Brief facts of the case
Between Wang Qiaorong and Foshan Linpai Trading Co., Ltd
Online shopping contract dispute[1]
On September 24, 2018, Wang Qiaorong purchased a "Xilaisheng Automatic Stone Grinding Pulp Machine Commercial Soybean Milk Tofu Dry and Wet Dual-purpose Rice Sausage Powder Special Mill 30# About 6KG/H" in the online shop "Xilaisheng Flagship Store" operated by Linpai Company in Jingdong Mall, and on September 26, Wang Qiaorong made up the difference of 980 yuan to buy the same product with a capacity of 50#, with a total of 3358 yuan for the two orders. The goods involved in the case are packaged by Linpai Company and transported by Best Express, and the freight is borne by Linpai Company. Wang Qiaorong received the stone grinding and refining machine involved in the case on October 5, 2018, when the courier staff was in a hurry to send the next one, so he asked him to sign first and then inspect the goods, he could only see the outer packaging at that time, and could not see the internal situation, so he signed the "outer packaging intact" on the express delivery bottom list and signed. Subsequently, Wang Qiaorong opened the packaging of the goods and found that the stone grinding and refining machine involved in the case was damaged, so he informed the customer service of Linpai Company of the damage at 19:30 on the same day.
[1] Guangzhou Internet Court (2019) Yue 0192 Min Chu No. 1151 Judgment.
Court gist
The focus of the dispute is 1: whether Linpai Company delivered the subject matter in accordance with the contract constituted a breach of contract
The core issue in this case is whether the goods were damaged during the courier process. According to the available evidence, Wang Qiaorong adduced evidence to prove that the courier said that he would sign before inspecting the goods, and Wang Qiaorong also noted on the transport document that "the outer packaging is intact" instead of the product is intact. Based on the above situation, the courier personnel stated by Wang Qiaorong asked him to sign and then inspect the goods first because of the rush to delivery, and after receiving the goods, Wang Qiaorong opened the packaging of the goods and found that the damage of the stone grinding and refining machine involved in the case was of great possibility. In this case, Linpai Company marked in the product introduction on the sales page of the product involved in the case: "Please be sure to open the box for inspection before signing,...... If you have signed for it, the default machine is intact, and if you find damaged afterwards and want to return it, you will need to bear the round-trip shipping costs", these terms are pre-formulated by the parties for reuse, and have not been negotiated with the other party at the time of conclusion of the contract, which are standard terms. Article 40 of the Contract Law of the People's Republic of China stipulates: "Where a standard clause has the circumstances provided for in Articles 52 and 53 of this Law, or the party providing the standard terms exempts it from liability, aggravates the liability of the other party, or excludes the main rights of the other party, the clause shall be invalid." The above agreements of "the receipt is in good condition by default to the machine" and "the direct signature leads to the unilateral assumption of economic losses by the buyer", which unreasonably exempts the seller from liability, increases the buyer's liability, and excludes the buyer's right to claim the seller's responsibility based on the actual situation. Because the seller failed to provide the delivery video and could not provide strong evidence that the goods were damaged during the courier process, the court found that the company did not deliver the subject matter in accordance with the contract.
The second point of the dispute is: what kind of civil liability should be borne if Linpai Company breaches contract
Article 148 of the Contract Law of the People's Republic of China stipulates: "If the quality of the subject matter does not meet the quality requirements, the purpose of the contract cannot be achieved, the buyer may refuse to accept the subject matter or terminate the contract." If the buyer refuses to accept the subject matter or rescinds the contract, the risk of damage or loss of the subject matter shall be borne by the seller. ", linpai company delivered the product involved in the case is damaged, the quality does not meet the due requirements, resulting in Wang Qiaorong can not achieve the purpose of the contract, Wang Qiaorong requested a refund, belongs to the termination of the contract, according to the principle of consistency of rights and obligations, Wang Qiaorong should return the goods involved in the case to linpai company, the corresponding costs should be borne by linpai company. Regarding other losses claimed by Wang Qiaorong. The goods involved in the case could not be used due to damage caused by Linpai Company, and Linpai Company did not actively and timely resolve the dispute, resulting in the goods being shelved in Wang Qiaorong's store since October 5, 2018, which did have a certain impact on Wang Qiaorong's business behavior and store relocation, and comprehensively considering the rent of the shop involved in the case, the size of the goods involved in the case, the length of the land occupied, and other factors, the court determined that Linpai Company compensated Wang Qiaorong for the loss of land of 1800 yuan as appropriate.
Case analysis
This case is a common online shopping contract dispute, and when the buyer receives the goods purchased online, he often does not have sufficient time to inspect the goods, and he is already regarded as receiving the goods. At present, the popularity of Fengchao express cabinets highlights the dilemma that buyers cannot receive the goods in person. In this case, it is extremely unfair for the consumer to pass on the problems of the goods after the buyer signs for the buyer solely on the standard terms specified in the contract by the seller. Therefore, in the process of online shopping, both sellers and consumers should pay attention to preserving evidence to ensure that they can prove their claims in the event of disputes. If, in this case, the seller is able to provide the shipping video, then there will be a substantial impact on the judgment in this case. Simply because of the existence of standard terms, consumers still have the opportunity to protect their rights.
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