Brief facts of the case

From March to April 2024, Yang purchased 5 sets of ink cartridges for a certain brand printer at a printing consumables store operated by Li on an online platform, spending 658.56 yuan. In the process of use, Yang found that the ink cartridge delivered by Li was not clearly printed, and the printing effect was rough and blue, which was confirmed to be a fake and shoddy product.

Heard by the courts

After the case was accepted, the presiding judge learned that both parties were in other places, and in order to resolve the conflicts between the two parties in a timely and effective manner and reduce the burden of litigation of the parties, after soliciting the wishes of both parties, decided to organize online mediation between the two parties through the "cloud court".

"Merchants selling goods on online platforms shall ensure that the goods are genuine, and must not sell counterfeit or shoddy goods. If there is fraud in the provision of goods or services by the merchant, according to Article 55 of the Law of the People's Republic of China on the Protection of Consumer Rights and Interests, the consumer has the right to request the merchant to 'refund one and compensate three'. The presiding judge admonished and educated Li, and analyzed the law.

After the undertaking judge explained the stakes and persuaded the two parties many times, the two parties finally reached a settlement agreement, Yang returned 5 sets of printer cartridges of a certain brand sold by Li, and Li agreed to return Yang's payment and compensation totaling 1,500 yuan on the spot.

What the judge said

If you buy counterfeit and shoddy products online, you should communicate and negotiate with the operator and online shopping platform in a timely manner. If it still fails, if the relevant evidence is retained, a lawsuit can be filed with the court to require the merchant to bear the liability for punitive damages in accordance with the law.

"Where to sue for online shopping disputes?" Online shopping disputes can be sued in the court of the place where the merchant is domiciled or where the goods are received. According to Article 492 of the Civil Code of the People's Republic of China, the place where the commitment takes effect is the place where the contract is formed. Where a contract is concluded in the form of a data message, the addressee's principal place of business is the place where the contract is concluded; If there is no principal place of business, its domicile shall be the place where the contract is concluded. Where the parties agree otherwise, follow their agreement.

"What evidence should consumers keep?" Consumers should pay attention to keep the transaction vouchers, product introduction information, chat records with the seller, transaction records, logistics express orders, etc., and at the same time, pay attention to the business information, screenshot real-name authentication information, which is a favorable support for safeguarding legitimate rights and interests in the event of disputes.

This article is transferred from "China Court Network", thank you here!