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How to complain to the Industry and Commerce Bureau about false advertising by Tmall merchants
1. You can ask Taobao to provide seller information, otherwise you can complain or sue Taobao.
2. According to the "Measures for Industrial and Commercial Administrative Departments in Handling Consumer Complaints", the process for industrial and commercial departments to accept complaints is as follows:
1. Consumer complaints: Consumers can submit complaints through letters, faxes, Complain to the industrial and commercial administrative department via text message, email, 12315 website or go to the industrial and commercial department, explaining the complaints and reasons;
2. The industrial and commercial department accepts complaints: If the consumer complaint meets the requirements, the industrial and commercial department will Administrative department staff will accept complaints and record relevant information within seven working days;
3. If the consumer parties agree to mediation within sixty days, the industrial and commercial administrative department will organize mediation and notify The time, place, mediator, etc. of the parties' mediation. After the parties reach mediation, the industrial and commercial administration department will prepare a mediation letter and file it.
3. According to Article 44 of the "Consumer Rights and Interests Protection Law of the People's Republic of China":
Consumers who purchase goods or receive services through online trading platforms, If its legitimate rights and interests are damaged, it may demand compensation from the seller or service provider.
If the online trading platform provider cannot provide the real name, address and valid contact information of the seller or service provider, consumers may also request compensation from the online trading platform provider; the online trading platform provider will make changes. Promises that are beneficial to consumers should be fulfilled. After the online trading platform provider makes compensation, it has the right to seek compensation from the seller or service provider.
Extended information:
1. Complaint requirements
1. Within the administrative area of ??this city;
2. There is a clear target The complaining party;
3. There are specific complaints, facts and reasons;
4. The complainant should be an interested party in the consumer dispute;
5. The complaint period has not exceeded (within one year if the consumer knew or should have known that his rights and interests had been infringed);
6. It falls within the jurisdiction of the industrial and commercial administration;
7. When making a complaint, consumers should state their name, address, telephone number or other contact information and the name, address and telephone number of the party being complained against.
8. The most important thing for consumers is to collect all favorable certificates;
2. Not accepted
1. Purchases and sales between operators Disputes;
2. Disputes arising from private transactions between consumers;
3. Failure to install, use, store, or disassemble the product in accordance with the product instructions, resulting in damage to the product or personal injury. Hazardous;
4. The purchase of goods or services is not for daily consumption, except for farmers’ purchase of production materials directly used in agricultural production;
5. The goods or services are Free income or gifts, except for gifts and free services provided for promotion;
6. When consumers purchase goods or receive services, they already know that they are defective and then file a claim based on the defects. Complaint;
7. The goods have exceeded the specified warranty period or guarantee period, and the respondent is no longer liable for breach of contract;
8. The goods purchased by the consumer have exceeded the complaint period (Consumers know or should know that their rights and interests have been infringed for more than one year);
9. The court, arbitration institution or other administrative agency has accepted or handled the case;
10 , does not comply with legal provisions.
3. Characteristics of regulations
1. The use of a special chapter to stipulate the rights of consumers shows that the purpose of this law is to protect the rights and interests of consumers. There are so many consumer rights listed in this law[1], which reflects a high level of protection.
2. Special emphasis is placed on the obligations of operators. First of all, it stipulates that operators should follow the principles of voluntariness, equality, fairness, and good faith when conducting transactions with consumers. Secondly, a special chapter stipulates the obligations of operators to specific consumers and the public.
3. Encourage and mobilize the whole society to jointly take responsibility for protecting the legitimate rights and interests of consumers, and conduct all-round supervision of illegal activities that harm the rights and interests of consumers.
4. It attaches great importance to the group protection of consumers and stipulates the legal status of consumer organizations in a special chapter.
Reference: Baidu Encyclopedia--Consumer Rights Protection Law of the People's Republic of China
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