The wedding company purchases 60 vases online, and the use of "seven days without reason to return the goods" is required. The court sentenced
Author:Global Times Time:2022.06.17
A wedding industry practitioner spent 5,800 yuan online shopping for 60 vases. After the wedding banquet was used up, he applied for "seven days without reason to return the goods". The seller found that there were traces of use. On June 16, the surging news learned from the Hangzhou Internet Court that the court has recently rejected all the plaintiff's claims.
Xiao Li sells decorations such as vases on an online shop. In February this year, a buyer bought a vase from the store, and then placed an order of 60 vases at a price of 5,800 yuan. Xiao Li promised that without the use of the product, buyers can enjoy "seven days without reason to return." On the 6th day after the other party received the goods, Xiao Li received a return application for the above order because "the size was wrong/dislike/the effect was not good." Xiao Li immediately confirmed the situation with the buyer and learned that the buyer was engaged in the wedding industry. The batch of vases needed to host the wedding, and the buyer said that the vase had not been used. Considering that the product is still in the return period, Xiao Li agreed to the return application. After receiving the batch of vases returned, Xiao Li opened the box to check the goods and found that there were obvious water stains in the bottle, and there were traces of use. In this regard, Xiao Li refused to accept the express and refused to refund the refund on the grounds of "affecting secondary sales". The buyer and Xiao Li had repeatedly communicated the return and filed a lawsuit with the Hangzhou Internet Court, asking Xiao Li to fulfill the obligation to "seven days without reason", return all the payment, and bear the logistics costs generated by the return of 268 yuan.
The buyer complained that the 60 vases he returned were in a complete and non -damaged state, and the labels and packaging of the goods were well preserved. payment. The merchant argued that all the goods returned by buyers had seriously affected the second sales, with obvious traces of use, and did not meet the conditions of "no reason to return". Out of goodwill, it cannot sell second -hand vases that have been soaked in water to other customers. In accordance with Article 25 of the Consumer Rights Protection Law, the freight of the return of goods shall be borne by consumers, and the merchant does not need to bear the freight.
The court trial believes that although the buyer applies for returns within seven days after receiving the goods, according to the evidence submitted by the merchant, it can be confirmed that the return vase is generally left with water stains. The buyer also believes that the use of flower bottles and flowers in the wedding. This behavior is not "inspection and inspection of the need to check the goods", which is beyond the use of inspection and confirmation of the quality and functional needs of the product, which will inevitably affect the secondary sales, which will cause the value of the product to be degraded. Conditions that meet the "seven days without reason", the buyer's request for "seven days without reason to return the goods" has no basis for the corresponding basis.
The judge said that consumers only use pictures and text display when shopping, and it is not easy to judge the authenticity and reliability of the product. Therefore, the law gives consumers the right to "return the goods seven days without reason", that is, when consumers are dissatisfied with online shopping products, they are dissatisfied with online shopping products. It can be returned within a reasonable period without reasons. However, "no reason" does not mean "unlimited" and "unconditional". "The goods for returns should be intact" are the prerequisite for the seven -day return without reason.
Source: Surging News
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