More than yuan high-end cosmetics & amp;
Know fake fake & amp;
Changsha court does not support & amp;
Return a compensate < p> 2017 -
16 13:26:18 < / p> (
Source: xinhua hunan channel)
Changsha vocational anti-counterfeiting YuHui against changsha & smart economic and trade co. , LTD. , an infringement of consumer rights and interests in kaifu district court yesterday.
The court, the second instance court rejected YuHui 'know the fake fake' after the 'return to compensate one' request.
Professional anti-counterfeiting known fake fake August 8 to 12, 2003, YuHui &poor's smart in changsha on the second floor of the supermarket called 'valentino north-south line' merchants counter has bought 11 varieties of imported high-end cosmetics manufacturer
, spent 10497 dollars in total.
After verification check, found that the 11 kinds of cosmetics manufacturer. '3 without' product, including counterfeit and embezzle the ministry of health approval of fake and inferior products.
Last year on August 14, he asked the store for return the payment according to provisions of article 49 of the elimination of and give double compensation, was rejected after YuSui to court.
Debate: 'know the fake fake' consumer behavior in court, using both the focus of the debate surrounding the two main issues.
One is that the plaintiff YuHui behavior is 'elimination' defined consumer behavior;
Second, at the fake cosmetics is the door to sell inside the supermarket, the supermarket have responsibility.
The defendant lawyer Wang Shu thinks, our country 'elimination' is only for our own life to protect by consumers to buy goods.
While YuHui buy in large quantities on fake goods in 5 days time behavior belongs to 'know the fake fake' profit behavior.
YuHui retort, 'professional anti-counterfeiting person' is a kind of social status rather than a legal concept, you buy goods is also a consumer.
For the responsibilities of the supermarket, the defendant lawyer think these goods are run by supermarkets in independent merchants sold, all responsibilities shall be borne by the merchant.
While the prosecution insisted that shall be borne by the supermarket.
'Fake fake court: does not support' 12 in the morning, investigation and debate the end of the court in the court mediation programs, due to the plaintiff should really be discussing both sides stick to claim mediation failed.
The court formally agreed an adjournment.
At 1 PM, three return to court the judge, the presiding judge parada read out the judgment, the court considered the plaintiff YuHui 5 consecutive days, a total of five times in the same counter purchase for fake goods, in addition to the first can be thought of as consumer behavior, the back four times the purchase behavior cannot be identified as consumer behavior.
At the same time, the merchants sell fake and inferior commodities in the supermarket, the supermarket should bear the responsibility.
So the sentence the defendant to the plaintiff in August 8, the first purchase of 3000 yuan and inferior cosmetics in addition to the refund should also pay 3000 yuan of punitive damages.
Behind the plaintiff 4 purchase 7497 yuan of cosmetics can be a refund, but you can't get double compensation.
This decision is confirmed for the first time in changsha court 'know the fake fake' behavior is not 'elimination' protection of the consumer behavior in our country.
Professional impact test after a week of hunan lawyers xiao-hui he thinks, 'elimination' in China, the term 'consumer is defined in the' purchase 'for the cost of living, the purpose is to differs from social production, the management of the business.
And occupational fraud is a new phenomenon of the 1990 s society, and closer to the individual consumer behavior because of its characteristics, has been also is give priority to in order to apply 'elimination'.
Now court for this kind of behavior is changing the legal definition, will have a nontrivial effect on future career impact behavior.
Hu Yihu guang-jun li)
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