李育昇律師接受三立新聞訪問,說明有關在拍賣網站平台購買到假貨的相關法律問題。

Spend 7.38 million to buy 15 Hermès bags! The female e-commerce director exposed the seller’s fraud! Lawyer Li Yusheng explains the precautions for online shopping.

After spending 7.38 million to buy 15 Hermès bags, they were all fake. A female e-commerce executive exposed the fraud of a 5-star seller. Lawyer Li Yusheng explains the precautions related to online shopping.
李育昇律師 05

Original URL: Single/Spending 7.38 million to buy 15 Hermès bags, a fake e-commerce female director revealed the scam of a 5-star seller | ETtoday Social News | ETtoday News Cloud https://www.ettoday.net/news/20220124/2176719.htm#ixzz7IsLZIFDi

Reporter Huang Youning/Reporting from Taipei

"Cures all diseases", but I really want to cry after buying a fake bag! Ms. Xu, who is engaged in e-commerce in Beijing City, bought 15 Hermès bags in just one month from a seller on the Shopee shopping platform who advertised as "professional purchasing agent, and you will get ten for every fake one". She spent a total of 7.38 million on her credit card. She was fully expecting to receive the bags. After wrapping it, I found that the logo was rough and the stitching was uneven. In this regard, Ms. Xu accepted the "ETtoday" ETtoday personal exposure of the entire deception process.

7.38 million yuan bought fake goods

Miss Xu, a seventh-grade student, said in an interview that from December last year to January last year, she purchased a total of 15 Hermès bags from 8 sellers in more than a month, with a cumulative consumption amount of 7.38 million. She explained that these five-star French boutique purchasing agents advertised as "professional purchasing agents and paid ten for every fake one", but the price difference was too large. She also asked the seller, "Don't Hermès usually distribute the goods?" But the seller kept using rhetoric. Ms. Xu said, "Because we are all professional purchasing agents, we can get rare bags and get tax refunds, so the price is so low." So she spent 1.16 million to buy a bag with a market price of about 6.5 million. It was made of crocodile skin from the freshwater Nile River in Africa. It is named "Himalayan bag" because its color resembles the snow-capped peaks of the Himalayas.

Ms. Xu thought that there would be no problem in giving back high evaluations, so she used several credit cards with a limit of 2 million and paid off the full amount by swiping the card. Unexpectedly, after receiving the bags one after another, the 7.38 million Hermès bags felt very rough and the stitching was uneven. Feeling confused, I went to many second-hand boutiques to have them appraised and sold, but the merchants all said, "The goods are not good." "Conforms to specifications" and refused further appraisal and acquisition; later, when I asked other sellers on the Internet, I was surprised to learn that there would be no discounts on new Hermès bags. If employees purchased the bags by themselves at employee prices, there would be no invoices, etc. At this time, She was awakened by a shock. The invoices for the bags and strips she received were not issued by the French counter, and there was no Hermès exclusive carriage logo on these invoices. In addition, the phone number of the main store, the receipt number, etc. were all wrong.

In March last year, Ms. Xu also decided to collect evidence, call the police and send it to relevant units for appraisal. After appraisal, it was determined that these 7.38 million Hermès bags were all counterfeit products, and the estimated market value of the infringement was over 10 million.

Ms. Xu choked up and mentioned that after the incident, she kept contacting the police, but the police told her that "these sellers are all registered accounts, and the money flow is not in these registered accounts." She believed that it was legal to shop at Shopee, and she reported it to Shopee She was defrauded and asked for a refund, but Shopee treated her coldly. She filed a disputed account with the card-issuing bank, and Shopee actually sent her a letter asking her to withdraw the disputed account. Otherwise, she would be sued for forgery of documents, fraud, etc., and she would also be prosecuted. Her Shopee account was frozen.

Ms. Xu mentioned that because she is engaged in e-commerce, there are people around her who have also been defrauded when shopping on Shopee, but they usually choose not to call the police because of small purchases. However, she believes that in order to create a good consumption environment, people should not let Shopping platforms are full of scams, and consumers should be protected instead of spending money to buy things and be deceived, or even have to be reviewed.

She has been suffering from mental torture for more than a year, and she thought she had to muster up the courage to come forward and file a lawsuit. Fortunately, with the help of a lawyer, the entire case has been transferred to the District Attorney's Office, and a trial will begin in February.

As for Shopee sellers openly selling counterfeit products online,Lawyer Li YushengIt said that for fear of violating Article 97 of the Trademark Law, the crime of illegally selling goods that infringe trademark rights and the crime of fraud under the criminal law, consumers who unknowingly purchase counterfeit goods can seek compensation from the seller; because shopping (auction) platforms are filled with many counterfeit goods Account number, no real information is left. If the buyer wants to seek compensation from the seller, he may not be able to do so.

Lawyer Li Yusheng provides advice

therefore,Lawyer Li YushengHere are four points to note. First, if the purchased product is of a high value, it is recommended to videotape the unboxing to make sure. Second, if you find that the relevant product is suspected of being fake after unboxing, you should take a photo immediately to store evidence. , Third, the seller and the website platform must be notified. If the money has not been disbursed to the seller, the auction platform must immediately suspend the disbursement action. Fourth, if there is still no way to seek help, it is recommended to conduct an appraisal from the relevant unit to facilitate subsequent judicial investigation. .

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