Mr. Zhou of Pingxiang City in Jiangxi Province purchased a number of 'nilanshan' liquors from Jingdong Mall. They were identified as counterfeit products by the local brand of liquor counterfeiting personnel who judged by the naked eye.
Afterwards, Mr. Zhou asked Jingdong Mall to provide information on the purchase credentials and production batch numbers of the four batches of wine. Jingdong Customer Service indicated that they must ask for an online store to sell wine, but did not provide it; one of the two online stores selling wine provided The purchase receipts, but no relevant batch information, and the other refused to provide relevant documents on the grounds of 'trade secrets'.
On the afternoon of April 22, a member of staff surnamed Li from the old customs branch of the Market and Quality Supervision Bureau of Xiangdong District, Pingxiang City, confirmed the seizure of the suspected counterfeit Niulanshan liquor by the press, but refused to conduct a telephone interview.
On the 23rd, a staff member from the sales department of Niulanshan Brewery of Beijing Shunxin Agricultural Co., Ltd. confirmed to a reporter that the man named Yan who had issued the product identification certificate was indeed a counterfeiter technician of the winery. Disagree with the identification results, you can send the same batch of wine to the winery for testing and appraisal.
Mr. Zhou said that the local market supervision department may impose a fine of 50,000 yuan to 50,000 yuan. He has currently reported to the Beijing Municipal Bureau of Industry and Commerce on the matter.
Yi News contacted Jingdong Mall. A staff member of the company said that it has been reported to the headquarters. It is urgently handling related issues.
4 batches were identified as counterfeit products by the 'eyes' at the scene
Mr. Zhou did not quite believe that the cocktail party he purchased on online Jingdong Mall was identified as counterfeit.
On March 23 this year, Mr. Zhou saw two promotions for Jingdong Mall's Niulanshan brand. They had different accounts and they were batched together under the so-called "Shengran Shengda Liquor Store". Shangshi Liquor Store' purchased 98 liquors.
Among them, the 42-year-old Niulanshan Erguotou was sold at a price of 167 yuan (12 bottles), and the promotional price was 129.5 yuan for a total of 44 pieces; Niulanshan Erguotou had a 39-degree original price of 215 yuan. Bottle), promotional price of 165 yuan, a total purchase of 54.
Mr. Zhou said that after repurchasing, he moved about 12 stores for sale in his uncle’s house in Qianjin Village, Laoguan Town, Xiangdong District, Pingxiang City. On April 13, the Xiangdong District Market and Quality Supervision Administration of Pingxiang City was old. The staff of the Customs Branch (hereinafter referred to as the “Laoguan Branch”) came to the restaurant and said 'We received a report saying that the Niulanshan liquor sold by us was suspected to be a fake product. We seized the liquor sold on the counter on the spot'.
On April 16th, Mr. Zhou went to the Laoguan Branch to handle the matter. What surprised him was that at the old customs branch, the local dealer issued a product certification on the spot, proving that the batches of white liquor were counterfeit and did not pass through. Any test assay'.
According to the three materials provided by Mr. Zhou, a complaint of the official seal of 'Beijing Shunxin Agricultural Co., Ltd.'s Niulanshan Winery' was filed for the payment provided to the Laoguan Branch. The content of the complaint was 'According to the consumer's report. The staff of our factory found counterfeit goods in the forward restaurant in the Qianjin Village in the jurisdiction of your bureau. Registered 'Niulanshan' trademark products in Niulanshan Winery of Beijing Shunxin Agriculture Co., Ltd....... We hereby lodge a complaint with your bureau. Severe investigation.
Product Certification 1
Product Identification Certificate 2 The other two are the “Product Certifications of Niulanshan Winery Products of Beijing Shunxin Agricultural Co., Ltd.”, which are provided to the Laoguan Branch. The serial numbers are '20180108079' and '20180108080', all covered by 'Beijing Shunxin'. Agriculture Co., Ltd. Niulanshan Winery' red official seal.
The product appraisal shows that Niulan Mountain's aging liquor batch number '20171225201-AY3-71' has 21 bottles, Niulanshan's 100-year-old treasures' aging batch number '20170103315-01' 2 bottles, '2017010215-01' 4 bottles, '2017112213-02-AY' '1 bottle, 'The anti-counterfeit products were identified by the anti-counterfeiting technicians of our factory. This product is a counterfeit product that infringes on our company's 'niolshan' trademark.
Mr. Zhou said that before the law enforcement officers of the Laoguan branch came to the door, there was a local dealer who had verbally warned us and demanded that the batch of liquor be taken off the shelf. Otherwise, it would go to the industrial and commercial department to report the batch of wine as fake wine.
However, this statement has not been confirmed by relevant parties.
On April 22, Handan News called the 'dealer' phone number provided by Mr. Zhou. A Yan man said on the phone that he was not a dealer, but the counter work of the Niulanshan Winery in the local area. personnel.
The man surnamed Yan said that at that time, because the seller could not provide the relevant purchase certificate, he judged by naked eye that the liquor sold by Mr. Zhou's uncle restaurant was counterfeit. If the other party objected to the appraisal result, he could provide the relevant purchase certificate for reconsideration.
A staff member who refused to be named in the sales department of Niulanshan Distillery Co., Ltd. of Beijing Shunxin Agricultural Co., Ltd. also confirmed to the press that the man named Yan was indeed the anti-counterfeiting technician of the winery. If the consumer disagrees with the identification result, You can send the same batch of wine to the winery for testing.
Request for proof of purchase and proof of production lot number rejected
Mr. Zhou, who was about to face administrative punishment, discovered that when he purchased this batch of Jingdong Mall liquor, there was only an online order number and transaction records. Jingdong Mall and its online shop did not provide relevant purchase certificates.
In addition, the purchase of 98 liquors, only a batch of 4 wines issued invoices.
On April 20, Mr. Zhou said that he learned from the old customs office that the relevant penalties will not be delivered soon. They may face fines of 350,000 yuan for selling counterfeit products.
On the afternoon of the 22nd, Handan News called a staff member named Li from the Laoguan Branch. The other party confirmed the seizure of the suspected counterfeit Niulanshan liquor, but refused to accept a telephone interview.
Mr. Zhou said that after the incident, he used Jingdong Mall mobile phone client to Jingdong online customer service, and dialed Jingdong customer service phone to try to request Jingdong Mall to provide relevant purchase certificate, production batch number and product identification certificate, etc. Jingdong customer service said it could not provide, Need to ask the seller online shop.
The merchant refused to provide the purchase order and the production lot number. Subsequently, Mr. Zhou requested the purchase certificate and the product identification certificate from the two online shops of 'Zhenran Shengda Liquor Store' and 'Shangshi Liquor Store'. The liquor franchise' indicates that 'this is a trade secret. You can't see it'; '**Shengda Liquor Store' has provided a purchase order, but the production batch number and other information is not shown on the document.
Mr. Zhou said that he has reported to the Beijing Municipal Administration for Industry and Commerce about the sale of counterfeit liquor by Jingdong Mall. He hopes to obtain legal and fair inspections to determine whether the batch of liquor seized by the old customs branch is a counterfeit product.
Professor Renmin University of China, Liu Junhai, vice president of the China Consumer Protection Law Research Association, told the Xinhua News that, in fact, during the incident, Mr. Zhou purchased a batch of wine from Jingdong Mall. Through the transaction records, he could find out the source of the goods. This falsification is impossible to make. If consumers forge products and destroy merchants, they will be accused of blaming business reputation.
Liu Junhai believes that the certification issued by counterfeiters in the winery proves, in principle, that it has strong probative power and does not rule out other possibilities. If Mr. Zhou is a consumer, it is finally proved that the batch of wine is sold by Jingdong and exists. If the quality is unqualified and insecure, then consumers can make '1+10' times claims in accordance with the Food Safety Law.
'But Jingdong may say that you are not a consumer. You bought the wine and then sold it to the restaurant. It was not for personal consumption. It was for profit. ' Liu Junhai said that this must be claimed in accordance with the "Contract Law." If there is a quality problem, you can request a refund for return, and at the same time be punished by the market supervision authority for product quality problems. According to the principle of actual loss compensation, this loss should also be borne by the defaulting party.
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