@所有!Pay attention to the "package baby" trap in purchasing

Purchase

A way of transaction that people often choose nowadays

This can often buy discount big -name products

But you will encounter a "baby -style" transaction

Not only did I pay the money, I didn’t order the product

Who do you want to sue in the end

It's a bit unclear

Native

Case love briefly

Xia Mou has joined a purchasing group

I met Wang Mou (WeChat A) in the group (WeChat A)

And bought a few products from Wang somewhere

Both parties pass the payment platform account "G" through Wang's designated payment platform

Trading

January 2019

Xia Mou Xiang WeChat W

Two ordered to and from South Korea's ticket (1906 yuan)

Hotel accommodation (2376 yuan)

And transfer to "G"

Xia Mou passed WeChat B again

6 air tickets flying from Urumqi to Wuxi

And the cost of transfer tickets on January 23, 2019 is 9,000 yuan

Hotel accommodation cost 1760 yuan

(The hotel accommodation is successfully ordered and used)

And send money to the Alipay account "S"

On January 23, 2019, Xia Mou stayed at Urumqi Airport. He had not waited for the ticket ticket information, and the ticket was not successfully ordered. And the previously ordered Korean air tickets and hotel accommodation have not been successfully ordered. Since then, Xia Mou has always contacted Wang to ask for a refund.

February 20, 2019

Xia Mou finally contacted "S" on Alipay

"S" is not a WeChat B himself

Xia Mou asked his whereabouts of the remittance. The transfers from "S" showed that after receiving the transfer of Xia on January 23 and January 25, he transferred some of the money to the Alipay account "G".

"S"

Because Wang also owed me some purchasing refunds at the time, he said that someone would transfer the transfer and deduct the arrears. So after receiving your remittance, I deducted 3,000 yuan, and turned the remaining 6,000 yuan and 1760 yuan to the account "G".

Until this

Xia Mou finally understood

It turned out that Wang was Wang from the beginning to the end

Contact with it and collect money

So by the help of others in the purchasing group

Get Wang's ID information

Prove that accepting the client is Wang and filed a lawsuit in the court

Requires the contract, refund and compensate its above money

Interest loss of 1,000 yuan during the occupation period

Acting referee

A major difficulty at the time of trial

It is proved that the subject of responsibility is that the trustee is Wang

That is, the defendant of Xia Mou is clear and correct

And this is exactly the "boss" of WeChat purchasing disputes

The court believes that in this case, Wang is actually not a ticket or hotel accommodation directly. Xia Mou ordered a ticket and hotel accommodation through Wang. In essence, Xia Mou commissioned Wang to handle the specific affairs of the ticket and hotel accommodation. Signed a written commission contract, but set up a commission contract relationship.

Through Xia Mou's chat records and transfer records, it can be confirmed that he ordered the fact that Wang would order air tickets, hotel accommodation and paid 13,282 yuan, and the above air tickets and hotel accommodation were not successfully ordered, that is, Wang failed to fulfill the contract obligation. The purpose of the commissioned contract could not be achieved due to Wang's breach of contract. Xia advocated the termination of the contract to terminate the contract and meet the conditions of the contract termination of the law. The court supported it in accordance with the law. After the contract was lifted, Xia Mou had paid 13282 yuan, and Wang should return it.

Xia Mou also advocated Wang to compensate the above money

Interest loss of 1,000 yuan during the occupation period

It is not contrary to the law, and the amount is reasonable

The court supports according to law

According to the relevant provisions of the People's Republic of China, the trusted contract is the contract of the client and the trustee, and the trustee handles the client's affairs. The client or trustee can lift the commission contract at any time. If a paid commission contract is caused by the trustee's fault, the client may request compensation for losses.

Purchasing has brought convenience to our lives, so that many people can enjoy high -quality products in other countries without going out. But purchasing is also a double -edged sword. It is recommended that you develop the following good habits when using the purchasing service:

01

Try to choose from those who know in real life as much as possible

If you do n’t know, then you must let the other party provide information such as identity documents in order to clarify the subject.

02

Pay attention to the chat history

Because the purchasing purchase is carried out through WeChat chat, the entire transaction consultation process will be reflected in the WeChat chat history. Therefore, this evidence is the most direct and the most complete reflection of the facts. When disputes require rights protection, the relevant records can be submitted to the court for retaining the court, and the original vouchers of the mobile phone must be retained. At that time, it will need to be submitted to the court.

03

Reserve online transaction records, remittance vouchers, etc.

When transferring the transfer, try to transfer to the account of the other person's own name. If you transfer the transfer through WeChat and Alipay, you can apply for generating real -name bills as evidence to submit it to the court. Direct evidence.

04

Raise online transactions vigilance

You can search for the micro -signal or Alipay transaction number of the purchasing purchase, or ask other consumers to check whether there are relevant purchasing bad information.

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