With the development of economy and the growing maturity of the market, online shopping has become a major way of life consumption for modern people.However, there are more and more disputes. So, if there are disputes in online shopping, how should we protect our rights?
Wang Xiaoxiao spent 1500 yuan on a new set of KENZO short sleeves in an online store.After unpacking, I found that there was something wrong with the suit: the tag of the suit had the words "KENZO", the internal tag had ingredients, washing items, etc., but there was no Chinese text, and there were many stains and threads in the suit.After comparison, Wang Xiaoxiao believed that the suit was fake and immediately applied to the seller for a "return refund".However, the seller replied: "No return, no exchange." After several attempts, the seller still refused to refund, and insisted that the clothes had been tried by customers, and there was inevitably a little damage or stain, which could not be said to be fake because of this.Wang Xiaoxiao felt that it was hopeless to directly find the seller to protect his rights, so he immediately asked the network platform to intervene and submitted documents such as stained photos and thread photos.After communication with the customer service of the platform, the network platform returned the 1500 yuan payment to Wang Xiaoxiao and wrote "reason: fake goods".Wang Xiaoxiao believed that the seller knew about the sale of fake goods, and his behavior had constituted fraud. Therefore, he filed a lawsuit to the court and asked the seller to compensate him for three times the purchase price, namely 4500 yuan.
Q: Wang Xiaoxiao has received a refund, can he claim three times more compensation?
Answer: You can claim three times of compensation.According to Article 55 of the Law of the People's Republic of China on the Protection of the Rights and Interests of Consumers, if a business operator commits fraud in providing goods or services, it shall, at the request of consumers, increase the compensation for the losses it has suffered, and the amount of the increased compensation shall be three times the price of the goods purchased or the cost of the services received by consumers.Since the online platform customer service has made a judgment of "fake" on the clothes Wang Xiaoxiao bought, the seller's failure to appear in court to respond to the lawsuit is regarded as his waiver of the right of defense, so the court finds that the seller's behavior has constituted fraud and should bear the responsibility of paying three times the compensation.The court finally decided that the seller should compensate Wang Xiaoxiao 4500 yuan.
Q: In case of disputes in online shopping, can we only tangle with sellers?
A: Of course not. You can also ask the online trading platform to intervene like Wang Xiaoxiao.Although you buy goods from the seller's online store, the online trading platform is not the subject of the sales contract, but as an operator, the online trading platform is responsible for management and review.Therefore, if you want to protect your rights, you can apply for online trading platform intervention.
So, how to realize the rapid and effective intervention of online trading platform?First, make sure the agreement is clear.Before you decide to place an order for payment, you must make a clear agreement with the seller on the character, brand, specification, price, etc. of the goods, so that the platform can judge whether your request is based or not, and then achieve effective intervention.Secondly, apply for efficiency guarantee in time.If the seller's attitude is firm or repeatedly prevaricates, which makes you feel that the appeal cannot be realized, you must apply for the intervention of the trading platform in time to avoid that the appeal cannot be realized due to the excessive energy consumed by rights protection and the seller.
Q: If the communication with the seller and the network platform fails, what methods can be taken to safeguard rights?
Answer: When the communication with the seller and the online platform on the dispute is unsuccessful, and the rights and interests of consumers are infringed, they can go to the court to file a lawsuit according to law.However, how can the claim be supported?The judge reminded that evidence is the key.
In this case, Wang Xiaoxiao submitted a series of evidences to the court, such as screenshots of the seller's product description page, screenshots of KENZO's official website, clothing photos, express bill, transaction record screenshots, screenshots of rights protection communication process records, and relevant industry standards. The court finally decided to support Wang Xiaoxiao's claim.
Therefore, in the process of online shopping, we must pay attention to retaining relevant evidence.First, chat records, transaction records, post dispute negotiation process and other web records should not be deleted at random, but screenshots should be saved.Second, express bills should not be discarded at will, but used to prove transaction nodes such as delivery time and receipt time.Third, after receiving the goods, it is necessary to open the box and inspect the goods in time, and pay attention to taking videos and photos to prove the actual damage.
Follow the official account
Guizhou Internet Publishing Business License (GGZAB No. 52011202003109): QJNXJPZZ No. 046
Value added telecommunications business license (ICP): Guizhou B2-20100012 Internet news information service license: 5212013001