A merchant's epidemic was pretending to be domestic sales during the epidemic period, and the court finally tried it!

During the epidemic, Liu spent thousands of yuan online shopping in "China/Beijing" mangosteen, but received imported mangosteen imported from Indonesia. On July 4th, the reporter learned from the Beijing Fourth Intermediate People's Court that the second trial of the fraud cases involved in the fruits was concluded. In the end, the court ruled that the merchant returned and refunded and three times the compensation.

Consumers often prefer different origin in different goods, especially the origin of fruits directly affects the quality of fruit. On the takeaway platform, Liu bought 4 boxes of mangosteen for two consecutive days. The product page on the order shows "domestic" and "China/Beijing". Liu spent 1953.8 yuan and 1956.18 yuan in two days, and the corresponding orders were delivered in time on the day of the order.

After receiving the mangosteen, Liu found that the product label on the packaging box showed "to the People's Republic of China", while the origin was Indonesia. Liu believes that the imported fruit was slow during the epidemic, and the fruit store used imported mangosteen to pretend to be domestic mangosteen to form a fraud. It required a return on the fruit store to refund and three times compensation.

The fruit store believes that the mangosteen involved in the case from the local wholesale market in Beijing is that the staff mistakenly marked the sales place of the product page into Beijing as a production place, and because the mangosteen needs low temperature and moisturizing, the ordinary paper packaging box cannot be distributed. For food safety and convenient transportation, two mangosteen special boxes were specially found to pack and seal. Liu only rely on packaging that mangosteen is not established in the country. The mangosteen involved in the case is domestic mangosteen.

The court found that the fruit store was verbally warned by the market supervision department for failing to establish a sales account for the fruit involved.

"During the epidemic, there are hidden safety hazards in entering the goods in overseas commodities. The buyer's questioning and concerns about the overseas fruits instead of domestic fruits are in line with the actual actual situation. The source of goods. "The court held that when Liu had proved that the mangosteen outer packaging was marked with the mangosteen involved in the case, the fruit store did not provide strong evidence to refute it. Therefore, the court determined that the fruit store had the intention of fraud.

Regarding Liu's return and refund and three -fold compensation request, the court believed that because Liu was known for the first time he purchased the mangosteen to arrive, the mangosteen involved in the case was imported. The purchase decision made by the wrong understanding. Therefore, the request to return all the mangosteen and the three times compensation for the first order amount has a legal and factual basis for the three times compensation. The court will support it, and the court will not support Essence

In the end, in accordance with Article 509 of the Civil Code and Article 55 of the Consumer Rights Protection Law, the fruit store refunded Liu's commodity price of 3909.36 yuan and paid three times the compensation of 5861.4 yuan.

The judge reminded that on many e -commerce platforms, in the purchase page of the same product, the product name, product details, product parameters and other locations may be different. It is easy to make consumers misunderstand and place orders. Some products will also remove the original packaging. According to the number of consumers' purchase of the purchase, consumers cannot even distinguish the ownership of the origin from the packaging as Liu Mou. When it comes to fresh products, its origin is domestic or abroad, and there will be large differences in quality and inspection procedures.

In order to fully respect the consumer's right to know and choose, the seller should accurately describe the origin of the place of origin on the location of the product page. Remember not to fill in or deliberately fraud at will. At the same time Implement the supervision responsibility in place together.

Source: Beijing Evening News reporter Lin Jing correspondent Liu Jinning

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