Can someone call the police if they buy a fake bag? We may buy beautiful bags from official website or private purchasing agencies, but the bags sold privately are probably fake, so can we call the police when people buy fake bags?
Is it okay for individuals to buy fake bags and call the police? 1 legal analysis: under normal circumstances, it is not necessarily useful for people to call the police because of private transactions, unless the other party is suspected of fraud, the police will accept it. But in the case of infringement, you can also seek the help of the police. If you can contact the other party, you can coordinate with the public security organ. If negotiation fails, it can be handled according to relevant regulations.
Legal basis: People's Republic of China (PRC) Consumer Protection Law.
Article 39 Disputes between consumers and business operators over consumers' rights and interests can be resolved through the following channels:
(a) negotiated settlement with the operator;
(2) Requesting consumers' associations or other mediation organizations established according to law to mediate;
(three) to complain to the relevant administrative departments;
(four) according to the arbitration agreement reached with the operator, submit it to an arbitration institution for arbitration;
(5) bring a lawsuit to the people's court.
Article 55 Where an operator commits fraud in providing goods or services, it shall increase the compensation for the losses suffered by consumers as required, and the amount of compensation shall be three times the price of the goods purchased by consumers or the cost of receiving services;
If the amount of additional compensation is less than that of 500 yuan, it shall be 500 yuan.
Where there are other provisions in the law, those provisions shall prevail. Where a business operator knowingly provides goods or services to consumers, causing death or serious damage to the health of consumers or other victims, the victims have the right to demand compensation from the business operator in accordance with the provisions of laws and regulations such as Articles 49 and 51 of this Law, and have the right to demand punitive damages less than twice.
Can I call the police when buying fake bags between individuals? 1. Can I call the police if I buy a fake in private?
It is not necessarily useful to call the police to buy fake goods in private, unless it is suspected of fraud, the police will accept it. But in the case of infringement, you can also seek the help of the police. If you can contact the other party, you can coordinate with the public security organs. If negotiation fails, it can be handled in accordance with the provisions of Article 39 of the Consumer Protection Law.
What are the legal consequences of manufacturing and selling fake goods?
Regarding the issue of counterfeiting and selling fakes in WeChat business, lawyers believe that if the sales subject in WeChat circle of friends belongs to a certain enterprise, has registered for industry and commerce, and has a business license and relevant documents, then the operator belongs to the scope of the Consumer Protection Law and is protected by the Consumer Protection Law. Article 55 of the law stipulates that business operators who commit fraud shall compensate consumers according to law.
The amount of compensation is generally three times the price of the product, and 500 yuan is less than 500 yuan. However, if the operator knowingly provides a defective product to consumers, causing personal injury, the victim has the right to demand that the operator compensate for the loss according to law and demand punitive damages less than twice the loss suffered.
However, at present, most of the sales subjects in WeChat business are individuals, which do not belong to the operators in the Consumer Protection Law and are not subject to the adjustment of the Consumer Protection Law. However, if the WeChat business violates the law or infringes on the rights and interests in the sales process, it can be handled in accordance with relevant civil laws and require the other party to bear the liability for breach of contract or infringement. In addition, if criminal offences are involved, they may also be suspected of producing and selling fake and inferior commodities, infringing intellectual property rights and other related crimes.
Is it okay for individuals to buy fake bags and call the police? Is it useful to call the police when you buy a fake bag?
If the purchasing store knowingly sells it, it is a fraud to consumers. Alarming is useful, but consumers need to provide relevant evidence, such as purchased fakes and transaction vouchers.
People's Republic of China (PRC) product quality 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.
Criminal law of the people's Republic of China
Article 266 Whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.
Can I ask for a refund if I find that the goods are not genuine after unpacking?
When consumers find that their online shopping products are not genuine, you can defend your rights like this:
1, contact the merchant for negotiation;
Online shopping goods are usually easy to buy fakes, which are generally discovered after consumers receive the goods. At this time, consumers can contact the merchants in time to see how the other party handles it. The best way is for both parties to solve the problem through negotiation, for example, the merchant can replace the genuine product for the consumer or return the product for a refund.
2. If the purchase is less than 7 days, directly request a return;
Most consumers know that there is no reason for online shopping to return goods within 7 days, but the prerequisite for returning goods should be intact, which is an obstacle to returning goods. Many merchants refused to return the goods on the grounds that the package had been unpacked. Generally speaking, as long as it does not affect the secondary sales, you can ask for a return. Merchants sell fakes and can defend their rights by reporting complaints.
3. report complaints;
It is illegal for merchants to sell fake goods. Consumers can call the Consumers Association hotline 123 15 to make a complaint, or directly report to the local industrial and commercial department.
4. claim compensation.
If an operator commits fraud in providing goods or services, it shall increase the compensation for the losses suffered by consumers as required, and the compensation amount shall be three times the price of the goods purchased by consumers or the cost of receiving services; If the amount of additional compensation is less than that of 500 yuan, it shall be 500 yuan.
Consumers will inevitably buy non-genuine goods during the shopping process. Some goods may be more than ten yuan, and some may be as much as several thousand yuan. If it is a small dispute, it is suggested that consumers can solve it with the merchants through negotiation and complaint. If the merchant refuses to admit it, he may wish to defend his rights through legal means.