"Original import Ferrero" is a domestic sub-pack, was sentenced to refund one loss three.

Ms. Peng of Chongqing spent 4,752 yuan online to buy 4 boxes of "original imported chocolate", after receiving the goods found to be domestic sub-packed. In response to the false propaganda of the online shop, she first complained to the local market supervision authority, and then filed an off-site lawsuit with the court.
, the Shanghai Qingpu District Market Supervision Authority fined the defendant company 60,000 yuan and ordered it to eliminate the impact. Yesterday, Ms. Peng's off-the-go lawsuit has also come into effect, the defendant company "refund one loss three", refund the payment of 4,752 yuan, and three times compensation of 14,256 yuan.
Surprise:
"Original Import" packaging marked with domestic distributors
On July 2, 2015, Ms. Peng opened ferrero's official flagship store in Tmall Mall in Shanghai Trading Co., Ltd. (the "Trading Company") and purchased 4 boxes of "Italian Ferrero Chocolate Food ImportEd Snack Box 576 Wedding Sweets" for a total price of 4,752 yuan.
evidence cited by Ms. Le Pen, the online store's promotional content at the time was "original imports," "Italy's top pure handcrafted," "100% traditional Italian craftsmanship," "100% from Europe" and so on.
the goods arrived, Ms. Peng found that the top of the chocolate box was marked "China Sub-packer: a branch of Shanghai Storage and Transportation Co., Ltd.;
peng received the product packaging also indicated that it was sent by courier from the trading company, angry that she decided to defend the rights in accordance with the law.
Complaint:
Cross-site complaints, trading companies were fined 60,000 yuan
On December 7, 2015, the Shanghai Qingpu District Market Supervision Bureau issued the "Administrative Penalty Decision" shows that: from the end of March 2015, the trading company in Tmall online shop published "Ferrero fruitweed chocolate 576 grains" merchandise advertising and began to sell. Trading company in the promotional content using "original import", is actually by a Shanghai Storage and Transportation Co. , Ltd. a branch of the sub-assembly, not the original import. The company's actions violate the provisions of Article 9, paragraph 1, of the Anti-Unfair Competition Law of the People's Republic of China and are misleading false propaganda. The company was ordered to stop publishing and make public corrections, to stop illegal acts and eliminate the effects, and to pay a fine of RMB60,000.
:
to defraud consumers, the court ruled to refund one
, Ms. Peng believes that the trade company's behavior is consumer fraud. Since then, she has sued the Chongqing Yuzhong District People's Court to order the trading company to refund the payment of 4,752 yuan, and three times the compensation of 14,256 yuan.
's appeal was quickly echoed. In the present case, the presiding judge found that the description of the "Italian Ferrero Chocolate Imported Snack Box 576 Wedding Sweets" item sold by the trading company at Ferrero's official flagship store in Tmall Mall was misleading and constituted fraud against consumers. The court ruled in the first instance that the defendant trading company should refund the purchase price of 4,752 yuan and triple the compensation of 14,256 yuan. The judgement was made public and came into effect yesterday because no one from the defendant's company appeared in court to answer the case. Our reporter Zhang Xu
News depth
online shopping commodity rights tips
when online shopping goods encountered fake goods, with the business theory was unjustified refusal to do? Chongqing Liaolan Law Firm Director's lawyer Tan Wei teaches you online shopping rights:
sponsoth attention to the shopping process
1. Verify transaction business information (unit full name, mobile phone number, etc.);
2. Save online purchase transaction vouchers (payment electronic vouchers, courier orders, etc.);
3. Notes on the details of purchased goods (commodity quality, unit price, materials, etc.);
4. Sign-off goods must be on-the-spot acceptance, valuables collection process can be video.
the process of multi-evidence
found problems through the online shopping platform, consumer associations or business registration of the Trade and Industry Bureau complaints and keep a record of complaints.
litigation jurisdiction has the skill
. 1. According to the existing legal provisions, litigation a result of a contract dispute shall be brought under the jurisdiction of the court of the defendant's place of residence or the place of performance of the contract;
2. In conjunction with the judicial interpretation of the provisions of the law, "where a contract of sale is concluded in the form of an information network and the subject is delivered through the information network, the place of performance of the contract shall be the place of performance of the buyer's residence";
3. In accordance with the provisions of "where the subject is delivered by other means, the place of receipt is the place of performance of the contract", the buyer may choose to sue the court of his or her domicile or place of receipt.