The disappearing online shop: 16 boxes of nuts were not received on the online shopping, and the shop cancelled the express phone number and became empty
Ms. Cao from Chenzhou, Hunan, paid 1168 yuan for 16 boxes of nuts on Alibaba's 1688 wholesale network, but did not receive the goods when the logistics showed normal conditions.
Subsequently, the seller first indicated that it was reissued and then indicated that it would refund.
While Ms. Cao was waiting to receive the goods, the seller cancelled her company.
A few days ago, Ms. Cao told The Paper (www.thepaper.cn) that she later contacted the 1688 shopping platform, but was told that the platform could not compensate for her losses.
The express company involved, Zhongtong Express, has not yet responded to the authenticity of the aforementioned logistics information.
Ms. Cao told The Paper (www.thepaper.cn) that on February 22, the Beihu Branch of the Chenzhou Public Security Bureau had accepted the deception case.
Zhongtong Express customer service said, “The sender and us are in a cooperative relationship and are monthly settlement customers. Therefore, any missing goods will be directly returned to the seller. It is recommended that the recipient contact the merchant directly.”
No delivery after 10 days of online shopping
On January 3, 2021, Ms. Cao from Chenzhou, Hunan, purchased 16 boxes of Volon Daily Nuts with a total value of 1168 yuan on the e-commerce platform Alibaba 1688 wholesale online. The product store is called Yiwu Xingtan E-commerce Firm.
The logistic records of the platform showed that the seller declared that the product was shipped on the evening of January 3, the waybill number was 75427830307062, and the logistics company was ZTO Express (ZTO). At the same time, the product also generated a logistics number.
On January 4, at 9 o'clock in the morning, the goods were displayed in the Changsha No. 1 warehouse of the Changsha market department for collection, and there was a collection call 15678895628. At 10 o'clock, the express mail showed, "Leaving the Changsha market department has been sent to the Changsha transit department ".
Ms. Cao said that when she saw the logistics information displayed, she was relieved to wait for the delivery.
At the same time, because his father was critically ill, he didn't care much about the express delivery.
Until January 13, Ms. Cao still failed to receive these 16 boxes of nuts.
The Paper noted that, according to the rules of the Alibaba platform, “If you use Alipay to guarantee the transaction, 10 days after the seller’s delivery date, if the buyer does not confirm receipt of the goods and does not apply for a refund after the due date, the system will complete the transaction by default and directly Payment to the seller."
On the evening of January 13, after the platform showed "received", Ms. Cao contacted the store named "Xingtan E-Commerce". The seller replied, "I lost the item, it has been reissued, and I will give it to the new one tomorrow morning. Your single number".
Then Ms. Cao plunged into the funeral of her father, but did not follow up.
On January 21, Ms. Cao received neither the new order number nor the goods.
She contacted the store again and was told, "The customer service is busy, please add the portable V star hua22389, or take a photo by yourself, thank you".
Ms. Cao asked for the tracking number, and was asked "you v send me".
Ms. Cao said that out of trust in the Alibaba platform, she did not add the other party's WeChat private chat, and insisted on communicating and appealing on Alibaba.
On January 30, Ms. Cao asked the seller for a refund and was told that "it will be automatically refunded to your Alipay, rest assured".
On February 2, the seller stated that "it will be on your Alipay before February 8."
On February 19, Ms. Cao contacted the seller again on Alibaba, but found that the "please refund" message she sent was still displayed as "unread".
Up to now, Ms. Cao still has not received any reissued goods or refunds from the seller.
Zhongtong Logistics information shows that the item is still "in transit and takes 52 days."
Express mobile phone vacant number, seller company cancellation
The Paper called Ms. Cao’s number for the logistics information and found that it was a number in Nanning, Guangxi and not in Changsha, Hunan, where the goods were sent. At the same time, this number was empty.
Ms. Cao communicated with Zhongtong Express Company, and the other party said, "Our company has verified that it has not found the lost, and will pay the merchant according to the contract; our company has notified the merchant to contact you for after-sales reissuance or refund, and our company has notified the merchant to contact You handle it."
Xu Gufeng, the senior legal counsel of a company in Hunan, told The Paper that if a piece is lost due to express delivery, the express will pay the seller.
Based on the relativity of the contract, the express only has a contractual relationship with the seller, and does not pay the buyer.
Liu Zhijiang, a lawyer from Hunan Gangwei Law Firm, believes that according to Article 512 of the Civil Code, the subject matter of an electronic contract concluded through the Internet and other information networks is the delivery of goods by express logistics, and the consignee’s The signing time is the delivery time.
According to Article 604 of the Civil Code, the risk of damage or loss of the subject matter shall be borne by the seller before the delivery of the subject matter and by the buyer after the delivery, unless otherwise provided by law or agreed upon by the parties In this case, Ms. Cao automatically signed for the goods without receiving the goods, and the seller should bear the burden of proof for Ms. Cao’s signing of the goods, and the seller did not provide proof of receipt of the goods signed by the consignee, and the buyer was deemed to have not Sign for.
However, Ms. Cao was unable to contact the buyer, Xingtan E-Commerce.
Ms. Cao tried to add the WeChat ID hua22389 left by the merchant, but it could not be added.
According to the Tianyan check information, Yiwu Xingtan e-commerce firm is a self-employed self-employed registered by natural person "Tang Bo" on June 29, 2018. The address is Room 201, No. 3, Building 56, Shankou Village, Jiangdong Street, Jiangdong Street, Jinhua City, Zhejiang Province , The company’s contact number is 18473886272. On February 25, The Paper dialed the number and found that the number belongs to Loudi, Hunan, and it was displayed as an empty number.
The business registration information also showed that the merchant "Yiwu Xingtan E-commerce Commercial Bank" was displayed as "Cancelled", and the cancellation was approved on January 13, 2021. It was the day when Ms. Cao was informed by the merchant that the goods were lost and will be reissued. time.
Ms. Cao suspects that this piece of logistics information showing that it has been shipped but the courier cannot be contacted may also be fictitious.
She contacted ZTO Express many times, but so far, ZTO has not given her a reply.
The Paper contacted the customer service of Zhongtong Express. The other party did not give a reasonable explanation for the delivery of Ms. Cao’s "on the way, which took 52 days", but only said, "The sender and us are a cooperative relationship and a monthly settlement customer, so Lost goods will be directly returned to the seller. It is recommended that the recipient contact the merchant directly for handling."
Who is responsible for the loss of consumers?
Ms. Cao then contacted Alibaba to request a refund. On February 19, Alibaba responded to her, "The store has been removed from the store," but Alibaba cannot give Ms. Cao a refund.
The reason is, "The transaction is an after-sale transaction, and the money is not on the platform. She is advised to seek judicial protection for her rights." Alibaba did not provide Ms. Cao with a phone number to contact the store.
When The Paper contacted Alibaba customer service about Ms. Cao’s experience, she was told, “The merchant did not cooperate with the processing and did not pay the deposit, so the platform was unable to refund Ms. Cao. In the past, the merchant voluntarily paid the deposit, but as problems emerged, From August 6, 2020, the deposit has become a must for merchants to settle in, and it is divided into 3000, 5000, and 10000 yuan according to different business contents."
Lawyers Xu Gufeng and Liu Zhijiang both believe that according to Article 27 of the E-Commerce Law, e-commerce platform operators should require operators who apply to enter the platform to sell goods or provide services to submit their identity, address, contact information, administrative license and other truthful information. Information, verify and register, establish registration files, and verify and update regularly.
After the buyer automatically receives the goods, the payment has entered the seller's account, and the platform has no right to force the seller to refund; but the platform is obliged to provide the seller's basic information. If it refuses to provide it, it can be listed as a co-defendant together with the seller.
"Whether the store pays the deposit to the platform is not directly related to this case. Even if the deposit is not paid, the platform still needs to provide the buyer with seller information." Xu Gufeng said.
Lawyer Liu Zhijiang believes that the platform, as the regulator of online transactions, should perform corresponding regulatory responsibilities in accordance with the law.
Article 44 of the Consumer Rights Protection Law stipulates that consumers who purchase goods or receive services through online trading platforms and whose lawful rights and interests are harmed may claim compensation from the seller or service provider.
If the online trading platform provider is unable to provide the real name, address and effective contact information of the seller or service provider, consumers can also demand compensation from the online trading platform provider; the online trading platform provider makes a promise that is more beneficial to consumers , The promise should be fulfilled.
After the online trading platform provider pays compensation, it has the right to recover compensation from the seller or service provider.
It is illegal for the platform to not provide the basic information of the business.
Ms. Cao turned to the police to report the case. On February 22, the case of Ms. Cao's deception was accepted by the Xiameiqiao Police Station of the Beihu Branch of the Public Security Bureau of Chenzhou City.
The Paper, intern Li Rong, reporter Zhuang An