Compiled from: China Court Network, other online public channels
 
【案情】
 
Zhang wanted to buy a laptop and went to Li's computer specialty store, where a sign at the entrance read "Fake one, compensate ten." Later, Zhang purchased a laptop worth 5,000 yuan in the store. After taking it home, he verified the anti-counterfeiting code online and had it appraised by a professional, finding it to be a counterfeit product. Zhang then approached Li, demanding that he fulfill the "Fake one, compensate ten" promise. There was disagreement over whether Li should bear the responsibility of "Fake one, compensate ten."

 
【分歧】
 
Regarding whether Li should fulfill the "Fake one, compensate ten" responsibility, there are three opinions as follows:
 
The first opinion holds that "pay ten times for one fake" excessively burdens Li, making it an invalid standard clause, so Li does not need to fulfill this promise.
 
The second opinion holds that "pay ten times for one fake" was not stipulated in the contract, and the two parties did not reach such an agreement, so the promise is not binding on Li.
 
The third opinion holds that "pay ten times for one fake" is a voluntary and genuine promise made by Li, representing his true intention, and should be deemed valid, so Li must fulfill the responsibility of "paying ten times for one fake" to Zhang.
 
[Author's View]
 
The merchant's promise of "pay ten times for one fake" constitutes a penalty clause with a punitive nature between the merchant and the consumer. Once a transaction occurs between the consumer and the operator, forming a sales contract, this promise, as one of the contract terms, becomes legally effective.
 
This situation falls under the merchant's unilateral promise, where the merchant voluntarily imposes an obligation on itself. Therefore, as long as it represents the true intention, it has corresponding legal effect. If a customer actually purchases a counterfeit product in the store, they can demand the merchant fulfill the promise of "paying ten times."
 
But the key in practice is to correctly grasp the connotation of "fake" in the "refund ten times for one fake" promise.
 
So-called counterfeit goods, broadly speaking, are generally judged by whether the quality, material, performance, etc., of the product match what was promised when the merchant made the "refund ten times for one fake" commitment; some products also have their own industry-specific evaluation standards. If possible, try to ask the merchant to provide a written explanation of the commitment's connotation to fully protect consumers' legal rights.