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In October 2016, because of the renovation of the new home, Ms. Wang of Ninghai had customized the bed, bedside table, dressing table and other furniture in a home store on Taobao. But when the goods were shipped to the home, Ms. Wang discovered that her custom-made leather bed was not made of leather, and the material was not custom-made birch, which was not the same as the online display. Ms. Wang immediately contacted Taobao merchants to request a refund, but was refused by the merchants that the custom furniture could not be returned. Therefore, Ms. Wang sued the Taobao shop to the Ninghai court, requiring the merchant to compensate for the fake one compensation, and also submitted the application for quality appraisal. The results of the appraisal showed that the rim of the bed was not leather, and the frame of the bed was only birch at the end of the bed, and the back part of the bed was not birch.
At the time of the trial, the parties disputed the material of the custom bed. Taobao merchants said that they were marked as leather in accordance with Taobao's "Commodity Material Standard Definition Table", there is no fraud, and the color and material of the leather is also Ms. Wang's own choice. The frame about the bed is introduced in the Taobao product page, and the physical object is consistent with that described in the Taobao page, and there is no subjective malice. Ms. Wang said that as a consumer, the standard of recognition is the national standard and the industry standard. As a relatively professional person, the business should have a clearer understanding of the above criteria, and cannot use the specifications and page descriptions to blur the concept.
After mediation by the court, the merchant voluntarily accepts the return and refunds the purchase price, and compensates Ms. Wang twice the amount of the purchase price. The appraisal fee is also borne by the merchant.
[statement]
The Consumer Protection Law stipulates that if the goods provided by the operator do not meet the quality status indicated by the description of the goods or the physical samples, they shall bear civil liability. Article 55 stipulates that if the operator provides fraudulent acts in goods or services, it shall increase the compensation for the losses suffered by the consumers according to the requirements of the consumers, and increase the amount of compensation to be three times the price of the goods purchased by the consumers or the services received. .
While enjoying the convenience of online shopping, we must not forget the risks that may arise. In this case, Ms. Wang only uses the pictures provided by the merchants to select the materials to customize the products. However, because of the private customization, the customized products can not enjoy the shopping rules of seven days without reason to return the goods on the online platform. passive. Therefore, when purchasing customized products, consumers should make a more careful understanding of the indicators, standards, and standards of materials, colors, and other factors, and confirm whether buyers and sellers are based on the same level of understanding.
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