Lawyer: This is illegal!, After wearing it, group retreat? Merchants crash and post orders, college students engage in online shopping for performance costumes | students | orders
Recently, a netizen claiming to be the owner of an online store, @ Ha * *, posted an article and shared order screenshots, claiming that students from Shanxi University of Commerce purchased about 43 cultural shirts, and it is suspected that 40 students returned them collectively after the performance. The online store owner's post was forwarded by netizens, attracting attention.
The screenshot posted by the online store owner shows that the return address is Shanxi University of Commerce, with a unit price of around 20 yuan and a style of "Red Dragon China".
On June 4th, a reporter from Dahe Daily · Yu Video noticed that the owner of the online store posted a dynamic on May 31st stating that the problem has been resolved. The full text of the dynamic reads: "Thank you for your concern. The teacher in charge of the school has also contacted me and it has been peacefully resolved. Thank you again! Thank you, thank you."
In the comments section, the owner of the online store introduced the process. On the afternoon of May 30th, the online store owner learned that the store had received a large number of returns, and these clothes had traces of being worn or washed, which would affect secondary sales. Immediately, the online store owner tried to contact the student who returned the item, but no one answered the phone. The owner tried to contact the school, but was unable to reach them. Next, the boss contacted a student who had not returned the ticket. The student answered the phone and promised to help contact other students. At 9 pm that evening, the student refunded the clothes to the online store owner and apologized. The online store owner agreed to delete the relevant post and send the clothes back free of charge.
On May 31st, a teacher from Shanxi University of Commerce apologized to the online shop owner, who posted a statement on social media.
At the end of the article, the boss wrote, "I choose to forgive them, and if I know my mistake, I will change it. It's still a good child."
Public information shows that on May 25th and 26th, Shanxi University of Commerce held the 26th Campus Culture and Art Festival Aerobics Competition at the sports stadiums of the two campuses, and the public photos did show a set of dragon patterned costumes.
On June 4th, a journalist from Dahe Daily and Yu Video made multiple public phone calls to Shanxi University of Commerce, but no one answered.
On the internet, many netizens have posted comments.
"Trying on and wearing on are clearly different things! It's not ethical to use them before returning!"
"Why hasn't everyone analyzed whether the merchant's rules are reasonable? It has been exposed multiple times that prostitution is illegal, why hasn't the platform changed the rules? If you promote a seven day no reason return, don't blame others anymore."
"If there is a prerequisite for a seven day no reason return, it does not affect the second sale. Who can I sell clothes that have already been worn?"
"Seven day no reason return."
Is a 7-day no reason return reasonable?
Is there any improper behavior of students pushing and returning orders?
Lawyer Yao Kun from Beijing Kangda Law Firm explained that although clothing was purchased in bulk, students placed separate orders to reduce return losses. The act of placing orders and returning goods separately is not illegal in itself, but rather a violation of platform rules.
Yao Kun stated that the above-mentioned refund behavior may also be suspected of being illegal. He explained that although the law stipulates that operators sell goods through methods such as the internet, television, telephone, and mail order, consumers have the right to return the goods within seven days from the date of receipt, without the need to explain the reason. However, both the Consumer Rights Protection Law of the People's Republic of China and the Measures for the Administration of Online Transactions stipulate that special goods are not eligible for unjustified returns, and the goods returned by consumers should be in good condition. According to the Interim Measures for the Seven Day No Reason Return of Online Purchased Goods, the goods returned by consumers should be in good condition; If the clothing trademark logo is removed or cut, the product is contaminated or damaged, resulting in a significant devaluation of the product value, it is considered that the product is not in good condition. "According to the store owner's description, the clothes purchased by the students have traces of being worn or washed, which has affected secondary sales. If the above description is true, it is obviously not applicable to a 7-day no reason return. The students' above-mentioned return behavior is illegal."
Does the merchant's exposure of order screenshots infringe on student privacy?
In this incident, the merchant exposed screenshots of backend orders, and lawyer Yao Kun believed that the merchant's behavior was inappropriate. Lawyer Yao Kun explained that citizens' privacy rights are protected by law. Even if the student's return behavior is illegal, the shop owner's unauthorized exposure of orders may have violated the student's privacy rights. The exposed orders have hidden the middle characters of their names and phone numbers. However, if the delivery address is marked with specific campuses and colleges, even if the name information is incomplete, it is possible to deduce the specific name of the student, which constitutes an infringement of the student's privacy rights.
Who will bear the postage caused by the refund?
"The shipping cost for returning the goods shall be borne by the consumer; if there is another agreement between the operator and the consumer, according to the agreement: if the buyer has shipping insurance, the insurance company will compensate the buyer for the return shipping cost within 72 hours after the refund is completed." Yao Kun explained.
