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Can I still pay for the fake found three years later?
Can I still pay for the fake found three years later?

It took three years to find out whether the fake goods can still be compensated. Buying fakes is definitely a bad shopping experience for consumers. Most consumers don't know how to defend their rights with the store and recover their losses. In fact, if they can get compensation for buying fakes, can they still get compensation for finding fakes three years later?

Can I still pay for the fake goods that have been used for three years? 1 If you buy a fake product and use it for three years, the consumer should keep the proof of purchase and complain if there is a proof.

The seller's behavior of selling fake goods belongs to fraud. Consumers may, according to the provisions of Article 49 of the Consumer Protection Law, lodge a complaint with the consumer association or bring a lawsuit to the court, and demand the seller to bear the responsibility of double indemnity. In the process of safeguarding rights, consumers should keep shopping vouchers, and if necessary, they can apply to relevant institutions for commodity quality appraisal, and the appraisal fee will be borne by the seller.

In addition, consumers can also complain to the administrative department for industry and commerce, or report the seller's selling fake goods to the public security organ. People's Republic of China (PRC) product quality law

Article 5 It is forbidden to forge or fraudulently use quality marks such as certification marks; It is forbidden to forge the origin of products, forge or falsely use the name and address of others; It is forbidden to adulterate and adulterate the products produced and sold, and to pass the fake off as the real one and pass the inferior one as the good one.

Article 10 Any unit or individual has the right to report any violation of this Law to the product quality supervision department or other relevant departments.

Product quality supervision departments and relevant departments shall keep confidential the informants and reward them in accordance with the provisions of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

Can you get the compensation you deserve if you buy fake goods?

1, as an ordinary consumer

If ordinary consumers buy fake goods, they can find that the goods are different from the goods they originally wanted to buy in terms of quality, material, performance and use, that is, the goods provided by merchants have quality defects. At this time, it can be considered that there is fraud in providing goods to operators, and corresponding compensation should be obtained according to relevant laws and regulations.

Specifically, consumers can claim the following compensation:

(1) When consumers buy fake goods of general commodities, they can ask the merchants to pay three times the price of the purchased goods according to the provisions of Article 55 of the Consumer Protection Law; If the increased compensation amount is less than that of 500 yuan, the merchant will directly compensate 500 yuan.

(2) When buying fake goods in the food field, consumers can claim the right of ten times the price of the purchased goods from the merchants according to Article 96 of the Food Safety Law.

2. Professional counterfeiters

However, the legal rights of professional counterfeiters who know and buy fakes are not completely equal to those of ordinary consumers, because professional counterfeiters make fakes for the purpose of making money, deliberately buy a large number of goods by taking advantage of the problem of expired goods or loopholes in goods, and then demand property compensation from merchants through counterfeiting. People who make a living by using the relevant compensation law are not consumers in the true legal sense, so this group may not be able to get compensation for inferior goods from merchants, and it is necessary to subdivide the types of goods they buy.

In practice, whether professional counterfeiters get corresponding compensation is handled as follows:

(1) Professional counterfeiters buy fakes in the field of general commodities, and there is no express provision that they can claim compensation;

(2) However, professional counterfeiters buy fake drugs or inferior food. According to the judicial interpretation of food and drug disputes issued by the Supreme Law on June 20 14, it is legal to claim that "buying fakes while knowing them". This regulation clearly states that "knowing and buying fakes" does not affect the rights of professional counterfeiters to their consumers, so professional counterfeiters who know and buy fakes in the food and drug field buy fakes.

3. Ways of safeguarding rights

After judging what kind of consumers you belong to, according to relevant laws and regulations, the ways to protect rights after buying fake goods are:

(1) 1. Keep valid evidence, negotiate with the merchants and ask them for compensation or return;

(2) If negotiation fails, you can call the Consumer Association to make a complaint;

(3) Furthermore, if the merchant insists on not paying compensation, he can bring a lawsuit directly to the court.

Can you still pay for the fake goods after 3 years? How to compensate for buying fake goods and how to protect your legitimate rights and interests?

When we buy things, many shops have slogans such as "fake one loses three", or some promises of returning goods and exchanging goods exist, but if we really buy fakes when we buy things, how can we protect our legitimate rights and interests?

1. According to the relevant provisions of China's Law on the Protection of Consumers' Rights and Interests, if a merchant conceals facts and cheats consumers when trading with consumers or providing certain services in daily life, it shall, after being discovered by consumers, be based on the actual losses and related needs of consumers and combined with the actual situation, the relevant losses caused to consumers by double indemnity.

2. The amount of upward compensation is generally stipulated to be 3 times the amount spent by consumers on buying fake and shoddy products in stores; If the specific increase does not exceed 500 yuan, it shall be calculated according to the standards of 500 yuan. Other laws and regulations have provisions on the amount of compensation, in accordance with the relevant provisions.

3. If the shop owner knew there were fakes before the products were sold, he didn't stop selling them in time. The fake and shoddy products sold have caused personal injury or death when consumers use them. Consumers have the right to claim medical expenses such as medical expenses, nursing expenses, transportation expenses and rehabilitation expenses. According to Article 49 of the Consumer Protection Law, stores should take it off the shelves. If the consumer can't go to work due to injury, he should also compensate for the related lost time until the person is disabled. If death is caused, funeral expenses and compensation shall be paid.

4. Article 51 The shopkeeper infringes upon the rights and interests of consumers by personal attacks or verbal insults. If it causes a serious blow to one's own spirit, the victim may require the merchant to make corresponding compensation according to law.

Finally, if consumers unfortunately buy fakes, they should pay attention to reasonable rights protection. Consumers can return goods directly to operators or sellers, which is the most convenient and time-saving way, and the success index is too low; Or find a consumer association to mediate, it is easier to claim compensation, which is more time-consuming and laborious; Or complain to the relevant administrative department, the process is long and the result is unpredictable; Or bring a lawsuit to the people's court, the procedure is complicated and the most secure.

Can I still pay for the fake goods that have been used for 3 years? What is the industrial and commercial punishment standard for selling fake goods?

First of all, seize and confiscate all fakes and destroy them centrally;

Secondly, confiscate the illegal income from selling fake goods;

Finally, a fine of more than 50% and less than three times the value of the counterfeit goods sold will be imposed.

Article 50 of China's "Product Quality Law" stipulates that those who adulterate products with fake products, pass off fake products as genuine products, pass off substandard products as qualified products shall be ordered to stop production and sales, the products illegally produced and sold shall be confiscated, and a fine of more than 50% and less than three times the value of the illegally produced and sold products shall be imposed; Illegal income, confiscate the illegal income; If the circumstances are serious, the business license shall be revoked; If a crime is constituted, criminal responsibility shall be investigated according to law.

Will you go to jail if you are caught selling fake goods?

Sellers are deceiving consumers by selling fakes, and consumers buy things they don't want, or get hurt in the process of using them. In order to recover the loss, they will expose the seller. Then, if the seller who sells fake goods is caught, he may face criminal punishment and go to jail.

First of all, it is illegal to sell fake goods. If the circumstances are serious and the amount is large, criminal responsibility shall be borne.

Moreover, according to the specific circumstances of the crime, the following penalties shall be accepted:

1. If the sales amount is relatively large, that is, the sales amount is more than 50,000 yuan, it shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined;

2. If the sales amount is huge, that is, the sales amount is more than 250,000 yuan, it shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.

Secondly, if the sales of fake goods do not reach the above amount, they will not bear the corresponding criminal responsibility, but they will accept the following penalties:

1, ordered to stop production and sales;

2. Confiscation of illegally produced and sold products;

3. A fine of more than 50% and less than three times the value of products illegally produced and sold will be imposed;

4. If there is illegal income, it shall be confiscated;

5. If the circumstances are serious, the business license shall be revoked.

Therefore, the seller who sells fake goods does not have to bear criminal responsibility, but should be determined according to the sales amount.

At present, local industrial and commercial departments are still making great efforts to check and crack down on counterfeit and shoddy products. Once you find that you are selling fakes, you will be punished accordingly. According to the product quality law, the specific industrial and commercial punishment standards for selling fake goods are generally ordered to stop production and sales, the products illegally produced and sold are confiscated, and a fine of more than 50% and less than three times the value of the illegally produced and sold products is imposed. However, it should also be noted that selling fake goods may actually violate the criminal law and constitute a crime.