In recent years, with the vigorous development of China's digital economy, online consumption has become the basic consumption mode of the public. With the rapid development of the online economy, online consumer dispute cases are showing the characteristics of rapid growth.
Netizen consultation:
If you have purchased counterfeit and shoddy goods online, what compensation can you claim?
Lawyer answers:
You can demand a refund of the purchase price and punitive damages.
Where proprietors commit fraud in providing goods or services, they shall, at the request of consumers, increase the amount of compensation to three times the price of the goods purchased by the consumers or the cost of the services they received;Where the amount of increased compensation is less than 500 RMB, it is 500 RMB.
If a consumer produces food that does not meet food safety standards or sells food that he knows does not meet food safety standards, in addition to claiming compensation for losses, he or she may also demand compensation from the producer or operator for ten times the price or three times the loss;Where the amount of increased compensation is less than 1,000 RMB, it is 1,000 RMB.
Lawyer adds:
Proprietors providing goods or services to consumers shall perform their obligations in accordance with the provisions of relevant laws and regulations. Proprietors shall ensure that the goods or services they provide meet the requirements for ensuring the safety of persons and property. For goods and services that might endanger the safety of persons or property, consumers shall be given a truthful explanation and clear warning, and the methods for using the goods or receiving services correctly and the methods for preventing harm from occurring shall be explained and marked. Where proprietors discover that the goods or services they provide are defective and pose a danger to the safety of persons or property, they shall immediately report to the relevant administrative departments and inform consumers, and employ measures such as stopping sales, warnings, recalls, harmless disposal, destruction, or stopping production or services. Where recall measures are employed, the proprietor shall bear the necessary expenses incurred by consumers as a result of the recall of the goods.
Legal basis] Consumer Rights and Interests Protection of the People's Republic of China**
Article 55: Where proprietors commit fraud in providing goods or services, they shall increase compensation for the losses they have suffered in accordance with consumers' requests, and the amount of increased compensation is three times the price of the goods purchased by the consumers or the cost of the services they received;Where the amount of increased compensation is less than 500 RMB, it is 500 RMB. Where the law provides otherwise, follow those provisions.
Where proprietors clearly know that the goods or services are defective, but still provide them to consumers, causing death or serious harm to the health of consumers or other victims, the victims have the right to demand that the proprietors compensate for losses in accordance with articles 49, 51 and other legal provisions of this Law, and have the right to demand punitive damages of up to twice the losses suffered.
Lawyer Fan Dandan's profile
Partner lawyer of Zhejiang Xingjia Law Firm, lawyer mediator of Nanhu District, especially good at marriage, family and contract disputes. He has handled a large number of marriage and family cases and economic dispute cases, striving for the maximum interests of the parties.