Online shopping second -hand products are applicable to seven days without reason to return the goods

Referee

Consumers should buy second -hand goods for seven days without reason to return the goods. They should also review the nature of the second -hand goods itself and whether the operator has obtained a clear consent of consumers alone. The operator only labels "the product details of the product details without support for the seven days without reason", which is not enough to determine that the consumer is confirmed. Whether the second -hand goods are intact and whether the product should be degraded as a judgment standard for consumer reasons.

case

On November 18, 2021, Shenmou purchased 1 second -hand Cartier ring ring in a shop operated by a second -hand trading platform in Nanjing, with a paid price of 6100 yuan. A business company in Nanjing announced in the commodity snapshot that "the product does not support seven days without reason to return." On November 21, 2021, Shen received the ring. On November 23, 2021, Shenmou proposed to a business company in Nanjing through a platform without reason to return the goods. A commercial company in Nanjing said on the platform that according to the agreement between the two parties, there was no reason to return the goods for seven days without reason. Shen Moumou believed that the behavior of a business company in Nanjing infringed on its legitimate rights and interests, and then sued to the court.

referee

After hearing the Hangzhou Internet Court, according to the provisions of Article 25 of the Consumer Rights Protection Law, according to the nature of the product and the consumer confirmed that the goods that should not be returned when purchased, the consumer was not suitable for returning the goods without reason. Regarding the issue of whether the nature of the goods involved in the case should not be returned, the commodity involved in the case is a second -hand ring. Applicable no reason to return will not cause a significant derogation of the value of the product or cause significant losses to the operator. "It should not be returned without reason. A business company in Nanjing did not prove a proof that the product was not applicable to a legitimate reason for returning the goods without reason. Regarding whether Shen Moumou has confirmed that this product is not applicable to return without reason when purchasing, although a commercial company in Nanjing is marked in the product snapshot, "the product does not support seven days without reason to return the goods", but there is no evidence to show that Shen Moumoumoumou Moumoumou Moumou Moumou Moumou Moumou Moumou Moumoumou Moumoumou Moumoumou Moumoumou Moumoumou Moumou's Moumoumou The "one -to -one" confirmation was performed on the above labeling behavior, so the labeling was not legal binding to Shen Moumou. Shen Moumou asked a business company in Nanjing within seven days after receiving the goods, which met the legal conditions that had no reason to return the goods within seven days. A business company in Nanjing's refusal to return violated the law. The court then judged that a commercial company in Nanjing returned a payment of 6,100 yuan within ten days from the date of effectiveness of the verdict. This case is applicable to the trial of a small litigation process, and the judgment has come into effect.

Evaluate

The focus of the controversy in this case lies in whether operators in second -hand commodity network transactions can eliminate the application of "no reason to return in seven days" by agreed.

Whether the nature of second -hand products itself "should not be returned." Regarding the "inappropriate return" goods, Article 25 of the Consumer Rights Protection Law is only listed, including consumers 'setting, vivid and easy to rot, online download or consumers' unpacking audiovisual products, computer software Eliminating digital products and the delivery of newspapers and journals, but do not make clear interpretation or complete classification. In combination with the type of legal commodity that is not applicable, if consumers are allowed to be returned by the aforementioned four types of products such as goods, live and ease of corruption goods, it will be difficult to sell for goods again, so that the operator will suffer major losses. In the case where the agreed is not applicable, it should be used as a standard when judging that "according to the nature of the commodity" should not be returned. Therefore, when determining whether second -hand goods are "not suitable for returns", the nature of second -hand goods should be combined with the nature of whether the return of goods will cause major losses to the operator. In this case, a business company in Nanjing only claims that "it is not appropriate to return the goods" on the grounds of "second -hand", but the commodity involved in the case is a second -hand ring. It is not confirmed that it is confirmed that it is necessary to return the goods to it to cause inevitable losses.

Whether consumers confirm whether second -hand goods are not suitable for returning goods when purchasing. The Consumer Rights Protection Law and related judicial interpretations do not clearly specify the way that "consumers confirmed that they should not be returned when purchasing". The unreasonable return of return is given a unique right to non -on -site consumers and is an important right to consumers. When the operator does not apply for returns without a reason, the operator shall obtain the consumer's "separate" confirmation in a "one -to -one" manner. In this case, a business company in Nanjing only declared that "the product does not support the seven days without reason to return the goods through the product details page", which is not enough to determine the clear confirmation of consumers. In addition to the "one -to -one" show, operators should also set up significant confirmation procedures in the process of product sales, or to obtain consumers' separate and clear consent through chat tools.

Whether second -hand products are intact. In first -hand goods transactions, "not affecting secondary sales" is usually a standard for judgment. Compared with first -hand products, second -hand products itself does not have the characteristics of unpacking, unused, and lossless consumption. Therefore, the difficulty of judging whether second -hand products are intact are often higher than first -hand products. It is also based on this that most second -hand commodity operators refuse consumers to return the goods without reason to refuse consumers on the grounds that they cannot judge whether the goods returned are intact or the second -hand goods affect the secondary sales. However, second -hand goods trading itself is a secondary sales behavior, and the view that the second -hand product "affects the secondary sales" as the reason that the view of second -hand goods is not applicable to the incomparable return. Whether the second -hand goods are intact and need to compare the goods returned by the consumer with the goods issued by the operator to determine whether the number of goods from the consumer refund the goods is reduced, the quality loss or functional loss of the goods issued by the operator. As long as the value of second -hand goods degraded by consumer reasons is not obviously degraded, the value of second -hand goods should be degraded, and it should be identified as "good products." In the current second -hand commodity network transactions, many operators often label second -hand products on "the product does not support seven days without reason to return the goods", so as to exclude consumers' no reason to return the goods for second -hand products. This behavior not only harms consumers The legitimate rights and interests are not conducive to establishing a standardized order of second -hand commodity transactions. When the two parties in the e -commerce platform are in line with the identity of consumers and operators, they should strictly implement the seven days of no reason to return the goods in accordance with the provisions of the Consumer Rights Protection Law to ensure consumers' right to regret it. Healthy and orderly development.

Source: People's Court Newspaper, Hangzhou Internet Court

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