The event replay sent friends 90,000 yuan luxury goods returned. In November 2010, Beijing businessman Mr. Sun bought 2 Fendi down jackets at Fendi Shin Kong Place Store and Guomao Store, and spent a total of 89,200 yuan. He then gave these 4 down jackets to his business partner, King Boss. Mr. Sun said that when they bought clothes, the clerk told him again and again that the origin of the clothing was Italy. He also saw the Chinese label of the down jacket, and the place of production was marked Italy.
In May 2011, Mr. Sun suddenly received a phone call from the driver of King Boss and asked him to go downstairs to pick up something. The driver picked up a large shopping bag in his arms. Mr. Sun saw that it was the 4 down jackets. The driver sarcasm: "Do you fool people with A cargo (imitation goods)?" Mr. Sun took the gift that was returned.
Mr. Sun found a good friend in English to help him find the down-lined seam on the washing label, in English marked "MADE IN BULGARIA" (Bulgarian production).
Mr. Sun said that in order to save face, he also spent 15 million to buy two LV handbags to Wang boss. In August 2011, Mr. Sun filed a lawsuit against Fendi (Shanghai) Commercial Corporation (hereinafter referred to as "Fundi") and claimed double compensation of 17,84 million on the ground that the actual origin of the label and clothing did not conform to fraud.
Fendi argued that the place of origin was wrong in court and that Fendi agreed to return the product but did not agree to double compensation.
Fendiâ€™s lawyers admitted that the down jacket in question was actually produced in Bulgaria, but the evidence stated that when Fendi Italy delivered the product to China, it was mistakenly marking the place of origin as Italy. His staff had produced Chinese labels under the wrong instructions, resulting in inconsistent expressions of the Chinese and English label origins of products purchased by Mr. Sun.
In addition, the lawyer said: "So expensive down jacket, Mr. Sun to pay cash one time, which is not consistent with the general luxury consumer behavior. One buy is four, the purchase of the motive is also suspect."
Court hearing: Fendi is not a fraud In October 2011, the People's Court of Chaoyang District, Beijing issued a verdict: a refund was returned, but it was found that Fendi was not a civil fraud. Mr. Sun appealed.
Mr. Sunâ€™s agent, Zhu Weinaâ€™s lawyer, questioned that Italyâ€™s â€œincidentallyâ€ issued incorrect delivery information. The affiliated company â€œsupposedlyâ€ produced a Chinese hangtag without verification. The quality inspector â€œaccidentallyâ€ did not check it and approved the sale of the goods. But these "surprises" were not mistakes by Fendi, but deliberate fraud.
On December 14, 2011, the court of second instance ruled that the case was upheld. The court of second instance found that the washing label of the down jacket involved in the case marked the actual place of origin in English. This shows that Fendi did not conceal the real origin, so it cannot be considered that Fendi had committed fraud.
However, some experts believe that the origin of Chinese label printing is Italy. The origin of English label printing is Bulgaria. It is a clear fraud. According to Article 49 of the "People's Rights Protection Law of the People's Republic of China," the company should bear punitive damages. Responsibility, double return of payment.
The reporter investigated the Findi International Trade Center â€œBulgariaâ€ and saw it in the litigation process. Fendi Company admitted that: â€œThe clothing involved was the production of a Finnish manufacturer by Fendi Italy and the Bulgarian manufacturer sent the clothing back to Italy. Fendi Italy delivered the company to us.â€
Fendi insisted that the Chinese label on the clothes was marked "Italy" because the information passed by Fendi Italy was "Italy origin".
Fendiâ€™s lawyers also submitted to the court a â€œProduct Descriptionâ€. From the attached list, the reporter found that in November 2010, only Fendi International Trade Co., Ltd. sold 21 models of autumn and winter clothing produced in Bulgaria. The â€œspring/summer 2011 merchandiseâ€ sold at the store included 2 clothes made in Romania and 4 made in Ukraine, while leather clothes were all produced in China.
On the Internet, the reporter could not find any news about Fendi's clothing OEM. In the two stores, the reporters saw clothing labels, all of which were marked as Italian. A salesman at the China World Trade Center told this reporter with certainty that Fendiâ€™s knitwear and leather prairie origin are all Italian. However, another salesperson said that "some of the down jackets are not made in Italy."
Secret products in the industry to return home abroad "An zipper"
The owner of a clothing OEM company (a pseudonym) revealed that at present, many of the world-class luxury brands, a considerable part of which are not produced in the country, are produced by some countries with low labor costs.
He told reporters that a popular "hidden rule": According to the provisions of countries, the country in which the product finished the last processing step, and ultimately become a finished product, which country is the "country of origin." Therefore, the â€œbig namesâ€ took this loophole. After most of the steps in product processing were completed in the OEM countries, they returned the â€œsemi-finished productsâ€ to China and completed the final processing steps in the country. Such products, origin or "big" country.
**Said: "An Italian brand garment can complete most of the processing steps in Bulgaria, leaving the zipper unmounted, and then being shipped back to Italy for final processing. The origin of this garment is crowned as 'Italian'. And this is in line with the law, and it is not a mistake."
The "manufacturing of semi-manufactured goods" by the OEM "provincial provinces" said that this practice has two advantages: On the one hand, the product can be marked with a nice "producing country"; on the other hand, the post-manufactured product is shipped back to China. Can also save tariffs.
He explained that the product can only be regarded as a "semi-finished product" without completing the final production steps or adding the trademark. The cost of semi-finished products is difficult to verify, so the tariffs for shipping them back to the country are relatively low. Although ** said, "No matter where luxury goods are produced, the quality of manufactured products is almost the same, consumers should agree with the added value of brands, materials, designs, etc.," but he also admitted that for those "big names" For our part, the above â€œhidden rulesâ€ are unwilling to let consumers know, and the issue of OEM is very confidential.
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