Is it reasonable to be refunded by the merchant after the purchase of online purchase and sale?

Yangcheng Evening News all -media reporter Ma Can

Today, online shopping has become an important part of people's daily life. Recently, some citizens in Guangzhou need to refund after shopping online, but the merchants asked for "out of the box video" to cause heated discussions. There is a neighborhood to ask the merchant's approach reasonably. In this regard, the reporter invited a lawyer to answer.

Merchants require consumers to provide outcome videos

Recently, a number of industrial parts purchased by Mr. Zheng in Guangzhou was rusted and suspected to be refurbished, but the merchant refused to refund. In the negotiation between the two parties, the merchant asked Mr. Zheng to provide the outlet video, which caused heated discussion among netizens, and once rushed to the hot search.

Coincidentally. Last year, Ms. Zhang from Changsha, Hunan purchased a set of books in Dangdang APP, and the customer service commitment book was genuine. Ms. Zhang opened the courier and found that "there are obvious problems with the quality of books." Subsequently, Ms. Zhang reflected the situation to the customer service of Dangdang APP, and the customer service asked her to show evidence.

After Ms. Zhang contacted the Book Publishing House, her identification of these books was pirated. Ms. Zhang sent the appraisal report to the customer service, "Customer service also required me to provide the outlet certificate in order to make legal compensation." Ms. Zhang is very embarrassed.

In this regard, Mr. Weng Chunhui, a law firm at Beijing Yingke (Guangzhou) Law Firm, said that from the above situation, it is unreasonable that consumers are required to provide the outlet video.

"This is a question of the responsibility for proof." He explained that as a consumer's responsibility, the responsibility of consumers proved that the product they received had quality problems, or true and false issues. If the merchant suspects that the consumer has a packet, it needs to come up with evidence, instead of asking consumers to record the opening video to prove it.

Pay attention to the scope of the application of the return on the live broadcast room

Today, there are many forms of online shopping. Live and cargo are the most popular online consumption forms at the moment. What should consumers do when the goods received differently in the live broadcast room?

Recently, consumer Ms. Liu bought an emerald bracelet at the live broadcast room of an online shopping platform at a price of 8,800 yuan. After getting the goods, she found that the color is not only different from the display of the color and the live broadcast room, but also the surface of the jade bracelet has a stone pattern visible to the naked eye, and there are also problems such as polishing roughness. She took a photo to contact the platform customer service to ask for a return refund, but was rejected by the other party.

As the merchant refused to return the goods, Ms. Liu filed a lawsuit with the local court. In court, the merchant said that the product involved was selected and placed the order in the live broadcast room. He also sent the picture of the product to Ms. Liu. After many confirmation, he processed. At the same time, she also showed Ms. Liu after the live broadcast room, and Ms. Liu did not raise any doubts.

The court believes that because the merchant has fulfilled the prompt obligation, Ms. Liu's order is not applicable to 7 days without reason to return the goods. However, the texture, color, and style of jade products, the texture, color, and style of jade have an important impact on the realization of the contract.

"The live broadcast platform shows that this bracelet is yellow emerald, which is very different from the bracelet she got. The color is similar to a bit of olive green." After reviewing, the bracelet received by Ms. Liu and the color difference displayed in the live broadcast room are no longer reasonable. In the range. Therefore, the court supported Ms. Liu's claim for returning and refund.

When sorting out the relevant cases, the reporter found that consumers often do not support 7 days without reason to return goods, and special offer products will not be exchanged, causing consumers to defend their rights.

In this regard, relevant experts from the Guangdong Provincial Consumer Council stated that consumers must clarify the scope of application for 7 days without reason when shopping in the live broadcast room. Don't take it for granted that shopping rooms can be returned for 7 days without reason.

my country's "Consumer Rights Protection Law" clearly stipulates that it does not apply to products that return the goods for 7 days without reason, such as the customized, vivid and easy -to -rot, online download or consumer's unpacking audiovisual products, computer software and other digital products, and other digital products, such as computer software, and other digital products, such as computer software, and other digital products, and computer software, etc. In response to such products, consumers must understand the detailed information of the product in time, combined with their own needs, rationally buy products, and avoid "stepping on the pit."

At the same time, consumers must have a sense of evidence to fix the relevant evidence in time for consumers and other overlord clauses such as "special offer products" appearing in the live broadcast room. Special offer products usually have quality defects such as no tag and lack of inspection certificate. Terms.

Weng Chunhui said that such clauses are generally identified as invalid clauses in judicial practice. Therefore, consumers can retain evidence through taking pictures, videos and other channels, and timely claim their legitimate rights and interests.

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