“Autumn and winter double-faced cashmere women's 2015 new woolen coat with a mid-range pink woolen woolen coat†was originally priced at 1986 yuan and was priced at 955 yuan after discounted.
The buyer, Mr. Yang, bought 5 coats at a time without checking the merchandise details.
After not wanting to receive the goods, Mr. Yang was surprised to find that it was not "a cashmere coat," but a "wool coat" that was cheaper than a cashmere material. Mr. Yang thinks that he has been frauded by the merchant and he has sued the shop to the court and demanded that the other party “back one for threeâ€.
Recently, the Intermediate People's Court of Shaoxing Intermediate People's Court held a court hearing on such an online shopping contract dispute.
On December 4th, 2015, Mr. Yang purchased the title “Long Pink Scarf Woolen Coat in Autumn/Winter Double Cashmere Women 2015 New Woolen Coat†through a Taobao online platform in a clothing store’s flagship store’s flagship store. The title marked "Cashmere". Mr. Yang did not continue to browse through all the texts in the merchandise details. Instead, he immediately placed an order for 5 coats, totaling 4,775 yuan.
However, after receiving the clothes, Mr. Yang found that the material of the coat did not match the “Autumn and Winter Double Sided Cashmere Coats†in the title of the clothes. It believed that the behavior of the store was fraudulent and falsely publicized. The store immediately went to court and asked the store to return the purchase price of 4775 yuan and pay 3 times the amount of compensation for the shopping basket, totaling 14,325 yuan.
The defendant Shanghai Conch Network Technology Co., Ltd. believes that they have clearly indicated that they are 100% wool on the details page of the goods page and have not made any textual or pictorial representation of 100% pure cashmere. Therefore, the flagship store they operate does not pretend to be a qualified product, but also does not exaggerate the quality to mislead consumers. The evidence that Mr. Yang referred to as "the defendant has fraudulent acts and false propaganda activities" is insufficient.
After trial, the court of first instance held that the defendant used a caption entitled “Zooga Winter and Winter Double-faced Cashmere Coat Women 2015 New Woolen Coat Long Pink Woolen Woolen Jacketâ€, which is a summary description of the product's specifications, performance, and functions. As a product name, this is different from the usual cargo name. This is based on the nature of online sales. In order to make it easier for buyers to search for relevant or similar products through search functions, sellers of online products use the online sales method. In addition, the defendant Shanghai Zhizhi Network Technology Co., Ltd. clearly indicated that the material of the garment was 100% wool and the details of the product and the physical tag of the product did not include any textual representation of 100% pure cashmere in the details page or tag. Image representation. It can be seen that the defendant did not confuse the name of the product and sold the wool coat as a cashmere coat in order to sell it. Therefore, the defendant did not commit fraud or false propaganda. The court of first instance decided to dismiss the plaintiff Mr. Yang and the defendant Shanghai Zhizhi Network Technology Co., Ltd.’s online shopping contract and returned the goods and refunded the purchase price.
However, Mr. Yang was not satisfied with the above ruling and appealed to Shaoxing Intermediate People’s Court. The case will be judged on a daily basis.
The judge reminded:
The convenience of online shopping makes many consumers have a special liking for this new shopping method. Through online shopping on mobile phones, it is more convenient to buy anywhere and anytime. While enjoying the convenience of science and technology, the disputes that accompany it also come one after another. When shopping online, buyers must choose a seller with high reputation and high appraisal, and read in detail the important information such as brand, origin, price, performance, and material of the product to be purchased and the solution after the problem occurs. Unclear matters, communicate with the seller and ask the seller to give a clear answer. Before the receipt confirmation is correct, we must keep a good chat with the seller. Once the lawsuit occurs, the evidence can be presented in the form of electronic data and printouts, which can restore the fact to some extent.
In addition, as sellers, they must also be honest and trustworthy, and clearly inform consumers of important information about their products. The quality of products, labels, etc. must strictly comply with national regulations and standards. If fraud is constituted, in addition to administrative punishment, Will face the “Consumer Protection Law†stipulated in the "a loss of three" and "food safety law" stipulated by the "pay ten" compensation.
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