According to Mr. Huy, the fact that J97 Entertainment company produces (or orders the production of) and sells lightsticks for profit is a commercial business activity under the provisions of the 2005 Commercial Law, because lightsticks in this case are considered a type of commodity.
To legalize the sale of lightsticks, Jack's company - J97 is required to register for business according to regulations, declare and pay taxes arising from business activities and financial obligations according to regulations.
“If the company uses its own website with online ordering and online payment functions (ie a sales website), then according to Decree 52/2013/ND-CP (amended and supplemented by Decree 85/2021/ND-CP) on e-commerce, the company is required to carry out the procedure of notifying the e-commerce sales website to the Ministry of Industry and Trade before selling products.
Selling via social networks (Facebook, Instagram...) is also considered e-commerce. Sellers on social networks must still comply with regulations on providing product information, responsibility to consumers, and especially tax obligations," said Mr. Huy.
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The leader of the HCM City Market Management Department said that if buyers of Jack's lightstick - J97 do not receive the product or get a refund, they can file a complaint with the authorities. Photo: FBNV |
In case the buyer does not receive the product or is not refunded, the representative of the HCM City Market Management Department affirmed that the buyer can file a complaint with the police if there are signs of a criminal offense. At the same time, the buyer can file a lawsuit at the People's Court to request the business to fulfill its obligations to deliver the goods, refund or compensate for damages (if any) due to breach of contract.
Buyers can also submit a complaint to the Department of Competition and Consumer Protection (Ministry of Industry and Trade) or the local Department of Industry and Trade to request dispute resolution in accordance with the provisions of the Law on Consumer Protection.
In case of signs of administrative violations, the police or market management agency will be the place to receive and handle. "In each specific case, if it is deemed that there is sufficient basis to determine that singer Jack - J97 has signs and acts of crime, the prosecuting agency can consider handling according to the provisions of the Penal Code" - Deputy Head of the HCM City Market Management Department emphasized.
Previously, the news of the program Chuyen Dong 24h (VTV) mentioned the case of Jack's company - J97. According to Chuyen Dong 24h, Jack's company - J97 earned 3.6 billion VND from selling 3,600 lightsticks, but after nearly 1 year, the buyer still has not received the goods.
On the evening of May 30, Jack's management company - J97 spoke up, saying that the reason the lightstick could not be delivered to the audience after a long time was because it was being produced abroad. Jack - J97's side affirmed that they did not deceive the audience.
“We confirm that the company has not committed any acts of deception or taken advantage of the trust of fans when selling the lightstick product. For those who need a refund, please send a request via email to the company's official address. We will promptly process it as soon as possible. For those who still trust and continue to wait for the product, we would like to respectfully send a special gift along with the lightstick as a thank you and apology for this wait,” said the singer's representative.
Accordingly, over the weekend (May 31 - June 1), some customers said they received refunds from the company after submitting requests.
Source: https://baophapluat.vn/quan-ly-thi-truong-tp-hcm-noi-ve-viec-cong-ty-cua-jack-ban-lightstick-post550940.html
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