"Not the old cell phone when new packaging it sells, I will eat it!" On March 22, Beijing buyers for discovering new phones while packing sound, body, however, there are many scratches, so she thought it was encountered renovate old cell phones, angrily in WeChat friends sent such a word.

For told reporters over the weekend, rule of law on March 21, her Letv phone flagship store in jingdong proprietary booked Letv (Letv) 1 s crown princess version of the mobile phone, the second day after receiving, found that mobile phone fuselage has several scratches, suspected of second-hand mobile phone, then the contact jingdong mall, apply for refund. Jingdong mall pr told her, you can return within 7 days, and says phone is offered directly by Letv aspects.

On March 24, the rule of law reporters over the weekend on whether the cell phone by Letv offered directly contact Letv interview, by the reporter went to press, however, did not respond to each other.

A new cell phone has several scratches, not just a refurbished machine? In recent years, a netizen has said repeatedly, the jingdong mall to buy the goods such as computer accessories, electronic products, received has been opened or is suspected of using trace "second-hand" products.

Along with the increase in the number of species gradually through the Internet to purchase goods, it also puts forward higher requirements on sales platform: while consumers enjoy convenient online shopping, online sales platform how to guarantee the quality of meet specifications? At the same time, when consumers when shopping online, how to protect their own interests are not violated?

Shoddy is not alone

The rule of law over the weekend the reporter understands, jingdong mall stores are divided into own stores and the independents, own stores need supplier to send the goods to the jingdong mall warehouse, by jingdong mall logistics distribution; Rather than own stores is not through the jingdong warehouse and logistics. Consumers, therefore, the common point of view, is that the quality of the own stores generally higher than the own stores.

For for a weekend reporter contacted the jingdong mall under the rule of law, jingdong mall in introduction, the customer is in jingdong mall Letv of own stores to buy mobile phones, but goods for the manufacturer provides straightly, manufacturers sent to jingdong mall warehouse requirments for the whole goods, mobile phone library for March 20 14:53, March 21, outbound time for her, there is no second-hand.

Reporter discovery, the rule of law weekend for similar situation, many consumers are encountered.

Buyers Li Kun revealed he in December 18, 2015 in jingdong proprietary media official flagship store bought a race (SteelSeries) Sensei mouse, received until after the mouse outer packing worn out, the trace of the seals are torn, foot pastes and USB connection port has a different degree of wear and tear.

Paid for the goods he contact jingdong mall, expressed the hope that can return after photos. Jingdong mall has told him, you can return within 7 days, but does not admit that he is secondhand merchandise they buy.

According to article 16 of the measures for the administration of online transactions, in selling its or his goods, an operator network goods consumers shall have the right to return within 7 days from the date of receipt of the goods, and do not need to explain the reasons.

But Beijing Sun Shuo think Hui scale law firm lawyers, jingdong mall proprietary products after-sales service according to regulation, "seven days without reason return" is not totally without reason, there is a strict limit condition.

"Such as the scratches caused by logistics, jingdong mall rules to deals in personnel after verification, the case can return, judgment and the standard is what? How can you test the scratch is not caused by consumers? The rules are very fuzzy, the platform is likely to have a large operating space." Therefore, Sun Shuo proposal, if to buy mobile phones, laptops and other valuable electronic products, consumer had better be in when the Courier delivery to kaifeng check to see if the goods have surface scratches, if you have, you can choose to refuse to sign for it, so you can to a certain extent, reduce the risk of their own, in order to avoid unnecessary trouble in the future.

Operator assumes the burden of proof

"Whether it will be used when the new goods to sell, or sell defective goods with quality problems, can be shall be investigated for legal responsibility platform." Xi 'an jiaotong university school of law, an associate professor at LouXiao thought.

LouXiao said that if the sale of authentic, brand new goods website to purchase the second-hand goods, the consumer may demand compensation according to article 55 of the new elimination: "operator providing a commodity or service of fraud, shall increase compensate the loss according to the requirements of consumers, to increase the amount of the compensation for consumers to purchase goods price or accept service fee three times, to increase the amount of the compensation of less than five hundred yuan, five hundred yuan."

According to the rule of law to know over the weekend, legal practice, the terms and conditions mentioned in the "fraud", not to the operators have subjective deliberately for the constitutive requirements of fraud consumers, nor on the premise of personal and property losses to consumers.

On March 28, Beijing shangdi, haidian district people's court has just accepted a similar case: consumer Chen in jingdong mall to buy a apple mobile phone, have a quality problem, then Mr. Chen will be Beijing jingdong century information technology co., LTD., appealed to the court, the court, according to a new elimination judgment jingdong company to pay Chen three times, had a total of 10464 yuan.

LouXiao also admits, however, due to the rights of network goods is relatively trouble, many consumers on this issue is general roll with the punches, online sales platform is only required to return, and give up the right to pursue the corresponding legal responsibility.

New elimination under paragraph 3 of article 23 of the regulations, business operators to provide durable goods, consumer within six months from the date of receiving goods found defective, there is a dispute, shall be borne by the operator about the flaws of burden of proof.

LouXiao is introduced, a new elimination greater efforts to protect the legitimate rights and interests of consumers, adding to the operator's obligations -- buyers faulty goods and required by the operator to prove the quality of qualified, change consumer proof difficult predicament.

Sun Shuo think, however, although the new creation of elimination, great efforts to protect the legitimate rights and interests of consumers, but consumers also can't abuse this power: if the trial after the goods, want to return, to ensure that no new mobile phone surface scratch, commodities are very well both inside and outside.

Suggest using qr code to track goods

Fuld profit technology co., LTD., general manager of Beijing Li Yingchun told reporters over the weekend of rule of law, online shopping platform for return goods generally in the form of discounts and again into the market, selling second-hand goods, should make clear product is returned to the factory.

Li Yingchun said: "some vendors in order to save cost, only through the repair or replacement of packing, will reopen to warehouse to deliver goods, the main causes may be secondhand goods into the market."

Platform should be how to guarantee the quality? Jingdong mall told reporters over the weekend, rule of law in terms of jingdong own stores in China merchants and in part, to very strict standards to ensure that in the supplier's quality, at the same time combined several professional inspection agencies, checking all the categories.

Li Yingchun agreed that in order to ensure quality of consumers to buy the qualified products, not only to strictly control the production enterprise access, and more suggest enterprises through the establishment of direct logistics network, reduce the commodity circulation.

"Try to establish direct logistics network, network marketing platform shall be for every product paste qr code label, build commodity by qr code tracking channels." Li Yingchun said, through to the qr code data acquisition, can track goods use, transport, sales process, put an end to selling substandard or second-hand goods online sales platform, at the same time, the qr code can also help consumers to understand, easier to protect their legitimate rights and interests.