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A joke about sending the wrong goods

It is the seller's responsibility that the merchant sends the wrong goods. As a buyer, consumers are not at fault, but they can't take the goods for themselves and then apply for a refund from the merchants on the grounds that they have not received the goods. So can a merchant only apply for a refund if he sends the wrong goods? In order to help you better understand the relevant legal knowledge, we have compiled the relevant contents. Let's have a look.

1. Can the merchant only apply for a refund of the wrong goods?

If the seller sends the wrong goods, the buyer should return them and have no right to possess them privately. If the buyer does not return the goods, the seller can prepare relevant evidence to sue. The buyer's unjust enrichment is illegal and should be punished. If the circumstances are serious, it may constitute a crime of embezzlement.

Second, how many times can I ask the merchant for compensation if I buy a fake?

Article 55 of the Law of People's Republic of China (PRC) 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 three times the price of the goods purchased by consumers or the cost of receiving services; If the amount of additional compensation is less than that of 500 yuan, it shall be 500 yuan. Where there are other provisions in the law, those provisions shall prevail.

Where a business operator knowingly provides goods or services to consumers, causing death or serious damage to the health of consumers or other victims, the victims have the right to demand compensation from the business operator in accordance with the provisions of laws and regulations such as Articles 49 and 51 of this Law, and have the right to demand punitive damages less than twice.

3. Is there any compensation for complaining that the seller sent the wrong goods?

Complaining whether the seller has made compensation for the wrong goods depends on whether the seller has caused losses to the buyer.

Legal basis:

Law of the People's Republic of China on Protection of Consumer Rights and Interests

Article 39 Disputes between consumers and business operators over consumers' rights and interests can be resolved through the following channels:

(a) negotiated settlement with the operator;

(2) Requesting consumers' associations or other mediation organizations established according to law to mediate;

(three) to complain to the relevant administrative departments;

(four) according to the arbitration agreement reached with the operator, submit it to an arbitration institution for arbitration;

(5) bring a lawsuit to the people's court.

Article 52 Where a business operator provides goods or services, causing damage to consumers' property, it shall bear civil liabilities such as repairing, redoing, replacing, returning goods, making up the quantity of goods, returning the payment for goods and services or compensating for losses in accordance with the law or the agreement of the parties.