"This Apple phone you sold me is a modified machine, don't you explain it to me?A man asked angrily. And the seller on the other end said lightly: "You are buying a second-hand mobile phone, and it is not guaranteed to be intact." Besides, you might have dropped your bag halfway through!"After that, the other party will **hang up.
Cao Wei, who lives in Foshan, Guangdong, is a post-00s college student who lives frugally and loves to study Xi. In April 2023, Cao Wei's account was credited with a national scholarship. Cao Wei has his own ideas about this money, and he plans to buy a second-hand Apple mobile phone from the Internet to reward himself for his usual hard work.
A few days later, Cao Wei received the courier as scheduled. When he opened it expectantly, he found that the phone did not match the description of the online seller at all. This phone is not **, but a modified device. Cao Wei felt very disappointed and angry, and he felt that he had been deceived. So, Cao Wei decided to find the seller and confront him, which led to the beginning of the scene.
Cao Wei asked the merchant to compensate for the sale of counterfeits in **, but the merchant ignored it. There was no way, Cao Wei had to contact the merchant again on the online shopping platform, but to no avail, the message sent was lost, and no one replied. Since then, the merchant has deleted the link to this product on the online shopping platform. Cao Wei was furious, and he realized that he needed help from the law. In desperation, he took the merchant to court.
The court held that Cao Wei purchased a mobile phone through an online shopping platform and paid for the goods, and the two parties established a sales contract relationship. Cao Wei adduced evidence to fully prove that the mobile phone he purchased was not advertised by a certain **, and the merchant's behavior constituted fraud.
Article 577 of the Civil Code of the People's Republic of China stipulates that if a party fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.
Article 55 of the Consumer Rights and Interests Protection of the People's Republic of China stipulates that if a business operator commits fraud in providing goods or services, it shall, at the request of the consumer, increase the compensation for the losses suffered, and the amount of the increased compensation shall be three times the price of the goods purchased by the consumer or the cost of receiving the service;Where the amount of increased compensation is less than 500 RMB, it is 500 RMB. Where the law provides otherwise, follow those provisions.
In accordance with the above-mentioned legal provisions, the court ordered the merchant who sold the mobile phone to refund Cao Wei the price of the mobile phone and compensate Cao Wei three times the price of the goods.
In our real life, there are many such things, if we buy fake goods on the Internet, we must pay attention to the collection and fixation of evidence, in addition to keeping the relevant proof of purchase, if necessary, you can also apply to the relevant agencies to do product quality appraisal. In addition, consumers can also file a complaint with the administrative department for industry and commerce or report the seller's sale of counterfeit goods to the public security organ. Guanling takes this opportunity to remind everyone that online shopping needs to keep their eyes open, find regular merchants before shopping, and protect their rights in time after problems!