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erexchen
Reacher
Joined: Aug 14, 2006
Posts: 218
Location: Shanghai
Status: Offline
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 Posted:
Nov 09, 2006 - 01:08 PM |
 
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How to apply for Chinese trademark
A lot of foreign companies or individuals will consider protecting their trademark right by registering their trademark in China when or before they enter into Chinese market for conducting business.
The first and most important step is to register the trademark according to Chinese Trademark Law. For the purpose of registration, the following documents and materials are necessary:
A. Instruction letter
The Instruction Letter will include the name and address of the applicant, goods/service classification on which the trademark is used, etc.
B. Power of Attoreny
C. Trademark pic, totally 15 copies
D. The Chinese translation of the foreign applicant name and address
E. Priority. If the applicant asks for priority right in China, he shall submit such requirement when filing the application to SIPO, and meanwhile providing relevant documents for his priority. Such documents issued by a foreign trademark authority shall include the first application date and application number in that foreign country. Usually, the documents of priority are allowed to be submitted within 3 months upon the application to SIPO. |
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erexchen
Reacher
Joined: Aug 14, 2006
Posts: 218
Location: Shanghai
Status: Offline
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Nov 16, 2006 - 11:09 AM |
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Conditions for marriage
(1) Marriage shall be based on the complete willingness of both man and woman. No party may coerce the other party to enter into marriage, and no third party may interfere with the marriage.
(2) In order to get married, the man shall not be younger than 22 years old and the woman shall not be younger than 20.
(3) Marriage shall be prohibited in any of the following circumstances:
a. if the man and the woman are lineal relatives by blood or collateral relatives by blood up to the third degree of kinship;
b. if either the man or the woman is suffering from any disease that is regarded by medical science as rending a person unfit for marriage.
(4) The man and woman who apply for marriage shall go to the marriage registration authority in person to get registered. If they meet the requirements of this law, they shall be registered and be given a certificate of marriage. The obtaining of a certificate of marriage means the establishment of the relationship of husband and wife. Those who live as husband and wife without registration shall go through remedial registration procedures.
(5) If any of the following circumstances occurs, the marriage shall be invalid:
a. if either party is a bigamist;
b. if both parties are in the kinship that is forbidden from getting married by law;
c. if any party has suffered from any disease that is held by medical science as rending a person unfit for getting married and the disease has not been cured after marriage;
d. if any party has not come up to the legitimate age for marriage |
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Satcoffee
Newbie
Joined: Nov 16, 2006
Posts: 4
Status: Offline
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Nov 16, 2006 - 01:57 PM |
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erexchen
Reacher
Joined: Aug 14, 2006
Posts: 218
Location: Shanghai
Status: Offline
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Nov 21, 2006 - 11:48 AM |
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Property Division:
A. The following properties incurred during the existence of marriage shall be jointly owned by both husband and wife:
a. wages and bonuses;
b. any income incurred from production or management;
c. any income incurred from intellectual property;
d. any property inherited or bestowed, with the exception of those as mentioned in the following B©;
e. other property that shall be jointly owned. Both husband and wife shall have equal rights in the disposal of jointly owned property.
B. The following property shall be owned by either the husband or the wife:
a. the pre-marital property that is owned by one party;
b. the payment for medical treatment or living subsidies for the disabled arising from bodily injury on either party;
c. any property inherited or bestowed according to agreement inclusively by one party
c. the articles of living specially used by either party;
d. other property that shall be used by either party.
C. Husband and wife may come to an agreement whether the property incurred during the existence of marriage or prior to marriage to be owned by each party, to be jointly owned or partially owned by each party and partially owned by both parties. The agreement shall be made in written form. Where there is no such agreement or it is not explicitly agreed upon, A and B shall apply.
D. The agreement concerning the property obtained during the existence of marriage and pre-marital property shall be binding upon both parties.
If you have any enquiry, please feel free to contact me. |
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erexchen
Reacher
Joined: Aug 14, 2006
Posts: 218
Location: Shanghai
Status: Offline
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Dec 01, 2006 - 01:05 PM |
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Divorce
A. Divorce shall be allowed if both husband and wife are willing to divorce. Both parties shall apply to the marriage registration authority for divorce. The marriage registration authority issues a certificate of divorce after confirming that both parties are indeed willing to divorce and have made proper arrangements for their children and have properly disposed of their property.
B. Where either the husband or wife applies to get divorced, the departments concerned may make mediations, or he or she may file a suit at the peoples court for divorce. The peoples court shall make mediations in the process of hearing a divorce suit; divorce shall be granted if mediation fails because mutual affection no longer exists. Divorce shall be granted if any of the following circumstances occurs and mediation fails:
a. either party is a bigamist or a person who has a spouse but co-habits with another person;
b. there is family violence or maltreatment or desertion of any family member;
c. either party is indulged in gambling, drug-abuse or has other vicious habits and refuses to mend his or her ways despite of repeated admonition;
d. both parties have lived separately due to lack of mutual affection for up to two years;
e. other circumstances that have led to the nonexistence of mutual affection as husband and wife.
C.The husband may not apply for divorce when his wife is pregnant or within one year after giving birth to a child or within six months after terminating gestation. This restriction shall not apply to the case where the wife applies for divorce or the peoples court deems it necessary to accept the application of the husband for divorce.
D. If, after divorce, both parties desire to resume their husband-and-wife relationship, they shall go through the registration procedures at the marriage registration authority.
E. After the divorce of the parents, the children remain the children of both parties no matter they are supported directly by either the father or mother.Both father and mother shall, after divorce, have the right and the obligation of upbringing their children.
It is the principle that the children during lactation shall be brought up by their mother after the divorce of the parents. If any dispute arises concerning which party shall bring up the children beyond lactation, such dispute shall be settled by the peoples court according to the specific conditions of both parties and in light of protecting the rights and interests of the children. |
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erexchen
Reacher
Joined: Aug 14, 2006
Posts: 218
Location: Shanghai
Status: Offline
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Dec 04, 2006 - 03:42 PM |
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continue...
F. In any of the following circumstances which has led to the divorce of husband and wife, the innocent party shall be entitled to claim damages:
a.bigamy;
b.cohabitation between a person who has a spouse but co-habitats with a third person;
c.familial violence;
d.maltreating or deserting any family member.
G. If, at the time of divorce, any party conceals, transfers, sells or destroys the property jointly owned by both husband and wife, or fabricates any debt in an effort to seize the property of the other party, the person who conseals, transfers, sells or destroys the jointly owned property or fabricates the debt may, in the partition of jointly owned property, have a smaller or even no share. If any party discovers any of the afore-mentioned acts after divorce, he or she may file a suit at the peoples court to apply for repartitioning the jointly owned property. The people's court concerned may punish any of the acts that hampers the civil litigation concerning the afore-mentioned acts according to the civil procedure law.
All above information is about Chinese Marriage Law. If you have any question, please feel free to contact me erexchen@handylawfirm.com |
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erexchen
Reacher
Joined: Aug 14, 2006
Posts: 218
Location: Shanghai
Status: Offline
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Dec 04, 2006 - 03:44 PM |
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We will continue the trademark and IP related topics at the following sections. Thank you for your support. |
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Shanghigh
Talker
Joined: July 11, 2006
Posts: 93
Status: Offline
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Dec 05, 2006 - 05:56 PM |
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Hi erexchen! Do you think you can give me some advice on this situation? I made a topic about it here: http://www.shanghaiexpat.com/index.php?name=MDForum&file=viewtopic&t=5 3515
Due to medical issues i just quit my job. I had 30 days notice, gave them that in end of November.
Unfortunately, i was sick and unable to work the last two weeks.
Got my salary today. They payed me only 50% of it!
My salary is 15 000 RMB / month, in my account they deposited like 7200...
Is that correct...? Last time i was sick for 1 week i got like 1000 less...!
This is a government company... this **** me really bad because i have medical costs due to my illness and it's CHRISTMAS for gods sake! HEARTLESS BASTARDS! |
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erexchen
Reacher
Joined: Aug 14, 2006
Posts: 218
Location: Shanghai
Status: Offline
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Dec 06, 2006 - 05:02 PM |
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Dear Shangligh, I am on business trip these days and will consider your question and get back to you as soon as possible. Could you leave your contact info in my mailbox? my email is erexchen@handylawfirm.com |
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erexchen
Reacher
Joined: Aug 14, 2006
Posts: 218
Location: Shanghai
Status: Offline
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Dec 11, 2006 - 12:25 PM |
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Dear Shangligh,
With regard to the payment you are entitled to during your sick leave, the followings should be followed:
A. You shall have applied the sick leave according to the company regulation. In most cases, the doctor's note is necessary;
B. If the employment contract/staff handbook includes the payment for sick leave, the employment contract/stafff handbook will appply;
C. If nothing is inclued in the employment contract/staff handbook concerning payment for sick leave, the payment during the sick leave shall be calculated as follows(if you just have worked in the company for less than 2 years):
the daily payment for sick leave(excluding holiday and non-working days) =the monthly salary*70%*60%/20.92
Regards
Erex |
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erexchen
Reacher
Joined: Aug 14, 2006
Posts: 218
Location: Shanghai
Status: Offline
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Dec 18, 2006 - 01:54 PM |
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Protection of the Right to Exclusive Use of a Registered Trademark in China
A. The right to exclusive use of a registered trademark shall be limited to trademarks which have been approved for registration and to commodities on which the use of a trademark has been approved.
B. Any of the following acts shall be an infringement upon the right to exclusive use of a registered trademark:
1)using a trademark which is identical with or similar to the registered trademark on the same kind of commodities or similar commodities without a license from the registrant of that trademark;
2)selling the commodities that infringe upon the right to exclusive use of a registered trademark;
3)forging, manufacturing without authorization the marks of a registered trademark of others, or selling the marks of a registered trademark forged or manufactured without authorization;
4)changing a registered trademark and putting the commodities with the changed trademark into the market without the consent of the registrant of that trademark. |
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erexchen
Reacher
Joined: Aug 14, 2006
Posts: 218
Location: Shanghai
Status: Offline
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| Posted:
Dec 19, 2006 - 12:11 PM |
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Settlement of trademark infringement
In the event of any of the acts, as listed above, infringing upon the right to exclusive use of a registered trademark, and a dispute arises accordingly, the parties shall negotiate to settle it; if any party refuses to negotiate or the negotiation has failed, the registrant of that trademark or the interested persons may bring a suit before a people's court, either may they request the administrative department for industry and commerce to handle the matter. If the administrative department for industry and commerce concluded that an infringement is constituted, it may order immediate stop of the infringement, and may confiscate or destroy the infringing commodities and the tools especially used for the manufacturing of infringing commodities and the forging of marks of the registered trademark, and may impose a fine in addition. If a party disagrees with this handling decision, it may bring a suit before a people's court within 15 days from the day of receiving the notification of handlings according to the Administrative Procedure Law of the People's Republic of China; if, at the expiration of such a period, the infringer has neither brought a lawsuit nor performed the decision after the period expires, the administrative department may apply to the people's court for compulsory enforcement of its order.
The administrative department for industry and commerce handling the case may, upon the request of a party, conduct mediation over the amount of compensation for the infringement of the right to exclusive use of the trademark; if the mediation has failed, the party may bring a suit before a people's court according to the Civil Procedure Law of the People's Republic of China. |
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erexchen
Reacher
Joined: Aug 14, 2006
Posts: 218
Location: Shanghai
Status: Offline
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| Posted:
Dec 20, 2006 - 04:33 PM |
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The government department's responsibility to deal with complaint of trademark infringement
A. The administrative department for industry and commerce shall have the right to investigate into and punish the acts infringing upon the right to exclusive use of a registered trademark; if a crime is suspected to be constituted, the case shall be promptly transferred to the judicial departments for handling according to law.
B. The administrative departments for industry and commerce at the level of county or above may exercise the following powers when investigating into and punishing the acts that are suspected to infringe upon the right to exclusive use of a registered trademark of others based on the evidence for suspicion of illegal acts or the report made by other people:
1)inquiring the parties concerned, investigating the information relating to the infringement of the right to exclusive use of a registered trademark of others;
2)consulting and copying the contracts, vouchers, account books and other relevant materials relating to the infringing activities of the party;
3)conducting on-spot examination of the places where the party is suspected to have committed the acts infringing upon the right to exclusive use of a registered trademark of others; and
4)examining the articles relating to the infringing activities; and may seal up or seize the articles proved by evidence to have infringed upon the right to exclusive use of a registered trademark of others. |
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erexchen
Reacher
Joined: Aug 14, 2006
Posts: 218
Location: Shanghai
Status: Offline
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| Posted:
Dec 22, 2006 - 01:38 PM |
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Term of Sick Leave
The sick leave an employee is entitled to refers to the term for medical treatment . The company is not allowed to terminate the employment contract during such term.
Basically speaking, the term for sick leave shall be set according to the employee's working years in the company. The employee is entitled to 3 months' sick leave for the first working year in the company. After that, the term shall be added one month for the following each year and the max term is 24 months.
However, if the employee enjoys longer term of sick leave according to his/her employment contract, staff handbook or company regulation, such documents apply. |
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erexchen
Reacher
Joined: Aug 14, 2006
Posts: 218
Location: Shanghai
Status: Offline
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| Posted:
Dec 26, 2006 - 12:37 PM |
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Salary for sick leave
When an employee needs to have a sick leave, he/she shall apply with the company with the doctor's note and get approval from the company.
Sick leave term shall not include holiday.
In case the sick leave term is within 6 months, the company shall pay the salary for sick leave as follows:-
1. If the employee's working term in the company is less than 2 years, the employee is entitled to 60% of the Salary;
2. If the working term in the company is above 2 years (including 2 years) but less than 4 years, the employee is entitled to 70% of the Salary;
3. If the working term in the company is above 4 years (including 4 years) but less than 6 years, the employee is entitled to 80% of the Salary;
4If the working term in the company is above 6 years (including 6 years) but less than 8 years, the employee is entitled to 90% of the Salary;
5.If the working term in the company is above 8 years (including 8 years), the employee is entitled to 100% of the Salary.
In case the sick leave term is above 6 months, the company shall also pay illness relief fee. The illness relief fee shall be calculated as follows:-
1.If the working term in the company is less than 1 years, the illness relief fee shall be 40% of the Salary;
2.If the working term in the company is above 1 years (including 1 year) but less than 3 years, the illness relief fee shall be 50% of the Salary;
3.If the working term in the company is above 3 years(including 3 years), the illness relief fee shall be 60% of the Salary.
The Salary herein refers to 70% of the payment the employee receives from the company in normal condition.
Should you have any questions, please feel free to contact me erexcxl@yahoo.com.cn |
Last edited by erexchen on Feb 16, 2007 - 04:05 PM; edited 1 time in total |
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yu888
Board Deity
Joined: Jan 25, 2003
Posts: 18037
Location: ZhongShanParkArea SH
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Dec 28, 2006 - 02:55 AM |
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erexchen
Reacher
Joined: Aug 14, 2006
Posts: 218
Location: Shanghai
Status: Offline
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| Posted:
Dec 28, 2006 - 11:34 AM |
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Thanks a lot, Yu888. You are also welcome to give me some advice how i can do better to satisfy the needs of other expats. |
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erexchen
Reacher
Joined: Aug 14, 2006
Posts: 218
Location: Shanghai
Status: Offline
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| Posted:
Dec 28, 2006 - 03:45 PM |
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The company's right to terminate the employment contract
1. In the following cases, the company is entitled to terminate the employment contract unilaterally without prior notice to the employee:
a) the employee is proved not up to the requirements for recruitment during the probationary period(usually the probationary period is 3 months);
b) the employee seriously violates the discipline or regulations of the company;
c) the employee causes great losses to the company due to his/her dereliction of duty or engagement in malpractice for selfish ends;
d) the employee is facing investigation by the police for criminal action.
2. In the following cases, the company can terminate the employment contract but a written notice shall be given to the employee 30 days in advance:-
a) after the completion of medical treatment for illness or non work-related injury, the employee is unable to take up his/her original work or any new job assigned by the company,
b) the employee is unqualified for the work assigned and continue this status even after he/she receives training or adjustment to other position;
c) no agreement on modification of the employment contract can be reached between the company and the employee when the conditions taken as the basis for the conclusion of the employment contract have greatly changed so that the original employment contract can no longer be carried out.
d) during the period of statutory consolidation when the company comes to the brink of bankruptcy or runs into difficulties in production and management, and if reduction of its personnel becomes really necessary, the company may make such reduction after it has explained the situation to the trade union or all of its staff and workers 30 days in advance, solicited opinions from them and reported to the labour administrative department.
3. Both the company and the employee can terminate the employment contract if they reach an agreement.
In above-mentioned 2 and 3, the company is liable to pay compensation to the employee when the employment contract is terminated. |
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erexchen
Reacher
Joined: Aug 14, 2006
Posts: 218
Location: Shanghai
Status: Offline
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| Posted:
Dec 28, 2006 - 03:48 PM |
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Attention, if the employee chooses to resign, the company is not liable to pay any compensation. |
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erexchen
Reacher
Joined: Aug 14, 2006
Posts: 218
Location: Shanghai
Status: Offline
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| Posted:
Jan 05, 2007 - 04:24 PM |
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In the following cases, the company is not allowed to terminate the employment contract:
a) The employee has been confirmed to have totally or partially lost his/her working ability due to work-related disease or injury;
b) The employee is receiving medical treatment for disease or injury within the prescribed period;
c) A female employee is in her pregnant, maternity or breast-feeding period. |
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ggh
PopStar
Joined: May 13, 2006
Posts: 1079
Location: Shanghai, Puxi
Status: Offline
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Jan 15, 2007 - 01:36 PM |
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Hi Erexchen,
Are there any laws governing internet purchase in China?
I bought a gift set from Taobao. But the items sent to me is not the same as the picture in Taobao.com.
If the seller refuse to exchange it, what are my rights against her?
Thanks. |
_________________
Opinions are like Ass-Hole... Everybody has one |
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underh20
Shanghai Royalty
Joined: Sep 27, 2006
Posts: 9883
Location: EOA Seminar
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Jan 15, 2007 - 02:04 PM |
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If you paid via credit card, you may have chargeback rights. |
_________________
بارك الله ، بارك الله |
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ggh
PopStar
Joined: May 13, 2006
Posts: 1079
Location: Shanghai, Puxi
Status: Offline
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| Posted:
Jan 15, 2007 - 02:48 PM |
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What is 'Chargeback' rights? |
_________________
Opinions are like Ass-Hole... Everybody has one |
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underh20
Shanghai Royalty
Joined: Sep 27, 2006
Posts: 9883
Location: EOA Seminar
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Jan 15, 2007 - 10:05 PM |
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Basically, you tell your credit card issuing bank that you dispute the charge for any number of valid reasons and then the bank, after investigating, takes the money back from the merchant and returns it to you whether the merchant agrees or not. |
_________________
بارك الله ، بارك الله |
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ggh
PopStar
Joined: May 13, 2006
Posts: 1079
Location: Shanghai, Puxi
Status: Offline
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Jan 16, 2007 - 09:37 AM |
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Thank you!. |
_________________
Opinions are like Ass-Hole... Everybody has one |
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