The consumer group claimed Da Vinci's claim that the domestic furniture high-end brand Da Vinci furniture has entered the Chinese market since 1998. It is known for its high price. A single bed can sell for more than 100,000 yuan, and a set of sofas can be sold to 30. More than 10,000 yuan. Da Vinci furniture sales staff said that this is a 100% Italian "international super brand", and the raw materials used are "natural high-quality raw materials" without pollution. However, after the media revealed its fraud, on July 10, the Shanghai Industrial and Commercial Department conducted an emergency inspection of Da Vinci. It has initially determined that Da Vinci Furniture Company has three major problems: First, it is suspected of false publicity, using such as the largest, top brand, the highest. The second is that some furniture products are judged to be unqualified, such as the price of 92,800 yuan, the Cappuccino bedside table, known as solid wood, is actually the MDF melamine, behind the multi-layer panel; the third is the majority of furniture products logo Not standardized, the origin and material are not indicated, and according to the relevant national regulations, the specific materials should be marked. In addition, some of Leonardo's furniture not only have quality problems, but also suspected of providing consumers with fake import declarations. The reporter learned that some consumers in Beijing are currently consulting relevant legal issues. Since the establishment of the “Da Vinci Home†Consumer Rights Protection Center, Beijing Hanzhuo Law Firm has received more than a dozen consultations from consumers, and they have reflected many problems. A group of furniture consumers in Shanghai held a group discussion to Da Vinci, with a total amount of tens of millions of yuan, of which a consumer's related furniture consumption reached about 4 million yuan. Who guarantees that we can buy genuine goods? "Put the fake foreign devil label becomes a sky-high price? So bullying the consumer is too much!" In this reporter's interview, many readers expressed indignation at the alleged fraud of Da Vinci furniture: "Who can Guarantee that what we buy is genuine?" Reader Zhao said: "The reason why Tianfen Da Vinci furniture can sell well for more than ten years, mainly because many people are too blind to admire foreign brands." Others suggested that Chinese furniture should be established as soon as possible. The standard of origin ensures that consumers have full access to information. False propaganda should bear administrative responsibility According to the relevant laws and regulations, the false propaganda of Da Vinci's home should bear the administrative responsibility of fines according to law. If the circumstances are serious, it must also bear the administrative responsibility of revoking the business license. In this regard, the "Anti-Unfair Competition Law" and the "Product Quality Law" have specific provisions. Article 24 of the Anti-Unfair Competition Law stipulates that: operators use advertisements or other methods to make misleading false propaganda on commodities, and the supervision and inspection department shall order them to stop illegal activities and eliminate the influence. A fine of not more than 200,000 yuan. At the same time, Article 38 of the "Product Quality Law" stipulates that: producers and sellers are doped and adulterated in products, falsely replenished, shoddy, or impersonated products with substandard products, ordered to stop production. Sales, confiscation of illegal income, and a fine of more than one time and five times less than the illegal income, the business license can be revoked. Article 41 of the Law also stipulates that if the producer or seller forges the origin of the product, forges or fraudulently uses the name or site of another person, forges or fraudulently uses the quality mark such as the certification mark or the famous mark, it shall order the public to correct it. , confiscation of illegal income, can be imposed a fine. The victim may return the goods or double the claim and other civil liability for Da Vinci furniture. If the victim is able to obtain the certificate that the administrative department of industry and commerce determines that the furniture purchased is unqualified, it can be based on the consumer. Article 48 of the Law on the Protection of Rights and Interests requires return of goods. In addition, according to Article 49 of the Law on the Protection of Consumer Rights and Interests, if the operator provides fraudulent acts of goods or services, it shall increase the compensation for the losses suffered by the consumers according to the requirements of the consumers, and increase the amount of compensation for the purchase of goods by consumers. The price of the payment or the cost of receiving the service is doubled. Therefore, the victimized consumer can double the compensation accordingly. At the same time, if the quality of Da Vinci furniture is flawed, causing damage to the person or property of the consumer, the consumer may also request compensation from the producer according to Article 43 of the Tort Liability Law, or may also sell to the seller of the furniture. Request compensation. The scope of compensation includes: First, if the victim is personally injured due to defects in the product, the infringer shall compensate for the medical expenses, the nursing expenses during the treatment period, and the income reduced due to lost work; if the disabled is caused, the disabled shall also be paid Self-help expenses, living allowances, disability compensation, and the living expenses necessary for the person supported by them; if the victim is killed, the funeral expenses, death compensation, and the living expenses necessary for the person who was raised by the deceased shall be paid. And other fees. Second, if the victim's property is lost due to defects in the product, the infringer shall return to the original state or compensate for the discount. If the victim suffers other major losses, the infringer shall compensate the loss. For the issue of compensation, Article 44 of the Product Quality Law also makes similar provisions. The sales of counterfeit and inferior products are up to the criminal responsibility of criminal responsibility for the production and sale of counterfeit and inferior products. The Criminal Law stipulates in Article 140 that “producers and sellers are doped in the products, adulterated, and faked, If the sales amount is more than 50,000 yuan or less and less than 200,000 yuan, the amount of sales shall be punishable by imprisonment for two years or less, or "50,000 yuan or more." In addition, the article also sets different terms of imprisonment depending on the amount of the sale. At the same time, if a unit crime is stipulated in Article 31 of the Criminal Law, the unit shall be fined, and the person in charge directly responsible for it and other directly responsible personnel shall be sentenced to punishment. According to the survey results published by the relevant departments, the sales amount of Da Vinci's counterfeit products has reached the standard of pursuing criminal responsibility. Therefore, the criminal responsibility of the company and its responsible persons should be investigated according to law. In addition, if the customs declaration provided by Da Vinci Company is forged, it is suspected of violating the crime of forgery and alteration of official documents, certificates and seals of state organs. According to the provisions of Article 208 of the Criminal Law of the People's Republic of China, if the official documents, certificates or seals of state organs are forged, altered, bought or sold, or stolen, robbed or destroyed, they shall be sentenced to a maximum of 10 years imprisonment. Beijing Bailuo Law Firm Anbaishan lawyer believes that the illegal behavior of Da Vinci furniture should bear administrative responsibility, civil liability and even criminal responsibility according to law. How to protect the legitimate rights and interests of the victim in the civil compensation? Many affected consumers are not sure which responsibilities can be pursued by Da Vinci and how to protect their legitimate rights and interests. In this regard, Anbaishan lawyers said that Da Vinci’s administrative responsibility and criminal responsibility were investigated by the state administrative organs and judicial organs according to law, and this procedure did not need to be filed by the victim. What the injured consumer can do is to pursue Da Vinci’s civil liability and to require it to perform its compensation obligations. Consumers can file a civil lawsuit, request a return according to the specific circumstances, or require Da Vinci furniture to double compensation, if there is damage, you can also claim damages. It is also worth noting that civil liability involves civil compensation, administrative liability involves fines, and criminal liability involves fines. It has a common feature that the responsible person must pay a certain amount of money. If the above three responsibilities occur at the same time, and Da Vinci's property is not enough to pay at the same time, it involves the issue of order. According to the law, if the civil compensation, fines and fines are simultaneously paid, and the property is insufficient to pay at the same time, the civil liability shall first be borne. If there is any surplus in the property, the remaining property shall be used to pay the fine and fine. Do not exceed the statute of limitations. Anbaishan lawyers reminded victims of the need to pay attention to the statute of limitations. According to Article 136 of the General Principles of the Civil Law, if the sale of unqualified goods is not stated, the period of limitation of action shall be one year, counting from the day when the consumer knows or should know that his rights have been infringed. If compensation is required due to defects in the product, the period of limitation of action shall be calculated as follows: the limitation period for the claim for damage caused by defects in the product is two years, and the calculation shall be made from the time when the party knows or should know that his or her rights have been damaged; The claim for damages for damages is claimed, and the original consumer who lost the defective product was lost for the first ten years; however, it has not exceeded the express safe use period. Therefore, consumers should take legal weapons to safeguard their rights as soon as possible. If they exceed the statute of limitations, their right to win will not be protected by law. Pay attention to the preservation of evidence and at the same time, the lawyer reminds: The victim consumers should collect and sort out various evidences that can prove Da Vinci's illegality and breach of contract. Including: purchase of furniture contract, invoice, payment related certificate, product warranty, instruction manual, all the certification documents issued by the furniture company to prove its origin and quality, complaints about the quality of the purchased furniture in use and the results of the treatment Proof materials, appraisal reports of relevant appraisal organizations, etc. Conducting Property Protection Ann also advised the injured consumer to file a lawsuit and file a lawsuit with the court to protect Da Vinci's property. Otherwise, if there is no executable property in the future, it does not make sense for the consumer to obtain the successful judgment that is in force and cannot be executed.
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