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No. 2 of Ten Model Cases Involving the Protection of Consumer Rights Issued by the Supreme People's Court, White Paper No. 2 of Status of the Safeguarding of Consumer Rights by the People's Courts (2010-2013) Issued by the Supreme People's Cour: Zhao Xiaohong v. Beijing Panam Furniture Co., Ltd. (Sales contract dispute)
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最高人民法院公布10起维护消费者权益典型案例之二、最高法院发布《2010-2013年人民法院维护消费者权益状况》白皮书之二：赵晓红与北京泛美卓越家具有限责任公司买卖合同纠纷案
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【法宝引证码】
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No. 2 of Ten Model Cases Involving the Protection of Consumer Rights Issued by the Supreme People's Court, White Paper No. 2 of Status of the Safeguarding of Consumer Rights by the People's Courts (2010-2013) Issued by the Supreme People's Cour: Zhao Xiaohong v. Beijing Panam Furniture Co., Ltd. (Sales contract dispute)
(Sales contract dispute)
最高人民法院公布10起维护消费者权益典型案例之二、最高法院发布《2010-2013年人民法院维护消费者权益状况》白皮书之二：赵晓红与北京泛美卓越家具有限责任公司买卖合同纠纷案
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[Key Terms]
false propaganda ; fraud ; additional indemnification
[核心术语]
虚假宣传;欺诈行为;额外赔偿
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[Disputed Issues]
1. Can a consumer be supported by a people's court, if she requests for the return of the paid price and an additional indemnification equal to one time of such a price as an operator defrauds in its propaganda?
[争议焦点]
经营者存在虚假宣传行为，消费者要求退还价款，并额外赔偿相当于价款一倍的金额，能否获得法院支持？
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[Case Summary]
Operators shall provide true information on goods or services to consumers and shall not make any misleading false propaganda. They will be defrauding consumers if there is false propaganda about goods or services provided by them. Article 49 of the Law of the People's Republic of China on the Protection of Consumer Rights and Interests (1993) provides that "operators shall...
[案例要旨]
经营者应当向消费者提供有关商品或者服务的真实信息不得作引人误解的虚假宣传如经营者提供的商品或服务存在虚假宣传则构成对消费者的欺诈。根据1993年《消费者权益保护法》第四十九条...
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| No. 2 of Ten Model Cases Involving the Protection of Consumer Rights Issued by the Supreme People's Court, White Paper No. 2 of Status of the Safeguarding of Consumer Rights by the People's Courts (2010-2013) Issued by the Supreme People's Cour: Zhao Xiaohong v. Beijing Panam Furniture Co., Ltd. (Sales contract dispute) | | 最高人民法院公布10起维护消费者权益典型案例之二、最高法院发布《2010-2013年人民法院维护消费者权益状况》白皮书之二：赵晓红与北京泛美卓越家具有限责任公司买卖合同纠纷案 |
| —It is a commercial fraud to sell board wood furniture as solid wood furniture, and the vendor shall assume the liability of “refund of price paid and damages in the amount of price paid.” | | ——板木材质家具作为实木家具出售构成商业欺诈，应承担“退一赔一”的责任 |
| 1. Basic Facts | | （一）基本案情 |
| On October 1, 2010, Zhao Xiaohong purchased several pieces of furniture from Beijing Panam Furniture Co., Ltd. (hereinafter referred to as “Panam Company”) with a total price of 23,960 yuan. There were Chinese characters such as “birch,” “red birch from the U.S.,” and “walnut” marked by Panam Company on the furniture involved, and it was also stated in the furniture delivery note that the aforesaid furniture was made of “solid wood.” Zhao Xiaohong later found out that the furniture involved was made of board wood. Therefore, she filed a lawsuit with the People's Court of Chaoyang District, Beijing, claiming that the furniture should be returned and Panam Company should refund to her the price paid and pay her damages of 23,960 yuan. | | 2010年10月1日，赵晓红在北京泛美卓越家具有限责任公司（以下简称泛美公司）购买家具若干件，合计价款23960元。涉案家具上有该公司注明的“桦木”、“美国赤桦木”、“胡桃木”等字样，且家具送货单上加注了上述家具为“实木”。后赵晓红发现涉案家具材质为板木结合，遂诉至北京市朝阳区人民法院，请求退还涉案家具及货款等，并赔偿23960元。 |
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