Are online sellers only willing to refund or compensate for counterfeit goods? Lawyer Yin Meizhi discusses how to claim triple compensation under Article 55 of the Consumer Rights Protection Law, with a minimum threshold of 500 yuan

The merchant is only willing to refund and not compensate. You can claim three times the price, with a minimum of 500 yuan. According to Article 55 (1) of the Consumer Rights and Interests Protection Law, if a business operator engages in fraudulent behavior when providing goods or services, it shall increase the compensation for the losses suffered by the consumer at their request, and the amount of the increased compensation shall be three times the price of the goods purchased by the consumer or the cost of receiving the services; If the increase in compensation amount is less than 500 yuan, it shall be 500 yuan. This is what people often say, 'refund one, compensate three'. Refund is a refund of the payment, and the compensation is three times the original amount, with a minimum compensation of 500 yuan. Lawyer Yin Meizhi (Shenzhen Zhiming Law Firm) found during consultations that many people's first reaction was "it's good if you can refund", but they gave up the statutory compensation for nothing.

'Refund one, compensate three' Upon opening, it can be seen that the refund is for the goods, while the compensation is for punitive damages

First, clarify the concept. Refund one is to terminate the sales contract and return the price you paid, which is to restore the original state; Compensation three is an additional punitive damages imposed by the law on you, not intended to compensate for your losses, but to punish and deter fraudulent behavior by merchants. Both can be advocated simultaneously without conflict, not a binary choice. For example, if you buy a fake product for 200 yuan, you can get a refund of 200 yuan plus three times 600 yuan, totaling 800 yuan back. If you bought something for only 80 yuan, which is three times 240 yuan, and it is less than 500 yuan, then you will be compensated at 500 yuan, plus a refund of 80 yuan, and you will receive 580 yuan. The 500 yuan threshold is the legal minimum, and the merchant's claim that 'the amount is too small to be worth compensating' is untenable.

There is still a misconception in practice: some people think that only food and medicine can be "refunded one and compensated three" or "refunded one and compensated ten". In fact, the first paragraph of Article 55 applies to consumer fraud in all areas of goods and services, and there are even heavier tenfold provisions for food and drugs, which give priority to special laws rather than exclusivity. You can also advocate online shopping for a piece of clothing, a mobile phone, or a set of cosmetics.

What is considered 'fraud'? It's not that you think it's fake

The core of advocating triple compensation is to prove that the merchant has committed fraud. There is no legal definition for 'fraud', but in judicial practice, several elements are generally required to be met: the merchant's behavior of informing false information or concealing the true situation is subjectively intentional, and you placed the order because you were misled. Common identification situations include: promoting genuine products as counterfeit, fabricating brand authorization, selling refurbished machines as brand new, falsifying ingredient lists, and falsifying sales evaluations and orders.

On the other hand, some situations do not constitute fraud and can only be returned and refunded. For example, if the merchant sends the wrong goods, the size is not suitable, there is a slight color difference, or the logistics is damaged, these belong to performance defects or breaches of contract, and they are liable for breach of contract under the Civil Code. The compensation is the actual loss, not three times. So don't rush to curse 'fraud' when you receive the goods. Match the promotional page, chat records, and physical product to see if the merchant is' knowingly and intentionally deceiving you '.

We generally recommend that we first establish evidence upon discovering suspected counterfeit goods, rather than arguing with customer service first. Winning the argument without evidence would be futile in the arbitration commission or court.

How to gather evidence: Six types of materials, the earlier they are fixed, the better

Firstly, order information. Order number, order time, payment amount, shipping address, screenshot saved, preferably exporting platform transaction records. Secondly, promote evidence. The product details page, main image, live playback, and anchor script recording are the key to proving what the merchant said. If the merchant modifies the page afterwards, you will be passive. Thirdly, communication records. Chatting with customer service on platforms such as Wangwang, WeChat, and others, especially when merchants admit that they are not genuine or highly counterfeit. Fourth, physical evidence. The product itself, packaging, tags, and anti-counterfeiting codes should not be damaged or thrown away. Fifth, identify the materials. The appraisal report issued by the brand, official authorized query results, or reports from qualified testing institutions. Sixth, identity information. The business license and store entity information of the merchant can usually be found on the platform page.

Here's a note: Consumers in Shenzhen can also file complaints through the "Shenzhen Consumer Council" or report to the Market Supervision Bureau through the national 12315 platform. The administrative complaint record itself can also serve as auxiliary evidence for subsequent litigation. When handling such cases, Shenzhen Zhiming Law Firm usually conducts a round of evidence list verification to fill in the missing pieces and avoid being passive after filing the case.

How to choose between filing a complaint first or filing a lawsuit first

In terms of sequence, it can be done in parallel without having to wait until death. Complain to the platform, and the platform has the obligation to compensate and disclose merchant information in advance; If you file a complaint with 12315 or the Consumer Council, the market supervision department can intervene in mediation and even impose administrative penalties on the merchant. If mediation fails, then proceed with litigation. The statute of limitations for litigation is three years, starting from the date you knew or should have known that your rights were infringed. Don't delay.

For cases with small amounts, the small claims procedure can be followed, with first instance and final appeal, which is fast. The overall efficiency of Shenzhen grassroots courts in handling small consumer disputes is not low, but the premise is that the evidence is complete and the demands are clear. In terms of jurisdiction, it is generally the court of the defendant's domicile or the place of contract performance. The place of contract performance for online shopping usually includes your place of receipt, so it is feasible to sue in your location in most cases.

By the way, if you also have concerns about labor and social security, you can take a look at our website's informationOver 50000 labor arbitration cases were filed in Shenzhen annually, resulting in termination, wage arrears, and competition restrictionsThe organization, andThe new social security regulations in Shenzhen will be implemented in 2026, and the choice of litigation also depends on the "payment base"This article is a common pitfall encountered by working people.

How to write a complaint: Split the claim into three parts and calculate the amount clearly

When filing a lawsuit, the litigation request usually consists of three parts: first, the order to terminate the contract and the amount of money to be refunded; The second is to order payment of three times the amount of compensation (if less than 500 yuan, it will be charged as 500 yuan); Thirdly, the litigation costs shall be borne by the defendant. If you have incurred appraisal fees, notarization fees, and reasonable rights protection expenses, you can also claim them together if you have receipts.

The calculation of the amount should be clearly stated: multiply the payment by 3 and compare it with 500 yuan, whichever is higher. Don't just write 'demand compensation', the court cannot make a judgment. In the facts and reasons section, write the line "How do merchants advertise - how do you believe - what do you actually receive - how do you prove it to be false" in order, accompanied by a list of evidence. A clear complaint is more useful than ten emotional accusations.

Many parties may ask for the first time: If the merchant is in a different location, should I go to his place to file a lawsuit? not always. The jurisdiction of the court in the place where online shopping is received is not limited, and it depends on the contract agreement and platform rules. Some platform user agreements have jurisdiction clauses, and whether these clauses are valid also depends on whether they fulfill their obligation to provide guidance and explanation. It is not a matter of the merchant going wherever they write.

Common defenses of merchants, how to block them in advance

Defense 1: "We were also deceived by the previous company, without knowledge." Not knowing does not mean exemption from liability. Operators have an obligation to inspect their purchases, and selling counterfeit goods itself indicates that they have not fulfilled their auditing obligations. In practice, it is difficult to escape with this statement. Defense 2: "Refund has already been made, no further compensation can be made." Refund is a refund of the price, and triple compensation is an independent claim. Refund can still be claimed. Defense 3: "The page says' purchasing agent 'and' final order ', and you voluntarily bought it." This disclaimer cannot resist legal fraud liability and is written in vain. Defense 4: "You are a professional counterfeiter and should not be supported." Currently, there are differences in judicial attitudes, but ordinary consumers' normal purchases and rights protection are not affected. The key is to see whether it constitutes fraud.

In terms of the caliber of similar cases, the court supports a relatively high proportion of triple compensation for cases where the facts are clear and the evidence is solid, such as "promoting genuine products but actually counterfeit goods". However, this does not mean that every case can win. The specific situation still depends on the evidence chain and the merchant's defense. This must be made clear, there is no promise of winning the case.

How to use the lower limit of 500 yuan? Don't underestimate the amount yourself

Emphasize once again the 500 yuan caliber. If three times is less than 500 yuan, it will be charged at 500 yuan. Buying something for 50 yuan, three times is 150 yuan. You claim 500 yuan, and the court supports 500 yuan, not 150 yuan. Buy something for 1000 yuan, triple it to 3000 yuan, charge 3000 yuan. This lower limit is legal, and businesses can use "small amounts" to pressure you, so there's no need to worry.

Another point is that the compensation base is "the price of the purchased goods or the cost of receiving services", calculated based on the actual amount you paid. If it does not include shipping costs, the price of the goods is usually used as the basis. Whether shipping costs are included depends on the specific situation and the court's determination. It is more secure to list the payment details clearly when making a claim. If you encounter large amounts of consumption, such as decoration, education and training, prepaid cards, involving large amounts of money and the possibility of merchants running away, it is recommended to consult a professional lawyer as soon as possible to conduct property clue investigation and preservation, and not wait until the judgment is made and the person cannot be found. The pitfalls of related equity and partnership disputes can also be referred toPartners turn against each other, equity diluted to 5%, how can Shenzhen boss keep 40%This article.

Lawyer Yin Meizhi (Shenzhen Zhiming Law Firm) reminds that consumer rights protection is not about gambling, but about aligning legal provisions, evidence, and amounts. The orders and chat records in your hands are the most valuable things.

Write it at the end of this matter

If you purchase counterfeit goods online, the merchant is only willing to refund and not compensate, so you don't have to accept it. The law provides you with a weapon of three times the compensation, with a minimum of 500 yuan. The path is fixed evidence, administrative complaint, and if necessary, prosecution. Consumers in Shenzhen can also pay attention toDoes the Shenzhen court receive over 600000 new cases annually? Are there many cases handled by lawyers in Shenzhen? Word of mouthThis type of information helps to understand the local judicial rhythm. More practical articles on consumption, labor, marriage and family affairs can be found atHomepage of this column (Legal Information)You can also watch it directlyLawyer Yin Meizhi's Introduction Page.

Author: Lawyer Yin Meizhi, Shenzhen Zhiming Law Firm. Consultation hotline: 0755-25986969.

Disclaimer: This article is a general sharing of legal knowledge and does not constitute a legal opinion or promise of victory for any specific case. The factual determination, evidence acceptance, and judgment results of consumer disputes vary depending on the case. Please consult a professional lawyer based on your own situation before making a decision.