@ 丫丫丫丫丫, please accept a warm reminder from the court.
"Double Eleven" It’s coming.
With "full reduction", "big promotion" and "pre-sale"
Various marketing methods are coming.
Ladies and gentlemen, while shopping happily,
Have you also encountered problems?
Please accept the gift from the court
A warm reminder of "Dian"
I wish you a pleasant journey.
Where to sue for rights protection when encountering online shopping disputes?
Law express:
Article 23 of the Civil Procedure Law of People’s Republic of China (PRC): A lawsuit arising from a contract dispute shall be under the jurisdiction of the people’s court of the defendant’s domicile or the place where the contract is performed.
"the Supreme People’s Court on the application of
<中华人民共和国民事诉讼法>Article 20: In the case of a sales contract concluded through an information network, if the subject matter is delivered through the information network, the domicile of the buyer shall be the place of performance of the contract; Where the subject matter is delivered by other means, the place of receipt is the place where the contract is performed. Where there is an agreement on the place of performance in the contract, such agreement shall prevail.
Therefore, when an online shopping dispute occurs, unless there is an agreement between the buyer and the seller, the consumer can choose the court where the seller lives, or the court where the buyer lives or receives the goods.
"Double Eleven", the merchant of my online shopping shop asked for a "down payment". If I go back on my word after paying the down payment and don’t pay the final payment, can the down payment be refunded?
Deposit is a form of guarantee voluntarily agreed by the parties to the contract to ensure the performance of the contract. It is established when the deposit is actually paid. If the consumer who pays the deposit does not pay the final payment, he has no right to request the return of the deposit. On the other hand, if a merchant who has received the consumer deposit fails to perform the debt or the performance of the debt does not conform to the agreement between the two parties, it shall double the deposit.
In daily transactions, the terms deposit and deposit are widely used, but their nature is completely different. Deposit has the nature of guaranteeing the performance of the contract, but deposit is not a legal concept, but a idiom. Its purpose is to alleviate the cash flow shortage of the party receiving the deposit and thus enhance its performance ability.
Law express:
Article 586 of the Civil Code of People’s Republic of China (PRC) stipulates that the parties may agree that one party shall pay a deposit to the other party as a guarantee for the creditor’s rights. The deposit contract is established when the deposit is actually paid.
The amount of the deposit shall be agreed by the parties; However, it shall not exceed 20% of the subject matter of the main contract, and the excess shall not have the effect of deposit. If the actual amount of deposit paid is more than or less than the agreed amount, it shall be deemed as a change of the agreed amount of deposit.
Article 587th of the Civil Code of People’s Republic of China (PRC) stipulates that if the debtor performs the debt, the deposit shall be used as the price or recovered. If the party paying the deposit fails to perform the debt or the performance of the debt does not conform to the agreement, so that the purpose of the contract cannot be achieved, it has no right to request the return of the deposit; If the party receiving the deposit fails to perform the debt or the performance of the debt does not conform to the agreement, so that the purpose of the contract cannot be achieved, the deposit shall be returned twice.
After shopping, I accidentally found that the merchants displayed discounted goods during the Double Eleven period, but in fact the price was higher than the original price. How can I protect my rights?
Merchants’ fictitious original price and quiet price increase are suspected of price fraud, and if the seller constitutes fraud, the buyer can ask for "one refund and three compensation". You can complain to the e-commerce platform where the merchant is located, or call the "12358" price reporting hotline and the "12315" consumer rights protection hotline to report. If similar goods have been purchased, consumers can defend their rights through arbitration and litigation.
Law express:
Article 14 of the Price Law of People’s Republic of China (PRC) stipulates that an operator shall not commit any of the following unfair price behaviors:
(1) colluding with each other to manipulate market prices and harming the legitimate rights and interests of other business operators or consumers;
(2) Dumping at a price lower than the cost in order to crowd out competitors or monopolize the market, disrupting the normal production and operation order, and harming the national interests or the legitimate rights and interests of other operators, in addition to handling fresh commodities, seasonal commodities and overstocked commodities at a reduced price according to law;
(3) fabricating and spreading information about price increases, driving up prices and pushing up commodity prices too high;
(four) using false or misleading price means to trick consumers or other operators into trading with them;
(five) to provide the same goods or services, and to discriminate against other operators with the same trading conditions;
(6) Buying or selling goods or providing services by means of raising or lowering the grade, and raising or lowering the price in disguise;
(seven) profiteering in violation of laws and regulations;
(8) Other unfair price behaviors prohibited by laws and administrative regulations.
The first paragraph of Article 55 of the Law on the Protection of Consumer Rights and Interests in People’s Republic of China (PRC) stipulates that if an operator commits fraud in providing goods or services, it shall increase the compensation for the losses it has suffered according to the requirements of consumers, and the amount of compensation shall be three times the price of the goods purchased by consumers or the cost of receiving services; If the amount of additional compensation is less than 500 yuan, it is 500 yuan. Where there are other provisions in the law, such provisions shall prevail.
The baby I bought was damaged or lost in the mail. How should I settle the claim? Who should bear the responsibility?
The seller sends the goods to the delivery place agreed by both parties through the courier company, and the goods are not delivered before the buyer signs for them. At this time, the seller still bears the risk of losing the courier. If the purchased goods are damaged in the mail, the consumer should take photos and leave a certificate at the first time when receiving the courier, and claim compensation from the seller in time. If the seller has carried out the corresponding packaging protection for the goods, he can negotiate with the courier company to settle the claim. If the negotiation fails, he can bring the corresponding evidence to court.
Law express:
Article 512 of the Civil Code of People’s Republic of China (PRC) stipulates that if the object of an electronic contract concluded through information networks such as the Internet is to deliver goods and the goods are delivered by express logistics, the time of receipt by the consignee is the delivery time. If the object of an electronic contract is to provide services, the time specified in the generated electronic certificate or physical voucher shall be the time for providing services; If the time is not specified in the above-mentioned vouchers or the time specified is inconsistent with the actual time of providing services, the actual time of providing services shall prevail.
The subject matter of an electronic contract is delivered by online transmission, and the time when the subject matter of the contract enters the specific system designated by the other party and can be retrieved and identified is the delivery time.
If the parties to an electronic contract have otherwise agreed on the way and time of delivering goods or providing services, such agreement shall prevail.
Article 604 of the Civil Code of People’s Republic of China (PRC) stipulates that the risk of damage or loss of the subject matter shall be borne by the seller before delivery and by the buyer after delivery, unless otherwise stipulated by law or agreed by the parties.
Is "seven days no reason to return" applicable to all kinds of goods?
There is no reason to return goods for seven days, which protects the rights and interests of consumers to the greatest extent and is also conducive to the development of e-commerce. However, it needs to be clear that "no reason" does not mean "unconditional". Not all goods are subject to the seven-day unreasonable return rule. The seven-day unreasonable return rule does not apply to goods classified as fresh and perishable. For the purpose of seeking benefits, it is not applicable to return goods for seven days without reason if online shopping is needed beyond the reasonable daily consumption. At the same time, "should be in good condition" is the prerequisite for returning goods for seven days without reason.
Law express:
Article 25 of the Law of People’s Republic of China (PRC) on the Protection of Consumers’ Rights and Interests and Article 7 of the Interim Measures for the Seven-day Return of Goods Purchased through the Internet stipulate that consumers who purchase goods online have the right to return goods within seven days from the date of receipt of the goods without giving reasons, but they need to meet the following conditions:
1. Within seven days from the date of receiving the goods;
Second, the goods do not belong to the following types: (1) ordered by consumers; (2) fresh and perishable; (3) Digital goods such as audio-visual products and computer software downloaded online or unpacked by consumers; (4) newspapers and periodicals delivered; (5) Other commodities that are not suitable for return according to the nature of the commodities and confirmed by consumers at the time of purchase.
Have you learned the above little knowledge
When people bought it in buy buy,
Be sure to be rational.
Especially when shopping online.
Pay attention to the collection and preservation of relevant shopping evidence!
Editor: Fei Lichun
Original title: "@ 丫丫丫丫丫丫丫丫, please accept a" code "warm reminder from the court"
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