In December last year, Mr. Zhang, who lives in Xingtai, Hebei Province, spent 600 yuan on a second-hand trading platform to buy a newer electric car with "normal functions" and a new one, but he did not expect that there were many product quality problems after using it for a week.
When I first rode it, I found that the speed was very slow, and I saw that there was a problem with the converter; After two days of riding, the rear tire fell off directly, and it turned out to be glued; After making up for it, I rode it again, but the battery couldn't be charged again. I want to contact the return and exchange, but the customer service has not replied, and the platform ** can't get through, and I will never buy anything on the second-hand platform in the future. Mr. Zhang said.
In January this year, Ms. Lin in Chaoyang District, Beijing, bought a luxury bag for more than 9,000 yuan on a second-hand trading platform, but went to an inspection agency to test it and found it to be a fake.
At that time, the product detail page clearly stated that it was a certain brand of bag, plus the trust platform, I looked at the style ** are suitable to place an order, and then my girlfriend reminded me that the logo of my bag looks a little different from the official, let me pay attention to not to be fake, and the result is really fake. I took the test report to customer service, but the other party didn't solve the problem for me at all. Ms. Lin said. 
Comics: Gao Yue
In life, some people think that a brand new object is too expensive and want to find a second-hand one; Some people think that there is no place to put the old things at home, and they want to change the things to the main home, and by the way, they can cash back some capital. From second-hand houses and second-hand cars to second-hand toys and second-hand clothes, buying and selling idle items has become a lifestyle for many people. It is understood that the number of users of Xianyu on the second-hand trading platform has exceeded 500 million, and the number of ** commodities has exceeded 1 billion.
At the same time as the second-hand market is hot, bad merchants are shoddy, real and fake mixed sales and other phenomena emerge in an endless stream, in a third-party complaint platform through keyword search, you can find tens of thousands of second-hand goods complaints related to "fake" and "quality problems". Solving the pain points of second-hand transactions and buying low-priced, high-quality goods has become the common voice of many consumers.
There are many fakes and many quality problems.
Some platforms are suspected of acquiescing in the sale of counterfeits.
In August last year, Ms. Li from Huizhou, Guangdong Province, bought an Apple mobile phone on a second-hand trading platform, and the price was more than 2,000 yuan cheaper than the same mobile phone in the second-hand market.
The seller said that because of the nature of the work, he couldn't use the Apple mobile phone, so he wanted to sell it, I checked the serial number of the mobile phone and found that there was no problem, and the warranty period was nearly 200 days, plus it was really cheap, so I placed an order. When I received the goods, I recorded the unboxing**, and when I opened the phone, I saw that it was obviously fake. Ms. Li said, "After I submitted all the evidence, the platform supported me to return the goods for a refund, but the other party refused to receive the goods for various reasons, and finally returned the money to me after the platform intervened and coordinated." ”
Similar cases of buying counterfeit goods on second-hand trading platforms are not uncommon.
In January this year, Mr. Liu from Nanjing, Jiangsu Province, bought a vivo brand mobile phone charger, and after receiving the goods, he found that it was a miscellaneous brand charger.
The seller's description and **display are all original vivo mobile phone chargers that have been used, and after buying them, they found that they were chargers of other brands, and I wanted to buy second-hand genuine goods, but they sent them brand new fakes. This seller is still a merchant recognized by the platform, and his reputation is quite high, but he didn't expect it to be unreliable. Mr. Liu said.
In the investigation, the reporter found that the second-hand trading market is full of all kinds of fakes, and consumers are easy to be fooled if they are not careful. According to the "Second-hand Trading Platform Consumer Survey Report" previously released by the Jiangsu Provincial Consumer Protection Commission, more than 93% of consumers said that they encountered various problems in second-hand transactions. The most serious is the use of fakes to pass off as second-hand goods, and some platforms are even suspected of acquiescing in the sale of fakes, and the trading rules are in vain.
In addition to the abundance of fakes, even if you buy ** on the second-hand trading platform, the quality is sometimes difficult to guarantee.
In September last year, Mr. Wang in Hebei District, Tianjin City, spent 1,300 yuan to buy a second-hand mobile phone, but after using it for one month, it suddenly couldn't be charged, and it couldn't be charged normally not long after repair. "I asked the merchant for a full refund, and the other party said that I could only refund half of it, on the grounds that the seven-day no-reason refund period had passed. After the platform negotiated from it, the merchant finally agreed to refund 900 yuan. Mr. Wang said.
At the beginning of January this year, Ms. Xu from Liuzhou, Guangxi Province, was going to Harbin, Heilongjiang Province to have a round of fun, so she went to the second-hand trading platform to find a down jacket.
I bought a down jacket that sells more than 500 yuan in a shopping mall, and the second-hand platform price is 300 yuan, which I think is quite reasonable, but after receiving the goods, I found that only the sleeves were a little down, and the body was not a little down, and the quality and first-hand goods were very different. I communicated with the merchant that night, but the other party ignored me. After the platform intervened, the merchant contacted me, but refused to return the goods for a refund, and mocked that if you think about what down jacket you can buy for 300 yuan, you should know that there is a problem with it when you buy it. ”
Some platforms are not well supervised.
It is difficult for consumers to protect their rights, and it is difficult to suffer dumb losses
53 degrees Feitian Moutai 500ml, 6 bottles in the whole box, as long as 298 yuan, can pass NFC anti-counterfeiting, gifts are prepared in advance! ”
Two bottles are only 370 yuan, Wuliangye 1618 strong aroma liquor 52 degrees classic 500ml bottle, the taste is soft and not on the top, and the workmanship is exquisite! This ** knows how to come, it can be single or double or full box! ”
The reporter searched for "liquor" as a keyword on the second-hand platform, and a large number of "high-quality and inexpensive" big-name drinks popped up. In fact, the daily sales of a single bottle of these famous wines are more than 1,000 yuan, even if they are second-hand, they are not low.
In the process of communicating with the merchant, the other party made it clear that this is not ** but an imitation, and even the production date of the wine can be customized, and the *** on the wine bottle is also scanned out to show that it is**, but it cannot pass the official website inspection.
A brand-new second-hand Rolex watch worth tens of thousands of yuan costs only more than 200 yuan, and a global limited brand bag costs only 300 yuan ......In the investigation, the reporter found that not only famous wine, but also luxury goods such as famous bags and watches also have a large number of genuine goods and fake goods.
It is worth noting that these imitations will appear in the front position when searching, and the merchants who sell high imitations never shy away from selling imitations in the chat, and some even posted their social accounts as fakes on the storefront promotional page, saying that they have never encountered any platform review problems for more than two years.
Do you want any Feitian bottles in 2001?", "I have several five-star Moutai empty bottles with boxes, and I want to contact them", "Moutai and Wuliangye wine, with anti-counterfeiting can be checked, who wants to contact me" ......In addition to selling imitations, on some second-hand trading platforms, the business of empty wine bottles is very prosperous, and some goods have just been put on the shelves and received a large number of inquiry messages. In addition to empty wine bottles, empty bottles of various big-name cosmetics are also very popular. In this regard, many users in the product message area suspect that the empty bottle may be used for counterfeiting.
Why are products on second-hand platforms prone to various problems?
Liu Dong, a lawyer at Beijing Yinghe Law Firm, told reporters that in second-hand transactions, the information asymmetry between sellers and buyers is more serious. Sellers often know more about their own ** goods, while buyers can only judge the authenticity and quality of goods through the seller's description and **, which leads to some unscrupulous sellers having the opportunity to sell fake or low-quality goods. However, many second-hand trading platforms have not established an effective regulatory mechanism or the supervision is insufficient, so that some unscrupulous merchants can easily publish false product information and even sell fake goods.
In October 2023, Ms. Wen from Nanchong, Sichuan Province, bought a second-hand bag for 1,200 yuan on a second-hand trading platform. During the product display and chat, the merchant said that the bag only had one flaw on the back. But after Ms. Wen received the goods, she found that there were scratches, damages and other flaws on the shoulder strap and interior of the bag, which was not at all as advertised by the merchant, so she applied for a return, but the seller did not pass, and the platform determined that the seller had no problem, and the system automatically received the goods and sent the money to the seller.
Subsequently, Ms. Wen appealed, but the customer service still rejected the application on the grounds that the courier had signed for the delivery normally, and there was no evidence to prove that the defects on the package were caused by the buyer before receiving the goods.
I chose to refuse the express delivery, and I also uploaded the unpacking** as evidence, but I did not confirm the receipt, why did the platform automatically help me confirm the receipt? The merchant obviously has false publicity, and I have also provided evidence, why does the platform just care? This series of operations is simply an overlord behavior. Ms. Wen was puzzled and angry.
If there is a problem with the second-hand goods I bought, why is it so difficult to protect my rights?
Rao Wei, deputy director of the Consumer Rights and Interests Professional Committee of the Beijing Lawyers Association and senior partner of Beijing Tiantai Law Firm, said that second-hand goods are inconvenient to use, whether it is due to product quality problems or natural wear and tear of products, which is more difficult to identify than brand new products. As a consumer, if you want to protect your rights, you need to identify the product, and only after you have the appraisal results can you communicate with the merchant about rights protection, but you need consumers to spend energy to find an appraisal agency, and spend money and time waiting for the appraisal results, and the cost is often higher than that of second-hand products. If the product is not too high, many consumers can only choose to eat "dumb loss".
Liu Dong said: "Many second-hand trading platforms have not established effective channels for complaints and rights protection, or the channels are not smooth enough, making it difficult for consumers to find quick and effective solutions when they encounter problems." In second-hand transactions, it is difficult for consumers to defend their rights if the merchant refuses to admit that there is a problem with the product or does not provide a reasonable solution. Merchants are one of the main revenues of the platform**, and some platforms often favor merchants when disputes arise between merchants and buyers, and shirk or ignore consumers' complaints and rights protection needs. ”
Clarify the regulatory responsibilities of the compacting platform.
Provide smooth and convenient channels for rights protection.
When a buyer thinks they have bought a fake or feels that there is something wrong with the product, who should bear the burden of proof? Should the seller be required to provide ** proof, or should the buyer be required to issue an appraisal report?
In this regard, Zhu Xiaojuan, associate professor of China University of Political Science and Law and director and deputy secretary-general of the Commercial Law Research Association of China Law Society, believes that it is necessary to distinguish between old goods and new goods with the coat of old goods and deal with them differently. If it is a new item, the seller should be asked to provide ** proof; If it is a used item, requiring the seller to provide ** certificate will increase the burden, and the buyer can be required to issue an appraisal report, and the characteristics of the second-hand item should also be considered in the acceptance of the appraisal report.
Rao Wei believes that if it is impossible to determine whether it is a fake, the platform should disclose the seller's information to the buyer, and the buyer and seller should negotiate and entrust a third party to conduct the appraisal. In this case, if the buyer claims against the seller, the platform shall cooperate in providing the identity information of the seller. If there is evidence that the quality of the goods is defective or simply fake, and the platform refuses to provide or fails to provide the identity information of the seller, it shall be jointly and severally liable with the seller.
Whether the quality of the goods on the second-hand platform is caused by counterfeit goods or the goods have been used before, sometimes it is necessary to distinguish in advance before further determining responsibility. Rao Wei said.
How to crack down on shoddy and fake behaviors on second-hand platforms, so as to protect the legitimate rights and interests of consumers?
Liu Dong suggested that the first and relevant regulatory authorities should strengthen the supervision and law enforcement of second-hand trading platforms, crack down on violations, and establish and improve relevant laws and regulations to provide legal protection for the standardized development of the second-hand trading market. The platform should establish a strict seller review mechanism, conduct real-name authentication, qualification review and credit assessment for sellers, and ensure the authenticity and reliability of seller information. At the same time, the platform should conduct regular reviews of sellers and clean up unqualified sellers in a timely manner. Consumers themselves should look at second-hand trading behaviors rationally, and enhance their ability to distinguish and risk awareness. Platforms should establish a sound complaint and rights protection mechanism to provide consumers with convenient channels for complaints and rights protection. Platforms should handle consumer complaints and applications for rights protection in a timely manner, and safeguard the legitimate rights and interests of consumers.
The relevant laws and regulations of second-hand trading platforms should be further revised and improved, and the legality and regulatory responsibilities of second-hand transactions should be clarified. Increase the punishment for violations and increase the cost of violations. Acts such as making and selling counterfeit goods should be severely punished in accordance with the law to play a deterrent role. At the same time, the illegal sellers should be blacklisted and publicized to the public to maintain market order. Provide legal support to consumers through legislation to regulate the development of second-hand trading platforms. Liu Dong said.
Author: Rule of Law**Quan**Reporter: Zhang Shoukun.
*Rule of law**.
Edited by Chang Yuewang.