Buy vases online, and have been rejected after applying for "seven days without reason". The court sentenced

The Consumer Rights Protection Law is given

Consumers' right to return the goods seven days without reason "

The purpose is to protect the legitimate rights and interests of consumers

But the exercise of rights has a boundary

"No reason" is not equal to "unconditional"

Let's look at the case together

Wedding company purchase 60 vases for decoration

During the return period, the application for "no reason to return" was rejected

Xiao Li opened an online store on a platform and sold vases and other decorations. One day, a buyer bought a vase from the store, and then placed 60 vases at a price of 5,800 yuan. Xiao Li promised that on the basis of "seven days without reason", buyers can enjoy no reason to return the goods within 15 days, provided that the goods are not used.

But on the 6th day after receiving the goods, Xiao Li received a return application for the above order because "the size was wrong/dislike/the effect was not good." Xiao Li felt that things were strange. After all, the buyer was satisfied before he placed the order, so he immediately called the buyer to confirm the situation. During the communication process, Xiao Li learned that the buyer was engaged in the wedding industry. The batch of vases needed to host the wedding, and the buyer said that the vase had not been used.

Considering that the product is still in the return period, Xiao Li agreed to the return application and opened the box to check the goods after receiving the vase. Who knows that many vases that are randomly dismantled have water stains and have been used obviously. So Xiao Li refused to accept the express delivery and refused to refund the refund on the grounds of "affecting the second sales".

Book of the book: "There is no reason for seven days

Is the Returning "rules that are not good?

The buyer complained that the 60 vases he returned were in a complete and non -damaged state, and the labels and packaging of the goods were well preserved, but the merchants refused Refund. Buyers believe that merchants should fulfill their return obligations, return all the payment, and bear the cost of logistics generated by the return of 268 yuan.

The merchant argued that all the goods returned by buyers had seriously affected the second sales, with obvious traces of use, and did not meet the conditions of "no reason to return". For goodwill, it cannot sell the second -hand vases that have been soaked in water to other customers. These vases are equivalent to scrap for merchants. In accordance with Article 25 of the Consumer Rights Protection Law of the People's Republic of China, the freight for the return of goods shall be borne by consumers; merchants do not need to bear freight.

During the trial, the buyer acknowledged that he was a staff member of the wedding company and bought a vase for the wedding decoration. These vases are indeed used in water and flower arrangement in the wedding. However, it believes that the vase has no quality problem, meets the requirements of the product, and applies for a refund within seven days. Therefore, it requires merchants to return the goods in accordance with the rules of "no reason for seven days" and bears the shipping fee.

Judgment result: The vase has water stains, and it is not enough

Not meeting the "seven -day no reason to return the goods"

The court believes that although the buyer applies for returns within seven days after receiving the goods, according to the evidence submitted by the merchant, it can be confirmed that the return of the vase is generally left with water stains. The buyer also believes that the use of flower bottles and flowers in the wedding. The behavior is not "inspection and inspection of the need to check the goods", which is beyond the use of the quality and functional needs of the product and confirming the quality of the product, which will inevitably affect the secondary sales. The "seven days without reason" conditions, the buyer's request for "seven days without reason to return the goods" has no corresponding basis.

In addition, the "return commitment" of the commodity order page shows that although the timing of the return is 15 days, it is required to "use: unused".

In the end, the court rejected all the claims of the buyer.

Judge

Consumers only use pictures and text to display online when shopping, and it is not easy to judge the authenticity and reliability of the product. Therefore, the law gives consumers the right to "seven days without reason". Returns within a reasonable period without explaining the reason. But "no reason" does not mean "unlimited" and "unconditional". According to the "Consumer Rights Protection Law of the People's Republic of China", "the goods for returns should be intact" are the prerequisite for the seven -day return without reason.

In this case, the situation of buying vases and water arrangement for weddings decoration is not "for inspection of the need for inspection of the goods". It has exceeded the quality and functions of the product quality and functions. According to the general public cognition, the value of the product has been valued. It is obviously degraded, which affects the second sales, and is not applicable to the "seven days without reason to return the goods" rules.

"Seven days without reason to return" system

Related legal knowledge

1. Where will the seven days start?

According to Article 10 of the Interim Measures for the Seven Days of purchasing products on the Internet, there is no reason to return the goods within 7 days from the date of arrival on the date of arrival, and the next day from the seventh day of the consumer signed the goods from the next day.

2. "No reason to return"

What conditions do you need?

Consumers need to be clear that "no reason" is not equal to "unconditional". You have to see these conditions!

Condition 1: The purpose of online shopping products needs to be consumed for life

According to Article 2 of the "Seven Days of purchasing goods online without reason", "consumers need to purchase goods through online consumption for living consumption", and may Returns.

Condition two: The product also has "absolutely not applicable" and "relatively unsuitable" seven days without reason to return the goods

◆ "absolutely not applicable"

According to Article 25 of the Consumer Rights Protection Law of the People's Republic Exclusive custom Valentine's Day gifts, it is difficult to sell such products to others)

2. Fresh and easy to rot; (for example, the fresh dumplings purchased online on the Dragon Boat Festival are "fresh and easy to rot" products.

3. Online download or digital products such as video products, computer software and other digital products;

4. Delivery newspapers and journals.

For products that cannot be returned for seven days, the product sellers also have specific obligations. For the above four types of products, merchants should take technical means or other measures for clear labeling.

◆ "relatively not applicable"

Consumers should pay attention to Article 7 of the "Interim Measures for Returning the Seven Days of purchasing goods online", for the following three types of products, if the consumer confirms the consumer when purchasing, it may not be applicable to seven days without reason to return the goods regulations without reason. Essence

1. Commodities that are easy to affect personal safety or health after sealing, or products that can easily cause the quality of the product after the sealing;

2. Once activated or tried, the value degraded the value;

3. The goods that have been clearly stated at the time of sales, the products with defective shelf life.

For the above three types of products, merchants should set up significant confirmation procedures in the process of product sales for consumers to confirm a single purchase behavior. If there is no confirmation, the merchant shall not refuse to return the goods for seven days.

Condition three: The goods for returns should be intact

Article 8 of the Interim Measures for Returning the Seven Days of purchasing goods on the Internet "stipulates that" the goods can maintain the original quality and functions, and the goods itself, accessories, and trademark logos are deemed to be intact. " Open the product packaging, or make reasonable debugging to confirm the quality and functions of the product does not affect the integrity of the product. "

In other words, under the premise of the integrity of the product, merchants cannot reject consumers' non -reasonable return requests on the grounds of "sealing" and "trial". In addition, if the product quality and functional needs are exceeded, and the goods are used to use the product, which will cause the product value to be degraded and degraded, it is deemed to be incomplete.

Source: Hangzhou Internet Court, Shandong Gao Law

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