With the case, "Code" 丨 "Online Shopping" nearly 140,000 yuan of jade can be returned without reason for seven days?

Cao Chunling (first from left) is discussing the case with colleagues. Correspondent Murtricp Mai Mai Timin Photo

case:

Hetian citizen He Mou saw 3 jade stones at the Douyin Live Room of Jewelry Store in the same city. The transaction price agreed to be 138,600 yuan. He paid a 5,000 yuan deposit through WeChat and agreed to meet on the spot after meeting. The next day, after He Mou and his friends went to the scene to check the inspection, they paid the tail model to buy 3 pieces of jade on the spot. However, three or four hours later, He Mou hurriedly returned. He asked the shop owner Li to return the goods to the shop owner Li to ask the shop owner Li on the grounds that the jade describing the description of the jade and the merchant was not satisfied with the "seven days without reason". Li refused to accept and was sued by He Mou to the Hetian People's Court.

Law:

Article 465 of the "People's Republic of China" stipulates that the contract established in accordance with the law is protected by law. The contract established in accordance with the law is only legal to the parties, except for other provisions.

Article 491 Paragraph 2 stipulates that if the party or service information published by the parties through the Internet and other information networks meet the requirements of the contract, the other party chooses the product or service and submits the order to the contract. except.

Article 25 of the Consumer Rights Protection Law of the People's Republic of China: The operator uses the Internet, television, telephone, mail order and other methods to sell goods. 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 reason, except for the following products: (1) consumers' decision; (2) fresh and easy to rot; Delivery newspapers and journals.

Paragraph 2: Except for the goods listed in the preceding paragraph, other products that are not suitable for returning goods according to the nature of the product and by consumers are not suitable for returning goods.

Interpretation:

"Seven days without reason to return the goods' rules is the right to give the law on the spot that cannot view online consumers who experience the performance of the product. It is only applicable to online shopping." The network live broadcast platform reached its intention, but the entire transaction such as jade was inspected in the later period. It was a direct transaction of offline transactions. There was no supervision and intervention of the e -commerce platform. There was no time and space distance during the delivery of the payment. He Mou's right to know and selection was not limited.

Cao Chunling said whether it can be returned without reason depends on whether the two parties have this agreement; if there is no agreed, the merchant has the right to refuse the return request. He Mou and Li Mouyu's trading transactions were not applicable to the "7 days without reason to return the goods" clauses. After the trial of the first two trials, the court rejected He Mou's lawsuit.

Based on the special nature of the jade jewelry industry, Cao Chunling reminded that before buying jade jewelry, you should first learn about some common sense of jewelry and jade, master some identification skills, and ask professionals to buy them together, choose and consume rationally during the transaction. (Tianshan.com reporter Yang Shuhan correspondent Li Rong compiled)

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