#Laogao E-commerce Online Information# On May 13, 2016, Mr. Fan purchased four JD self-operated Zenith watches from JD.com in three orders, with a total price of more than 147,000 yuan. When purchasing, the product description on the web page showed that the material of the watch mirror was sapphire crystal, but after receiving the product, Mr. Fan found that the warranty card of the product manual stated that the material of the watch was sapphire crystal glass. Mr. Fan sent his watch to the Jewelry and Jade Inspection Center of the China Federation of Industry and Commerce for testing, and the test result was artificially synthesized sapphire. Mr. Fan believes that the publicity of JD.com website constitutes fraud, so he sued JD.com E-commerce Company in court, demanding the refund of the goods, compensation for the inspection fee and asking for three times the compensation.
Mr. Fan bought JD.com self-operated products from JD.com. After a dispute arose, he sued Beijing JD.com Sanbailushidu E-Commerce Co., Ltd. to court. However, in the lawsuit, he learned that the seller of "JD.com self-operated" was not JD.com e-commerce company, and the court ruled to dismiss the lawsuit.
However, what Mr. Fan did not expect was that JD.com’s self-operated products were not sold by JD.com’s e-commerce company. During the trial, JD E-commerce Company argued that the two parties did not have a sales contract relationship. Although the products involved were self-operated by JD.com, the company only provides an online trading platform and has not participated in the sales.
After trial, the court found that the owner of JD Mall website (www.jd.com) was JD E-commerce Company. The company has signed a "Platform Service Agreement" with Tianjin Jingdong Hairong Trading Co., Ltd. (hereinafter referred to as Jingdong Hairong Company), which stipulates that Jingdong Hairong Company voluntarily applies to JD E-commerce Company for the use of an online trading platform. JD E-commerce Company only provides platform services for product information display, does not engage in product trading matters, and is not responsible for product trading matters.
During the trial, JD E-commerce Company submitted three electronic invoices, which showed that the seller was JD Hairong Company. The court held that the sales entity of JD self-operated goods purchased by Mr. Fan was JD Hairong Company, and JD E-commerce Company was only the owner of the online trading platform. It has publicized the seller's real name, address and valid contact information through electronic invoices. The invoices for Mr. Fan's purchase of products are all indicated that they have issued, and it can be determined that he is aware of the seller of the goods. There is no evidence to prove that JD E-commerce Company knows or should know that the seller uses its platform to infringe on the legitimate rights and interests of consumers, so Mr. Fan should claim compensation from JD Hairong Company, which is not a qualified defendant. At the end of October 2016, Chaoyang Court ruled in the first instance to dismiss Mr. Fan's prosecution. After the verdict was announced, neither party appealed.
During the trial of the case, JD E-commerce Company once told the court that the "self-operated" is self-operated by JD Group rather than self-operated by JD Mall. The specific sales entity is determined by JD Group based on the specific order situation, that is, based on the consumer's area, commodity inventory, etc., JD Group decides the invoice entity and the delivery company entity.
In response to the above situation, the court held that the vagueness of the sales entity would infringe on consumers' right to know. Under the current sales model, consumers can only know the true situation of the seller of self-operated goods by applying for invoices. This disclosure method has obvious flaws, which can easily mislead consumers. When a dispute occurs, it is also easy to make mistakes in the prosecution entity, resulting in waste of judicial resources.
Thank you for your attention and support to Laogao Crown Club . Please indicate the source for reprinting by Xuanming Network www.shxuanming.net
EN
CN
