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Disputes are generally handled by special personnel, which are generally divided into customer service and special risk control departments, and general employees do not participate in the company's dispute resolution. If you are a customer service, according to your usual job responsibilities, sincere service on the line, if there is any problem directly to the company, if it is a risk control department, such as the legal department, it is necessary to formulate a risk prevention workflow for all kinds of disputes, deal with disputes in a timely and effective manner, always assess the legal risks arising from disputes, collect materials, and be ready to respond to litigation or take the initiative to file a lawsuit.
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First, find out whether the product is indeed the company's product and whether there is a suspicion of counterfeiting.
Second, if it is indeed the company's product, whether it is within the warranty period and within the warranty range.
Third, whether the quality of the product is the responsibility of the company or the responsibility of the transportation and seller, and whether it is caused by improper use by the customer.
Once the above matters are clarified, the problem can basically be solved.
Fourth, if the customer has complained to the relevant authorities (such as the Consumer Association) or filed a lawsuit with the people's court, it should pay attention to collecting evidence in favor of the company.
The credibility of the company is very important, and if it is indeed the responsibility of the company, it should compensate and apologize to the customer as soon as possible. Although it is not the responsibility of the company, if it compensates the customer and causes a small loss to the company, it can also take the initiative to compensate, which is conducive to the company's production and development. As the leader of the company, I definitely want to do the same.
Does my suggestion fit your mind?
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If there is indeed a problem with the product, you should apologize and compensate for the loss.
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It is normal for employees to have problems, and what we need to do as a manager is to reduce the problems of employees through management: First, we have to ask ourselves a few questions when there are quality problems with employees:
1. Is there a standard for operation?
2. Are employees with standards conscientiously implementing standards?
3. Is there a problem with the standard? This is the problem of emphasizing standards, first of all, we need to establish an implementation standard, and the establishment of standards should be accurate, effective, and unique; Secondly, employees should conscientiously implement our standards, and the standards should be implemented with uniqueness and accuracy; Second, the error-proofing of the operation process 1, is a person will make mistakes, this is inevitable, we managers to find a way to do error-proof, to ensure that the employee careless, after the mistake can not complete the task, or the task automatically stopped; 2. Don't always think about how good the employees are, but find a way to make our employees very simple to achieve our work requirements through management, and reduce the high requirements and high standards for employees' skills and energy.
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Contract Law of the People's Republic of China.
Article 113: Where one of the parties fails to perform its contractual obligations or its performance does not conform to the agreed obligations, causing losses to the other party, the amount of compensation for the losses shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract, but shall not exceed the losses that may be caused by the breach of contract that the party in breach of the contract foresaw or should have foreseen at the time of entering into the contract.
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According to Article 47 of the newly revised Product Quality Law, when a civil dispute arises due to product quality, the parties may adopt the following four ways to resolve it:
1) The parties may negotiate through negotiation.
The so-called "consultation" refers to the settlement of disputes between the two parties on the basis of facts, laws and policies on the basis of equality, voluntariness, mutual understanding and mutual accommodation. It should be pointed out here that the negotiation shall not contravene laws, regulations and social morality, the status of both parties shall be completely equal, and one party shall not use threats, intimidation and other means to coerce the other party to make an untrue decision against its own will, and at the same time, it shall not harm the legitimate rights and interests of a third party. The outcome of the negotiation needs to be consciously fulfilled by both parties, and if one of the parties reneges or does not fulfill the agreement, other solutions can be sought.
2) The parties may adopt the method of mediation.
"Mediation" refers to the voluntary submission of a dispute between the parties to a third party for mediation. Mediation can generally be divided into two types: civil mediation and mediation by state administrative organs. Mediation is also on the basis of equality, voluntariness, mutual understanding and mutual concession between the two parties, based on facts, laws and policies, the mediation results are not legally binding, and need to be consciously performed by both parties to achieve, if one of the parties repents or does not perform the agreement, the other party can only take other ways to solve.
3) If the parties are unwilling to settle the matter through negotiation or mediation, or if the settlement cannot be reached through negotiation and mediation, they may apply to the arbitration institution for arbitration in accordance with the arbitration agreement reached by the parties.
"Arbitration" refers to the activity of a national arbitration institution adjudicating a dispute in accordance with the agreement reached by the parties and in accordance with the procedures prescribed by law. From the above concepts, it can be seen that adjudication is different from negotiation and mediation in the following ways:
1. The premise of submitting to arbitration is that the parties must reach an agreement to submit to arbitration in advance;
2. The national arbitration institution must conduct arbitration in accordance with the arbitration procedures prescribed by law;
3. Once the arbitral award is made, it becomes legally binding on the parties, and each party must fully perform its respective obligations in full accordance with the provisions of the arbitral award, and if one party fails to perform the prescribed obligations, the other party may apply to the court for enforcement.
4) If the parties have not reached an arbitration agreement, they may file a lawsuit with the people's court.
Civil disputes arising from the quality of products shall be filed in accordance with the procedures stipulated in the Civil Procedure Law, and the people's courts shall apply the relevant laws to make judgments based on the facts of the disputes between the parties, and according to the provisions of the Civil Procedure Law of our country, civil litigation cases shall adopt the second-instance final adjudication system, and the parties may appeal to the court at the next higher level if they are not satisfied with the first-instance judgment of the court, and the judgment of the second-instance court shall be the final judgment, and if the final judgment is not enforced, the parties may request the court for compulsory enforcement.
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As long as the customer's needs are not met, the customer will definitely complain about you, and the principle of customer service is to protect the interests of both the customer and the company. If the quality problem is indeed recommended not to reply to the customer first, you can inform the customer that your problem is the first time I have encountered, I will feedback your problem to the headquarters, and give you a reply within 48 hours, and then immediately reflect the situation to the leadership or the relevant departments of the headquarters to give solutions. If it is not a product quality problem and there is no conflict with the consumer law, decisively inform the customer of the final solution.
Be sure to track in place, sometimes the customer service person may not be able to solve the customer's problem according to the customer's wishes, but as long as the tracking is in place and the feedback information is communicated with the customer in a timely manner, there is no problem with your responsibility.
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According to the actual situation, for quality disputes, if it is an infringement, the people's court at the place where the infringement occurred or where the defendant is domiciled shall have jurisdiction. If the quality dispute is a liability for breach of contract, the lawsuit arising from the contract dispute shall be under the jurisdiction of the people's court at the place where the defendant is domiciled or where the contract is performed. Article 28 of the Civil Procedure Law of the People's Republic of China provides that the people's court at the place where the infringement occurred or where the defendant is domiciled has jurisdiction over litigation arising from infringement.
Article 23: The people's court at the place where the defendant is domiciled or where the contract is performed has jurisdiction over litigation arising from contract disputes.
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