Chapter VII Legal Responsibility of Fujian Province in Implementing the Consumer Protection Law

Article 57 Where the commodities provided by business operators are under any of the following circumstances, they shall be replaced or returned according to the requirements of consumers:

(a) the contract or the operator promised to replace or return the goods;

(two) according to the detection or identification of substandard goods;

(three) the state does not make provisions, the operator has not clearly stated that after-sales service will not be implemented, the operator refuses to repair, or it can not be used normally after being repaired twice within six months;

(four) in the warranty period stipulated by the state, agreed in the contract or promised by the operator, the operator refuses to repair or does not have the repair ability and does not entrust others to repair.

Reasonable expenses such as transportation expenses, transportation expenses and lost time paid by consumers for repair, replacement and return shall be borne by the operators.

Article 58 If an operator commits any of the following fraudulent acts in providing goods or services, it shall increase the compensation for the losses suffered by the consumer according to the requirements, and the amount of the increased compensation shall be twice the price of the goods purchased by the consumer or the cost of receiving services:

(1) selling adulterated, counterfeit and shoddy goods, or passing unqualified goods off as qualified goods;

(two) the sale of obsolete or expired, invalid or deteriorated goods;

(three) the sale of goods that infringe upon the registered trademark rights of others;

(four) the sale of counterfeit or fraudulent use of commodity origin, enterprise name and address of goods;

(five) the sale of counterfeit or fraudulent use of certification marks, brand-name marks and other quality marks of goods;

(six) the sale of "defective products", "defective products" and other commodities without explanation or falsely claimed to be genuine;

(seven) the goods sold should be inspected and quarantined without inspection and quarantine, or the documents certifying the inspection and quarantine results of the goods are forged;

(eight) the use of false or other improper means, so that the supply of goods is in short supply;

(nine) using false or other improper means to make the measurement of services provided untrue;

(ten) increase the price of goods or services, charge fees that are not marked or have no legal basis, or commit other price fraud;

(eleven) to provide goods or services in the form of false advertisements, descriptions, standards, samples and demonstrations. ;

(twelve) the use of fake and shoddy goods, shoddy service;

(13) Jerry-building, intentional damage, stealing parts or replacing parts that do not need to be replaced, or falsely reporting the labor cost of repairing processed products;

(14) Other fraudulent acts.

However, except for the acts listed in items (2), (3), (4) and (5) of the preceding paragraph, the business operator can prove that he is not at fault.

After making compensation to consumers in accordance with the provisions of the first paragraph of this article, business operators shall not be exempted from other responsibilities that they shall bear in accordance with the provisions of laws and regulations.

Fifty-ninth operators in any of the following circumstances, should stop the infringement, restore reputation, eliminate the impact, apologize; If the circumstances are serious, and give compensation of more than five thousand yuan:

(1) restricting the personal freedom of consumers;

(2) Searching the body or articles carried by consumers;

(3) Insulting or fabricating facts to slander consumers;

(four) causing permanent loss or damage to the consumer's articles with symbolic meaning of personality;

(5) Infringement of consumers' personal privacy;

(six) other mental damage to consumers.

Sixtieth operators who violate the provisions of these measures and infringe upon the rights and interests of consumers shall be punished in accordance with laws and regulations. If there are no provisions in laws and regulations, the administrative department for industry and commerce shall order it to make corrections, and impose a warning or confiscation of illegal income according to the circumstances, and impose a fine of not less than one time but not more than five times the illegal income; If there is no illegal income, a fine of less than 1 10,000 yuan shall be imposed; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 61 Any functionary of a state organ who neglects his duty, abuses his power, engages in malpractices for selfish ends or shields the operators from infringing on the legitimate rights and interests of consumers shall be given administrative sanctions by his unit or the competent department at a higher level according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

If the staff of the Consumer Protection Committee fails to perform their duties or favors or shields operators who infringe upon the legitimate rights and interests of consumers, it shall be handled in accordance with the provisions of the preceding paragraph.