If we buy something and are deceived, is it a crime for the merchant? Can I make a claim?

Updated on society 2024-04-10
8 answers
  1. Anonymous users2024-02-07

    If the negotiation with the merchant fails, you can file a complaint with the consumer association or file a lawsuit.

  2. Anonymous users2024-02-06

    I think you should say hello before using it, if you say it's good, if you are not satisfied with the return, you should be able to. But if there is no such thing in the contract, it is difficult to say, for your own rights and interests, you had better run twice and go to the consumer association to ask

  3. Anonymous users2024-02-05

    This can be said to be an invalid contract, and if there is a lawsuit, it will definitely be won, but if they buy off someone, or what background they have, it is difficult to say.

  4. Anonymous users2024-02-04

    Can't get back! The contract is clear in black and white!

    There must be another article in it that says that the unfinished matters should be resolved through negotiation between the two parties!

    Why not just use their card.

    The maintenance will be better in the future.

  5. Anonymous users2024-02-03

    Legal Analysis: There is no need to be responsible for helping, unless it is intentional or grossly negligent.

    Legal basis: Civil Code of the People's Republic of China

    Article 148: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 that the people's court or arbitration institution revoke it.

    Article 149:Where a blind filial piety person commits fraudulent conduct, causing one party to carry out a civil juristic act contrary to their 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 institution revoke it.

    Article 150:Where one party or a third party uses coercion to cause the other party to carry out civil juristic acts contrary to their true intentions, the coerced party has the right to request that the people's court or arbitration body revoke it.

    Criminal Law of the People's Republic of China

    Article 192:Where fraudulent methods are used to illegally raise funds for the purpose of illegal possession, and the amount is relatively large, a sentence of between three and seven years imprisonment is to be given, and a concurrent fine is to be given; where the amount is huge or there are other serious circumstances, a sentence of 7 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property.

    Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the managers and other directly responsible personnel who are directly responsible for it are to be punished in accordance with the provisions of the preceding paragraph.

    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. Where this Law provides otherwise, follow those provisions.

  6. Anonymous users2024-02-02

    Legal basis: Criminal Law of the People's Republic of China Article 266 Where Wang Ye is defrauded of public or private property, 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. Where this Law provides otherwise, follow those provisions.

    There are four points that consumers should pay attention to when complaining:

    1. The handling of damage to the legitimate rights and interests of consumers is generally accepted in accordance with the scope of jurisdiction;

    2. When the Consumer Protection Committee fails to solve the problem, the consumer can ask the Consumer Protection Committee to make an appraisal of the damage and provide evidence;

    3. Consumers should choose to appeal or sue as soon as possible to protect their rights and interests;

    4. Consumers are the rights granted by law to appeal to the relevant administrative departments and to the people's courts.

  7. Anonymous users2024-02-01

    Legal basis: Article 266 of the Criminal Law of the People's Republic of China: 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, Xun Xiang is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and a concurrent fine; 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. Where this Law provides otherwise, follow those provisions.

    There are four points that consumers should pay attention to when complaining:

    1. The handling of damage to the legitimate rights and interests of consumers is generally accepted in accordance with the scope of jurisdiction;

    2. When the Consumer Protection Committee fails to solve the problem, the consumer can ask the Consumer Protection Committee to make an appraisal of the damage and provide evidence;

    3. Consumers should choose to appeal or sue as soon as possible to protect their rights and interests;

    4. Consumers complain to the relevant administrative departments and sue to the people's courts are the rights granted by law to consumers.

  8. Anonymous users2024-01-31

    When shopping in the store, as a buyer and the store, it is necessary to sign a written sales agreement, as a buyer and the store need to be in accordance with their obligations in accordance with the law, if there is a dispute can be protected in accordance with the law, then, can the store be sued? Let's take a closer look.

    OneWhether the store can be sued

    If there is a dispute with the store, as a party, you can file a lawsuit with the people's court in accordance with the law.

    IIDoes the refund affect the store?

    Refunds have an impact on the store. Stores with higher refund rates will be ranked lower and the weight of the store will be reduced. The dimensions that affect the weight of the store mainly include store after-sales and store level (transaction amount in the last 30 days).

    The after-sales problems and store level problems of the store directly determine the weight of the store.

    Although the refund rate has no direct impact on the after-sales weight of the store, it has a negative impact on the reputation of the store and the long-term development of the store. The way to reduce the refund rate is to control the refund rate from the service and product, and the main reason for consumer refund is that the product quality, style and other issues do not meet their psychological expectations. Therefore, the most important thing is to start from the product itself to solve the problem, for some high-quality buyers of the store, such as those with high reputation, strong consumption power, and often praise the store, you can explain and communicate through ** to reduce the refund rate of buyers as much as possible.

    The refund rate formed by the normal refund is only for your business reference, and it is not clearly used as a weight parameter. However, the refund of the dispute will have an impact, and the refund of the dispute will have an impact on the search of the product, the through train, and the sales activities of the store. As sellers, we must pay attention to controlling the dispute refund rate of the store, because there is a penalty for the case of a high refund rate for disputes, and it is not so simple as weight, the first item is to permanently freeze the delivery option, that is, the seller function of the penalized seller is completely lost and cannot be shipped.

    Therefore, we must pay enough attention to this data of the store.

    IIIWhat you need to consider when buying a store

    Understand the operation of the store: we need to check the **background: dynamic renewal; operating conditions; category authorization; violations; demotion of rights; loan status; after-sales and complaints; marketing restrictions; The company transfers the information, because we are not only buying the Tmall store, but also the company to which the store belongs.

    Therefore, we have to check the taxpayer qualification of Linghuqing Company; Subscription of registered capital; tax situation; Shareholders; Registered address; Annual Reports; Creditor's rights and debts. Understand the trademark situation, if it is a specialty store or franchise store, you need to understand the trademark authorization, if it is ***, you need to understand whether the trademark is held by the company. and the category to which the trademark belongs, if the trademark has graphics, it is necessary to confirm whether the graphics are copyrighted and obtain a copyright certificate from the seller.

    If there is a dispute with the store, as a party, you can file a lawsuit with the people's court in accordance with the law, and the people's court will also conduct a trial and issue a judgment in accordance with the law.

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