In October last year, 11-year-old Ni (a pseudonym) carried his family on his back and used his mother’s mobile phone to spend games on the Pinduoduo platform several times. He successively purchased five high-level game accounts with a consumption amount of more than 106,000. yuan.

The exaggeration is that more than 80,000 yuan was paid within half an hour.

  When the family found out, the balance of the bank card bound to the mobile phone was less than 200 yuan.

Later, Xiaoni's family contacted the Pinduoduo platform and the game company that sold the account, hoping to return the money.

But the refund process was not smooth.

According to Xiao Ni's family, "With the help of the platform, only more than 70,000 yuan was refunded." Xiao Ni's family took the game company to court.

On March 24, the case was heard by the Chengdu High-tech Court, and the two parties reached a coordinated opinion, and the game company returned another 10,000 yuan to Xiao Ni’s family.

An 11-year-old boy spends more than 100,000 yuan on a game account

  Have spent 87,800 yuan in half an hour

  On March 24, Uncle Xiao Ni introduced that his nephew Xiao Ni was 11 years old, and the time spent using mobile phones occurred in October last year.

According to my uncle, Nicholas has a good academic performance, and his family members usually allow him to play with his mobile phone when he finishes his homework.

However, Xiao Ni has made dozens of purchases at a game merchant on the Pinduoduo platform through his mother's mobile phone several times.

A total of 4 high-level game accounts were purchased with an amount of more than 106,000 yuan.

  The reporter saw that its consumption amount ranged from a few hundred yuan to 10,000 yuan, and the highest single consumption amount reached more than 15,000 yuan. There were also many consumption records of nearly 10,000 yuan. The time was distributed from October 7 to 10, 2020. During the 27th of the month.

The exaggeration is that according to statistics, he used to consume 10,000 yuan in one minute and 87,800 yuan in half an hour.

Family claims that minors' consumption is invalid

  The merchant agreed to refund another 10,000 yuan

  After discovering the problem, Xiao Ni's family successively prepared payment records and related evidence for each consumption, and filed a complaint with the Pinduoduo platform and the corresponding game company, hoping that the other party could return the funds for Xiao Ni's purchase of the game account.

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  Then, after coordination and processing by the platform, Nicholas returned the game account to the game company, but the game company only refunded more than 78,000 yuan to him.

The reason is that the account has been devalued in the process of circulation, which will also affect the cost of the game company.

But Xiao Ni's family did not agree with this statement, "He is a minor, and this kind of consumption has no legal effect." It is difficult for the two parties to agree, and Xiao Ni's family finally took the game company to court.

  On March 24, Chengdu High-tech Court heard the case.

In court, the game company stated that there is actually no evidence to prove that the consumption behavior of the game account is a minor consumption, so this consumption contract is not invalid, so the game company has reasons not to issue a refund.

In addition, after the game account is recovered, its value will be degraded when the transaction is carried out again, and this kind of loss should not be borne by the game company.

But it said that it can accept mediation under the auspices of the court.

  In the end, after the court trial, under court mediation, the game company promised to refund another 10,000 yuan to Xiao Ni's family, who was willing to bear the possible value depreciation of the game account.

  The judge in this case introduced that according to the provisions of the Civil Code, persons under 8 years of age are incapable of civil conduct, and their consumption behavior should be invalid.

Minors over 8 years old belong to persons with limited capacity for civil conduct, so they can only perform civil legal acts appropriate to their age alone. In the case of ratification or consent, the consumption behavior should be invalid and can be returned.

  Under normal circumstances, online consumption behaviors such as the purchase of game accounts by minors must objectively consider the merchant’s sales costs during sales. After the account is recovered, there will also be re-sale and security maintenance costs. During the period when the minor holds the account, the merchant’s economic Losses should also be recognized.

Therefore, based on the evidence of all parties, the court divides the losses proportionally based on the faults of both parties.

In other words, "minors" may not be able to get a full refund.

  Chengdu Commercial Daily-Red Star News Reporter Du Yuquan