Shulou(Shulou.com)11/24 Report--

CTOnews.com, November 14, CTOnews.com learned from Shandong Gaofa official account that recently, the people's Court of Laoshan District of Qingdao City tried an online shopping dispute case, which not only fully protected the legitimate rights and interests of consumers, but also provided guidance for the orderly operation of businesses.

It is reported that Zhang bought a mobile phone through the B store in the online shopping platform operated by Company A. On the day of signing for the phone, Zhang connected to the Internet and activated the phone, downloaded and installed a software needed for his usual work, and found that the software flickered and could not be used normally. Zhang then contacted the customer service staff of the B store to negotiate a return, and the customer service staff said that because the mobile phone had been activated, it was a second mobile phone and could not be returned except for quality problems. Zhang failed to negotiate and sued Company An and shop B to the court for a refund.

During the trial, after a demonstration in court, the above-mentioned software on the mobile phone involved in the case flickered as soon as it logged in. Log on to the online shopping platform to enter store B, and the words "return goods for 7 days without reason" can be clearly seen on the page of the goods involved. Click on the above words to appear a new page, the content is: when the corresponding conditions are met, consumers can apply for "return goods for 7 days without reason". Among them, customized orders do not support "return for 7 days without reason". At the end of the product details of the mobile phone (you need to read a large number of pictures and manually decline several times) there is a consumption reminder with a common font: "the activated digital products have no quality problems and do not support refund and exchange for no reason for seven days. Please confirm the demand before activating the use." However, you do not need to read the above information, you can click directly to enter the purchase page, and there is no corresponding prompt before payment.

After fully understanding the case, the judge held that the focus of the dispute in the case was whether the mobile phone was applicable for seven days and returned without reason. According to Article 25 of the Law of the people's Republic of China on the Protection of Consumer Rights and interests: operators sell goods by means of Internet, television, telephone, mail order, etc., and consumers have the right to return the goods within seven days from the date of receipt of the goods, and there is no need to explain the reasons, except for the following commodities: (1) customized by consumers; (2) fresh and perishable (3) digital commodities such as audio-visual products and computer software that are downloaded online or unsealed by consumers; (4) delivered newspapers and periodicals. With the exception of the commodities listed in the preceding paragraph, other commodities according to the nature of the goods and confirmed by consumers at the time of purchase shall not be returned without reason.

In this case, the mobile phone does not belong to the above four kinds of goods, but the mobile phone belongs to the goods whose value is derogated greatly once activated. In this case, the defendant store B should clearly prompt the consumer to confirm that it cannot be returned when it is sold. Shop B marked prominently at the top of the mobile phone product display page that "there is no reason to return goods for 7 days", while the prompt for "activated digital products have no quality problems and cannot be returned for seven days without reason. Please confirm the demand and then activate the use" prompt is set at the bottom of the product details, the prompt content is not significant, it is difficult for ordinary consumers to pay attention, and the prompt information is not necessary to consult before the order is paid.

The court held that shop B failed to take the initiative to prompt and set up a significant confirmation procedure, which was a flaw in performing the obligation of disclosure to consumers, so the format clause did not apply to this sale, and store B should not refuse to return goods for seven days without reason. Company A, as the operator of the e-commerce platform, is not a party to the sale contract, and does not make a promise that is more beneficial to consumers in the course of the transaction, nor does it damage the legitimate rights and interests of the plaintiff. The plaintiff's request to Company An is groundless and the court does not support it. To sum up, the judgment B store returned Zhang's loan within 10 days after the judgment came into effect; Zhang returned the mobile phone within 10 days after the judgment came into effect, and the freight was borne by Zhang. At the same time, reject Zhang's claim against Company A.

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