IT home January 20 news, according to the Beijing Law Network Matter, Beijing Fourth Intermediate Court case released, the seller claimed to sell the laptop "optional Win10 Professional Edition or Home Edition" installation, in fact, Win10 Professional Edition operating system was not yet listed at that time can not be optional, after the purchase of the buyer learned of this matter will be the seller sued the court. Recently, a technology company, the operator of a computer brand online store, was found by the Beijing Fourth Intermediate People's Court to constitute consumer fraud, and ruled that one refund was paid three.
Case Review
Ms. Xu, a buyer, bought a laptop in a computer brand online store, actually paid 23989 yuan, and found that the computer claimed on the introduction page that an operating system that could be optional was not listed at the time.
Ms. Xu provided screenshots of online shopping and the bottom of the details showed "Optional Windows 10 Pro or Windows 10 Home Chinese System." Windows 10 Pro system comes pre-installed with the genuine Of fice 365 trial. Windows 10 Home Chinese system comes pre-installed with genuine Office Home and Student Editions""Optional Windows 10 Home Chinese or Win dows 10 Professional operating system, genuine Office Home and Student editions can be used permanently after registration and activation"
Ms. Xu asked the customer service what is "optional", and the customer service said that "it is not yet listed and does not support optional". A technology company said that the promotional content of the goods involved in the case was provided by the manufacturer, and the professional version of the operating system was indeed not listed at the time of Ms. Xu's purchase. Ms. Xu believes that the merchants are fraudulent and false propaganda.
A technology company believes that the operating system of the goods involved in the case is marked on the promotional page as Windows 10 Home Chinese Edition, and the computer graphics card parameters are also displayed as Inter UHD Graphics Windows 10 Home Edition, and the buyer Ms. Xu, as a rational consumer with full civil capacity, has made a basic reasonable judgment on the main configuration and parameters of the purchased goods, and has exercised the right to choose the purchased products when purchasing the order. And the goods with exactly the same parameter configuration have been received, so there is no fraud and no inducement to consumers to buy.
The result of the referee
After trial, the Beijing Fourth Intermediate People's Court held that fraud refers to a civil act in which one party deliberately informs the other party of a false situation, or deliberately conceals the true situation, inducing the other party to make a false expression of intent. A technology company claimed on the product page that two versions of the operating system could be installed on the product involved, but in fact, the professional version of the operating system was not yet listed at that time and could not be installed. As a professional seller, a technology company should be aware. The operating system is an important consideration for consumers to purchase laptops, and a technology company claimed that the actual unlisted operating system could be installed optionally, resulting in Ms. Xu making a purchase decision, and her behavior constituted consumer fraud, and a technology company should bear the corresponding compensation liability.
In the end, the second instance of the Beijing Fourth Intermediate People's Court ruled that a technology company refunded Ms. Xu's shopping money and paid triple the compensation totaling 95544.80 yuan.
Judge's Statement
In recent years, cases of false publicity involving electronic products have occurred frequently, the description of the product sales page does not match the physical object, and problems such as high matching and low matching, inconsistent appearance, and non-fulfillment of promises have occurred from time to time. If consumers do not carefully inspect the products in hand, they may be able to lose their actual interests without knowing it.
In this regard, article 55 of the Law on the Protection of The Rights and Interests of Consumers stipulates that if a business operator provides goods or services fraudulently, it shall increase the compensation for the losses suffered by the consumer at the request of the consumer, 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 service; if the amount of additional compensation is less than 500 yuan, it shall be 500 yuan. If the consumer finds that the physical object does not match the advertisement, he can claim compensation accordingly.
Due to the characteristics of electronic products themselves, not all consumers can clearly understand the performance, configuration, function, etc. of the product, and most professional electronic products have higher prices, in order to better protect their legitimate rights and interests, the judge suggested that consumers should have detailed communication with the seller's customer service staff and keep a record of communication when purchasing electronic products, in addition to carefully reading the instructions on the sales page. In addition, sellers should also strictly review the promotional content of the page, and fulfill the obligation of explanation and reminder to consumers to reduce the risk of litigation arising from false statements.