TV shopping buy back jade bracelets

TV shopping buy back jade bracelets

Making a phone call and cash on delivery, TV shopping now does bring convenience to consumers. However, due to the objective difficulties in the quality inspection of goods, this type of shopping has caused litigation, return and even litigation disputes on quality issues. . Recently, Yangpu Court concluded a TV shopping dispute case caused by the quality inspection period. Finally, the court judged the consumer to win the case based on the “receipt of goods and the quality of recognition”.

On March 5 this year, Ms. Li purchased a jade bracelet worth 3,280 yuan through a TV shopping website. But after receiving the real thing, she found that the bracelet was not the "perfect" she expected, because of the obvious flaws on the jade, Li The woman has proposed to exchange bracelets on the shopping website four times. Until the fourth time, Ms. Li signed the initial test of the surface, color and price of the bracelet without any problems.

However, when Ms. Li went home after her husband’s method of nail scraping, the bracelet was further inspected and found that there was still a crack in the inner ring of the bracelet. Ms. Li immediately called the shopping website to request a replacement, but the other party said that the inspection period of the bracelet was delivery. At that time, and Ms. Li opened the box and checked the receipt of the bracelet, indicating that the quality of the bracelet has been recognized, so the return request was rejected. In desperation, Ms. Li sued the shopping website and demanded that the bracelet be returned and the sale contract cancelled.

During the trial, the TV shopping website insisted that once the receipt, it means that the consumer has already inspected and recognized the quality of the goods, and Ms. Li believes that the quality of the goods should have a reasonable inspection period after the receipt.

The court held that the jade bracelet involved in this case is not an ordinary necessities. To identify the authenticity of the bracelet, not only requires a certain amount of professional knowledge, but also needs to be observed in front and back, multi-angle under strong transmitted light, and if necessary, With professional equipment. As an ordinary consumer, Ms. Li is limited by her knowledge and skills, as well as the conditions, it is impossible to make a comprehensive inspection at the time of delivery. Ms. Li’s preliminary inspection at the time of receipt was only considered as an inspection of the appearance and quantity of the goods, and the cracks in the inner ring of the bracelet were hidden. Ms. Li was entitled to object to this within a reasonable period after the receipt. After discovering the quality problem, Ms. Li immediately notified the website by phone, only a few hours after the signing time, which was a quality objection within a reasonable time limit for quality inspection. In the end, the court decided to cancel the sale contract, and the TV shopping website refunded Ms. Li’s payment of 3,280 yuan.

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