Ordering takeaway "wrong version" can actually be compensated?
You've ever encountered it when you order takeout
Do you receive a discrepancy between the actual product and the photo?
On the morning of the 10th
#15元外卖与照片不符起诉获赔500元#
Appeared on the Weibo hot search list
The Jiangjin District People's Court of Chongqing Municipality recently concluded a case of a dispute over a catering service contract caused by the inconsistency between the actual takeaway and the promotional photos, found that the barbecue restaurant was fraudulent, and awarded the consumer 500 yuan in compensation.
Received takeaway does not match the photos
The claim for compensation was rejected by the boss
Xiao Pan is a college student.
In the early morning of April 5, 2024,
Xiao Pan through a takeaway platform
Placing an order at a barbecue restaurant,
The consumption amount is 31 yuan,
One copy is included in the order
Fish-flavored shredded pork priced at 15 yuan.
After receiving the meal,
Xiao Pan found that the fish-flavored shredded meat that was supposed to be the "protagonist",
In this meal, he became a "supporting role".
There are a lot of dishes
Two cauliflower and a sausage,
But these extra ingredients are almost
occupies most of the position of the whole dish,
But there are not many fish-flavored shredded meat,
This is a serious discrepancy with the image displayed by the merchant at the time the order was placed.
Fish-flavored shredded pork displayed by the merchant.
After communicating with the customer service of the takeaway platform, Xiao Pan got in touch with the owner of the barbecue restaurant to express his dissatisfaction and ask for compensation, but the owner refused.
File a lawsuit in court
Received a compensation of 500 yuan
Xiao Pan believed that the barbecue restaurant's actions constituted fraud, so he filed a lawsuit with the court.
The Jiangjin District Court held that Xiao Pan ordered food at a barbecue restaurant through an online platform, and the two parties had formed a legal and valid catering service contract. When Xiao Pan ordered, there was a significant difference between the fish-flavored shredded pork and the photos displayed by the merchant on the platform, and there were other dishes that accounted for a large proportion of the mix, which did not conform to the general consumer's perception of the dish, so it was determined that the barbecue restaurant was fraudulent.
The fish-flavored shredded pork that Xiao Pan actually got. Courtesy of Jiangjin District Court
In accordance with the Law of the People's Republic of China on the Protection of the Rights and Interests of People's Republic of China Consumers, if a business operator commits fraud in providing goods or services, it shall, at the request of the consumer, increase the compensation for the losses suffered, and the amount of the increased compensation shall be three times the price of the goods purchased by the consumer or the cost of the service received by the consumer; Where the amount of increased compensation is less than 500 RMB, it is 500 RMB.
Accordingly, the court ruled that the barbecue restaurant should pay three times the compensation to Xiao Pan, which was determined to be 500 yuan because the compensation amount was less than 500 yuan.
Netizen: I did something I didn't dare to do
The gap between the actual product and the promotional photo is too large
False propaganda may be involved
According to media reports, there have been cases of discrepancies between the actual object and the picture. Previously, a user said on the social platform that he ordered a pizza on the takeaway platform, but what was delivered was a "big cake", and the merchant refused to refund and return it on the grounds of "pictures for reference only".
Whether there is only one
"The picture is for reference only, please refer to the actual product" sentence,
Merchants can not be between advertising and physical objects
What about the huge gap and being responsible?
According to the Jiangsu Provincial Consumer Protection Commission, for takeaway goods, pictures are an important reference for obtaining product information, and the "subject to the real thing" marked in the pictures should not be an excuse for businesses to evade the performance of their obligations to operate in good faith. In addition, if the goods sold by the merchant are seriously inconsistent with the description of the goods provided, and are sufficient to mislead the average consumer, and the merchant himself cannot prove that it was subjectively not intentional, this behavior is suspected of false advertising according to the relevant regulations.
The staff of the Nanjing market supervision department also said that because online consumption cannot see the physical object, consumers mostly rely on the advertisements provided by takeaway merchants as the basis for purchase. If the product has an ingredient list and the actual product received matches the ingredient list, then the image on the ad can be used as a reference. However, if the merchant does not label the product ingredient list, and the gap between the actual product and the advertised image is too large, the merchant may have false advertising.
Warm reminder to consumers,
If you encounter a similar situation,
Negotiate with the merchant first to seek a settlement.
If the negotiation fails,
You can call the 12345 hotline to complain and report.
You can also file a complaint with the Consumer Protection Committee
until a lawsuit is filed in court.
Source: Comprehensive "Rule of Law Network" WeChat public account, Guangzhou Daily, China Youth Daily, Chongqing Jiangjin Court, Market Supervision Half Moon Salon, etc. (Editor: Yan Dandan)