In recent years, second-hand commodity trading platforms have become increasingly popular, but the people's court of the songjiang district of shanghai has recently concluded a dispute over a contract for the purchase and sale of information networks in the context of second-hand commodity transactions where “seven days of unjustified return” could be required。
Case review
There's a quality problem with a second hand dress
A few days ago, ms. Wang, a seller, sold a second-hand dress on a second-hand trading platform on the internet, and the buyer, ms. Ryu, asked him about the details of the size, size, etc. Of the dress, which ms. Wang answered after ms. Ryu confirmed the purchase and payment。
After receiving the goods, ms. Ryu broke the zipper during her trial dress and concluded that the quality of the zipper was problematic, demanding that the seller “seven days without reason to return the goods”. Ms. Wang, on the other hand, considered that the zipper damage was caused by ms. Ryu's excessive pressure during the trial, which was not a matter of quality。
The parties failed to reach agreement, and ms. Ryu, the buyer, filed a case against the court, arguing that the goods sold by the other party were defective in quality and applying “seven days without reason to return the goods” under article 25 of the consumer protection act. For her part, ms. King, who is not an operator, does not apply to “seven days without reason” when she presents the goods in full, in writing and in photographs, prior to shipment, and the zipper is intact at the time of dispatch and does not incur liability for the obligation to inform。
Court hearings
The songjiang district court found that ms. Wang was a personal seller who occasionally disposed of personal idle items on the platform and was not a profit-making operator, and that the relevant provisions of the consumer's rights protection act and the “seven days of unjustified return” law should not be applied in the present case, but rather the relevant provisions of the civil code concerning contracts of sale and sale。
The zipper was intact in the video of the defendant trying to wear the dress before the delivery, and the plaintiff now claims that there is a quality problem with the zipping and that the burden of proof rests on the plaintiff, in accordance with the principle of “who claims to prove”. The evidence available does not prove that the zipper itself has a quality problem and the plaintiff should bear the consequences of the inability to prove。
The trade in second-hand goods is an expression of agreement between buyers and sellers based on a common understanding of the possible deterioration of quality or depreciation of the goods. The buyer should have a certain tolerance obligation, which could be addressed by repairing or replacing the zipper, even if it had a quality problem, which did not affect the use of the core functions of the commodity and was not sufficient to warrant the discharge of the contract by a fundamental breach. At the hearing, following an inquiry, the defendant voluntarily compensated the plaintiff for a certain amount of money to repair the zipper。
Court decisions
Ultimately, the court dismissed the plaintiff's claim and awarded the defendant 80 yuan in compensation to the plaintiff。
Judge alert
“7 days unjustified return” only for business activities
In second-hand idle trading platforms, operations are mixed with non-business activities, and “seven days without justification” are only for business activities. If the seller is not the operator, but the second-hand seller of the goods, the provisions of the civil code governing the contract of sale shall apply。
Declining product quality and structural ageing are inevitable for second-hand commodities compared to new ones. The second-hand trade in goods is therefore an expression of agreement between buyers and sellers on the basis of a common understanding of the possible deterioration in the quality of the goods。
Second-hand consumption tips:
At the consultation stage, the seller has an obligation to account for the goods and the buyer has the right to ask for details of the goods, and where the seller has done its duty to give reasonable notice, the buyer should make a rational determination as to whether to purchase used goods, including careful identification of the seller's picture of the goods, description of the quality of the product, etc.
(a) to comply fully and in a timely manner with the inspection obligation upon receipt of the goods, so as to avoid “unsettled goods”
When purchasing relatively valuable items, the buyer was advised to keep the evidence, for example by recording the video throughout the opening of boxes after receipt and by ensuring that the transaction was documented from the time of communication to the time of receipt, in order to better safeguard its legitimate interests。
