Consumers have the right to 1+1 claims to the platform or merchant

Absrtact: July 29 News, yesterday, there are media exposure to the United States excellent products, Beijing-east and many other electric platform appeared in the third party business sales leave, causing an uproar in the industry. In this case, the platform and Third-party businesses to bear the legal liability and related laws

July 29 News, yesterday, there are media exposure to the United States excellent products, Beijing-east and many other electric platform appeared in the third party business sales leave, causing an uproar in the industry. In this case, the platform and Third-party businesses to bear the legal responsibility and related legal issues, billion power network consulting Anjin law firm lawyer Du Zhenping.

Du Zhenping that, once the third party business is verified, Poly-Mei excellent products, Beijing-east and other platform operators to bear joint and several liability. Because consumers in the electric business platform shopping, directly facing the platform business. So the platform trader must fulfill the examination duty. On the platform of the business sale of fake behavior, consumers have the right to the platform to investigate the full liability of the contractor.

At the same time, the sale of the third party business needs to bear the ultimate responsibility for the sale, and to bear the full liability for consumers. Du Zhenping pointed out that if Taiwan businessmen have already given compensation to consumers, Taiwanese businessmen have the right to pursue compensation from third parties.

Billion power network to view the latest "Consumer Rights and Interests Protection Act", on the third party business selling leave applicable to the 49th article clearly stipulates: "The operator to provide goods or services fraud, should be in accordance with the requirements of consumers to increase compensation for its losses, An increase in the amount of compensation is one times the price of a consumer's purchase of a commodity or the cost of receiving a service. "So after the sale of false facts, the consumer has the right to demand 1+1 compensation from a third party merchant or platform provider."

On the process of safeguarding rights, Du Zhenping stressed that in order to protect their rights and interests, consumers can first of their own to third-party businesses or platform to make claims and related sales of false evidence. If not handled well, consumers can defend themselves by complaining to the association or suing the court. By legal means, consumers need to prepare two evidence: the two sides to establish the relationship between the sale of evidence, the quality of goods to prove the problem of evidence.

"Evidence, such as invoices, can be used as evidence to establish a trading relationship between the parties, and such evidence is more readily available." The proof of the quality of goods may have to rely on Third-party quality certification agencies issued vouchers. "said Du Zhenping.

It is reported that the electric business platform will be targeted at the merchants to do a certain degree of scrutiny. BEIJING-east said that since 2014, the BoE has been increasing the level of sampling of platform merchandise, weekly sampling of not less than three times, and sampling coverage of all categories.

Some insiders pointed out that the electricity business platform on the Third-party merchants may reach the million-level, the supervision of Third-party businesses is also increasingly difficult.

In this regard, Du Zhenping lawyers believe that to avoid the risk of the sale, the platform needs to strengthen advance prevention, improve on the goods and the brand audit, strengthen the supervision of businesses. Once a third party business is sold on leave, the Taiwanese businessmen and the third party should make a clear and timely compensation liability to avoid the loss caused by compensation.

Yesterday, media reports, a supplier of Cheung Peng Heng Industry through a number of electric platform sales of counterfeit low-cost luxury goods, these electric business platform, including Poly-Mei excellent products, Jingdong, shop 1th. Poly-Mei and Beijing East have issued a separate statement, said that the relevant shops have been closed, did not mention how to compensate the problem. This incident caused the industry for the electric business platform in the third party to sell fake events should be responsible for the hot discussion.