Many college students recently listed their schools on the Xianyu platform, and there are various reasons for "reselling": some feel that the dormitory is far away, some think that the food in the canteen is unpalatable, and some people are just out of love and afraid of touching the scene and ......These colleges and universities are priced from 0Ranging from 1 yuan to 10 million yuan, scattered all over the country, there is even a school with a price of 50,000 yuan has been auctioned and paid, and there are more than 1 million people on the Internet.
Although this is a joke, the issue of online second-hand transactions has aroused public concern, and there are many "pitfalls" hidden behind this seemingly win-win trading method. So, what goods can't be traded on online second-hand platforms?Are second-hand goods really "good quality and cheap"?What are the pitfalls of second-hand trading platforms to be wary of?
Which goods cannot be traded second-hand
Online second-hand trading is a way to recycle idle resources, which can not only reduce consumption costs, but also make transactions more efficient and convenient, and this concept has been recognized by many people today. With the development of Internet platforms, the scale of the second-hand trading market continues to expand, involving various categories, such as mobile phones, computers, home appliances, clothing, musical instruments, books, etc. Some people think that the online second-hand trading environment is more relaxed, but in fact this is not the case. Infringing counterfeit goods, tobacco, flammable and explosive chemicals, controlled knives, wild animals and plants and their products, virtual currency, personal information, public assets, etc. are strictly prohibited in second-hand transactions, and if they are violated, they will be dealt with in accordance with relevant laws and even subject to criminal penalties. Considering that some products require specific qualifications, storage conditions, authorization and other necessary pre-means, sellers should apply for relevant food sales licenses, drug transaction service qualification certificates and other qualifications or file them in accordance with the law when they use food, drugs, medical devices and other commodities on the second-hand platform. In addition, for online courses and teaching materials involving intellectual property rights, the seller shall provide relevant documents for obtaining authorization, so as to avoid falling into disputes due to unauthorized authorization and causing unnecessary losses to themselves. In the above incident, the behavior of some college students listing ** schools on online second-hand platforms has attracted widespread attention. As we all know, public assets cannot be donated through private channels. From a legal point of view, the "listing" of students in schools is a kind of "banter" and "ridicule", which will not cause consumers to misunderstand, but more to let the public know the psychology of students, and there is no fraud problem of misleading consumers.
Judge's tip
There are some risks and hidden dangers in second-hand transactions, such as quality defects, counterfeit and shoddy products, information leakage, fraud and fraud, etc., which may bring economic losses and other adverse consequences to consumers. Therefore, consumers should have a certain degree of judgment and risk awareness when conducting online second-hand transactions, and avoid blindly greedy for cheap or gullible others. At the same time, for online second-hand platforms, it is also necessary to strengthen the audit efforts, standardize the review process, do a good job in the platform early warning mechanism, and distinguish the joke behavior from the normal ** commodity behavior to ensure the authenticity and legitimacy of the transaction.
Whose fault is it for the flawed text
There is no shortage of high-value cultural toys in the online second-hand trading market, and due to the rarity and special use of such items, the smallest flaws will affect the value of the goods.
Zhang bought a pair of walnuts on the second-hand platform on the Internet, the price was 8,000 yuan, and the product detail page and the seller's description of the item were "flawless", but after receiving it, he found that one of the walnuts had a "tooth loss". Zhang believes that even a small defect will affect the value of the cultural product, and the broken tooth is a non-renewable damage, so he asked for a refundThe seller refused on the grounds that the item was in good condition when it was shipped. Zhang negotiated through an online second-hand platform to no avail, and sued the court.
In this case, the key to the court's decision was to determine who caused the defect, but neither party had any evidence to prove that the defect was not caused by itself. According to Article 90 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China, a party shall provide evidence to prove the facts on which its own claims are based or on which the other party's claims are refuted. Article 108 stipulates that if the people's court is convinced that the existence of the facts to be proved is highly probable after examination and consideration of the relevant facts of the evidence provided by the party who bears the burden of proof, it shall find that the facts exist.
According to Article 604 of the Civil Code, the risk of damage to or loss of the subject matter shall be borne by the seller before the delivery of the subject matter and by the buyer after delivery, unless otherwise provided by law or otherwise agreed by the parties. Article 607 stipulates that after the seller delivers the subject matter to the place designated by the buyer and delivers it to the carrier in accordance with the agreement, the risk of damage or loss of the subject matter shall be borne by the buyer. In this case, Zhang did not keep the evidence of unpacking and receiving the goods, and could not prove that the subject matter was damaged before receiving the goods. In accordance with the relevant laws and regulations, they shall bear the consequences of failing to present evidence. However, according to the evidence on record, the judge observed the state of the "lost tooth" and showed that the edges and corners were smooth and had a certain luster. According to the characteristics of walnut, the new section must be sharp and will not show the same gloss characteristics as other parts of the walnut surface, so it can be inferred that the "toothless" part is not a "new injury", but is integrated with other parts. Although the seller provided ** before delivery, it did not contain all the details of Wenwan Walnut, so it cannot be proved that the goods involved in the case were not defective before delivery, and it is highly likely that the responsibility for "tooth loss" should be attributed to the seller.
The court held that the defects of the goods involved in the case existed before the seller shipped the goods, and the seller failed to truthfully and comprehensively inform the seller of the situation at the time of sale, resulting in the failure to achieve the purpose of the contract, so it finally ruled that the seller returned the goods for a refund.
Judge's tip
Online second-hand transactions are inherently more uncertain, and the author suggests that both buyers and sellers should record all the appearance and functional demonstrations of the goods in detail under the witness of the courier to preserve the evidence. Especially for buyers, the risk is often greater, before confirming the transaction, you should understand the characteristics of the goods in detail, take the initiative to ask the seller to provide as much **, as far as possible to keep the unpacking ** when you receive, carefully check whether the details of the goods are consistent with the seller's description, and do a good job of evidence preservation, so as to avoid the risk of losing the lawsuit due to the inability to present evidence in the lawsuit.
What should I do if the goods are not on the board, and the seller shirks his responsibility
On the online second-hand trading platform, the buying and selling of idle small household appliances is becoming more and more popular, but there are traces of use of second-hand goods to varying degrees, and the corresponding new and old condition, the degree of defects, and the state of wear and tear can only rely on the description of the seller, so many consumers have an unpleasant experience in the second-hand transaction.
Wang bought a second-hand brand-name coffee machine through a second-hand online platform, and went to the seller to pick it up two months after placing the order. However, after receiving the goods, Wang found that the appearance of the coffee machine was covered with dust, and the water tank, milk foaming pipe and other places were moldy and deteriorated, and she asked for a refund on the spot but was rejected by the seller. Wang sued the court, demanding a refund and compensation for reasonable losses such as transportation expenses.
The product is very new, because there is no packaging, only self-pickup is supported" is the seller's description of the coffee machine involved in the case, according to the understanding of the general purchaser, the machine should not have obvious traces of use, but the obvious goods received by Wang from pick-up are not right. The seller said that the mold was caused by the coffee machine being placed in the basement and Wang not picking up the goods for several months.
Article 509 of the Civil Code stipulates that the parties shall fully perform their obligations in accordance with the agreement. The parties shall follow the principle of good faith and perform obligations such as notification, assistance, and confidentiality in accordance with the nature, purpose, and transaction Xi of the contract. Article 610 stipulates that if the purpose of the contract cannot be achieved because the subject matter does not meet the quality requirements, the buyer may refuse to accept the subject matter or terminate the contract. If the buyer refuses to accept the subject matter or rescinds the contract, the risk of damage or loss of the subject matter shall be borne by the seller.
In this case, the seller kept the coffee machine in the basement for two months, neglecting the storage of the second-hand goods, causing its properties to change and affecting normal use, and did not truthfully inform Wang. If the seller does not conform to the delivery agreement due to improper storage, the buyer has the right to terminate the contract, and the seller shall bear the liability for breach of contract. Therefore, the court ruled that the seller constituted a breach of contract and should bear the liability for breach of contract, return the goods and refund and compensate Wang for reasonable losses of 150 yuan.
Judge's tip
In order to avoid transaction disputes, the seller should explain the new and old and real-time conditions to the buyer before the delivery of the second-hand goods, and at the same time take good care of the goods to ensure that the goods before delivery are consistent with their descriptions and can be used normally. If the goods are damaged or depreciated before delivery, the seller shall bear the corresponding responsibility. Similarly, for sellers with more negative reviews and more items with prices lower than the market, buyers should also consume rationally before trading.
Whether concealing a defect constitutes fraud
In recent years, there has been an increasing number of cases involving the second-hand trading market, and the vast majority of cases involve inconsistencies between the details of the goods and the actual product. If there is a serious discrepancy between the product details and the actual product, such as shoddy or fake, the purchaser will fall into a misunderstanding and make a purchase decision, which will constitute fraud. According to Article 55 of China's Consumer Rights and Interests Protection, 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.
Fang bought a brand-name watch on an online second-hand platform, and the seller claimed that it was "brand new and unused, and there is no quality problem". However, after receiving the goods, Fang found that the dial of the watch was damaged and deformed, and could not be used normally, and the seller refused to return the goods. Fang believed that the seller was shoddy, falsely advertised, and provided defective goods without prompting them, and there was consumer fraud, so he sued the court for return and three times punitive damages.
According to the relevant provisions of the Civil Code, if one of the parties delays the performance of its debts or has other breaches of contract, resulting in the inability to achieve the purpose of the contract, the parties may terminate the contract. According to the evidence provided by Fang, the dial of the goods involved in the case was obviously damaged, and there were many subtle abrasions around the damage, which not only affected the aesthetics, but also injured the service life, and should not be a "slight self-defect", which is in line with the circumstances of terminating the contract. With regard to whether a seller has committed fraud, the following four conditions must be met to constitute fraud, namely, the intent to defraud, the fraudulent act, the misperception caused by the fraud, and the expression of intent due to the misunderstanding.
In this case, although the seller was not clear enough when photographing the goods involved, the scratches could still be seen through **, which shows that the seller did not hide the defects and deliberately caused the buyer to fall into a misunderstanding, and the sale of the goods involved in the case was far lower than the market price, so although the seller constituted a breach of contract, it did not constitute fraud. Eventually, the parties reached a settlement.
Judge's tip
Before selling goods, sellers need to have a comprehensive understanding of the condition of their products, especially in the detailed introduction, they should accurately describe the defects and current status of the goods. When photographing the physical product**, especially the defective part, it must be clear and clear, not deliberately concealed, and the buyer must have a correct understanding of the purchased product, so as not to be sued for "fraud" for falsely describing the state of the product. Similarly, buyers should also fully understand the status of the product before the transaction, ask the seller for product details**, have a correct judgment on the status of the product, take screenshots of the advertised product information, and confirm the relevant product details through chat inquiries and other means, so as to avoid being caught in disputes and time-consuming and labor-intensive.