"Double Eleven" order delayed 8 months without shipping merchants were sentenced to three times compensation and continue to ship orders – News

"Double Eleven" order delayed 8 months without shipping merchants were sentenced to three times compensation and continue to ship orders – News

[Abstract] "Double Eleven" Shopping Festival has passed, is you bought? When you understand the rules such as "prepayment", "deposit", "Dingjin", "Tail", so that you will get the baby, but the merchant is not shipped. "Double Eleven" shopping festival has passed, have you bought something shipped? When you understand the rules such as "prepayment", "deposit", "Dingjin", "Tail", which will be exhausted, and pay for the baby, the merchant is not shipped, the business is Does the behavior are fraud? On November 12, the Beijing Internet Court issued such a typical case. In this case, after the online shopping list, the merchant was not shipped, and he was urged to evacuate each other.

Mr. Li made the merchant, the court found that there was fraudulent in the process of orders, and the merchant was compensated according to the order price, and continued to perform the delivery obligation. In the early morning of November 11, 2020, Mr. Li went to the mobile phone, and all the preferential inputs were calculated, and the payment button was hit by the expectation. Order the coffee table and cupboard configured for home.

Since the order of payment, Mr. Li asked the merchant to ship several times, but the merchant said that it is necessary to delay the delivery, and even suggest that Mr. Li applied for a refund.

Until 2021, Mr. Li couldn’t stand the indignation in his heart, and resorted to the court, requiring merchants to continue to fulfill delivery obligations and compensated three times according to the order price.

After the trial, Li Mr. Li is in the order of November, December, 2021, January, February, February, January 2021, in January, February, September, April, January 20020, contacting the product Time can be shipped. Merchants have replied to the "shipping at the end" each time, and inform Mr. Li did not ship is due to manufacturers installed, environmentally friendly testing. Until 2021, Mr. Li once again moved to the store customer service to continue delivery, but the store said that the plaintiff reserved the difference link to continue the delivery, and Mr. Li refused.

At the same time, Mr. Li discovered that the merchant continued to sell the same product in the store opened in other Taiwan, but the merchant said that the product information was not recovered in time due to technical reasons.

The court held that civil fraud acts referred to the establishment, change, terminating civil rights and civil obligations, deliberately informing the other party’s false situation, or deliberately concealing the real situation, induce the behavior of the other party to make mistakes. In the order, Mr. Li asked the merchant several times, and the merchant has been called "shipping at the end". It has been committed to the implementation of the contract, only requiring delay delivery, and did not express the failure of delivery, then contact Mr. Li requires a difference in the difference to continue to ship.

The seller to ship is the basic obligation in the shopping contract, but the merchant of this case has not submitted to evidence that there is reasonable late delay, and it does not perform the delivery obligations for a long time, and it has not been issued during the period of issuance of the delivery. The goods are not active and communicated with consumers. The court found that there were fraud in the process of orders, and the merchant was compensated for Mr. Li and continued to perform the delivery obligations according to the order price.

Judge prompts, in "Online Shopping Festival", due to the use of coupons for the use of time and scenes, consumers’ purchases may have low-cost sales. When merchant participates in the shopping festival, it is not possible to consider attracting traffic, but also carefully considering its own stock capacity and transaction cost.

If you are not shipped within the promised time due to special circumstances, you should actively communicate with consumers, explain the situation and make an understanding. As a consumer, if the logistics state is late, it is necessary to ask the merchant’s unbounded situation and the reason. The two sides fully negotiate communication, avoiding the upgrading of disputes because of the inconsistency of communication or meaning.

If the "goods is on the way" due to special reasons, it is not conducive to consumer’s consumer experience and is not conducive to the follow-up operation of the merchant.

Source: 湃 News.