February 17, Beijing Second Intermediate Court announced that, due to the purchase does not match the fabric and logo, Ms. Chen will be a silk company to court. On the 17th, the second court of the Second Intermediate People's Court ordered the silk company that sold the clothing involved to return Ms. Chen's 2,597 yuan payment to compensate Ms. Chen for 7,791 yuan; Ms. Chen returned three women's clothing.
On April 7, 2015, Ms. Chen spent 2,597 yuan on the silk company to buy three women's clothing, and the tag showed that the lining material was 100% polyester fiber. July 24, 2015, Shandong Province Textile Products Quality Supervision and Testing Center on Litigation merchandise in a dress issue number 2015F07374 of "test", stated "lining fiber content" test result is "polyester fiber 96.1% spandex 3.9%", "assessment" is "unqualified", "inspection and judgment basis" is FZ/T81004-2012; on the same day, the inspection and testing center issued the number two dresses in the complaints with the number 2015F07375 The inspection report stated that the test result of “fiber content of lining material†was “polyester fiber 96.0% spandex 4.0%â€, “assessment†was “unqualifiedâ€, and “test and judgment basis†was FZ/T81004-2012.
Ms. Chen sued the court of first instance and said that the actual composition of the clothing sold by the silk company did not match the labeling component, which constituted fraud. Therefore, the silk company was required to refund Ms. Chen’s purchase amount of 2,597 yuan, compensation for the economic loss of 7,791 yuan, and legal costs. The Silk Company recognizes that the ingredients marked on the label of the product in question do not conform to the actual content, but it claims that the component of the complaint is a low-grade fabric, and the actual composition is a high-grade fabric. In terms of fabric quality, the actual composition is better than the labeling component, and the raw material price and market price are sold. In terms of price, the actual composition is higher than the labeling component. Silk company sales do not constitute fraud.
After the court of first instance passed the trial judgment, the silk company refused to accept the appeal and appealed to the Second Intermediate People's Court.
The Second Intermediate People's Court held that the inspection report showed that the actual lining components of the goods involved were inconsistent with the label, and were unqualified commodities. The Silk Company also recognizes that the actual composition of the products involved does not match the label. When Ms. Chen purchased the goods in question, the silk company informed the product that the ingredients in the form of the goods were different from the actual ingredients of the goods, and it was determined that she deliberately concealed the truth from Ms. Chen. Ms. Chen made a purchase based on the label that the silk company showed to him. Ms. Chen now argues that the Silk Company’s sale of the goods involved constitutes fraud and requires that it be compensated for three times. Accordingly, the above judgment was made.
Law link:
Article 2 of the Law of the People's Republic of China on the Protection of Consumer Rights and Interests stipulates that consumers need to purchase, use or accept services for their daily consumption, and their rights and interests are protected by this Law. Article 55 of the Law of the People's Republic of China on the Protection of Consumer Rights and Interests stipulates that if the operator provides fraudulent acts in goods or services, it shall increase the compensation for the losses suffered by the consumers according to the requirements of the consumers, and increase the amount of compensation for the price of the goods purchased by the consumers. Or three times the cost of receiving the service. Article 68 of the Supreme People's Court's Opinions on the Implementation of the General Principles of the General Principles of the Civil Law of the People's Republic of China (Implementation) stipulates that if a party deliberately informs the other party of a false situation, or deliberately conceals the true situation and induces the other party to make a false expression, Can be considered fraud.
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