Consumers Should Ask The Seller To Give Three Times Punitive Damages On The Grounds Of Incomplete Identification Of The Goods Purchased.

According to the world clothing shoes and hats net, Zhang bought 9 26 pieces in Taobao shop.

And the payment is 12740 yuan, after which he bought it.

If the case is not fully brought to court, the seller is required to grant three times punitive damages.

Recently, the intermediate people's Court of Nantong, Jiangsu province made the final judgment of maintaining the first instance on the dispute over the online shopping contract.

There is no fraud in the contract. The defendant Tao Mou and Shi Mou returned the sum of 12740 yuan to Zhang, without compensation.

Shi Mou is a "network red man", drying out all kinds of luxury articles and clothes on the Internet, causing Zhang's concern.

In August 22, 2016, Zhang entered a Taobao shop jointly operated by Shi Mou and Tao Mou, and talked with online chatting to buy clothes. Tao promised seller to support seven days without reason to return the goods. Then Zhang bought the 9 shop 26 clothes and paid 12740 yuan.

Later, Zhang found that there were no factory names, factory sites, executive standards, washing and maintenance methods.

Zhang immediately put forward a return request to Tao Mou on Taobao, Tao agreed to return the goods and told the return address and matters needing attention, but Zhang indicated that he had to retain evidence to safeguard his rights and not to return the goods temporarily.

Subsequently, Zhang proposed that the seller Tao Mou and Shi Mou constituted a fraud, demanded a refund of the loan amount of 12740 yuan and made three times compensation, but the seller thought he did not cheat, and agreed to refund the payment only.

So Zhang submitted a complaint to the seller, Tao Mou and Shi Mou on the Haian County People's court.

In court, Shi Mou and Tao Mou argue that its website has disclosed the relevant information of the clothes sold according to the Taobao online shopping practice, and promised seven days no reason to return the goods. After the first time returned by Zhang, he agreed to return the goods, and there was no intention of fraud or profit making.

The incomplete logo of clothing tag is only a violation of the state administrative regulations, and does not mean that its quality is not qualified.

Zhang did not give evidence to prove that the existence of harmful substances such as excessive clothing, such as violation of the state's mandatory standards for clothing products, and in the sales process if Zhang asked about manufacturers or washing requirements and so on, need to be tagged on the product label information, they will tell the truth, he did not hide any information.

The court of Haian held that Zhang's claim for history and Tao was a fraud, and the evidence of the evidence was Tao Mou's clothes sold to him. There were no factory names, factory sites, enforcement standards, safety categories, ingredients, washing and maintenance methods of the tag on the clothes. Shi Mou and Tao Mou had no doubt about this. But they had already disclosed the relevant information of the clothes according to the practice of Taobao online shop. There was no fraud. The tag was not only an administrative violation; but in the paction, he promised seven days no reason to return it, and Zhang agreed to return it for the first time.

There is no need for factory name, factory address and other necessary information on the clothes hanging tag sold by Shi and Tao.

In this case, Zhang is very advocating for the purchase of clothes based on the fashion of a certain historical group, and is very optimistic about the sale of clothes sold by a certain historical group. It is not because of the fact that Shi Mou, Tao Mou deliberately fabricate facts or conceals the truth that he has made a mistake to buy clothes. The two sides agreed that during the contract process and after buying clothes, Shi Mou and Tao Mou agreed to refund and did not have the intention of making improper profits, which did not conform to the constitutive elements of fraud. Therefore, the court found that the sale of the case did not constitute fraud.

Then sentenced a certain history, Tao Mou refund Zhang Mou loan 12740 yuan.

Zhang refused to accept the appeal.

The central court of Nantong has been judged by the trial.

Judge said.

The identification of fraud should conform to four elements.

Jin Wei, the second instance chief of the case, said that fraud is one of the circumstances in which a contract can be revoked. Fraud is also one of the constitutive requirements of the fifty-fifth punitive damages applicable to the law of the People's Republic of China on the protection of consumers' rights and interests.

For the general consumption area, the constituent elements of punitive damages are the fraudulent acts of providing goods or services by the operators.

The determination of fraud shall be consistent with the sixty-eighth provision of the Supreme People's Court on the implementation of the "general principles of the people's Republic of China" (Trial Implementation). The fraud must have a fictitious fact or concealment of the truth, cause the other party to fall into a wrong understanding, and make the untrue expression of the wrong understanding because of the wrong knowledge. The four elements, that is, one party intentionally tells the other party the false situation, or intentionally conceals the real situation, and induces the other party to make a wrong intention, can be identified as a fraud.

Jin Wei said that in this case, Zhang did not advocate and prove that Shi Mou and Tao Mou made a false description of the goods themselves in the description of their shop, and Zhang's erroneous purchase of clothing because he believed his false description.

Although the logo of the clothes sold by Shimou and Tao Mou does exist incomplete and incomplete disclosure information, the incomplete logo does not necessarily lead to fraud. Zhang claims that the quality of these clothes is "bad", which is also his personal evaluation. There is no evidence related to the inspection report and so on, so he will not support his claim.

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