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1. Just learn a lesson, if the amount defrauded exceeds 4,000, you can go to the police, and the police station will also file a case.
Second, first, contact the network customer service or administrator, delete the ** information, collect evidence and report to the complaint and report forum to complain and report, and second, post to let more people know, so as not to be fooled by others again.
Third, the alarm handling of a large amount (the small amount will generally not be filed).
How to reduce online wholesale scams.
Now more and more merchants choose to buy online, online wholesale is convenient and fast, but a little careless, the probability of being deceived is also very large: there is the wrong version of the goods, the goods received are inconsistent with the online **; There are also those who are purely defrauded, who are deceived of money and do not receive goods, and there are many similar examples. How can I avoid being scammed?
In fact, as long as you are a little more careful, you can reduce the probability of being scammed.
1. Insist on looking at the real shot, you are not buying a thing, you are here to wholesale, the model is beautiful, but it is impossible to come to your store The customers are all models, it is best to find a business with a real shot honestly.
2. Look at the details more, ** will not spend so much effort to do so many details for you, the details can best show the real goods, so you must find a merchant with a detailed picture when wholesale online.
3. Communicate more with the business, ask some details and topics within the industry, and generally you will not know so much.
4. The network is transparent, you only need to add the other party's store name to the word ** in other search engines, as long as there is a stain** can basically be seen, if not, then the description is reliable. But just searching is still not enough, we must learn to analyze, because the malicious slander of some competitors cannot be ruled out.
5. The most important step, as long as you often shop online or batch online, try to use third-party payment platforms such as Alipay for the first transaction, which is the safest method. As long as the goods are not available, they will never lend, unless they are openly robbed, or they are absolutely safe.
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Legal analysis: There are two situations of joining and being defrauded, one is to find out that you have been deceived before signing the contract after paying the money, and the other is to find out that you have been deceived after signing the contract. After paying the money, I found out that I had been deceived before signing the contract:
1. Defend your rights through litigation. First, the provisions of the Criminal Law stipulate that the act is suspected of the crime of fraud, and when the amount is relatively large, it is necessary to bear criminal responsibility in accordance with the law. Second, collect evidence and report to the police immediately!
2. Through reporting and complaining in the industrial and commercial department. After signing the contract, it is found that it has been deceived: before the expiration of the franchise period, it is possible to request the termination of the contract, and if it can be proved that the franchise headquarters has fraudulent intentions, it can also be considered to request the people's court to revoke the contract.
The legal consequence of terminating the contract is generally to refund the franchise fee for the unfulfilled part, and the part of the franchise that has been performed should not be refunded, unless it can be proved that the headquarters constitutes a fundamental breach of contract and cannot achieve the purpose of the contract before the franchise fee can be refunded in full. The legal result of revoking a contract is generally a full refund of the franchise fee, because the contract that has been revoked in accordance with the law is invalid ab initio, and of course the franchise fee must be refunded.
The request for rescission of the contract must be made before the expiration of the contract, and the sooner the request is submitted, the larger the amount, and the request for the court to terminate the contract near the expiration of the contract will generally not be supported, and the request for rescission of the contract must be filed within one year after the contract is signed, otherwise it will not be protected by law.
Legal basis: "Supreme People's Court and Supreme People's Procuratorate Interpretation on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Fraud" Article 1: Where public or private property is defrauded with a value of 3,000 to 10,000 RMB, 30,000 to 100,000 RMB, or 500,000 RMB, it shall be respectively found to be "a relatively large amount", "a huge amount", or "an especially huge amount" as provided for in Criminal Law article 266.
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How to deal with the contract that has been fraudulently signed by the franchisee: 1. Negotiate with the franchisee to request the termination of the contract and the return of the franchise fee; 2. If the negotiation fails, you can report and complain to the industrial and commercial department, or submit a request to the court to cancel the contract as soon as possible within one year after the contract is signed, and require it to return the franchise fee in full.
[Legal basis].
Article 148 of the Civil Code of the People's Republic of China: Where one party uses fraudulent means to cause the other party to carry out a civil juristic act contrary to its true intentions, the defrauded party has the right to request the people's court or arbitration institution to revoke it. Article 149:Where a third party commits fraudulent conduct, causing one party to carry out a civil juristic act contrary to its true intentions, and the other party knows or should know of the fraudulent conduct, the defrauded party has the right to request that the people's court or arbitration body revoke it. Article 157:After a civil juristic act is invalid, revoked, or determined not to be effective, the property acquired by the actor as a result of that act shall be returned; where it cannot be returned or it is not necessary to do so, compensation shall be made at a discounted price.
The party at fault shall compensate the other party for the losses suffered thereby; Where all parties are at fault, they shall each bear corresponding responsibility. Where the law provides otherwise, follow those provisions.
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If you are deceived after signing the franchise contract, you can deal with it in the following ways: you can terminate the contract in accordance with the law or request the people's court to revoke the contract, and require the other party to refund the franchise fee; If the parties suffer losses due to the performance of part of the contract and the performance of the fraudulent franchise contract, the other party can be required to compensate accordingly.
[Legal basis].
Article 224 of the Criminal Law of the People's Republic of China: Whoever, for the purpose of illegal possession, defrauds the other party of property in the course of signing or performing a contract, and the amount is relatively large, is to be sentenced to up to three years imprisonment or short-term detention and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property.
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Legal analysis: 1. Try to resolve it through negotiation.
2. If the negotiation fails, you should seek the help of a lawyer, collect favorable evidence as soon as possible, and get back your own franchise fee through a lawsuit.
3. In view of some particularly serious circumstances, according to the provisions of the Criminal Law of our country, where the conduct is suspected of the crime of fraud, and when the amount is relatively large, it is necessary to bear criminal responsibility in accordance with law, it may be reported to the case for handling.
Legal basis: "Criminal Law of the People's Republic of China" Article 222: Where advertisers, advertising agents, or advertisement publishers violate state provisions by using advertisements to falsely advertise goods or services, and the circumstances are serious, they are to be sentenced to up to two years imprisonment or short-term detention and/or a fine.
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Legal analysis: 1. Try to resolve it through negotiation.
2. If the negotiation fails, you should seek the help of a lawyer, collect favorable evidence as soon as possible, and ask Sun Kuanyin to return his own franchise fee through a lawsuit.
3. In view of some particularly serious circumstances, according to the provisions of the Criminal Law of our country, if the act is suspected of the crime of fraud, and when the amount is relatively large, the department needs to bear criminal responsibility in accordance with the law, it may be reported and handled.
Legal basis: Criminal Law of the People's Republic of China Article 222: Where advertisers, advertising agents, or advertisement publishers violate state provisions by using Guangqiao bureau notices to falsely advertise goods or services, and the circumstances are serious, they are to be sentenced to up to two years imprisonment or short-term detention and/or a fine.
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Legal Analysis: Rights Asserted Through Litigation. 1. According to the provisions of the Criminal Law of our country, the act is suspected of the crime of fraud, and when the amount is relatively large, it is necessary to bear criminal responsibility in accordance with the law. 2. It is recommended to collect evidence and report to the police immediately.
Legal basis: "Criminal Law of the People's Republic of China" Article 266 Where public or private property is defrauded and the amount is relatively large, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property.
Why were you deceived, what are you talking about being deceived, what is going on to be deceived by the person who sells computers, how is it to get drip, if you can confirm that you have indeed been deceived. Then go to the person who sells computers to you Diren or the computer city, and go to him with the relevant evidence. >>>More
What should I do, can I get it back?
What should I do, can I get it back? >>>More
Call the police, do you have any evidence.
It's really hard to talk about this kind of thing now. There are fewer people who are doing things solidly. Sympathy! Let's talk about the advice, I hope it will help you. >>>More
You need to call the customer service staff, and then contact the seller, or you can also report the case through legal means, and you must be able to inquire about the basic situation.