How should consumers protect their rights when they buy fake philips razors

In recent years, with the development of e-commerce and online payment, online shopping has become a part of daily life for many people. According to the latest data from the ministry of commerce, China's online retail transaction volume reached 5.16 trillion yuan in 2016, up 26.2% year on year. While everyone enjoys the convenience of online shopping, various online shopping traps are also frequent. Does the shop sell those "counter genuine goods" are reliable? Is it so easy to buy fake goods and protect our rights? Recently, the reporter of "news investigation" followed the experience of a consumer in xi 'an to see where it is difficult to protect the rights of online shopping.

Bought a fake razor on nov 11?

Mr. Jiang xian in shaanxi business mobile phone shop, in the last year "double a" shopping spree that on taobao bought a promotion of the philips shaver, thought that oneself through picked up a cheap electricity section, never think since more than half a year time, he struggled for it.

After more than a month of use, Mr. Jiang's new razor broke down, and when he went to the philips maintenance center to repair it, he found it was fake, which made him angry.

Online, the businessman to him again and again to ensure that the philips shaver is "counters quality goods", all these vowed the merchants keep on taobao wangwang chats, but he didn't expect, in the face of evidence merchants do not recognise not only, also bite back, think Mr. Jiang took his fake goods to cheat money.

Jiang and the merchant each hold a word, the reporter specially found this "electric shaver genuine goods shop" on taobao.com, and the two razors that are being sold inside the store are bought completely. After the goods arrived, reporters with unopened express delivery found the Beijing philips maintenance service center, trying to identify the authenticity of the two philips razors purchased in the store.

Soon after, philips maintenance staff confirmed that both razors were fake. But in the face of facts and evidence, the owner of the online store repeatedly stressed that what he issued was genuine goods and never sold fake goods. It was the attitude of the merchants that angered Mr. Jiang, in order to prove his innocence, he embarked on a tortuous and long road to rights protection.

You have to have a "fake certificate" to report fake goods, do you?

Because the communication with the merchants failed for many times, Mr. Jiang reported to taobao, hoping that the intervention of taobao platform can return a statement. For more than 7 days without reason return time limit, taobao customer service personnel via phone told Mr. Jiang, need him to provide four types of credentials that help him only after the purchased goods are fake rights:

1. Issue the chat record of the seller admitting to selling the fake;

2. The brand party and the manufacturer shall issue the official certificate to verify the authenticity;

Iii. Quality inspection report issued by the quality inspection department;

Iv. Written decision on administrative penalty issued by the industrial and commercial department.

Hearing the four juxtapositions, Mr. Jiang said it wasn't hard to prove that the razor was fake, even if the seller didn't admit to selling it.

Official repair shop: no identification report for consumers

He first came to xi 'an philips official maintenance center, by philips brand party hopes to issue a written voucher for him, help him to taobao rights protection, but let him surprise philips refused his request, the company said they will not be issued by the official report to individual consumers, mainly because there is no evidence to the third party storage, brand is difficult to monitor on subsequent, once consumers switched to identification of goods, will bring the subsequent rights more unnecessary trouble, so the company not to any personal issue a official written document.

The company's claims are incomprehensible to Mr. Jiang, who believes philips has an obligation to help consumers crack down on fakes on the market. For the protection of the accused Mr. Jiang xi 'an philips service center staff feel wronged, they believe that Mr. Jiang as consumers should not blindly pursue cheap, in the below website online purchase price is three times the counterfeit products, the price difference is obviously fake, they believe that Mr. Jiang is fake fake.

Mr. Jiang said is wrong, for many years engaged in mobile phone sales industry, he often encounter phone below cost to clear the inventory, he thinks very quickly in today's electronic products update iteration, the new philips razor emerge in endlessly, the low-cost sales promotion is not possible, and the electricity age different areas and different sources of supply of goods would bring prices differ in thousands ways, if use price as a standard of discern between true and false, it is possible to induce fake goods sold at high prices.

Under the repeated coordination, xi 'an philips service center only willing to Mr. Jiang online this blade is false words "fake philips" is written on the invoice, and cover the philips official stamp, but the certificate does not meet the requirements of taobao written proof requirements.

After the brand side wall, according to taobao for his next project, found his xian changan bureau of quality and technical supervision, hope to give him online pledges inspect bureau to a quality inspection report issued by the fake razor, but pledges inspect bureau tell Mr. Jiang, they are only responsible for processing line problem in the field of production, such as counterfeiting factories or black sites within the jurisdiction of blow, and the market circulation tube related things should be in the field of industrial and commercial bureau.

Further mentioned in Mr. Jiang, hopes to their online shopping makes a false razor, pledges inspect bureau deputy director told him that the consumer makes his own can be, but there is a strict product inspection, packaging is not opened, and the relevant evidence, and Mr. Jiang used this blade is belong to the old, obviously do not accord with standard of inspection. Therefore, the quality supervision department is unable to provide the proof of rights protection required by taobao.

Industry and Commerce Department: want to find the area that the shop or website is in, industrial and commercial department protects a right to call to report to file a case without progress

At present, according to taobao several rights given path, Mr. Jiang, the only hope is to help the ministry of commerce and industry when he found himself in the districts of xi 'an administration for industry and commerce changan office, the staff told him, the ministry of commerce and industry always follow the principle of the dependency of the regional management, because Mr. Jiang purchased goods online shop is not their jurisdiction, so Mr. Jiang can only go to taobao's rights of yuhang district bureau of industry and commerce.

Through the 12315 telephone yuhang industrial and commercial bureau, Mr. Jiang for this product is a complaint, calls out a week later, he received the yuhang industrial and commercial department's response has been filed, but today, no new progress after the case.

Mr Jiang thinks he is desperate for the two industrial and commercial departments to shuffle each other, and that xi 'an's industrial and commercial departments feel wronged. They told reporters that in the traditional offline entity economic relations, trade, warehousing together more, apanage management is one of the most convenient and effective measures for the administration, but over the years suddenly rise of e-commerce, has broken the original commodity system of the whole logistics and warehousing, business relationship is not limited to have industrial and commercial business license merchants to consumers that a form, a large number of individual businesses have sprung up on the Internet, warehousing and the separation of the seller, factory direct consumer, this give you life bring convenient at the same time, many new problems.

At present, local industrial and commercial departments are faced with difficulties in finding online businesses. Online businesses do not need business registration, and there is no mandatory regulation, so it is often difficult for industrial and commercial departments to punish them.

Taobao provides four kinds of right protection path, without success, how should protect right after all? Mr. Jiang is in trouble.

Reporter with his on taobao to buy the two fake philips razor, made a special trip to the headquarters of the taobao is located in hangzhou, found responsible for the after-sale taobao customer service, find out the ways to solve problems, but taobao staff also told reporters that they, too, is very difficult, because they are just a third party platform, did not stop for the identification of fake goods, can only require consumers to provide fake documents.

Taobao closed its online store selling fake philips razors on the same day as the full video, which was certified by philips as a fake by the company. When reporters further asked for information about the store, taobao declined, saying it was responsible for protecting the privacy of both merchants and consumers.

Who is making a fake? Who's selling the fake? Reporters have difficulty tracking down thousands of miles

The road to safeguarding rights is not only difficult, but also impossible to see any signs of being pushed. So, who is producing the philips razor that has caused so much trouble for Mr. Jiang? Who's selling it? How does this shop operate? With these questions in mind, journalists are looking for answers on their own.

The return address is empty

First of all, we went to no.32 shipyard road, xinghua city, taizhou city, jiangsu province to find the recipient named wang jian according to the return address given by the merchant. However, reporters found after come to shipyard road no. 32 is a air conditioning has rust empty bed and the surrounding neighbors also no one can say clear this rental house, who ever lived, do what business.

To better understand the situation, the reporter, led by a villager familiar with the situation, found the owner of the rental house, Mr. Xu. Before Mr Xu told us that he did put our shipyard street no. 32 of residential building to a tenant named wang but if they are in business taobao business, he was not informed, because electricity bills in arrears, at the end of last year have retreat hire, wang moved to now where he is unknown.

Later, the reporter through the express delivery order on the faintly visible delivery address: 255 nanting road xinghua city, trying to find the two fake shaver sender wang li. But on arrival, the reporter understanding, xinghua south pavilion road no. 255 is an old stainless steel business, here is neither man called wang li, also does not have the philips shaver.

The Courier said, "I don't know."

In order to further find wang li and wang, the reporter found to collect the parcel through yuantong express Courier, high strength, but gao qiang said he never closed door delivery, so he also say not clear who is wang li and wang? Where is home? This is also the era of e-commerce everywhere quality supervision and industrial and commercial departments are facing the same problem.

Part of consumers believe that online shopping to the fakes, online shopping platform should take main responsibility, because the platform is similar to a department store, should be to manage their own goods and constraints, but a part of the expert thinks, the big electric business platform is not part of the consumer understanding of department stores, but a similar mediation company, only exchange for buyers and sellers need to safeguard, the goods are sold true and false, it can only rely on buyers and sellers to identify themselves.

Taobao: one year, 180,000 online stores were shut down by themselves, but less than 1% of them were penalized after reporting to the public security authorities.

Zheng Junfang from two years ago was appointed chief platform alibaba governance, head of the department, she believes in the fight against fake and inferior this platform is difficult, and consumers, the platform has no right to identification of true and false goods, and the only entitled to brand for goods for identifying true and false, each have each idea, more than 1 billion orders of magnitude of goods on taobao platform, covering all aspects of our lives, not every brand is willing to cooperate with the platform, before the goods in the platform to test one by one. It takes a lot of time and money to determine whether a product is genuine or not, and not every consumer is willing to invest in helping the platform identify it.

Two years, Zheng Junfang led a 2000 anti-counterfeiting team, spends nearly $10, in ali platform fully with fake goods "into", but she thinks picket online, and more efforts were only take temporary solution not effect a permanent cure. Because the online store can only be closed, if the offline store cannot be controlled, then all online efforts are ineffective.

Only 2016 a year, alibaba to produce false clues of the February 4495, stands were higher than 50000 yuan of punishment standards set by the current criminal law, criminal judgment confirmed so far have only 33 cases, criminal penalties by sale of counterfeit goods proportion less than 1%. Taobao closed 180,000 stores this year, but zheng believes his own crackdown on sellers of fake goods will not be decisive in the overall e-commerce environment.

The biggest e-commerce market in the world is based on the product quality law introduced 24 years ago.

In Zheng Junfang point of view, China's fake goods industry chain is, one of the reasons is the social and economic development at high speed, China has become the first big global e-commerce market, but matching laws and regulations is the serious lag. For example, we apply now is still a "product quality law" passed in 1993, a fine standard still stays in the 24 years ago, this a direct result of our punishment, administrative supervision does not pose a threat to violators.

In march this year, Mr Ma to the whole society public calls for "governance fake like governance drunk driving", hope can through the perfect legal laws and regulations, and to mobilize various functional departments to punish the counterfeiters. In fact, it has become a consensus to introduce a law and regulation that can be applied to today's rapid development of e-commerce. On December 19, 2016, the draft of e-commerce law, the first comprehensive law in the field of e-commerce in China, was first submitted to the standing committee of the National People's Congress for deliberation. Part of experts believe that the current data in addition to the online and offline regulatory linkage, achieve social work, want to eradicate the root of the sale of counterfeit goods, need to gradually establish a set of whole society credit system.

Integrity is a big problem in Chinese society. In the past, China was a small and isolated society, which was very unhealthy. Before the Internet, education was very difficult to be honest and law enforcement was very difficult. However, today, the problems that are particularly difficult to solve in our life through the interconnection network are gradually being solved by the platform. The government manages and protects the platform, the platform manages and protects the society. You will find that this is a very big step forward and a very big opportunity for China.

At present, the first review of the electronic commerce law (draft) has ended and the public consultation has been solicited from the whole country.