if there is no accident, the famous "Jingdong mall website, recently revised part of online shopping return terms. Because, the second city court recently a final judgment on the site of a special provisions made a format terms, the content is invalid conclusion.
online shopping fans do not have to replace the defective
last July, there are units through the Jingdong mall ordered a 165 yuan fan. After receipt of the goods found defective pole of the electric fan, the fan can not lead to overall installation. When the distance ordering period of about 20 days, the unit put forward your application to the "Jingdong store", but was rejected.
site declined on the grounds: when ordering the electric fan, by itself in the network form, fill in the invoice, written content is "office supplies", instead of the electric fan brand model.
at the same time, provided the homepage below "customer service service" in the column: "we recommend that you will invoice for the goods, otherwise you will not be able to enjoy the normal warranty Product manufacturers or the Jingdong store."". In other words, since the purchase of electric fans do not truthfully write the details of the goods, the site operators have the right not to provide a normal warranty service.
on both sides of the warranty clause differences
want to exchange goods, is a law firm in Shanghai, under the command of a group of civil and commercial law research. We discussed, that Jingdong mall unreasonable, requiring it to not only bear the warranty liability of the electric fan, but also the court finds that the relevant provisions of the site is invalid. "Jingdong mall" explanation, they only need to get the goods list invoice, warranty and other customer service to get support from the supplier, so when the customer shopping advice prior invoice fill, and suggest as this operation may not be able to enjoy normal warranty consequences. Now, it is not open to his law firm invoices, they do hereby provide replacement service, is entirely legitimate according to the. However, the court shall provide fault fan replacement service to the law firm.
law firm is not satisfied, because the first instance is not clear Jingdong mall invalid return terms. So they filed an appeal.
test, verified the invalid provisions of
in the second instance, the judge personally Jingdong mall shopping process was operated. That return terms to be questioned, is the homepage below the "customer service service" to "return" and "special" in the first. The terms and conditions for the development of a specific consumer, and the terms of the content can not be negotiated, the format terms.
judge also found that customers in the shopping, the contents of the invoice can be chosen, which is the Jingdong mall in order to meet the needs of some consumers, such as reimbursement, in particular the establishment of the process. And in accordance with the relevant provisions of the state, the seller should be issued to consumers with the contents of the real shopping vouchers or service documents, "Jingdong"