Recently, Mr. Xu, a consumer in Chongqing, asked the upstream news hotline 966966/upstream news APP for help, saying that he had purchased bird's nest worth 10,000 yuan before, but he had not received a refund from the merchant after returning the goods.
Mr. Xu said that on November 16, 2021, he purchased bird's nest worth more than 10,000 yuan in two orders at the Tmall Huafeiyan flagship store, "At that time, the store launched a free tasting activity, that is, you can try it for free, and if you are not satisfied, you can refund it without returning." ”
After receiving the goods, Mr. Xu asked the customer service how to refund, the merchant customer service said that it is necessary to confirm the receipt of the goods after the refund, Mr. Xu confirmed the receipt according to the customer service requirements, confirmed the receipt of the goods has been urging the merchant to refund, the merchant has been replying to the processing, after 2 days, or has not been refunded, Mr. Xu entered the product evaluation page to see, some people commented that the merchant did not return the payment. Afterwards, Mr. Xu recalled that "this is actually the merchant inducing me to click to confirm the receipt." ”
Subsequently, Mr. Xu did not want to participate in the free tasting activity, proposed a return refund to the merchant, and returned the goods unchanged according to the address, "Because the store supported 7 days without reason to return, the customer service also agreed to the return refund at that time and provided the return address." ”
At the end of November, after Mr. Xu returned the goods to the merchant, the logistics information showed that it had also been signed, contact online customer service, online customer service has been shirking that after receiving the merchant acceptance will be refunded, on February 18, 2022, has not received a refund.
Mr. Xu said, "According to my understanding, the store was fined for complaints, and the merchant said that the payment was frozen by Alipay, so it could not be refunded to me." The other party asked me to find Tmall, and Tmall said that it would urge the merchant to take the deposit to refund the money, but did not give a specific deadline. ”
Upstream news reporters through Taobao has not been able to search for information related to huafeiyan flagship store, on February 19, the reporter contacted tmall Taobao consumer hotline 9510211, customer service staff said to receive consumer-related appeals, as well as consumer order information provided by consumers, "At present, this problem can not be directly replied to the relevant business, and later there will be more senior customer service specialists within 72 hours to reply." For the reporter to get the tmall Huafeiyan flagship store contact information, the other party said that due to work reasons can not be provided directly.
Mr. Xu said that he hoped to consult a lawyer through upstream news, and if the merchant did not have money to refund, whether the Tmall flagship store was jointly and severally liable.
Lawyer Yue Hongwu of Chongqing Junhang Law Firm believes that, first, according to the relevant provisions of the Law of the People's Republic of China on the Protection of Consumer Rights and Interests, if the online trading platform provider knows or should know that the seller or service provider uses its platform to infringe on the legitimate rights and interests of consumers and fails to take necessary measures, it shall bear joint and several liability with the seller or service provider in accordance with the law. At the same time, according to the relevant provisions of the E-commerce Law of the People's Republic of China, if a platform operator knows or should know that the goods sold or services provided by the business operators on the platform do not meet the requirements for ensuring personal and property safety, or has other acts that infringe on the legitimate rights and interests of consumers, and fails to take necessary measures, it shall bear joint and several liability with the business operators within the platform in accordance with law. Judging from the information provided by Mr. Xu, the existing evidence is not enough to prove that Tmall Mall has direct fault, nor can it be directly proved that Tmall Mall knows or should know that Huafei flagship store uses the Tmall platform to infringe on Mr. Xu's legitimate rights and interests, so it is unlikely that Mr. Xu will require Tmall Mall to bear joint and several liability.
Secondly, if Mr. Xu purchases goods through the Tmall platform and his legitimate rights and interests are damaged, he can not only directly claim compensation from the seller, but also claim compensation from the online trading platform provider if he cannot provide the seller's real name, address and effective contact information; if the online trading platform provider makes a commitment that is more favorable to Mr. Xu during shopping, he should fulfill the commitment. Therefore, if Tmall Mall meets the above circumstances and infringes on Mr. Xu's legitimate rights and interests, Mr. Xu can also claim rights against the online trading platform Tmall Mall.
Third, according to the relevant provisions of the E-commerce Law of the People's Republic of China, e-commerce platform operators shall record and save the information on goods and services and transactions published on the platform, and ensure the integrity, confidentiality and availability of the information. The retention time of goods and services information and transaction information shall not be less than three years from the date of completion of the transaction. Therefore, Mr. Xu has sufficient time to collect evidence to defend his rights.
The "3.15" Consumer Rights protection day is approaching, and upstream news is here to collect various consumer rights protection clues, including buying a house and encountering a hegemonic contract, buying a car and being a consumer trap, and running away after members recharge.
Upstream journalist Wang Yizhu