According to the world clothing and footwear network, Zhang bought 9 26 pieces of clothes and paid 12,740 yuan in the Taobao shop. Afterwards, he filed a lawsuit against the court for the incomplete purchase of the goods, requesting the seller to give three times the punishment. Sexual compensation. Recently, the Intermediate People's Court of Nantong City of Jiangsu Province made a final judgment on the first-instance trial of this online shopping contract dispute. It was found that there was no fraudulent behavior in the online shopping contract between the two parties. The defendant Tao and Shimou returned Zhang’s payment of 12,740 yuan without compensation. .
Shimou is a "network red man" who has exposed a variety of luxury items and clothes on the Internet, causing Zhang's attention. On August 22, 2016, Zhang entered a Taobao shop jointly operated by Shimou and Tao Mou, and negotiated with his online chat to buy clothes. Tao promised that the seller supported seven days without reason to return, and then Zhang ordered the purchase of the net. Shop 9 pieces of 26 clothes and pay the price of 12740 yuan.
Afterwards, Zhang found that there was no factory name, factory address, execution standard, washing and maintenance method and other signs on the clothes tag. Zhang immediately submitted a return request to Tao from Taobao. Tao agreed to return the product and informed the return address and precautions, but Zhang indicated that he would retain the evidence to defend his rights and not return it.
Subsequently, Zhang proposed that the seller Tao and Shimou constituted fraud, demanded to refund the purchase price of 12,740 yuan and triple compensation, but the seller believed that he did not commit fraud and only agreed to refund the purchase price. Therefore, Zhang’s paper complaints sue the sellers Tao and Shimou to the Hai'an County People's Court.
In the court, Shimou and Tao Mou argued that on the website, they have disclosed the relevant information of the clothes sold according to the Taobao online shopping business practice and promised to return the goods for seven days. After the return of Zhang, the first time to agree to return the goods, there is no existence. Intentional fraud, profit. The incomplete logo of the clothes tag is only a violation of the national administrative regulations, and does not mean that its quality is unqualified. Zhang did not provide evidence to prove that these clothes have excessive fabric harmful substances and other violations of the national compulsory standards for clothing products, and in the sales process, if Zhang asked about the manufacturer or washing requirements and other information that needs to be marked on the product identification, They will tell the truth and they have not concealed any information.
The Hai'an court held that Zhang claimed that Shimou and Taomou constituted fraud. The evidence of the evidence was the clothes that Tao was sold to him. The tag on the clothes had no factory name, site, execution standard, safety category, composition, washing and maintenance methods. Such content, Shimou, Tao Mo has no objection to this, but has disclosed the relevant information of the clothes according to the commercial practice of Taobao shop, there is no fraud, the tag identification is not only an administrative illegal act; and in the transaction promised seven days no reason to return In the first time that Zhang submitted the return, he agreed to return the goods. Only the necessary information such as the name of the factory and the site on the clothes tag sold by Shimou and Tao Mou can not be considered as fraud. In this case, Zhang is based on the fashion of Shimou, and he is very optimistic about the sale of clothes. He said that it is not because Shimou and Tao have deliberately fabricated facts or concealed the truth to make them misunderstand and make purchases. The meaning of the meaning; during the negotiation of the contract between the two parties and after the purchase of clothes, Shimou and Taomou agreed to refund, did not have the intention to make improper profits, did not meet the constitutive elements of fraud, and the court found the case Sales behavior does not constitute fraud.é‚ Judgment Shimou, Taomou returned Zhang for a payment of 12,740 yuan.
Zhang refused to accept and filed an appeal. The Nantong Intermediate People's Court was tried to maintain the original judgment.
â– Judge's statement â–
The identification of fraud should meet the four requirements
The second trial judge of the case, Jin Wei, said that fraud is one of the circumstances in which the contract can be revoked. At the same time, fraud is one of the constituent elements of the punitive damages applicable to Article 55 of the Consumer Protection Law of the People's Republic of China. For the general consumer sector, the constitutive element of punitive damages is that the operator provides fraudulent goods or services. The determination of fraud shall be in accordance with the provisions of Article 68 of the Supreme People's Court's Opinions on the Implementation of the General Principles of the Civil Law of the People's Republic of China (Trial). Fraud must have fictitious facts or conceal the truth, causing the other party to fall into misunderstanding. And because of the misunderstanding, the four elements of untrue meaning and illegitimateness, that is, one party deliberately informs the other party of the false situation, or deliberately conceal the true situation and induce the other party to make a wrong expression, can be identified as Fraud.
Jin Min said that in this case, Zhang did not advocate and prove that Shimou and Tao made false descriptions in the description of their online stores that were inconsistent with the goods themselves and that Zhang had mistakenly believed in the false descriptions made by him. The meaning of making a purchase of clothing. Although the logos of the clothes sold by Shimou and Tao are indeed incomplete and incomplete, the incomplete identification does not necessarily lead to fraud against Zhang. Zhang said that the quality of these clothes is “inferior†and that they are also individuals. The evaluation, without evidence of relevant test reports, is not supported by his claim.
For more exciting reports, please pay attention to the world clothing and footwear network.
Microfiber pet mat provides a summer cool pet baby (cold pad), warm in winter (flannelette gasket) habitats, superfine fiber mat surface terry fabric or flannelette, intermediate compound sponge, on the back of the commonly used antiskid material, use microfiber pet mat convenient clean, pet baby after taking a bath, it helps the body of MAO moisture adsorption and evaporation, Effectively prevent dog baby skin damage and sleep at ease.
Microfiber Pet Mat,Microfibre Pet Mat,Microfiber Pet Bowl Mat,Microfiber Dog Bowl Mat
Suzhou fortunate Textile co., Ltd , https://www.fortunatetextile.com