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There is a stop to infringement, eliminate the impact, and apologize.
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First, if the consumer's right to health is violated, that is, if the consumer or other victim is physically injured, then the responsibility of the operator is: to pay medical expenses, nursing expenses during the first period, income loss due to lost work, etc., and if the disability is caused, it shall also pay the disabled person's living self-help expenses, living allowances, disability compensation, and the necessary living expenses of the person supported by him; where a crime is constituted, criminal responsibility is pursued in accordance with law.
Second, if the consumer's right to life is violated, that is, the consumer or other victim is decided, then the operator shall bear the expenses such as funeral expenses, death compensation, and necessary living expenses for the deceased's supporters; where a crime is constituted, criminal responsibility is pursued in accordance with law.
Third, where consumers' personal dignity or personal freedom are violated, the infringement shall be stopped, reputation restored, impact eliminated, formal apologies made, and losses compensated.
Fourth, where the property rights of consumers are infringed, civil liability shall be borne in accordance with the requirements of the consumers by means such as repairing, remaking, replacing, returning, making up the quantity of goods, refunding the price of goods and services, or compensating for losses.
Fifth, if the proprietor does not agree to provide goods or services, it shall perform the agreement or return the advance payment in accordance with the consumer's requirements; and shall bear the interest on the advance payment and the reasonable expenses that the consumer must pay.
Sixth, where business operators defraud consumers, they shall, at the request of consumers, increase the compensation for the losses suffered, and the amount of the increased compensation shall be double the price of the goods purchased by the consumers or the cost of the services received.
1. The main circumstances of infringement of consumer rights and interests.
1) The goods produced or sold do not meet the requirements for ensuring the safety of persons and property;
2) Doping or adulteration in goods, passing off fake goods as genuine, shoddy goods, or passing off substandard goods as qualified goods;
3) Commodities that have been eliminated by the country of production or goods that have become invalid or deteriorated are sold;
4) Falsifying the origin of goods, forging or fraudulently using the factory name and address of others, forging or fraudulently using quality marks such as certification marks and famous marks;
5) The goods sold should be inspected or quarantined but not inspected or quarantined, or the results of inspection or quarantine are falsified;
6) Making misleading false publicity about goods or services;
7) Deliberately delaying or unreasonably refusing the consumer's request for repair, rework, replacement, return, replenishment of the quantity of goods, refund of payment and service fees, or compensation for losses;
8) Infringing on consumers' personal dignity or infringing on consumers' personal freedom.
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According to Article 52 of the Copyright Law, civil liability for copyright infringement includes stopping the infringement, eliminating the impact, making a formal apology, and compensating for losses. Compensation for Shanshan's losses may be determined in accordance with the provisions of Article 54 of the Copyright Law.
Paragraph 1 of Article 179 of the Civil Code stipulates that the main ways to bear civil liability are:
1) Cease the infringement;
2) removal of obstructions;
c) eliminate the danger;
4) The return of property is in the process of being transferred;
5) restitution;
6) Repair, rework, and replacement;
vii) continued performance;
8) Compensation for losses;
9) Payment of liquidated damages;
10) Eliminate the impact and restore reputation;
11) Apologize.
Article 52 of the Copyright Law.
1) Publishing a work without the permission of the copyright owner;
2) Without the permission of the co-authors, publishing a work created in collaboration with others as a work created by oneself alone;
3) Signing the works of others without participating in the creation of works for the purpose of seeking personal fame and wealth;
4) Distorting or tampering with the works of others;
5) Plagiarizing the works of others;
6) Without the permission of the copyright owner, the work is used by means of exhibiting or filming audiovisual works, or the work is used by means such as adaptation, translation, or annotation, except as otherwise provided in this Law.
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1) Where business operators provide goods or services that cause personal injury to consumers or other victims, they shall pay medical expenses, nursing expenses during the first period, income loss due to lost work, and other expenses, and if disability is caused, they shall also pay expenses such as self-help appliances for disabled living, living allowances, compensation for the disabled, and necessary living expenses for the persons supported by them.
2) Where business operators provide goods or services that cause the death of consumers or other victims, they shall pay funeral expenses, death compensation, and necessary living expenses for those who were raised by the deceased during his lifetime.
3) Where business operators infringe upon consumers' personal dignity or personal freedom, they shall stop the infringement, restore the reputation, eliminate the impact, make a formal apology, and compensate for losses.
1) Where proprietors provide goods or services that cause damage to consumers' property, they shall, at the request of consumers, bear civil liability by means such as repairing, redoing, replacing, returning, making up the quantity of goods, refunding the payment for goods and services, or compensating for losses. Where consumers and proprietors agree otherwise, perform in accordance with the agreement.
2) The proprietor shall be responsible for repairing, replacing or returning the goods that are required by the state or agreed upon by the proprietor and the consumer to be repaired, replaced, or returned. If it still cannot be used normally after two repairs during the warranty period, the operator shall be responsible for replacing or returning the goods. Where consumers request the proprietor to repair, replace, or return bulky goods that are repaired, replaced, or returned, the proprietor shall be sentenced to bear reasonable expenses such as transportation costs.
3) Where business operators provide goods by mail order, they shall provide them as agreed, and if they fail to provide them as agreed, they shall perform the agreement or return the payment for the goods at the request of the consumers, and shall bear the reasonable expenses that the consumers must pay.
4) Where the relevant administrative departments determine that the goods are substandard in accordance with the law, and the consumer requests to return the goods, the operator shall be responsible for returning the goods.
5) Where a business operator commits fraud in providing goods or services, it shall increase the amount of compensation for losses at the request of consumers, and the increased amount of compensation shall be 1 time of the cost of purchasing goods or receiving services.
The basic characteristics of the consumer market are as follows: >>>More
Garbage Tuniu, I went from Chongqing to Jiuzhaigou for two days, 3060 a person, really a pit person, not including tickets, overlord terms, and no food, more expensive than going abroad, or what a special car, the driver is not a person, it is completely a fraud, more pit people than entering the store with a group, said that the fare is 200, but when it comes to giving money, it will be 280, he is Tibetan, and we dare not give it, specially pull us to buy rhodiola rosea in expensive places, speaking of altitude sickness to kill people, pharmacies generally a box of rhodiola 45, He brought it to 230, pit our money and let him buy medicine to eat, never to travel to Tuniu in the future, he had a good attitude before he paid the money, and he changed after paying the money, and he didn't care, what pit people Tuniu.com,
Consumers have the right to demand that the goods and services provided by the proprietors meet the requirements for protecting the safety of persons and property", and accordingly, consumers not only have the right to require the goods and services provided by the proprietors to meet the requirements of personal and property safety, but also have the right to require the proprietors to protect the safety of their persons and property when they purchase goods and receive services. >>>More