then the merchant is required to refund and bear the freight. Ask the merchant for compensation. If the merchant participates in the fake one and loses three, the merchant is required to pay twice the actual price of the goods in addition to the refund, and bear the logistics costs of the goods involved. If the merchants participate in the third-party quality inspection, they are required to pay twice the payment and bear the logistics costs. Complain about Taobao. If there is no agreement between the above return or compensation and the merchant, you can complain to the merchant. All kinds of evidence need to be submitted when complaining, and Taobao service personnel will make a ruling based on the evidence provided by both parties. Complain to the Consumer Protection Association. If the decision made by Taobao does not achieve the desired result, it is recommended to complain to the Consumer Protection Association. Merchants and Taobao can complain together. The complaint is that the merchants are selling fake goods, and the complaint is that Taobao is not well regulated. Logistics sends the goods back. If an agreement is finally reached through the above methods, the goods will be logistics back to the merchants. Remember to keep the logistics documents to avoid business default. Check the refund. Check the refund in time to avoid the amount error.
Legal basis: Article 214 of the Criminal Law of People's Republic of China (PRC), whoever knowingly sells goods with counterfeit registered trademarks, and the sales amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also, or shall only, be fined to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.
Article 119 of the Civil Procedure Law of People's Republic of China (PRC): Conditions for Prosecution
Prosecution must meet the following conditions:
(1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case; (2) Having a clear defendant; (3) Having specific requests, facts and reasons; (4) Belonging to the scope of civil litigation accepted by the people's court and the jurisdiction of the sued people's court.