"I couldn't find the product information or the inspection and testing report for the gold jewellery I bought at China Gold. I think it's fraud, at least one will be refunded and one will be paid. Mr. Zhang said.
Encounter——
Spent nearly 60,000 yuan to buy gold jewelry in China, but the label was problematic
"China Gold customer service said that their QR code can be scanned"
Mr. Zhang is a native of Gansu and works in Dingbian, Shaanxi. On March 30 this year, he planned to get married, and bought gold jewelry for the wedding at the China Gold Store south of Changcheng South Street and Dongguan Street in Dingbian County. ”
According to the China Gold Insurance Policy, Mr. Zhang purchased 2 pure gold bracelets, 2 pure gold rings, 1 pure gold necklace and 1 pair of pure gold earrings. A total of 58,800 yuan was spent.
One of the two pledge policies showed that Mr. Zhang purchased more than 50,000 yuan for gold jewelry
On March 31, Mr. Zhang returned home with the gold jewellery he had purchased, and his relatives scanned the QR code on the product label and the barcode of the inspection and testing center in the gold jewellery box, but found that they could not be scanned. He said, "Relatives can sweep out gold jewellery that someone else has bought." After discovering the clues, he scanned the gold jewelry he bought one by one, and found that only two gold jewelry could scan the information, among them, the number of a gold ring matched, and the number of a pair of earrings did not match (the number displayed on the QR code was the number on the label).
The QR code on the product label in the gold jewelry box and the barcode of the inspection and testing center cannot be scanned
"I suspect there's something wrong with something. Mr. Zhang said that he contacted China Gold's customer service to complain, and the other party reported that the store he complained about was a franchise store. The label of "Zhonghuang Gold" product is unified by the company, and it is definitely no problem if the code can be scanned and the label is consistent; even if the merchant loses the label and reprints the label, it must be able to scan the code.
Verify——
The testing center all said that "the product has not been tested"
The store manager said, "Sending for inspection is not for inspection (not important), it is mainly to be burned with fire"
Mr. Zhang also verified it through an inspection and testing agency. He said that the gold jewellery he bought involved a number of institutions such as the National Center for Quality Inspection and Testing of Gold and Silver Products (Nanjing) and the National Center for Quality Supervision and Testing of Jewelry and Jade. According to the recording, the replies of these inspection and testing institutions are, "The relevant label cannot be found, and the product has not been tested".
"The product label is wrong, and the test report is also problematic. I felt cheated. Mr. Zhang said that he approached a Chinese gold shop that sold his gold jewellery, and the other party at first said that it would not be returned or exchanged, but later said that it could be exchanged and some gifts were attached. ”
According to the recording of Mr. Zhang's phone call with the manager of the Chinese gold store on April 4, the store manager said that no matter whether there is a problem with the thing, even if there is a problem, it is the business of the manufacturer and the boss, "The big deal is that the goods will be returned to you, and it is the boss's business to be punished, and there is no loss of interest to you." ”
On the issue of inspection and testing reports for gold jewellery. The store manager said that the gold is real, and he can take a personality guarantee, "The real gold is not sent for inspection (it is not important), it is mainly burned with fire." ”
Appeal——
The label reads "China Gold Group Gold Jewelry Co., Ltd." but the code cannot be scanned
Believe that there has been fraud, and the request for a minimum "refund and compensation" is refused
On the issue of refunds. Mr. Zhang believed that this was a fraud and demanded a refund of one and three compensations. However, the store manager said that it can only be exchanged at the original price.
On April 7, a reporter from Huashang Daily Gale News contacted Mr. Zhang. According to the label attached to the gold jewelry provided by it, the reporter scanned the code one by one and found that there was only one pure gold ring, and the QR code information scanned out matched the label, and the other pair of earrings could scan out the relevant information, but the label did not match. The rest of the jewellery cannot be scanned out of the product information.
The reporter noticed that these labels have the words "China Gold Group Gold Jewelry Co., Ltd.", but the QR code of the product information cannot be scanned, and they will jump to the web link of "Dafeng Canggli Education Consulting Co., Ltd.", and the browser will prompt that the web link has potential security risks. Tianyancha could not find the company.
Mr. Zhang said that he complained to the headquarters of China Gold, and the other party suggested that he complain to the local market supervision department, "The staff of the headquarters said that China Gold's stores can only sell China Gold products, but some franchisees are not easy to manage." After I report this problem, the head office will definitely punish them. "I hope to get a minimum refund of one and pay one, and they said that they would supervise the handling, but there is no result for the time being. ”
Mr. Zhang said, "I have complained to the Dingbian County Municipal Supervision Department, but I have not received a reply for the time being. ”
The store responded——
In previous years, the loss of unsalable products and product labels may cause the code to be scanned
In addition to "China Gold", other brands are also sold in the store
On April 7, a reporter from Huashang Daily Gale News contacted the manager of the Chinese gold store, who said that he was no longer responsible for the matter, and then hung up the phone.
Subsequently, the reporter contacted the actual person in charge of the store, who said that two situations may cause the label to be unable to scan the code. One is that the product is a model that has not been sold in previous years, and the other is that the label of the product is damaged or lost during transportation, and the store has made its own label in order to make the label clearer.
As for whether the product is Chinese gold or not. The person in charge said that some products are indeed China Gold, but the label is missing, resulting in the inability to scan the code. On the other hand, they are looking for a variety of products in the store and are selling from other brands. The reporter asked whether the Chinese gold brand allowed the sale of other brand products in the store? The other party replied that some stores can, and the brands displayed on the background wall of the store are different, and the products in the counter are also different.
Unreasonable demands –
The label is lost, so it is filled in by yourself, there is no fraud, and it is improper management
China Gold: If the label is lost, it can be copied, and the copied can also scan out the product information
On the issue of inspection and testing report. The person in charge said that the products are provided through the upstream, are genuine products of regular channels, and he is not clear about the operation of the brand, and the store is mainly after the label is lost, they fill in the label themselves, "The small county sells these things, the road is farther, and the process of resigning is more troublesome. "Filling in the label on their own is mismanaged by them," we are blindly careless. ”
On the issue of refunds. The person in charge said that when consumers communicated and dealt with after-sales problems, they stood up for the first time and were willing to return the goods in full, but in the process of communication, the other party continued to escalate their demands, "At first, we were willing to pay for mental damages, and we were willing to pay for some gifts, and when we went to the store, we said that we wanted to refund one and pay three...... "They consulted relevant departments and legal personnel, and the other party believed that it did not constitute fraud and could not meet the standard of returning one and paying three." If the relevant authorities determine that "one refund and three compensations", they will make a refund as required.
In response, China Gold Headquarters responded to Mr. Zhang's audio recording showing that even if there is a problem of missing product labels, the store can make copies of the labels, and the labels can definitely scan out the product information.
Lawyer's Statement——
If the QR code of the product cannot be scanned for product information, etc., the merchant shall constitute fraud
If you sell products other than this brand in the name of "China Gold", you may be seriously criminally liable
Liu Dongchen, a senior partner at Shaanxi Zhongzhi Law Firm and legal counsel of the Shaanxi Alumni Association of Tsinghua University, said that consumers must meet the statutory standards when requesting "one refund and three compensations", that is, Article 55 of the "Consumer Rights and Interests Protection Law" stipulates that "if a business operator commits fraud in providing goods or services, it shall increase the compensation for the losses suffered by the consumer according to the consumer's request, and the amount of the increased compensation shall be three times the price of the goods purchased by the consumer or the cost of receiving the service." "The so-called fraud refers to the use of false publicity, deliberately informing consumers of false information, concealing the truth related to the product, or other fraudulent means when providing goods or services, causing consumers to have a wrong understanding and make an expression of intent against their will, so as to purchase goods or receive services.
Liu Dongchen analyzed that in this case, the contents of the gold jewelry labels purchased by Mr. Zhang include: the QR code of the product, the barcode of the inspection and testing center, and the name and registered trademark of the manufacturer "China Gold Group Gold Jewelry Co., Ltd." These contents were sufficient for Mr. Zhang to believe that the gold jewelry he purchased was a qualified gold jewelry produced by China National Gold Group Gold & Jewellery Co., Ltd. and tested by the relevant testing center. If the QR code of the product cannot scan the product information of the gold jewelry purchased by Mr. Zhang, and the barcode of the inspection and testing center cannot scan the relevant product number, it means that the merchant deliberately informed the consumer of the false situation of the gold jewelry and concealed the truth related to the gold jewelry, which is enough to determine that the merchant has established fraud, and the customer's request for "refund one and compensate three" is a reasonable demand.
Regarding the matter of "the label that the merchant cannot scan the code is filled in by himself". Liu Dongchen stressed that if a merchant falsifies a label, it may face civil, administrative and even criminal liability. In this case, the forged labels of the merchant included the trademark of the manufacturer, China Gold Group Gold & Jewelry Co., Ltd. If the gold jewelry sold by the merchant in this case is not a product of China Gold Group Gold & Jewellery Co., Ltd., then it is a counterfeit trademark of China Gold Group Gold & Jewellery Co., Ltd. According to the provisions of the Criminal Law of the People's Republic of China, the use of a trademark identical to the registered trademark on the same kind of goods or services without the permission of the owner of the registered trademark, if the circumstances are serious, constitutes the crime of counterfeiting the registered trademark. Therefore, if the circumstances of the counterfeiting of the registered trademark are minor, the merchant in this case will face administrative penalties, and if the circumstances are serious, he will be suspected of committing a crime and bear criminal liability.
Liu Dongchen said that according to the provisions of the "Product Quality Law of the People's Republic of China," if a commodity does not have an inspection and testing report, the competent department of market supervision may order it to make corrections; if the circumstances are serious, it may order the cessation of production and sales, and impose a fine of less than 30 percent of the value of the products illegally produced or sold.
Huashang Daily Gale News reporter Zhang Pengkang editor Dong Lin
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