Zhejiang market supervision issued a typical case of consumer rights protection in 2018

Beauty salon project unknown price, illegal will sell to deceive the elderly consumers, oriental melon seedlings can not produce "Oriental honey melon", second-hand Mercedes-Benz car is really an accident vehicle, using other production license to produce red sugar ... On March 13, the Zhejiang Provincial Market Supervision Bureau announced the top ten typical cases and case reviews for consumer rights and interests protection in 2018.
these ten cases exist in different areas of consumption, representative, the market regulatory authorities hope that through typical cases and case reviews to let businesses as a warning, so that consumers to raise awareness of rights.
Case I Beauty Salon Price Fraud Case "Case Profile" The former Hangzhou Municipal Price Bureau, the Uptown Price Bureau reported according to consumer complaints, located at 146 University Road, Shangcheng University Road, "Still Learning" beauty salon inspection, found that the parties Hangzhou Shang Xue Beauty And Hair Management Co., Ltd. to provide consumers with some services, there is an illegal code price, some of the service items marked "original price", "special price" and other no actual sales record, and provide the relevant price fraud.
The former Hangzhou Municipal Price Bureau shall, in accordance with the relevant provisions of Article 40 and Article 42 of the Price Law of the People's Republic of China, Article 7 and Article 13 (1) of the Provisions on Administrative Penalties for Price Violations, fine 202,000 yuan for any illegal act of price and price fraud committed by Hangzhou Shang Xue Beauty and Beauty Management Co., Ltd.
Case Review: The price of beauty salons shall be set independently by the operator and market-adjusted, but the operator shall do a good job of marking the price according to the regulations, reasonably set the price, and shall not make up the original price.
the original price, special price, etc. must have a real basis, otherwise it will constitute fraud against consumers, will be severely punished.
Case II Illegal sales to deceive elderly consumers "Case Profile" Ningbo Xiangshan County Market Supervision Bureau received a report that someone in Xiangshan County Dingtang Town Watou Village to carry out marketing activities, the scene gathered nearly 300 elderly people.
After investigation, the parties should be a certain, Huang a certain south of Tongnanya Textile Co. , Ltd. name, fictitious "50 million profit promotion, slow-link thousands of counties thousands of towns home textile rural Huimin project designated products" and other publicity content, through the distribution of eggs and other gifts, to attract the elderly to attend the meeting, and on-site publicity of its sales of cloud blankets, duvets, etc. have the effect of improving sleep quality, beneficial cervical health and so on, so as to induce consumers to buy.
the above products are purchased and packaged by the parties themselves, it is three no products.
The Market Supervision Bureau of Xiangshan County, Ningbo City, shall, in accordance with the provisions of Article 8, paragraph 1, of the Anti-Unfair Competition Law of the People's Republic of China, fine the parties 200,000 yuan for illegal sales and false propaganda by a certain party or Huang.
with the continuous improvement of people's living standards, people's quality of life requirements are getting higher and higher.
But rural consumers, especially the elderly consumers because of a single source of information, information access asymmetry and other reasons, lack of awareness and judgment of the product itself, coupled with illegal marketing organizers often seize the elderly greedy for small cheap psychology, to small favors as bait, through God's false propaganda step by step to induce consumers to trade with them and profit.
The newly revised Anti-Unfair Competition Law of the People's Republic of China has stepped up efforts to crack down on false propaganda and is a powerful weapon in maintaining the normal business order of the market.
case III Furniture store infringement of personal information On July 17, 2018, Jiaxing Pinghu City Market Supervision Authority conducted an on-site inspection of the Pinghu City When Lake Street Skonsin Furniture Store at 792 South West Road, Pinghu City, and found a total of 237 pages of 10,000 pages of personal information information of the owners of a number of properties in the front desk folder of the store.
personal information includes personal name, telephone number, address of property, etc.
, the parties concerned, in order to extend the customer, obtain and use the above-mentioned personal information without the individual's consent.
Article 11 (1) (1) and (3) of the Measures for Punishment of Violations of Consumer Rights and Interests of the Market Supervision Bureau of Pinghu City, Jiaxing City, shall result in a fine of 100,000 yuan for the illegal act of collecting and using consumer personal information and sending commercial information to consumers without their consent or request.
With the development of the times and the progress of science and technology, the problem of the disclosure of citizens' personal information has become more and more serious, and the protection of personal information has been paid more and more attention by the society and the public, which also makes the law enforcement departments increasingly demand the supervision and handling of such incidents.
shall lawfully collect and use consumer personal information and shall not infringe upon the right of consumers to protect personal information, and shall be punished accordingly if there is a violation.
Case IV Honey melon seeds doped fraud case (Case Profile) In March 2018, Taizhou City, Sanmen County Puba Port Market Supervision and Management Office received five complaints from farmers, said that in Taizhou Yibang Agricultural Capital Co., Ltd., Sanmen County, the professional fruit and vegetable cooperative and individual household leaves somewhere to buy Oriental honey melon seeds, but some of the seedlings are not Oriental honey melon seedlings, suspected of seeds problems.
after investigation, the batch of seeds for the above three seed operators at the end of 2017 to some seed companies in Xinjiang to buy 30 kg, reassembly and sold to farmers a total of more than 2,700 packets of seeds, involving more than 80 households more than 800 acres of melon fields.
February 2018, farmers in accordance with the requirements of breeding seedlings found that the seedlings have about 10-15% of the seedlings are not oriental melon seedlings, direct economic losses of more than 60 million yuan.
after the manufacturer confirmed that the 10-15% of the melon seedlings for the Western Zhou honey melon seedlings, from the factory check the reason found that the manufacturers in the drying process, accidentally in the oriental honey seeds mixed with the seeds of the Western Honey.
the results of the processing, due to the large amount involved, taizhou City, Sanmen County Market Supervision Bureau called xinjiang seedling company, Puba Port local seed operators, farmers' representatives to carry out mediation.
After many mediations, the Xinjiang seeding company fully refunded the seed amount of 1675 million yuan, an additional compensation of 518,000 yuan, Puba port three local seed operators to compensate farmers another 100,000 yuan.
if a consumer's legitimate rights and interests are damaged when he buys or uses a commodity, he may seek compensation from the seller or producer.
case, due to the large number of farmers involved and large economic losses, liability should be shared between seedling companies and seed operators.
Case V Second-hand car transaction infringement of consumer rights and interests case "Case Profile" Ningbo City Luzhou District Market Supervision Bureau directly under the consumer complaints, said that it in Ningbo City Car Yixuan Automobile Services Co., Ltd. to buy a second-hand Mercedes-Benz car, and then found as an accident vehicle, asked to return the car was refused.
, April 12, 2018, Zhangzhou District Market Supervision Bureau jointly investigated by the Public Security Department.
investigation, the parties in advance knew that the vehicle involved in the girder correction, airbag ejection, replacement of the water tank accident and maintenance information, did not explain to the consumer.
by the vehicle judicial identification, the vehicle involved in the case has a safety hazard, for the accident vehicle.
, the parties and the original owner returned 310,000 yuan of consumer car purchase, appraisal fees, etc., and handled the procedures for returning the car.
The provisions of Article 6 (8) of the Measures for Penalties for Violations of Consumer Rights and Interests, the Market Supervision Bureau of Zhangzhou District of Ningbo City shall fine consumers 90,000 yuan for misleading consumers by concealing information of great interest to consumers.
In recent years, the second-hand car market transaction chaos highlighted, frequent disputes, some operators or through the publication of false propaganda information to deceive consumer deposits, or through the signing of overlord contracts leading to consumer rights difficulties, or tampering with the concealment of vehicle information and other acts infringe on consumer rights and interests.
, equality, fairness and good credit shall be followed when conducting transactions between operators and consumers.
consumers in the second-hand car transactions also improve their awareness of rights protection, avoid greed for a while small profits.
case six Tourist attractions tour guide high rebate case (case profile) January 20, 2018, Zhoushan City Market Supervision Bureau Putuoshan Branch law enforcement officials located in Zhoushan City Putuoshan Puji Road 255 booth inspection, found that Li, Zhang a certain in the operation of suspected commercial bribery, suspected of administrative violations.
Li, Zhang, a certain has no legal and valid business license, from April 2017, in Zhoushan Putuoshan Puji Road, 100-step sand kiosk engaged in incense sticks, candles and other merchandise sales and business activities.
The parties adopt the business mode of paying 40%-50% of the transaction amount of the tourists' purchases of their goods as a rebate to the tour guide, inducing the tour guide to continue to take the tourists to the parties' business premises, in order to obtain trading opportunities and increase the sales of goods.
to January 20, 2018, the parties concerned used the above-mentioned methods to sell incense bars, candles and other commodities operating a total of 259,000 yuan, illegal income of 201,000 yuan, of which 126,000 yuan for tour guide rebates.
(Processing Results) The Putuoshan Branch of the Zhoushan Municipal Market Supervision Bureau, in accordance with Article 7 of the Anti-Unfair Competition Law of the People's Republic of China, confiscates illegal gains and fines 150,000 yuan for the acts of engaging in sales and business activities without a license and using property means to bribe tour guides for trading opportunities or competitive advantage.
Article 7 of the Anti-Unfair Competition Law of the People's Republic of China stipulates: "The operator shall not bribe the following units or individuals by property or other means in order to obtain trading opportunities or competitive advantages: (3) the units or individuals that use their power or influence to influence the transaction."
" scenic spot merchants in the form of kickbacks to deceive touts is illegal.
the vast number of business operators to improve legal awareness, through improving product quality, optimize the level of service in good faith management, expand the market. case
Case 7 Real estate construction company infringement of the exclusive right to use registered trademarks "Case Brief" Lishui City Songyang County Market Supervision Bureau received a report, reflecting that Shanghai Zhongyuan Construction Engineering Co., Ltd. Copper Tomb Branch in Songyang County Riverside Project B land commercial residential housing project hydropower installation using counterfeit trademark spiral silence pipe and PVC building drainage pipe.
Law enforcement officials according to the report of Songyang County Riverside Project B land commercial residential housing project inspection, the scene found that there are PVC spiral silencer pipe 94, PVC building drainage pipe 520, are marked with and trademarks, involved in the operation of more than 33,000 yuan.
the above-mentioned pipes by Zhejiang Zhongcai Pipeline Technology Co., Ltd., are infringing the company's registered trademark exclusive rights of goods.
The Songyang County Market Supervision Bureau of Lishui City, in accordance with Article 60 of the Trademark Law of the People's Republic of China, confiscates 94 PVC spiral silencers, 520 PVC building drainage pipes and fines 150,000 yuan for infringements by the parties.
investigation and prosecution of this case, warning operators to infringe on other people's registered trademarks by improper means, to obtain high illegal profits, will pay a heavy illegal price, by the law due sanctions.
real estate developers should strictly control the purchase of building materials, the existence of security risks of counterfeit and inferior building materials firmly said "no."
at the same time, the vast number of consumers in the purchase of real estate, should also pay attention to check the quality of goods, in order to prevent damage to rights and interests.
Case 8 Case Return Dispute ( Case Brief ) On January 30, 2018, Mr. Lin complained to the Wenzhou Dongtou District Market Supervision Administration that he had purchased a Sichuan Auto Mustang T80 vehicle worth more than 140,000 yuan through an installment loan from Dongtou Haoteng Automobile Sales Co., Ltd. in Wenzhou City in September 2017.
a few days after driving, the transmission was found to be unusual, and the merchant repaired the vehicle.
, the car has changed gearboxes twice but the problem remains unsolved.
January 30, 2018, the vehicle was driving 29,300 kilometers, and after the same problem occurred again, the consumer negotiated with the merchant to withdraw the car was refused.
to the complaint, the consumer had paid $345,000 for loans and other expenses.
The Dongtou District Market Supervision Bureau shall organize mediation in accordance with Articles 20, 25 and 17 of the Regulations on Responsibility for Repair, Replacement and Return of Household Automobile Products and Article 27 of the Zhejiang Provincial Law on the Protection of Consumer Rights and Interests.
the final consumer car was refunded, the operator returned the consumer loan capital of 155,000 yuan.
: The Sichuan Motor Mustang T80 purchased by consumers is less than two years old, has a range of less than 50,000 kilometers, and is within the validity period of three packages of automotive products.
and the vehicle transmission replacement more than two times still has problems, the operator should be in accordance with the requirements of consumers to replace the vehicle or return, and in accordance with the law to compensate for the loss.
case 9 Production of red sugar with a food production license On April 23, 2018, Yiwu City Market Supervision Bureau received a report that the residence is located in Yiwu City Yiting Town, 65 Huyixi Road, the production address is located in Yiwu City Yiting Town, Baitatang Village Supply and Marketing Association red sugar processing demonstration base Yiwu City Supply and Marketing Food Co., Ltd. inspection.
site inspection found that on the shelves of the company's production site, there is a label "Production date: 2017/11/28;
the parties unauthorized Yiwu Yiting Town supply and marketing food factory production license (QS330724010064) for Yiwu City Supply and Marketing Food Co., Ltd. production of Yiwu red sugar product labels, suspected of selling labels containing false content Yiwu red sugar.
in accordance with Article 125 of the Food Safety Law of the People's Republic of China, the Yiwu Market Supervision Bureau shall confiscate the illegal proceeds and fine 59,000 yuan for the production and sale of Yiwu red sugar with false contents.
"Case Review" red sugar is the first of Jinhua Yiwu Sanbao, with more than 700 years of long processing tradition.
years, with the rise of e-commerce, the continuous promotion of red sugar products, red sugar products have been sold throughout the country, the market demand for red sugar products is getting higher and higher.
manufacturers and sellers should raise awareness of laws and regulations in the field of food, standardize food packaging and labelling, and operate in good faith.
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