Identification Of The Authenticity Of Leather Fabrics Two Agencies Concluded Quite Differently.

< p > for the sake of authenticity of a sheep fur coat with a value of more than twenty thousand yuan, consumers and businesses have identified the identification bodies respectively, and the results belong to two accreditation bodies of a competent department, but they have come to different conclusions. Finally, the court commissioned the expert appraisal according to its functions and powers. The conclusion was that some of the fabrics were goat skins, and the court of first instance ruled that the merchants should pay back one. After the court refused to accept the appeal, the Nanjing intermediate people's Court concluded that although there was a difference between the leather composition and the appraisal result, it could not prove that there was a fraud in the merchant's business. < /p >
< p > < strong > A consumers believe that leather clothing has a false indictment of shopping malls claims < /strong > /p >
< p > October 17, 2011, Ms. Liu bought a black fur coat at a famous shopping mall, and the price was 21120 yuan. The certificate attached to the coat is marked with the name of a fashion trade (China) Limited, which is made of sheep skin. Sales staff said that the origin of this leather garment is Turkey, and its quality is absolutely excellent. After the leather clothing was bought, Ms. Liu was still not at ease. It was easy to entrust the "national fur quality supervision and inspection center" in October 25, 2011 (hereinafter referred to as "fur center") to test the coat. In October 27th, the fur Center issued a test report, which was based on QB/T2822-2006. The result is: the fur of the collar and sleeve is non sheep skin, and the single item is "unqualified". < /p >
< p > Ms. Liu then asked a shopping mall to produce the inspection report of the fur coat and the certificate of origin of Turkey origin. Ms. Liu therefore believed that the behavior of a mall constituted fraud and infringed the legitimate rights and interests of consumers, and then brought a shopping mall to the former Nanjing Bai Xia District Court (now merged with the Qinhuai District Court), requesting a commercial city to refund Ms. Liu's shopping expenses of 21120 yuan, compensate 21120 yuan, and bear the cost of litigation. < /p >
After a p session, a shopping mall said that the leather garment was imported and had passed the customs inspection and quarantine. The air waybill and the certificate of origin issued by the mall clearly read "Lamb skin", that is, the skin of the sheep cub. As a business operator, a mall is marked according to the contents of the certificate of origin produced by the dealer. After receiving the complaint, < a target= "_blank" href= "http://www.91se91.com/" > clothing < /a > the manufacturer tested the clothing against the case, and the result showed that the material of the big body, collar and cuff was sheepskin, so there was no fraud. < /p >
< p > a mall also believes that, according to Ms. Liu's inspection report, even if it is not sheepskin, it is only the neckline and cuff. According to the identification requirements of fiber content of "People's Republic of China a target=" _blank "href=" http://www.91se91.com/ "> textile < /a > industry standard, the area can not be more than 15% of the product surface area. In light industry, the identification of the composition and content of the clothing raw materials is based on the above standards, and no single fur label standard is issued. Therefore, we request the court to dismiss Ms. Liu's claim. < /p >
< p > < strong > B, both sides were ordered to make rectification /strong < < /p >.
< p > in order to prove that her product is qualified, in December 23, 2011, a mall commissioned "a target=" _blank "href=" http://www.91se91.com/ "leather < /a > Quality Supervision and Inspection Center (Zhejiang)" (hereinafter referred to as "Zhejiang leather center") to test the same type of sheepskin coat. The test conclusion is: the bulk of the sample, collar and cuffs are all sheepskin leather. According to a certain shopping mall, the inspection report issued by the fur Center for Ms. Liu is illegal, and a lawyer is required to file a complaint with the national certification and accreditation supervision committee (hereinafter referred to as the "Certification Committee"). < /p >
< p > April 24, 2012, the attestation replied that there is no applicable standard for inspection and appraisal of wool fur at present. Inspection and identification mainly rely on the sensory judgment of professionals. There is no item for inspection and identification of woollen fur in the existing authorized area of the fur center. The test report issued by the certification committee does not have legal effect and can not be used as a proof of the data and results to the society. At the same time, according to the relevant provisions of the "national product quality inspection center authorized management measures", the fur center has been ordered to rectify the deadline. < /p >
< p > Ms. Liu is very unconvinced. She also complained to the certification authority about the accreditation body entrusted by the shopping mall. As a result, in June 14, 2012, the Certification Commission gave essentially the same reply. It also ordered the leather center of Zhejiang to be rectified within a specified time. In the face of such a crying situation, Ms Liu again applied for identification in court hearing. < /p >
< p > < strong > C two trial judgment < /strong > /p >
< p > < strong > merchants refund consumers return less than /strong > /p >
< p > then, the court launched the "national leather products quality supervision and inspection center" to identify the clothing. In July 4, 2012, the center issued an appraisal opinion. The contents are: fur clothing material is fur leather, sheep's skin and collar and cuffs are made of goat skin. < /p >
< p > after further hearing, the Court confirmed that the country of origin of the garment was Turkey, and the name of the goods was the cub fur coat. According to the expert's opinion, the white coat court's coat collar and cuff are all made of Mao goat skin material, but a mall is not sold when it is sold. The behavior of a mall has constituted fraud. A shopping mall was returned to Miss Liu for 21120 yuan, and the compensation was 21120 yuan. Ms. Liu returned the fur coat to a shopping mall. < /p >
< p > a commercial city refused to accept the first instance judgment and appealed to the Nanjing intermediate people's court. After the acceptance of the Nanjing intermediate people's court, it affirmed the facts identified by the court of first instance, and held that the dispute between the two sides was whether the behavior of the mall constituted fraud or whether it should bear the responsibility of repaying the purchase money and paying the loss according to the amount of shopping. For this focal point, the Nanjing intermediate people's hospital first confirmed that the black fur coat bought by Ms. Liu was marked with sheep skin. The product quality appraisal institution commissioned by the court of first instance identified that the fur coat and collar were made of goat skin. The labels attached to the fur coat of the city are different from the results of the identification, but this difference does not have a qualitative impact on the appearance and quality of the merchandise sold, and the theme of the product is in conformity with the labeling standard. The label does not mark "100% sheep skins". It does not belong to the law that "adulteration, adulteration, adulteration, adulteration or disqualification of goods as a qualified commodity" is not stipulated in the law. A mall has not made false propaganda to consumers, and should not be identified as a fraud. It is decided that a mall will refund Ms. Liu 21120 yuan, and Ms. Liu will return the fur coat to a shopping mall, and the fees for both sides will be half of the appraisal fees. On this basis, the Nanjing intermediate people's court believes that a business (the party is a pseudonym) < /p >