1. How much can I claim for online shopping fakes?
1, online shopping can require merchants to pay compensation at three times the price of the goods, and according to the provisions of the Consumer Protection Law, merchants can claim compensation according to law. Consumers should be able to demand punitive damages of three times the cost of purchasing goods and receiving services. If the compensation is less than 500 according to three times, it shall be calculated as 500.
2. According to the Consumer Protection Law, consumers can ask businesses to replace or return goods.
3. According to the Consumer Protection Law, consumers can claim compensation from the online trading platform.
II. Penalties for selling fake and inferior commodities
According to the 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 products illegally produced and sold 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.
According to the Criminal Code of People's Republic of China (PRC)
Article 140 Whoever produces or sells fake and inferior products, adulterates the products, passes off the fake products as genuine products, and passes off the unqualified products as qualified products, and the sales amount is between 50,000 yuan and 200,000 yuan, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention, and shall also, or shall only, be fined between 50% and 200,000 yuan.
If the sales amount is more than 200,000 yuan but less than 500,000 yuan, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years, and shall also be fined not less than 50% but not more than two times the sales amount; If the sales amount is more than 500,000 yuan but less than 2 million yuan, he shall be sentenced to fixed-term imprisonment of not less than seven years and shall also be fined not less than 50% but not more than two times the sales amount.
If the sales amount is more than 2 million yuan, he shall be sentenced to fixed-term imprisonment of 15 years or life imprisonment, and shall also be fined more than 50% but less than 2 times the sales amount or his property shall be confiscated.
The practice of selling fake goods seriously infringes on the legitimate rights and interests of consumers. But consumers themselves should realize that if the regular price of this commodity is 5000 yuan, then only 1000 yuan will be paid on the network platform. Similar to this situation, it is usually difficult to claim compensation from the merchant, because consumers themselves are responsible during the transaction.
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