● in recent years, shop to had made trend on the net, in jumping over comer to participate in its more more. Nevertheless, the commodity that whether you worry about to the net is bought can encounter fake? If the right by enroach on, how can you maintain self interest better? Legal expert instructs you a few court " recipe " .
1
Fake is bought on the net, who to sue more convenient?
Basis " consumer rights and interests protects a law " regulation, customer deals through the network platform buys commodity to encounter fake, already can to claim for compensation of the person that sell, also can trade to the network platform claim for compensation, still can ask both assume implicative liability to pay compensation. In practice, the authority that it is dimension is convenient, consumer chooses to sue a network to trade commonly platform.
The network trades; of information of the person that platform cannot offer a sale
Although can provide information, but the network trades platform makes more advantageous affirmatory; to consumer
The person that know perfectly well or should know to sell uses consumer of platform enroach on legitimate rights and interests, and did not take necessary step, criterion consumer can ask both assumes implicative liability to pay compensation.
2
The net is bought encounter fake, where to go to sueing more convenient?
According to the code of civil law, because of the lawsuit that contract dispute mentions, fulfill ground court by ground of the accused abode or contract administer. In the meantime, the supreme court also makes clear a regulation, the bilateral party of contract of purchase and sale is in what have an agreement to delivery place in the contract, fulfill ground; to did not agree for the contract with delivery place of the agreement, according to delivery affirmatory contract fulfills ground; to use deliver goods means, fulfill the ground for the contract with goods service ground. That is to say, consumer is OK " do not give a door " the person that let break the law suffers sanction.
3
"Once be patted, do not return money without exception " is the regulation effective?
Shop in the network in, format provision is commonner. For instance " one sell on commission goes out, blame quality problem does not get exchange a purchase " " once be patted, do not retreat do not change " etc. Clause of this kind of format, should be commonly invalid, because consumer rights and interests protects a law to make clear a regulation, consumer enjoys 7 days of rights that return money without reason, what afore-mentioned clauses violated law is mandatory regulation.
4
Experience " buy the home to already paid, sell the home not to deliver goods " how to do?
The sheet below consumer buys goods, already paid payment for goods, the businessman says to did not undertake affirming to consumer order for goods however, the contract has not hold water, consumer has no right to ask to deliver goods. Encounter this kind of situation, the court wants a foundation case detail decides integratedly. For instance, when consumer is issueing sheet, the detail such as the to the product model in the option that the businessman offers, color, size, amount, function all has specific provision. Below this kind of circumstance, only request and the pay payment for goods behavior below consumer affirm through the system effective, criterion contract establish, sell the home to need to fulfill a provider to taste obligation.
5
Does the net buy commodity and businessman conduct propaganda abhorrent how to do?
The net is bought in, whether does the businessman exist to be publicized phonily, total judgement principle is, if the businessman informs false circumstance intentionally to conceal true condition intentionally perhaps, prevail on buyer makes wrong meaning denotive, can maintain for fraudulent action. If operator offers commodity to perhaps serve those who have fraudulent action, criterion consumer has authority to ask the refund that return money is mixed increase the loss that recoups its to get, the 3 times; of the cost that raises compensatory amount to buy the money paid for something purchased or received for something sold of commodity to perhaps accept a service for consumer increases compensatory amount to be not worth 500 yuan, press 500 yuan of compensation.
6
How can Wei Quancai cost little, cost low?
What buy through the network as a result of consumer is equivalence of food, dress, commodity more the value is not too tall commodity, when producing controversy, how is less, cost inferior when Wei Quancai specific power consumption? Become the one catastrophe that perplexes consumer to inscribe. Current, a few large networks of domestic buy platform to be in tripartite controversy mediates work up mechanism, invite expert of famous law expert, electronic business affairs to hold the position of adjuster namely, harmonious buyers and sellers is passed settle dispute, consumer is OK according to oneself circumstance, apply for this service.
