Online shopping is on the rise
WeChat as a social software
It has also gradually become an extension of online shopping
If there is a dispute in a WeChat purchase
How the competent court should be chosen
Which courts have jurisdiction
Whether the case can be filed by the court at the place of receipt
Brief facts of the case
Xiao Dan and Xiao Nan live in two different cities, Xiao Dan lives in place A and Xiao Nan lives in place B, and the two sides are added as friends on WeChat.
Xiao Dan learned that Xiao Nan had a batch of temperature detectors for sale, so he purchased them from Xiao Nan through WeChat, and the two parties negotiated the quantity and price of the temperature detectors in WeChat, and agreed that the goods would be sent to place C.
Later, due to the quality problems of Xiao Nan's goods, Xiao Dan sued in the court of his domicile in place A, demanding that the sales contract between the two parties be terminated and that Xiao Nan be ordered to return the payment. During the trial of the case, Xiao Nan raised a jurisdictional objection, claiming that his domicile was located in place B, so he requested to be transferred to the court in place B for trial.
Case hearing
After trial, the court held that Xiao Dan filed a lawsuit against Xiao Nan on the grounds of a dispute over the sales contract, demanding the termination of the sales contract between the two parties and ordering Xiao Nan to return the payment.
According to Article 24 of the Civil Procedure Law of the People's Republic of China, "a lawsuit arising from a contract dispute shall be under the jurisdiction of the people's court at the place where the defendant is domiciled or where the contract is performed." Article 20 of the Interpretation of the Supreme People's Court on the Application of >< Civil Procedure Law of the People's Republic of China stipulates that: "Where a sales contract concluded by means of an information network is delivered through the information network, the place where the buyer is domiciled shall be the place of performance of the contract; If the subject matter is delivered by other means, the place of receipt shall be the place of performance of the contract. If there is an agreement on the place of performance in the contract, follow the agreement. ”
In this case, Xiao Dan purchased a temperature detector from Xiao Nan through WeChat. During the trial of the jurisdictional objection case, both parties stated that the goods involved in the case were delivered to place C through offline transportation, that is, the place of receipt was located in place C, so place A was not the place of performance of the contract. After investigation, Xiao Nan's domicile is located in place B, so place A is not the defendant's domicile, so the court of Xiao Dan's domicile does not have jurisdiction over this case.
Xiao Nan's request to transfer the case to the court in place B of his domicile is in accordance with the law. The court finally decided to transfer the case to the court in place B for trial.
Source: Beijing Third Intermediate People's Court