LV headquarters responded to the "LV incident": requesting retrial, LV reiterated that the products sold by Louis Vuitton's global direct stores are genuine. Louis Vuitton fully respects the courts in China and voluntarily carries out the effective judgment. LV headquarters responded to the "LV incident": requesting retrial.
LV headquarters responded to the "LV incident": request for retrial 1 Recently, a Changsha-LV counter was sentenced by the court for selling fake goods, which triggered a heated discussion among netizens about "returning one and losing three" to consumers. Although LV officials compensated consumers, they "resolutely denied the plaintiff's allegations, applied for retrial and demanded that the original judgment be corrected".
Some netizens said: "I will also take it for verification in two days." "I bought something without a box. Could it be fake?" Another netizen said: "I can't understand it anymore. I contacted a second-hand shop for identification. Either I didn't win the prize these days, or I have to pay for the original free appraisal now. "
Did the netizen just have a mouth addiction online, or did he really make an appraisal? On the afternoon of May 2 1, a reporter from xiaoxiang morning herald came to a second-hand luxury store located in Minghuida Business Building, Furong District, Changsha. Ms. Zhang, a staff member, said that in the last two days, there were indeed many customers conducting appraisal consultation online. "Compared with the past, there are too many people these days."
Ms. Zhang said that the store provides two identification methods, one is the identification of the store appraiser, and the other is the inspection and identification. "We are the partners of China Inspection and Certification Group Hunan Co., Ltd. (hereinafter referred to as" China Inspection Hunan Company "), and the store appraisers also have relevant certificates issued by them."
If you choose a store appraiser for appraisal, the appraisal result will come faster than the inspection, but you will not issue an appraisal report and will not participate in related disputes. "After the customer delivers the products, the professionals in the store will take photos of the corresponding' monitoring points' and send them to the company headquarters, and then a number of appraisers will cross-identify them with their professional quality and experience. If the customer disagrees with the appraisal result of the store, we will advise the customer to choose to conduct inspection and appraisal, and send the products that need to be appraised to China Inspection Hunan Company for appraisal. " Reporter Wang Yinqi
Lawyer's statement
It is not easy for Lu to "turn over" through retrial.
On May 20th, the public relations department of Louis Vuitton responded to xiaoxiang morning herald's statement that the products sold by Louis Vuitton's global direct stores are genuine.
According to Louis Vuitton's statement, Louis Vuitton fully respects the courts in China and has voluntarily fulfilled the effective judgment. However, in the lawsuit, Louis Vuitton never admitted that the bag that the plaintiff asked for a refund nine months later was sold by Louis Vuitton.
Lu has fulfilled the court decision, why can he apply for a retrial? Previously, Lu failed to provide evidence, which led to losing the case. What conditions should be met for retrial to get court support?
Focus 1: Why can I apply for a retrial after fulfilling the judgment?
The reporter from xiaoxiang morning herald learned that according to Article 199 of the Civil Procedure Law of People's Republic of China (PRC), if a party thinks that a legally effective judgment or ruling is wrong, it may apply to the people's court at the next higher level for retrial; A case in which one party has a large number of people or both parties are citizens may also apply to the people's court that originally tried the case for retrial. If a party applies for a retrial, the execution of the judgment or ruling shall not be stopped.
Lawyer Ge Shuchun, a member of china law society, told xiaoxiang morning herald that, first of all, if Lu fails to carry out the judgment, it may be enforced by the court according to law, so he thinks that Lu has passively carried out the judgment of the court.
If Lu did not identify the bag as a fake in the first and second trial procedures, he only fulfilled the court's judgment and did not constitute "admission" in the civil procedure law. Therefore, it is reasonable for Lu to apply for retrial as the losing party. According to the provisions of China's civil procedure law and relevant judicial interpretations, Lu also has the right to apply for retrial. "In practice, many parties who lost in the first instance and the second instance will also apply for retrial while executing the effective judgment of the court. This is not contradictory. "
Focus 2: What conditions do you need for retrial to get court support?
Ge Shuchun introduced that Lu's application for retrial according to law must have new evidence according to the provisions of China's civil procedure law and relevant judicial interpretations.
Specific to this case, if Lu wants to get the support of the retrial court, he must have new evidence to prove that the handbag involved is not a fake. The core question is whether the bag that Ms. Luo and her boyfriend sent to the appraisal agency for appraisal is the one that was originally purchased in LV. If Lu has enough evidence to prove that the bag identified as a fake was not purchased by Ms. Luo and her boyfriend in Lu, the case may be decided to be retried, otherwise Lu's retrial application will be rejected.
Yi Xu, a lawyer of Hunan jinzhou area Law Firm, also believes that if LV wants to overturn the previous judgment in the court retrial, the most important thing is that the LV counter in Changsha Guo Jin Center needs to prove that the fake bag is not the one purchased by the customer on the same day. For example, the number of the package sold at the counter is different from that of the fake package.
At the same time, the Civil Procedure Law stipulates that the court should retry 13 cases, of which the first three cases are: there is new evidence enough to overturn the original judgment and ruling; The basic facts identified in the original judgment or ruling lack evidence to prove; The main evidence of the facts ascertained in the original judgment or ruling is forged.
The reporter noticed that in the public judgment, when the woman sued the LV counter of the IFC, she submitted relevant evidence that the handbag test result was false. Although the defendant denied selling fakes, he never provided relevant evidence. Therefore, the court decided to refund one and compensate three because it could not provide evidence and found that it had fraud in selling fake goods. Moreover, there is no content in the judgment document that the defendant questioned the existence of procedural violations in the trial.
Many lawyers believe that it is not difficult for Louis Vuitton to provide decisive new evidence. If there is enough evidence to prove his innocence, it can be provided in the previous trial stage. You don't have to wait until the judgment is fulfilled and the judgment document is exposed by the media, causing widespread public concern, before announcing the application for retrial.
LV Headquarters Responds to "LV Incident": Request for Retrial 2 Recently, a public judgment showed that the LV counter in Guo Jin Center was sentenced by the court to refund the purchase price and triple the compensation. According to xiaoxiang morning herald, Lu responded that he firmly denied the plaintiff's allegations and had applied for a retrial.
LV reiterated that the products sold by Louis Vuitton's global direct stores are authentic. Louis Vuitton fully respects the courts in China and voluntarily carries out the effective judgment. However, in the lawsuit, Louis Vuitton never admitted that the bag that the plaintiff asked for a refund nine months later was sold by Louis Vuitton.
Louis Vuitton firmly denied the plaintiff's allegations, and has applied for a retrial and appealed to correct the original judgment. According to media reports, on September 12, 2020, Miss Luo and her boyfriend Gao bought a vaugirard handbag at the lv counter on the second floor of Changsha Center for 18700 yuan, which was paid by her boyfriend Gao. After the handbag was bought back, Miss Luo suspected that it was a fake and sent it to China Inspection and Certification Group Hunan Co., Ltd. for inspection.
On June 3rd, 20021year, the appraisal agency considered that the handbag was not produced by lv Company. With the expert opinion, Miss Luo thinks that the lv counter is suspected of fraud. She filed a lawsuit in the People's Court of Furong District, requesting the court to order the lv counter to refund the payment, compensate for three times the payment, pay the lawyer's fee and bear the litigation costs in this case.
The court found that the store, as a seller, was fraudulent in selling fake goods, and should refund the purchase price and triple the compensation. In the end, the lv counter decided to refund Miss Luo's purchase price of 18700 yuan and triple the compensation of 56 100 yuan, rejecting Miss Luo's other claims.
It is reported that Miss Luo recently received 74,800 yuan from the counter.
LV headquarters responded to "LV incident": requesting retrial 3. Does the Louis Vuitton counter in Changsha Guo Jin Center sell fakes? Since May 19, this news has caused a heated discussion on the Internet.
On May 20th, the public relations department of Louis Vuitton responded that the products sold by its direct stores around the world are genuine. Louis Vuitton firmly denied the plaintiff's allegations, and has applied for a retrial and appealed to correct the original judgment.
Event restoration: Lu's "counter selling fake goods" was sentenced to one refund and three compensations.
On September 12, 2020, Miss Luo and her boyfriend Gao bought a vaugirard handbag at the lv counter on the second floor of Changsha Center. The price 18700 yuan, the money is higher than the boyfriend.
After the handbag was bought back, Miss Luo suspected that it was a fake and sent it to China Inspection and Certification Company for inspection.
On June 3rd, 20021year, the relevant appraisal agency considered that the handbag was not produced by lv Company. Ms. Luo held an expert opinion that the lv counter was suspected of fraud, so she filed a lawsuit with the Furong District People's Court, requesting the court to order the LV counter to refund the payment, compensate for three times the payment, pay the lawyer's fee and bear the litigation costs in this case.
The court found that the store, as a seller, was fraudulent in selling fake goods, and should refund the purchase price and triple the compensation. In the end, the LV counter decided to refund Miss Luo's purchase price of 18700 yuan and triple the compensation of 56 100 yuan, rejecting Miss Luo's other claims.
The netizen said, "Counters can sell fakes. Where can I buy genuine products in the future? "
The brand side issued a solemn statement requesting a retrial.
Yesterday afternoon, LV officially issued a statement saying: Louis Vuitton hereby reiterates that Louis Vuitton firmly denies the plaintiff's allegations, and has applied for a retrial and appealed to correct the original judgment.
At present, the LV store in Changsha Guo Jin Center is still operating normally.
Some consumers brought dozens of bags for inspection.
After the case caused a heated discussion, many Changsha citizens went to the institutions identified by Miss Luo for inspection.
The customer service staff of the appraisal agency told the reporter that on May 20, the number of consumers who came to test was much higher than usual. Some consumers came to check with multiple bags. "There are dozens of places dragged here." .
"The luxury appraisal of professional institutions mainly tests from the aspects of logo, coding, metal, leather, etc., including details such as lining and shoulder straps." According to industry insiders, consumers need to keep their eyes open when choosing appraisal institutions, and it is best to send them to professional institutions for inspection.
Lawyer interprets Lu's denial of the accusation
Many netizens discussed that since Lu insisted that the bags involved were not sold in his own store, why did he transfer 74,800 yuan to Ms. Luo after the first-instance judgment?
Lawyers of Hunan Wanhe United Law Firm said that the Lu incident caused extensive discussion among netizens, but the matter is under further investigation and may be overturned or further settled.
This incident is also a great warning to the whole consumption environment. Judging from the judgment and implementation of the court, the transfer of money by Lu to Ms. Luo reflects Lu's initiative to perform the effective judgment of the court, but this does not mean that Lu brand recognizes the trial result, nor does it affect its application for retrial.
"Executing the judgment and applying for retrial are two different things in legal procedure."