As far as general consumer goods are concerned, consumers can make a rough judgment on the quality of goods, etc. However, for luxury goods such as jewellery, the average consumer is difficult to judge whether the goods are genuine or good because of the limitations of knowledge and equipment. Bad, can only be judged and identified based on indirect information such as merchant reputation, commodity word of mouth or identification certificate of the relevant identification agency. However, some fake and substandard jewellery products appear on the market with so-called identification certificates. Even some irresponsible appraisal agencies have issued inconsistent identification conclusions on the same jewellery, which makes consumers feel at a loss. .
The identification certificate is difficult to distinguish between true and false. The reason is that the level of the appraisal organization is uneven, and the appraisal conclusion is arbitrarily large. Even some bad appraisal organizations are profit-seeking. They can spend money to buy certificates. Second, the relevant government departments will identify the appraisal. The issuance of certificates, the use and review procedures are weak, resulting in some unqualified institutions and even fabricated institutions issuing false identification certificates. Third, most buyers use jewelry as a gift, and buyers are not final consumers. Those who consider the identification certificate when shopping will be fine, and will not be more serious in quality issues, providing an opportunity for false identification certificates.
At present, there is no uniform standard for jewelry identification certificates in China. If understood from a functional perspective, the certificate of jewellery should be a description of the jewellery goods that the merchant sells. Article 22, paragraph 2 of the Law on the Protection of Consumer Rights and Interests of China stipulates: “Where the operator indicates the quality of the goods or services by means of advertisements, product descriptions, physical samples or other means, the actual quality and indication of the goods or services provided by them shall be guaranteed. The quality status of the law is consistent." The first paragraph of Article 9 of the Anti-Unfair Competition Law of China stipulates: "Operators shall not use advertisements or other methods to determine the quality, composition, performance, use, producer, expiration date, origin, etc. of the goods. It is a false propaganda that is misleading. The above provisions clearly require that operators should not make false propaganda in order to compete for the market and mislead consumers. All of them refer to “other waysâ€, which actually include the qualification certificate required by the merchant to be presented. The corresponding jewelry items match.
Fuzzy labeling is also a violation of the right to know
There is a rather popular saying in the jewelry market: "There is no price outside the line." This statement points out that the ubiquitous merchants in the jewelry market are free to price using the weakness of the consumer.
Judging from the characteristics of the jewelry industry, the professional identification of jewelry is high, and the technical content is high. Generally, it requires corresponding knowledge, experience and strong judgment ability of jewelry, and sometimes it needs to be supplemented with professional instruments and equipment. It is very difficult for ordinary consumers to obtain more accurate judgments by means of intuitiveness, which makes the information of buyers and sellers in the jewelry market asymmetrical, and this information asymmetry is more obvious than other markets. Some merchants use this kind of information asymmetry, deliberately stealing the column in the name of the jewelry, and making false marks, such as using agate as a crystal. A more common way is to use fuzzy labeling, such as the artificially synthesized "zirconia" as "zircon", the "dyed pearl" as "pearl" and so on. Whether it is false or fuzzy, it directly infringes on the consumer's right to know.
Article 8 of the Law on the Protection of Consumer Rights and Interests in China stipulates: “Consumers have the right to know the truth about the goods they buy or use or the services they receive.†The false labeling and fuzzy labeling in the jewelry market does not provide consumers with The real and comprehensive information of the goods is misleading to the purchase behavior of the consumers; on the other hand, it also facilitates the high price and profiteering of the merchants. Because consumers are difficult to distinguish, it is difficult to effectively monitor whether the business behavior of the operators is in compliance with the law, fuzzy labeling or false labeling is also popular in the jewelry market. In this regard, some scholars have proposed to develop a standard quality and price certification standard for the jewelry industry, regulate the order of the jewelry market, and let consumers clearly understand consumption.
"Fake a penalty of ten" is not legally mandatory
In the jewelry store, you can often see the "fake penalty for ten" store notice, you can also hear the clerk's promise of "fake a penalty ten." Operators make such a commitment to win the trust of consumers and enhance their purchasing confidence. For valuable goods such as jewellery, the promise of “fake a penalty of ten†can really impress people, but can the promise of “fake a penalty of ten†really be honored?
In recent years, the number of “fake penalty 10†lawsuits accepted by the courts has been increasing. From the current situation, “fake a penalty of ten†is mostly used by the operators as a marketing tool, and can truly "It is considered to be a rare constraint on business conduct. Even if fakes are found, operators often find a variety of reasons to refuse to honor the promise of "fake a penalty of ten."
At present, China only stipulates ten times compensation in the Food Safety Law, and the Consumer Protection Law stipulates that it is twice the compensation. In other words, the jewellery industry's "fake a penalty of ten" commitment, there is no mandatory provision in the law, many operators are taking this as an excuse, do not honor the promise of "a penalty of ten."
In fact, if the “fake penalty 10†is regarded as a kind of agreement between the buyer and the seller on the liquidated damages, then according to the second paragraph of Article 114 of the Contract Law: “The agreed liquidated damages are lower than the losses caused, the parties The people's court or the arbitral institution may be requested to increase; if the agreed liquidated damages are excessively higher than the losses caused, the parties may request the people's court or the arbitral institution to appropriately reduce them." Therefore, the jewellery valuable goods "fake a penalty of ten" commitment In litigation, the operator does not necessarily receive full support from the court.
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