[Case Review].
In June 2021, Mr. Wan planned to buy an Apple mobile phone online, and when browsing a store, the product page showed "iphone8 brand new national bank**" Mr. Wan asked the merchant if the mobile phone was brand new, and after receiving a positive reply, Mr. Wan immediately placed an order and paid 1,200 yuan, and received an Apple 8 mobile phone three days later. Due to the slow operation of the mobile phone, Mr. Wan entrusted the local Apple official after-sales service to test the mobile phone. After testing, the actual purchase date of the equipment is March 1, 2019, and the place of sale is Japan.
Since then, Mr. Wan has negotiated with the merchant for compensation several times to no avail, so he sued the court in August 2021.
[Hanji Lawyer on Law].
The promotional page of the store operated by the defendant clearly stated the words "iphone8 brand new national bank**", and when the plaintiff asked the defendant whether the mobile phone was brand new, the defendant also replied in the affirmative, causing the plaintiff to make a wrong understanding that the mobile phone was a new mobile phone that had not been used.
Combined with the evidence provided by the plaintiff, it can be determined that the mobile phone sold by the defendant to the plaintiff is not a brand new phone of the Bank of China, and the merchant's behavior has false publicity and fraudulent elements, and the defendant should apply three times the punitive damages and pay the plaintiff 3,600 yuan in compensation.
[Hanji lawyer reminds].
According to the provisions of the Consumer Rights and Interests Protection of the People's Republic of China**, consumers have the right to know the true situation of the goods purchased or used or the services received. At the same time, proprietors shall truthfully and comprehensively provide consumers with information on the quality, performance, use, and expiration date of goods or services, and must not make false or misleading publicity.
When encountering disputes in online shopping, it is necessary to keep relevant evidence materials in a timely manner, such as chat records, transaction vouchers, damages, and negotiation processes between the two parties
Legal Provisions. Consumer Rights and Interests Protection of the People's Republic of China**
Article 55: [Punitive Damages]Where proprietors commit fraud in providing goods or services, they shall increase compensation for the losses they have suffered in accordance with consumers' requests, and the amount of increased compensation is three times the price of the goods purchased by the consumers or the cost of the services they received; Where the amount of increased compensation is less than 500 RMB, it is 500 RMB. Where the law provides otherwise, follow those provisions.
Where proprietors clearly know that the goods or services are defective, but still provide them to consumers, causing death or serious harm to the health of consumers or other victims, the victims have the right to demand that proprietors compensate for losses in accordance with articles 49, 51 and other legal provisions of this Law, and have the right to demand punitive damages of up to twice the losses suffered.