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1. Consumer rights, also known as consumer rights and interests, are the collective name for the rights and interests of consumer subjects.
Consumer interests are composed of a variety of interest factors, mainly including material and economic interests, spiritual and cultural interests, safety and health interests, timeliness interests, environmental interests, etc. The legitimate rights and interests of consumers refer to the rights enjoyed by consumers and are governed by laws and regulations.
Confirmation of rights protected by laws and regulations.
The Measures for the Punishment of Consumer Fraud stipulate that any of the following acts is an act of defrauding consumers:
1. Selling adulterated, adulterated, fake as real, shoddy goods;
2. The quantity of goods or services sold by false or other improper means is insufficient;
3. Selling "processed products", "defective products" and other goods falsely claiming to be the best;
4. Selling goods at false clearance prices, fire sale prices, lowest prices, or other deceptive prices;
5. Selling goods by means of false commodity descriptions, commodity standards, physical samples, etc.;
6. Not selling goods with their real names or marks;
7. Employing others or other methods to induce deceptive sales;
8. Making false on-site demonstrations or explanations;
10. Using radio, television, etc. to make false propaganda about the value of goods; 10.defrauding consumers of advance payments;
11. Using mail-order sales to defraud the price without providing or not providing goods in accordance with the agreed terms;
12. Selling goods by means of false "prize sales" or "principal repayment sales".
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Where proprietors fail to fulfill their obligations to consumers to ensure safety, causing harm to consumers, they shall bear tort liability.
Article 49: Where proprietors provide goods or services, causing personal injury to consumers or other victims, they shall compensate for reasonable expenses such as medical expenses, nursing expenses, and transportation expenses, as well as the loss of income due to lost work. If the disability is caused, compensation shall also be made for the cost of disability living aids and disability compensation. If death is caused, funeral expenses and death compensation shall also be compensated.
Article 50: Where proprietors infringe upon consumers' personal dignity, infringe upon consumers' personal freedom, or infringe upon consumers' right to have their personal information protected in accordance with law, they shall stop the infringement, restore their reputation, eliminate the impact, make a formal apology, and compensate for the losses.
Article 5: Where business operators have conduct that infringes upon the personal rights and interests of consumers or other victims, such as insulting and defaming, searching their bodies, or infringing on their personal freedom, causing serious mental harm, the victim may demand compensation for mental damages.
Article 52: Where proprietors provide goods or services, causing damage to consumers' property, they shall bear civil liability such as repairing, remaking, replacing, returning, making up the quantity of goods, refunding the price of goods and services, or compensating for losses in accordance with the provisions of law or the agreement of the parties.
Article 53: Where business operators provide goods or services in the form of advance payment, they shall provide them in accordance with the agreement. where it is not provided in accordance with the agreement, the agreement shall be performed in accordance with the consumer's requirements or the advance payment shall be returned; and shall bear the interest on the advance payment and the reasonable expenses that the consumer must pay.
Article 54: Where consumers request the return of goods that have been determined to be substandard by the relevant administrative departments in accordance with law, the proprietors shall be responsible for returning the goods.
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 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.
Article 56: In any of the following circumstances, in addition to bearing corresponding civil liability, other relevant laws and regulations have provisions on punishment organs and punishment methods, follow the provisions of the laws and regulations; Where laws and regulations do not provide for it, the administrative department for industry and commerce or other relevant administrative departments shall order corrections, and may give warnings, confiscation of unlawful gains, and a fine of between 1 and 10 times the amount of unlawful gains, or where there are no unlawful gains, a fine of up to 500,000 yuan.
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