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Consumers or other victims of defective goods caused by personal and property damage, you can ask the seller for compensation, but also to the producer for compensation. Belong to the producer's responsibility, the seller compensation, the right to recover from the producer. Belong to the responsibility of the seller, the producer compensation, the right to recover from the seller.
Consumers in receiving services, their legitimate rights and interests are harmed, you can demand compensation from the service provider.
Article 36 If a consumer's lawful rights and interests are jeopardized when he purchases, uses goods or receives services, due to the separation or merger of the original enterprise, he may claim compensation from the enterprise that bears his rights and obligations after the change.
Article 37 If an illegal operator who uses another person's business license to provide goods or services damages the legitimate rights and interests of consumers, the consumers may demand compensation from him or from the holder of the business license.
Article 38 Consumers in the fair, leasing counter to buy goods or services, their legitimate rights and interests are harmed, you can demand compensation from the seller or service provider. The end of the fair or counter lease expires, you can also ask for compensation to the organizer of the fair, the counter of the lease contains. The organizer of the fair or the lessor of the counter shall have the right to recover the compensation from the seller or the service provider.
Article 39 If a consumer's lawful rights and interests are harmed by an operator's use of false advertisements to provide goods or services, he or she may claim compensation from the operator. Where the operator of an advertisement publishes false advertisements, the consumer may request the competent administrative department to punish him. If the operator of the advertisement fails to provide the real name and address of the operator, he shall be liable for compensation.
Chapter VII Legal Liability
Article 40 Where an operator provides goods or services under any of the following circumstances, except as otherwise provided for in this Law, he shall be held civilly liable in accordance with the "Law of the People's Republic of China on the Quality of Products" and the provisions of other relevant laws and regulations:
(1) the goods are defective;
(2) they do not possess the performance that they are supposed to possess when sold. have the use of performance and sold without explanation;
(iii) does not comply with the commodity standards used in the commodity or its packaging indicated;
(iv) does not comply with the quality of the state of the commodity description, physical samples and other means to indicate;
(v) production of commodities eliminated by order of the state, or sales of invalid, deteriorated commodities;
(vi) Selling an insufficient quantity of goods;
(vii) Violating the agreement on the content and cost of services;
(viii) Deliberately delaying or unreasonably refusing the consumer's request for repairing, remaking, replacing, returning, replenishing the quantity of goods, refunding the purchase price and cost of services, or compensating for the loss;
(ix) Other situations stipulated by the laws and regulations that jeopardize the rights and interests of the consumers. circumstances.
Article 41 If an operator provides goods or services that cause personal injury to a consumer or other victim, he shall pay the medical expenses, nursing fees during treatment, and the reduced income due to lost work, and if he causes a disability, he shall also pay for the disabled person's self-help living expenses, living allowances, and compensation for disability, as well as the necessary living expenses for the person supported by him; and if a crime is constituted, it shall be investigated for criminal responsibility according to law. Criminal liability shall be investigated according to law.
Article 42 The operator to provide goods or services, resulting in the death of consumers or other victims, shall pay the funeral expenses, death compensation, as well as the necessary living expenses of those who supported the deceased; constitutes a crime, shall be investigated for criminal responsibility.
Article 43 Where an operator violates the provisions of Article 25 of this Law, infringes upon the personal dignity of a consumer or violates the personal freedom of a consumer, the operator shall stop the infringement, restore the reputation, eliminate the influence, make an apology, and pay compensation for the loss.
Article 44 If an operator provides goods or services that cause damage to the property of a consumer, the operator shall, at the request of the consumer, assume civil liability by repairing, remaking, replacing, returning, making up the quantity of the goods, refunding the cost of the loan and the service, or compensating for the loss. Consumers and operators otherwise agreed, in accordance with the agreement to fulfill.
Article 45 of the state or the operator and the consumer agreed to repair, replacement, return of goods, the operator shall be responsible for the repair, replacement or return. In the warranty period of two repairs still can not be normal use, the operator shall be responsible for the replacement or return.
The repair, replacement, return of large items, consumers require the operator to repair, replacement, return, the operator shall bear the transportation and other reasonable costs.
Article 46 The operator to provide goods by mail order, shall be provided in accordance with the agreement. Failure to provide in accordance with the agreement, shall be in accordance with the requirements of the consumer to fulfill the agreement or return the goods; and shall bear the reasonable costs that the consumer must pay.
Article 47 The operator to provide goods or services in advance, shall be provided in accordance with the agreement. Failure to provide in accordance with the agreement, shall be in accordance with the requirements of the consumer to fulfill the agreement or return the advance payment; and shall bear the interest on the advance payment, the consumer must pay the reasonable costs.
Article 48 In accordance with the law by the relevant administrative departments recognized as unqualified goods, consumers request the return of goods, the operator shall be responsible for the return of goods.
Article 49 If an operator provides goods or services in a fraudulent manner, the operator shall, at the request of the consumer, increase the compensation for the loss suffered by the consumer, and the amount of the increased compensation shall be double the price of the goods purchased by the consumer or the cost of the service received.
Article 50 The operator of one of the following circumstances, the "Chinese People's **** and the State Product Quality Law" and other relevant laws and regulations on the punishment of the authorities and punishment provided for, in accordance with the provisions of the laws and regulations; laws and regulations are not provided for, by the Administration for Industry and Commerce ordered to rectify the situation, and depending on the circumstances of the single or concurrently with warnings, confiscation of illegal income, a fine of more than one times the amount of the illegal income One times or more than five times the fine, no illegal income, a fine of up to 10,000 yuan; the circumstances are serious, shall be ordered to suspend business rectification, revocation of business license:
(a) the production and sale of goods do not meet the requirements of safeguarding the safety of persons and property;
(a) adulteration, adulteration of commodities, fake for the real, substandard or substandard goods for qualified goods;
(c) the production of state-ordered out of commodities or the sale of failed, deteriorating commodities;
(d) falsification of the origin of the goods, counterfeit or fraudulent use of other people's factory names, factory addresses, counterfeit or fraudulent use of certification marks, famous and excellent marks and other quality marks;
(e) the sale of goods should be inspected, quarantine but not inspected, quarantine, or falsification of test and quarantine results
(6) misleading false advertising of goods or services;
(7) the consumer's request for repair, rework, replacement, return, make up the number of goods, refund of goods and services or compensation for loss, willful delay or unreasonable refusal;
(8) infringement of human dignity or infringement of personal freedom of consumers;
(ix) other circumstances stipulated by laws and regulations that should be penalized for harming the rights and interests of consumers.
Article 51 If an operator is dissatisfied with the decision on an administrative penalty, he may apply for reconsideration to a higher-level organ within fifteen days from the date of receipt of the decision on the penalty; if he is dissatisfied with the decision on the reconsideration, he may file a lawsuit in the People's Court within fifteen days from the date of receipt of the decision on the reconsideration; or he may file a lawsuit directly in the People's Court.
Article 52 Anyone who obstructs a staff member of the administrative department concerned in the performance of his duties in accordance with law by means of violence or threat shall be investigated for criminal responsibility in accordance with law; if he refuses or obstructs a staff member of the administrative department concerned in the performance of his duties in accordance with law without using violence or threat, he shall be punished by the public security organ in accordance with the provisions of the Regulations of the People's Republic of China on Public Security Administration Punishments.
Article 53 The staff of state organs dereliction of duty or harboring the operator's infringement of the legitimate rights and interests of consumers, by their units or higher authorities to give administrative sanctions; the circumstances are serious, constituting a crime, shall be investigated for criminal responsibility.