The picture originates network
Liu Li of Wang Changpeng of Oriental network reporter, reporter reported on March 26: Buy on network platform secondhand brand bag, encounter a problem this to whose claim for compensation? Ms. Deng that comes from Shanghai encountered such trouble, buy fake not only, cancel goods course repeatedly also again and again suffocate suffocate. Then, accused this platform under one anger court.
Recently, shanghai careful of court of the first intermediate people writtened guarantee dispute of this business contract appeals case, 2 careful support consumer to quit the position of goods refund.
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.
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 obtains the appraisal orgnaization that approbates to platform of a classics to issue, 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 think of this cancels goods course again and again suffocate suffocate. 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.
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
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)
