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Zircon Pendant is a synthetic zircon online shop false propaganda was sentenced to a loss of ten
Jul 12, 2018

"Zircon Pendant" is a synthetic zircon online shop false propaganda was sentenced to a loss of ten


(Reporter An Ran) The "Zircon Pendant" sold by a necklace company's flagship store on an e-commerce platform promised "a penalty of ten". After the buyer Ma bought it, it was identified as "synthetic cubic zirconia". So I asked for ten times compensation. The reporter learned from the Second Intermediate People's Court in Beijing that the court overturned the first-instance judgment in the second instance and ordered the flagship store to compensate ten times.


The product, called "925 Silver Necklace Female Korean Clavicle Zircon Pendant Long Jewelry", is sold in a necklace company's flagship store. Its webpage promotion shows: fake a penalty of ten, authentic guarantee. The consumer Ma bought 15 of the 3,420 yuan, and was identified as a synthetic cubic zirconia pendant by the National Jewelry Quality Supervision and Inspection Center. Ma was consulted by Wangwang, and the customer service staff replied that the product was zircon. Therefore, Ma was sued for the fraud of the necklace company, asking the court to judge the necklace company to refund 3,420 yuan of goods, compensation of 34,200 yuan, return and refund 450 yuan inspection fee and all litigation costs.


After the judgment of the court of first instance, the necklace company refunded Ma’s 3,420 yuan payment, and Ma returned 15 necklaces and rejected Ma’s other claims. Ma appealed to the Second Intermediate People's Court, and the Second Intermediate People's Court heard the case and sentenced: The necklace company returned Ma's 3,420 yuan payment, the compensation amount was 34,200 yuan, and the cost of the test was 150 yuan. Ma returned 15 necklaces and 15 ring gifts.


The presiding judge said that in the "National Jewelry and Jade Name", there are very clear rules for the names of natural gemstones and synthetic gemstones: the former directly uses the basic name or the mineral name, and the latter must be added with the word "synthesis". Once a basic name for a gemstone is used in a commodity, it should be natural rather than synthetic. On the sales page, the necklace company marked the name of the product in question as “Xiangfen 925 Silver Necklace Female Korean Clavicle Zircon Pendant Long Jewelry”, then it should naturally use natural zircon instead of the synthetic confirmation confirmed in the later certificate. Zircon. In addition, the direct expression of the customer service staff is inconsistent with the goods actually received by Ma. The judge thus determined that Ma claimed that the necklace company had fraudulent acts and had factual and legal basis.