Ms. Zhang bought a customized bracelet from Mr. Wang on an online shopping platform, and the auction price was 10,000 yuan.
After a period of waiting, she finally received the goods, Ms. Zhang opened it with joy to try it on, but found that the bracelet was obviously inconsistent with the renderings, and it looked rough, Ms. Zhang immediately contacted Mr. Wang to return the goods for a refund.
So can I ask for a refund for online customized goods?
According to the law, goods ordered by consumers are generally not eligible for seven-day no-reason returns. However, if the customized product received has a quality problem or is significantly different from what the seller showed, making it impossible to achieve the purpose of the contract, the customer can apply for a return and refund.
In this case, according to the chat records of the two parties, it can be seen that Mr. Wang did not show Ms. Zhang the goods in all aspects, nor did he fulfill the obligation to warn of risks, but only showed Ms. Zhang a design rendering of the bracelet, and there was a relatively obvious difference between the appearance of the bracelet that Ms. Zhang actually received and the renderings displayed by Mr. Wang. Now the fundamental purpose of Ms. Zhang's purchase of the bracelet cannot be realized, and Ms. Zhang's request to terminate the contract and return the goods for a refund is in accordance with the law and is supported in accordance with the law.
The legal basis is as follows:
Article 25 of the People's Republic of China Consumer Rights and Interests Protection ** Operators use the Internet, television, mail order and other methods to sell goods, consumers have the right to return the goods within seven days from the date of receipt of the goods, and do not need to explain the reason, except for the following goods:
a) Custom-made by the consumer;
b) fresh and perishable;
3) ** or digital goods such as audio-visual products and computer software that are unsealed by consumers;
4) Newspapers and periodicals delivered.
In addition to the goods listed in the preceding paragraph, other goods that are not suitable for return according to the nature of the goods and confirmed by the consumer at the time of purchase are not applicable to return without reason.
The goods returned by the consumer should be in good condition. Proprietors shall return the price paid by consumers within 7 days of receiving the goods. The cost of shipping for the return of the goods is borne by the consumer;Where proprietors and consumers agree otherwise, follow the agreement.
Article 23 of the People's Republic of China Consumer Rights and Interests Protection** Business operators shall ensure the quality, performance, use and validity period of the goods or services they provide under the normal use of goods or services;However, the consumer has known that there is a defect before purchasing the product or accepting the service, and the existence of the defect does not violate the mandatory provisions of the law.
Where proprietors indicate the quality of goods or services through advertisements, product descriptions, physical samples, or other means, they shall ensure that the actual quality of the goods or services they provide is consistent with the quality conditions indicated.
Where durable goods such as motor vehicles, computers, televisions, refrigerators, air conditioners, washing machines, or services such as decoration and decoration provided by business operators are discovered by consumers within six months from the date of receipt of the goods or services, and a dispute arises, the business operators shall bear the burden of proof for the relevant defects.
Guogao suggests that consumers should pay attention to keeping transaction records, chat records, shopping invoices, express delivery documents, warranty cards and other relevant evidence materials in the process of online shopping. You should also pay attention to the relevant terms and regulations on the online shopping platform, raise awareness of prevention, and be vigilant against consumer traps.