This double eleven is also too difficult! Preferential play is becoming more and more complex, product promotion is more and more novel and attractive, unconsciously under the publicity of the merchant, additional purchase, order, payment. But after receiving the package, it was dumbfounded, the goods were not in the right version, shoddy, and the things received were very different from the business publicity.
Walk into the facts of the case
Liu purchased a pneumatic box bed and sofa from a furniture company through a shopping platform. The product style and details provided by the received merchant are completely inconsistent with those on the platform. Liu felt that he had been deceived by the furniture company's false propaganda, so he sued the court of first instance and demanded that the furniture company give triple compensation. The furniture company appealed against the first-instance judgment to the Beijing Fourth Intermediate Court.
The furniture company believes that it did not publish false publicity information, and when it learned that the product involved in the case was inconsistent with Liu's order information, it adopted a patient and positive attitude to negotiate and communicate, and at the same time replaced and reissued the parts of the product involved in the case. The products involved in the case received by Mr. Liu are the same as the products of the web page publicity materials regardless of the materials, fabrics, accessories, and sizes, and also meet the quality standards of the products.
Liu believes that the product styles and details provided by the furniture company are completely inconsistent with those on the platform. The backrest style design, cross flower, texture and picture publicity are not the same; the wooden feet of the bed, the line feet of the sofa, and the black and white places are different from the publicity; the bed cover is spliced, and the propaganda is integrated; the bed frame of the bed, the propaganda is with an air pressure rod, but the actual shipment is not an air pressure rod; the material of the bedside bed board, the propaganda is solid wood, but the actual product is non-solid wood. The structure of the bed is shoddy and fraudulent. Liu said that he had given the furniture company the opportunity to correct it, but he still used defective products to fool around, seriously deviating from integrity.
The result of the referee
After trial, the Beijing Fourth Intermediate People's Court held that, according to the facts that had been ascertained, there were many obvious discrepancies between the products and products involved in the case provided by the furniture company to Liu, and some of the contents, such as the style of the bed's rib cage, the opening and closing method of the box, the structural style and workmanship of the sofa, had reached a level that seriously deviated from the real situation of the goods, which was enough to make Liu fall into a wrong understanding before purchasing, and in the case that the furniture company still failed to properly solve the problem after repeated communication between the two parties, The court of first instance found that the furniture company constituted fraud and ordered it to bear the responsibility of returning the goods for refund and paying three times the punitive damages, and the fourth intermediate court upheld the first-instance judgment.
Links to laws
According to the first paragraph of article 55 of the Law of the People's Republic of China on the Protection of the Rights and Interests of Consumers, where proprietors provide goods or services fraudulently, they shall increase the compensation for the losses they have suffered in accordance with the requirements of consumers, and the amount of increased compensation shall be three times the price of the goods purchased by consumers or the cost of receiving services; if the amount of increased compensation is less than 500 yuan, it shall be 500 yuan. Where the law provides otherwise, follow those provisions.
Judge reminds
After the "Double 11", along with a large number of transaction orders, after-sales disputes will also appear one after another. Therefore, the judge reminded consumers that when shopping online, they should carefully check the product information, try to avoid impulsive consumption when participating in promotional activities, and do not easily be misled by the advertising of merchants. Consumers should also try their best to retain evidence such as transaction snapshots and communication records in order to safeguard their legitimate rights and interests. At the same time, the merchant should be honest publicity, honest management, product publicity can not violate the law and public order and good customs should be consistent with the actual function and quality of the product, can not be fraudulent or false publicity, otherwise may bear the corresponding legal responsibility.
Contributed by: Beijing Fourth Intermediate Court
Source: Jingfa Net