With the popularization of the Internet, online shopping has become one of the mainstream consumption methods. However, when enjoying the convenience of online shopping, disputes will inevitably arise. Recently, the First Civil Division of the Qianxi Court mediated a dispute over the liability of the product seller through the Internet trial platform.
On June 17, 2022, the plaintiff Liu Moumou purchased an electric shaver product sold by the defendant Ningbo company through the direct platform of Tao Factory, and the plaintiff suddenly injured the plaintiff's left eye with the razor during the charging process. The conflict between the two parties intensified, and the plaintiff and the defendant respectively applied for appraisals on the quality of the products and the level of disability, and this court entrusted the corresponding appraisal agency to conduct an appraisal of the parties' applications in accordance with the law based on the applications of both parties. At the same time, in order to solve the problem in a timely manner and promote reconciliation between the two parties, we communicated with both parties through **, WeChat and other means many times, and finally facilitated the two parties to reach a consensus on mediation. In order to facilitate the litigation of the parties, the mediation record was signed through the Internet trial platform, and the defendant fulfilled the compensation of 430,000 yuan.
After many consumers have disputes over online shopping, most of them choose platform complaints to protect their rights because of the small number of subjects involved, or the identity of the defendant is difficult to determine, or they do not understand the process of court litigation, and are reluctant to sue in court. So, if consumers want to file a lawsuit when they have an online shopping dispute, what should they prepare for and how to prepare?
First, determine the subject of the defendant.
When a store enters a major online shopping platform, the platform will basically require the submission of relevant information of identity information, so in the event of a dispute, you can ask the customer service for the specific information of the store, or inquire with the public security organ or the industrial and commercial department in accordance with the statutory conditions.
Second, determine the competent court.
Where a lawsuit is filed for property or personal injury to others due to substandard product or service quality, the people's court at the place where the product is manufactured, the place where the product is sold, the place where the service is provided, the place where the infringement is committed, and the place where the defendant is domiciled has jurisdiction. A lawsuit for infringement filed by a consumer due to product quality issues may be subject to the jurisdiction of the court at the place where the infringement occurred.
Third, pay attention to the collection of evidence.
The first is evidence to prove that the original defendant has a sales relationship. Including specific information of goods sold, online transaction chat records, order information, etc.;The second is evidence to prove the performance of the contract. Including the consumer's payment history, the seller's shipping notice, logistics information, etc.;The third is evidence to prove the existence of quality problems and infringement of the product. Including the physical product, the scene of the infringement** or witnesses at the time of the infringement, etc. In the process of online shopping, in addition to carefully understanding the seller's credit, product attributes and buyer evaluations and other information, it is also necessary to pay attention to the legal provisions on the online shopping platform, and pay attention to keeping transaction records, chat records, shopping invoices, express documents, warranty cards and other related materials, so as to be prepared, and when you have to resolve disputes through litigation, you can have a reasonable basis.