First, how do consumers protect the rights of "Three No Products"
First of all, consumers can negotiate with merchants to return three losses; If negotiation fails, you can also go to court for compensation. Below, Bian Xiao introduces it in detail through a case.
Case: Mr. Li bought 7 transceivers in the online shop of X company through the website of * *. After purchase, it was found that the product had no product certificate, no Chinese manual, and no product specifications, parameters and other marks on the outer packaging. Therefore, he sued Chongqing No.1 Intermediate People's Court, demanding that X Company return the unopened two radio transceivers for 4,960 yuan, and triple the compensation14,880 yuan. After the court opened two transceivers in court, there was no product certificate and Chinese manual, and there was no product specification, parameters and other information on the outer packaging.
After trial, Chongqing No.1 Intermediate People's Court held that Mr. Li purchased the radio transceiver through the online shop opened by X Company on the website of * *, and completed the payment for the goods. Company X also completed the delivery of products, and the two sides formed a sales contract relationship. Company X did not provide the product inspection certificate, Chinese instruction manual and other relevant signs and instructions when providing the products, and also clearly stated in the trial that it was temporarily unable to provide the inspection certificate of the products it sold, so the products it sold belonged to the "three noes" products explicitly prohibited by the state. The Product Quality Law clearly stipulates the labels on products and their packages, and stipulates that product sellers have the obligation to accept the quality certificates and other labels of the products they sell. Therefore, Company X publicly sells the products involved in the case in its online shop, which is enough to make consumers mistakenly think that the products comply with the relevant provisions of the Product Quality Law. It should be considered that Company X concealed this fact in the sales process, passing off unqualified products as qualified products, which constitutes fraud. The court should support Mr. Li's request. Therefore, the court ruled that Company X refunded Mr. Li 4960 yuan for purchasing two radio transceivers and compensated Mr. Li 14880 yuan.
The judge suggested:
Online consumer disputes are characterized by asymmetric information between buyers and sellers, and it is difficult for consumers to defend their rights, obtain evidence and ascertain the facts. Consumers should pay attention to the following points when spending online:
First, before buying the product, read the product introduction, buyer's instructions, return and exchange process carefully. , and learn more about the products from the merchants;
Second, when receiving the courier, sign for it after unpacking and inspecting the goods on the spot in front of the courier company personnel. Found that the product is damaged, take photos in time to collect evidence, and refuse the courier;
Third, after receiving the goods, it is found that it does not match the description of the merchant, and there may be fraud. Fix the product introduction page in time by screen capture and other means. When negotiating with merchants, use the communication tools brought by e-commerce companies such as Ali Want Want. , and save the chat record;
Fourth, when buying a variety of products of the same kind and batch, when consumers find that the outer packaging, product logo or quality of one product is unqualified, don't unpack other products and keep them as evidence; Fifth, when consumers and businesses fail to negotiate and want to resolve disputes through litigation, they can contact the e-commerce platform in time and ask them to provide the seller's real name, address, contact information and other information in case of litigation needs.
Second, how to punish the sale of three no products?
People's Republic of China (PRC) product quality law
Article 49 Whoever produces or sells products that do not meet the national standards and industrial standards for protecting human health and personal and property safety shall be ordered to stop production and sales, the illegally produced and sold products shall be confiscated, and a fine of less than three times the value of the illegally produced and sold products (including sold and unsold products, the same below) shall be imposed; Illegal income, confiscate the illegal income; If the circumstances are serious, the business license shall be revoked; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 50 Whoever adulterates or adulterates a product, passes off the fake as the real one, and passes off the substandard product as the qualified product, shall be ordered to stop production and sales, the products illegally produced and sold shall be confiscated, and a fine of more than 50% and less than three times the value of the illegally produced and sold products shall be imposed; Illegal income, confiscate the illegal income; If the circumstances are serious, the business license shall be revoked; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 51 Whoever produces products that have been explicitly eliminated by the state or sells products that have been explicitly eliminated by the state and stopped selling shall be ordered to stop production and sales, the products illegally produced and sold shall be confiscated, and a fine of less than the value of the illegally produced and sold products shall be imposed; Illegal income, confiscate the illegal income; If the circumstances are serious, the business license shall be revoked.
Article 52 Whoever sells invalid or deteriorated products shall be ordered to stop selling, the illegally sold products shall be confiscated, and a fine of less than twice the value of the illegally sold products shall be imposed; Illegal income, confiscate the illegal income; If the circumstances are serious, the business license shall be revoked; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 53 Whoever forges the place of origin of products, forges or fraudulently uses the name and address of other people's factories, forges or fraudulently uses quality marks such as certification marks, shall be ordered to make corrections, the products illegally produced and sold shall be confiscated, and a fine of less than the value of the illegally produced and sold products shall be imposed; Illegal income, confiscate the illegal income; If the circumstances are serious, the business license shall be revoked.
The above knowledge is Bian Xiao's answer to the question "How to protect the rights of consumers with three products". The products purchased by consumers belong to three products, and they can ask the merchants to return them. If the merchant does not return the goods, he can complain to the administrative department for industry and commerce of the sales platform. If you need legal help, readers are welcome to seek legal advice.