Shortly after the Shanghai Industrial and Commercial Weibo announced the administrative punishment for Da Vinci's home, Da Vinci “fought upâ€: “Asked†to the industry and commerce department on his official Weibo for a few days, clearly expressing his dissatisfaction with administrative punishment and calling himself "Never falsified." Is Da Vinci really "innocent"? Is the reason for his argument really valid?
Dissatisfied with the administrative punishment Da Vinci Weibo "declared war" "hard air" in the end? !
On December 23, the Shanghai Municipal Administration of Industry and Commerce said through its official Weibo “Shanghai Industry and Commerce†that it has issued an administrative penalty decision letter to Da Vinci Home Furnishings Co., Ltd. According to the regulations, the "Cappuccino" furniture distributed to Da Vinci is not equipped with Chinese manuals, does not comply with the national mandatory standards, and some products have been tested and some indicators are unqualified, and it is decided to confiscate the unqualified products, and A fine of 1,334,200 yuan; the labeling of the products sold by the company is generally irregular and ordered to be corrected; according to the relevant provisions of the Advertising Law, the company’s website advertisements use the top-level of “the largest and highest grade in Asiaâ€. The irregular behavior of the language is ordered to stop publishing and correct it.
A stone stirred up a thousand waves. Less than 4 hours after the microblog was issued, Da Vinci’s official Weibo “Da Vinci Home†replied that “Da Vinci has never made a fake! Da Vinci’s disapproval of the administrative punishment decision of the Shanghai Industrial and Commercial Bureau will be File an administrative lawsuit against the bureau and investigate the legal liability of the bureau for illegal administration."
On the 24th, Da Vinci Home published a three-page public statement on its Weibo, which denied the administrative punishment of the industrial and commercial departments: CCTV reported that it was a “false reportâ€; the quality of the furniture sold by the agent was consistent. Mandatory national standards, do not accept the test results of industry and commerce; administrative litigation will be filed against the Shanghai Municipal Administration of Industry and Commerce.
Two hours later, Shanghai Industry and Commerce re-issued Weibo and reiterated that the sale of imported furniture in the Chinese market must be accompanied by a Chinese manual, which is a national mandatory standard. Da Vinci has admitted that it does not provide consumers with Chinese manuals. This is illegal and must be punished by law. Regarding the determination of the quality of some products, the Shanghai Industrial and Commercial Bureau is based on the appraisal conclusions issued by the national legal authority. Made; for the administrative lawsuit filed by Da Vinci's home against administrative punishment, the industrial and commercial department will respond to the lawsuit.
At 7:30 that night, Da Vinci’s home microblog indicated that Da Vinci had no intention and never avoided any legal responsibility, but “no one can be his own judge. Shanghai Industrial and Commercial has deprived Da Vinci of the right to reconsideration.†10 minutes later Shanghai Industrial and Commercial Weibo responded, “A business is honest, consumers are recognized by themselves; whether the industrial and commercial punishment is correct, the court has its own arbitrariness.â€
Expert Reviews
Da Vinci’s self-defense is untenable
After the microblogging voice, many netizens expressed dissatisfaction with Da Vinci's attitude. In fact, after consulting the relevant people, the reporter learned that Da Vinci's self-identification on Weibo seems to be somewhat weak, and its "hard air" is a kind of arrogant reaction that despise the individual's rights and interests.
Justification 1: The industrial and commercial punishment proves that CCTV’s report on “original fraud†is a false report?
For this, Wu Hong, dean of the School of Economic Law at East China University of Political Science and Law, said that the industrial and commercial department investigated and penalized Da Vinci’s problems in the circulation. Da Vinci deliberately confused the concept, which led to some misunderstandings among social consumers. Da Vinci is more "daring and bold".
Justification 2: The industrial and commercial testing adopts the recommended standards, and the administrative punishment lacks basis?
The staff involved in the test told the reporter that the "General Technical Conditions for Wood Furniture" based on the test is the only national standard in China's wood furniture industry. Although it is recommended, it contains many mandatory requirements, including formaldehyde emission. Indicators; and, prior to testing, Da Vinci made it clear that he agreed to follow this standard for testing.
In fact, in a rectification report previously provided by Da Vinci, it has also stated that “the company is willing to accept the administrative penalties imposed by the Shanghai Industrial and Commercial Bureau on the irregularities in Da Vinci’s business conduct; Some of the commodity indicators do not meet the Chinese government's quality standards, and all will be exchanged." From the current attitude, Da Vinci is suspected of "out of the box."
As early as July, Da Vinci posted a “public apology letter to consumers†on his official Weibo, clearly stating that “the question about some of the furniture of Da Vinci’s furniture is mainly focused on certain The company's origin labeling issues, quality issues and non-standard propaganda issues, the company humbly accept the supervision of government departments, the media and the public, and has carried out internal inventory and rectification work."
But nowadays, this apology letter has been "unseen" on its official website and official website, and people can't help feeling heart-wrenching. A netizen pointed out in the comments, "Da Vinci did not mean to accept these doubts humbly before? From the current attitude, what is the 'humble heart'?"
Da Vinci’s toughness also stems from the individual weakness of consumers in rights protection. Hu Yongxin, a lawyer of Yingke (Shanghai) Law Firm, told the reporter that from the sales agreements and invoices provided by consumers, the sales names and invoices of “Da Vinci†furniture do not see the product name, brand, material, origin and other elements. Instead, it is just a series of letters and numbers of product codes. "So individual consumers are absolutely weak relative to the merchants."
Such "code games" and specific contracts have made it difficult for consumers to defend their rights. A consumer who bought Da Vinci furniture told reporters that the store clerk boasted that the furniture sold was "all solid wood, all handmade", etc., but it was very beautiful; but now, when he defended his rights, he did not record the promoters. If there is no contract, it can only be "dumb to eat berberine."
Feedback link
Enterprises should give consumers the least respect
Netizens have questioned why, in the face of punishment, why can't companies give consumers the least respect? The netizen's "big cousin" said that whether it is Da Vinci furniture or any other business, no matter which country is doing business, All should respect the laws of the local countries, which is the most basic business ethics of the business, and should give consumers the least respect.
Netizen "jojopy-Zhu Jianping" also replied, Da Vinci also wants to continue to take the opportunity to appear, "I have always tried my best to despise the interests of consumers, and now I intend to continue to protect the interests of the company, despise the public's judgment and despise the law. Seriousness, there is no repentance and apology at all."
The netizen "Morning" has gained a lot of approval: Since Da Vinci has the right to question the penalties of industry and commerce, why can't consumers question Da Vinci's sincerity and quality? Da Vinci needs to explain, and consumers need to reach Finch's explanation.
Many netizens have questioned that more than 1 million penalties are too few. "Why is there no penalty for advertising?" Wu Hong explained that the penalty for the 1.33 million of the Shanghai Industrial and Commercial Bureau is in accordance with the provisions of the Product Quality Law. "A fine of 50% or more and three times less than the value of goods produced and sold illegally", 7 pieces of unqualified products detected by the Industrial and Commercial Bureau, the sales amount is about 600,000, which is a heavy punishment within the scope of the law; Da Vinci made exaggerated publicity on the website, and did not generate any advertising fees. According to China's advertising law, it is difficult to make a fine.
In response to Da Vinci’s attitude, experts said that consumers’ “voting with their feet†is the biggest punishment for untrustworthy companies. Since the beginning of this year, many big-name companies have been in crisis due to the issue of integrity. However, unlike Da Vinci, these companies have chosen to treat consumers with integrity in the face of crisis. For example, Ajisen Ramen has actively disclosed the administrative penalties imposed by the Industry and Commerce Bureau on the website of the Stock Exchange, and is willing to accept the punishment decision and rectification opinions, and will strictly control the store, and its share price has also rebounded to a certain extent.
A netizen said on Weibo that enterprises should remember the "5S" principle of crisis public relations - responsibility, sincere communication, speed first, system operation, and authority confirmation. Among them, the responsibility is always in the first place.
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