source: Xiaoxiang Morning News
source | Xiaoxiang Morning News
reporter | Shen Xiaoyi
Can brand direct counters also sell fake bags? On May 19, the news that the LV counter of Changsha International Financial Center offered consumers a refund of 10% and 30% for selling counterfeit goods shocked many consumers, who were worried about the authenticity of the goods they purchased. Xiaoxiang Morning News reporter learned that after the incident was disclosed, many more consumers went to the appraisal agency for inspection on May 20.
The sale of counterfeit goods at LV counters caused controversy
According to the referee document, Ms. Luo, who was involved in the incident of counterfeit goods sales at LV counters, purchased a handbag at the LV counter on the second floor of the International Finance Center on September 12, 2020. In June 2021, after the China Inspection and Certification Group Hunan Co., Ltd. issued an appraisal opinion, the handbag purchased by Ms. Luo did not meet the technical information and labor characteristics announced by the brand/manufacturer. The court held that Louis Vuitton stores should have clear incoming and outgoing lists and strict management procedures for receiving and selling goods, which can prove the time of receiving and selling goods, item number, buyer information, payment flow, etc., and should have Correspondence and recognisability, the recognizability of the goods sold should bear a greater burden of proof, but the LV counter did not submit corresponding evidence to prove it.
“When I saw the news last night, I quickly checked the online luxury goods appraisal methods. I compared the pictures myself. I couldn’t find any problems with the logo and hardware for the time being. I was going to do some homework to see which testing agency was reliable. , check it in detail," said Ms. Deng, a citizen of Changsha.
Netizen said, "Counters can sell fake goods, where can I buy genuine products in the future?" "Is this kind of counterfeit selling behavior going on for a long time? I have bought several bags, do I have to check them all?" Go get an appraisal right away, this is the chance to get rich!”
Consumers’ distrust of counters has also led to doubts about shopping malls. "IFC is positioned as a high-end store in Changsha, but it also sells fake goods." "I bought other brands of bags in the mall, will there be any problems?" "Will the mall and brand impose penalties on counters?"
html May 20 , the reporter called the International Financial Center about the matter, but was unable to get through because the line was busy.Some consumers brought dozens of packages for inspection
In this case, the appraisal opinion of China Inspection and Certification Group Hunan Co., Ltd. (hereinafter referred to as "CCIC Hunan") was one of the evidences submitted by the plaintiff, Ms. Luo. On May 20, many Changsha citizens went to the appraisal agency for inspection.
CCIC Hunan customer service staff told reporters that on May 20, there were many more consumers coming to submit for inspection than usual. Some consumers came to submit for inspection with multiple packages. “They were all dozens and dozens. Drag the ground this way." In addition, CCIC Hunan also launched a special course on Louis Vuitton bag identification in a timely manner on the "Naolaohu" mini program, priced at 520 yuan. As of press time, 736 people had paid.
reporter learned that CCIC Hunan’s appraisal fees are based on the pricing of the goods, 300 yuan for items below 10,000 yuan, 400 yuan for items between 10,000 yuan and 30,000 yuan, and appraisal fees ranging from 1,000 to 3,000 yuan for items above 100,000 yuan and below 1 million yuan. , charged at 1%, and the appraisal time is 3-5 working days. If it is urgent, the results will be available within 24-48 hours, but you will need to pay 50% more of the identification fee.
staff said that ordinary appraisals only issue appraisal opinions, which can be used as a basis for consumers to protect their rights; If they need to be provided as evidence in court, a special forensic appraisal report needs to be issued, and the fee starts at 2,000 yuan..
"Luxury goods appraisal by professional institutions mainly inspects logo, coding, metal, leather and other aspects, including lining, shoulder straps and other details." According to industry insiders, consumers need to polish their products when choosing an appraisal agency. It is best to send your eyes to a professional institution for examination. "Nowadays, many online appraisal platforms only allow people to take photos and then issue appraisal reports. This kind of appraisal report may have certain reference value, but it is not accurate enough because the photos have color difference, which will affect the judgment results."
Lawyer: You need to choose the relevant ones when submitting for inspection Li Xinan of Hunan Wanhe United Law Firm, an authoritative organization for luxury goods appraisal qualifications, said that luxury goods are often expensive, and most consumers are often unable to distinguish authenticity without the help of a third party.Therefore, if there is any doubt about the authenticity of the product, it can be sent to an authoritative appraisal agency with relevant luxury goods appraisal qualifications for inspection.
Article 55 of the " Consumer Rights and Interests Protection Law " stipulates that if an operator commits fraud in providing goods or services, it shall increase compensation for the losses suffered by the consumer at the request of the consumer, and the increased amount of compensation shall be for the consumer to purchase the goods. three times the price or the cost of receiving services; if the amount of increased compensation is less than five hundred yuan, it shall be five hundred yuan. If the law provides otherwise, such provisions shall prevail. If it is verified by an authoritative agency that the goods purchased by consumers are not produced by the brand company, the operator is suspected of consumer fraud and will bear the responsibility of "refund one and compensate three" according to law.
At the same time, Article 56 of the Consumer Protection Law also stipulates that if an operator has one of the following circumstances, in addition to bearing corresponding civil liability, if other relevant laws and regulations provide for the punishment authorities and punishment methods, the operator shall be punished in accordance with the laws and regulations The provisions of the regulations shall be implemented; if there are no provisions in laws and regulations, the industrial and commercial administrative department or other relevant administrative departments shall order corrections and may, depending on the circumstances, impose a warning, confiscation of illegal income, and impose a fine of not less than one time but not more than ten times of the illegal income, either individually or in combination. , if there is no illegal income, a fine of not more than 500,000 yuan shall be imposed; if the circumstances are serious, the business shall be ordered to suspend business for rectification, and the business license shall be revoked:... (2) Mixing or adulterating goods, passing off fake ones as genuine, and passing off substandard goods as good ones. , or substandard goods are passed off as qualified goods; it can be seen that if a merchant is suspected of defrauding consumers by passing off substandard goods as qualified goods, the market supervision and management department also has the right to impose corresponding administrative penalties.
recommends that consumers should not trust overseas purchasing agents and other methods when consuming luxury goods, and try to consume at qualified offline counters. In particular, it is important to keep shopping receipts, invoices and payment vouchers for future rights protection.
