As the development of Internet, sundry network shops platform emerges in endlessly, consumer can adopt these platform at any time the unused article in hand of buying and selling, but secondhand the legal problem of backside of buying and selling also subsequently emerge in large numbers, what buy to oneself is secondhand how does brand merchandise identify true bogus, encounter a problem to to who should advocate compensation again?
Recently, shanghai court of the first intermediate people (one quadrangle of Shanghai of the following abbreviation) careful writtened guarantee one hauling is bought secondhand the case of appeal of business contract dispute that LV portfolio causes, maintain a network to shop lawfully trade platform is secondhand the sale of LV portfolio square, form lawful and significant business contract concern with consumer. Because be secondhand,include business, existing evidence can't maintain portfolio to buy platform to exist to be not quality goods, net fraudulent action, 2 careful support consumer to quit the position of goods refund only, change the original sentence rejects the request that thirdly times penalty sex compensates for.
Secondhand net of difficult differentiate of LV true and false buys platform to be sued
To buy a portfolio that admire in the heart, ms. Deng rambled a lot of days on the net, be called excessive in eventually implement one discovers on APP " LV mediaeval money is secondhand portfolio of 95 new trumpet " , price 4, 800 yuan. Buy the comparison of platform through each net, the sexual price that Ms. Deng feels this is wrapped is compared highest. Through enquiring customer service is informed, this bag department is in by consign for sale on commission selling the home platform, after buying the home certainly, meeting selling the home sends commodity in kind the center of ancient bronze mirror of platform first, classics platform appraisal ensures is quality goods and below not as big as commodity description difference case, deliver goods by platform buy the home. Listened to narrate one time this, ms. Deng feels to have platform identification, reliability is higher still, sent this package then.
On August 28, 2016, ms. Deng takes the package that admires in the heart to this eventually, stem from insurance, she takes the package secondhand luxury inn, be informed this to wrap however matching a skin had been changed afresh. Ms. Deng challenges immediately platform customer service, be informed however, resemble this kind of secondhand and mediaeval package, had changed it is very normal to match a skin, if want appraisal true bogus to must go professional appraisal orgnaization, general and secondhand the conclusion of inn is not approbated. Flounder relapses, the appraisal result that Ms. Deng obtained the appraisal orgnaization that approbates to platform of a classics to issue on September 20, 2016 eventually, show this packets do not accord with a brand above / manufacturer is state-owned shown technical information and craft feature. Ms. Deng is obtaining this appraisal result, the heart wants to bought fake to be retreated, can not thinking of this cancels goods course also is very miserable, tardily reply, customer service changes, examine the bill of cost rises not quits a series of problems head on and come, last to May 11, 2017 all the time so, ms. Deng still was not taken retreat payment for goods. Final, ms. Deng that be driven beyond forbearance excessive implement the company tells a court, ask this company returns payment for goods, assume examine cost, freight and the con responsibility of 3 times compensation.
First instance: The net buys platform to be not intermediary and fasten a bargainor
On the court, the aglet that Ms. Deng weighs portfolio and bag body suture are not former outfit, excessive implement the company is belonged to con. But excessive implement the company thinks, the excessive that oneself manage implement APP is a network shops only trade intermediary platform, similar clean out cat of treasure, day, excessive implement the company is not commodity to sell square.
In first instance, the court ever wrote appraisal orgnaization in order to enquire the detailed circumstance of appraisal, appraisal orgnaization answers case to say, experience case portfolio does not have serial number, and the aglet of the bag, suture that include a body does not accord with a brand / manufacturer is state-owned shown technical information and craft feature. To this, excessive implement its had been informed to wrap a body to do not have encode and the business that give aglet when the company thinks he buys a package in Ms. Deng, and secondhand the bag is mixed through maintaining commonly maintenance, nature of the suture that include a body and brand-new the bag is different, reason is nonexistent the fraudulent action that signal false case intentionally or hides true condition.
Court of first instance thinks, ms. Deng is in excessive implement APP buys experience case portfolio, and to excessive implement the company pays payment for goods, and excessive implement the company delivers goods experience case portfolio Ms. Deng, make sure experience case portfolio ties quality goods, both sides forms lawful and active business contract to concern accordingly. To the con responsibility that Ms. Deng holds, court of first instance thinks excessive implement APP ought to disclose the important information that concerns with commodity actively as operator, and in this case, review Ms. Deng and excessive implement the chatting record of APP customer service, excessive implement APP customer service is divided outside informing portfolio of case of Ms. Deng experience to did not code, never had signalled problem of the aglet of the bag or existence of the suture that include a body. Accordingly, court of first instance maintains excessive implement the company is formed con, damaged Ms. Deng to serve as the legal right of consumer, supported all appeal of Ms. Deng. Excessive implement the company refuses to obey, appeal reachs Shanghai one quadrangle.
2 careful: Secondhand the bag has do not buy the home to advocate con evidence is insufficient at new package
One quadrangle of Shanghai thinks via cognizance, business contract concern builds those who be in which two, want to see experience thing how just state an opinion not only, should see the real case that bourse presents more. The excessive in judging this case implement the company is a bargainor or intermediary after all square, should review whole trading actual condition, from trade object, trade flow, trade content in light of 3 respects, ms. Deng is early days is bought or later period seeks advice no matter, the refund that return money, it is from beginning to end with excessive implement the customer service of APP undertakes contacting, appraisal, quality goods assures is by excessive implement APP is finished, ms. Deng never with excessive implement company place says sell the home to had had communicate, after the sheet below Ms. Deng, by excessive implement the company sends shipment thing and receive fund of engaging the load, returning money also is to retreat to excessive implement company. Accordingly, excessive implement a bargainor that the company should be experience case portfolio, establish lawful and active business contract to concern with Ms. Deng.
Judgement excessive implement whether is the company put in fraudulent action, should see experience case portfolio whether can be maintained namely to be not quality goods. One quadrangle of Shanghai thinks, in trade beginning, excessive implement APP customer service has informed portfolio of case of Ms. Deng experience to did not code, aglet department sells the home to give, and secondhand the act that the bag does not exclude existence to cross maintenance, conserve, chan Ping aglet and wrap body suture to wait and can't show quality goods of dispute of experience case portfolio. Accordingly, in material coriaceous, hardware, the respect such as modelling of the craft that make, exterior not below the case that appraisal gives an issue, only by existing evidence, still can't maintain experience case portfolio to be blame quality goods. Meanwhile, this case also shows excessive without evidence implement firm department knows perfectly well existence of experience case portfolio to include the issue such as body suture and do not grant to tell customer, affect the exercise of authority of consumer know the inside story and option intentionally. Reason Ms. Deng advocates excessive implement the company is formed con, advocate sex of 3 times penalty is compensated for accordingly, one quadrangle of Shanghai does not grant to support.
In addition, because Ms. Deng is right the question such as the suture that include a body is obvious very care about, because both sides is specific to experience case portfolio state agreement is unidentified, purpose of Ms. Deng contract cannot come true, business contract can grant to remove. Requirement of one quadrangle support Ms. Deng returns reason Shanghai payment for goods, examine the view of cost and freight.
One quadrangle of Shanghai makes afore-mentioned commute then.
(above person name, company name all is alias)
