Inspection report of weeks purchased premium red robe.
Bought two boxes of promises "a penalty at the" tea, sent to test and found defective, what would you have done? Nanjing consumers of Mr Zhou chose "seriously", he sought compensation from the merchant in accordance with the commitments amounting to 88 million Yuan.
"A penalty"
In June 2015, Zhou, head of an enterprise on a business trip in Nanjing when passing by the Xiamen airport, see gifts website advertising: products to buy, start network, the sale of goods are authentic, a penalty at all.
Mr Zhou at the Xiamen airport to see "a penalty" ad.
Later, Chow gifts website purchased 630 "Rue Super Dahongpao" tea, amounting to 17640, delivery address for addresses in Huaian of the week.
"Later, after I had this red robe, the more you drink, something was wrong," Zhou told the Word Press (www.thepaper.CN) that he began to suspect that he bought a fake.
In January 2016, CHOW will buy premium gifts website Dahongpao tea sent by national tea quality supervision and inspection Center for quality inspection.
Journalists surging from an inspection report issued by the national tea quality supervision and inspection center, weeks testing the Super red robe, most indicators are qualified, but total rare earth index was 2.3, beyond the standard of not more than 2.
While on the sensory quality, the results are displayed, inspection of Dahongpao below "super standards". Two residential buildings in Shanghai shake from
Therefore, Mr Zhou found that their gifts website bought a fake.
Then, he will hand network operators--Xiamen Xiang hand e-commerce limited to small claims court.
"They promised ' a penalty '. Now I bought a fake, in accordance with their commitment to the fold, ' fake pay a 5,000 ' claim also made concessions. "Mr weeks surging on news that, according to calculations, he claimed amounted to 88 million Yuan.
Mr Zhou's purchase order.
Journalists have the surging consumer and the identity of the reporters asks gifts website customer service, if you buy goods down not qualified, if you have a "one million" compensation?
Customer service, bad answer to this question, the current "one million" campaign had been taken down. While the customer service said they purchase merchandise is from regular manufacturers, quality is guaranteed.
It is learnt that the Huaian city intermediate people's Court has accepted the case will be heard on April 15 this year.
Xiamen surging hand head of network services manager Wu told journalists, Mr Zhou had left proceedings, they are preparing relevant material, just leave it to the courts to make a fair ruling. He said, can be seen after the trial, others do not want to say. Super red robe for quality issues, as well as "a penalty at the" slogan of rationality, Wu the Manager declined to comment.
"The spirit"
Jump out of the case to see whether products not qualified, it can be identified as "fake"? For more than 10,000 yuan of goods, claim more than 80 million, which is fair for enterprises?
Renmin University of China Law School Professor Liu junhai surging told journalists, if an enterprise voluntarily made "a penalty at the" commitment to comply with some practice the spirit of contract.
Liu junhai said claimed 10,000 times a public commitment may seem unfair on businesses. However, businesses through "a penalty" commitment can enhance their own credibility and attract more tourists, compared with other businesses can gain significant competitive advantage.
"Moreover, due to the special food, substandard adverse effects of tea on human health is an objective and long-term. So, from a safety perspective, enterprise self-pressurized, promises higher than the required 10 times times punitive damages, the law does not prohibit. "Liu junhai said.
So, substandard products can be the same as for "fake"?
Liu junhai said so-called authentic, a purchase is from regular manufacturers, the second is the product quality to be qualified, otherwise it's a fake.
"Only purchase from regular manufacturers, but not so qualified, it's hard to call it authentic. "Liu junhai said, because consumers are not buying manufacturer of equity, so cannot be considered" anything from regular manufacturers come in even if it is genuine. " Therefore, the issue should be focused on the quality of the commodity itself.
"A penalty of" how to understand, said Liu junhai, depending on the circumstances, can be understood as one piece of fake money awarded 10,000 dollars, can also be understood as buying a fake awarded 10,000 copies, but must be consistent.
In the eyes of Liu junhai, fair freedom of contract, contract, contract adherence to the spirit of contract is worth promoting. If the Court did order the enterprise to consumer 5,000 times punitive damages, for the sustainable and healthy development of the industry as a whole can play a role in warning education.
However, he also pointed out that courts can be based on the principle of equity and enterprise's actual ability to pay, the right to "a penalty" be reasonable reduction commitments.
Finally, Liu junhai call businesses engage in advertising activities must bear in mind the "honest, modest commitments" Bazi proverbs. Otherwise, the "bragging to tax, will pay the price."
No comments:
Post a Comment