Netizens spent 750 yuan online shopping mobile phone but received tofu?Lawyer: No responsibility for the platform
Author:Pole news Time:2022.07.13
Jimu Journalist Ding Peng
On July 12, Mr. Wang Wang, a netizen of Xi'an, Shaanxi, broke the news that he bought a second -hand mobile phone online on his idle fish 750 yuan. After arriving, it turned out to be a box of tofu. In this regard, the official customer service staff of Xianyu said that buyers can apply for refunds, and the platform will also review the vouchers submitted by the buyer. The lawyer said that the buyer ordered the "confirmation of receipt" without receiving the goods, so he could not hold the platform for accountability.
Screenshot of network video
Multi -stage chat records in the video sent by Mr. Wang showed that he bought a second -hand apple mobile phone on the idle fish platform for 750 yuan. After the buyer was shipped, he said that he was anxious to use money from home. After receiving the goods, Mr. Wang found that it was a box of tofu, and there was no reply with the seller. He said he had reported the matter to the platform.
On the 13th, Jimu Journalists called the idle fish customer service. The staff said that if there is a problem with the discovery of the product, Mr. Wang can submit a refund application and upload the relevant vouchers who have received the product. Essence After the report is successful, the platform will control and restrict the seller's account, and restrict its withdrawal and payment functions to freeze the balance of the account.
In this regard, Mr. Chai Xin, a law firm at Beijing Dacheng (Wuhan) Law Firm, said that in this case, buyers can hold accountants, but they cannot pursue the platform. Determine whether the platform must bear the liability for compensation, depending on whether the platform rules have vulnerabilities that cause the buyer's rights and interests to be damaged, or whether the platform knows that someone will use the platform to deliberately implement fraud. No, the platform has no obligation to compensate. As far as this case is concerned, the rules of the idle fish platform include the platform providing capital supervision. Buyers can click to confirm the receipt after receiving the goods and confirming that there is no problem with the goods. Press the platform to the platform, but the platform is obliged to provide buyers with basic information of the seller. If the seller does not refund, his behavior has constituted fraud, and the buyer has the right to file a lawsuit in accordance with the law.
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