How do you think that the merchant claims to be unable to ship due to the epidemic?Lawyer interpretation of the China Consumers Association

CCTV News (Reporter/Tong Chunyu Video/and 玥): During the epidemic, there may be news about express delivery. On the social platform, consumers always ask whether the express delivery in a certain place stops. Why is the courier stopped by the merchant? Who will be responsible for the spurring timeout of fresh products in the epidemic? Lu Yun, a lawyer of the Chinese Consumer Association Lawyer Group, was interviewed by a CCTV reporter on the above issues.

1. During the epidemic, fresh products are delayed during express delivery. Is the courier company obliged to compensate?

Lu Yun: First of all, there must be special requirements for the transportation and packaging process of fresh products. It depends on whether the operator has to transport and packaged according to the standard of the cold chain, and provide some special protection measures.

If it is indeed due to the epidemic, control, control, and disinfecting, many companies now buy commercial insurance, and consumers can make claims through commercial insurance.

The delay in express delivery caused by the cause of the epidemic is actually not the operator.

But before the fresh product is delivered to consumers, its legal risks are actually the side of the operator. In this process, whether the product deterioration is caused by the cause of logistics, or the poor packaging is caused by the poor packaging, or because of the epidemic cause, it should be deemed to define the cause of this situation, and then define the corresponding responsibilities.

2. E -commerce merchants say that consumers can request compensation for losses because they cannot ship the goods?

Lu Yun: I feel that the reason why it cannot be shipped is due to the breach of contract caused by the merchants without sufficient goods, or it is indeed unable to ship due to the possibility of the epidemic.

It should be avoided that the cause of the merchant's epidemic does not ship the goods, even fake publicity and sales, and not shipped by the cause of the epidemic. Regardless of the provisions of the law, or from the perspective of integrity, it should be eliminated.

However, if it is indeed a delayed delivery due to force majeure, consumers can choose to return the refund on the one hand, and on the other hand, they can also take other remedial measures by negotiating with the operator. For example, choose another delivery time, or change to other products, which are negotiated by both parties.

(Source: CCTV)

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