Joke Collection Website - Bulletin headlines - Paying a lot of money for help: I bought a mobile phone and didn't know it was fake until one and a half years later. Can I still claim compensation from the seller? I still keep the sales invoice int
Paying a lot of money for help: I bought a mobile phone and didn't know it was fake until one and a half years later. Can I still claim compensation from the seller? I still keep the sales invoice int
According to Article 39 of
The People's Republic of China * * * and the Product Quality Law of the People's Republic of China
, when selling products, sellers are not allowed to adulterate, pass off fake products as genuine ones or pass off substandard products as qualified products.
Article 4 The seller shall be responsible for repairing, replacing and returning the products in any of the following circumstances; If losses are caused to the consumers who buy the products, the seller shall compensate for the losses:
1. The products do not have the required performance and are not explained in advance;
2. The product does not meet the product standards indicated on the product or its packaging;
3. It does not conform to the quality conditions indicated by product descriptions, physical samples, etc.
after the seller is responsible for repairing, replacing, returning goods and compensating for losses in accordance with the provisions of the preceding paragraph, it is the responsibility of the producer or other sellers (hereinafter referred to as suppliers) who provide products to the seller, and the seller has the right to recover from the producers and suppliers.
if the seller fails to repair, replace, return goods or compensate for losses in accordance with the first paragraph, the product quality supervision department or the administrative department for industry and commerce shall order it to make corrections.
if there are different stipulations in the sales contract and contract between producers, sellers, and producers and sellers, the parties to the contract shall follow the stipulations in the contract.
according to article 49 of the law of the people's Republic of China on the protection of consumers' rights and interests
if a business operator commits fraud in providing goods or services, it shall increase the compensation for the losses it has suffered according to the requirements of consumers, and the amount of compensation shall be twice the price of the goods purchased or the cost of receiving services.
Article 5 In case of any of the following circumstances, if the Product Quality Law of the People's Republic of China and other relevant laws and regulations stipulate the punishment organ and punishment method, the provisions of the laws and regulations shall prevail; Where there are no provisions in laws and regulations, the administrative department for industry and commerce shall order it to make corrections, and may, according to the circumstances, impose a single warning, confiscate the illegal income and impose a fine of more than one time but less than five times the illegal income, and impose a fine of less than 1, yuan if there is no illegal income; If the circumstances are serious, it shall be ordered to suspend business for rectification and revoke its business license:
(2) doping or adulterating commodities, passing off the fake as the real, passing off the inferior as the good, or passing off unqualified commodities as qualified commodities;
So, as long as you keep the sales invoice, and the sales invoice can prove that you bought the mobile phone from the seller (for example, the electronic serial number of the mobile phone is on the invoice or warranty card), you can claim compensation from the seller, and the compensation is made according to the principle of one fake and two lost.
As you have been buying the mobile phone for a long time, I suggest you call 12315 to consult with the Consumers Association or 12365 to complain to the Quality and Technical Supervision Bureau. Relevant functional departments will help you solve the problem.
Related links
Consumer Protection Law of the People's Republic of China
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Product Quality Law of the People's Republic of China
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