I bought colorful pendants in the live broadcast room, but found flaws and scratches after receiving the goods. The consumer applied for a refund of the goods at the first time, but was sued by the merchant to the court. Recently, the Beijing Internet Court concluded a case in which a merchant v. Mr. Wang and the e-commerce platform information network sales contract dispute, and finally decided that the merchant lost the case. The judge reminded consumers that when ordering valuables in the live broadcast room, they should have a sense of screening and deposit certificates, and don’t get lost in various "beauty filters".
Data map jewelry e-commerce live broadcast (Source: Southern Network)
The plaintiff’s company opened a live broadcast room on an e-commerce platform to sell colorful pendants, and the live broadcast pictures and playback pictures showed that the pendants were intact and flawless. In February 2021, Mr. Wang, a consumer, placed an order to buy a pendant after watching the live broadcast, and paid 50,000 yuan. After receiving the goods, Mr. Wang found that a sapphire on the pendant had scratches, and immediately initiated a refund on the platform, and the platform immediately frozen the payment.
The plaintiff’s company believes that before the delivery of the goods, the details of the goods have been fully displayed to the defendant Mr. Wang through videos and pictures, and there are no cracks or flaws. Therefore, the plaintiff believes that the goods are qualified goods and there is no breach of contract, so he appealed to the court and requested that the defendant Mr. Wang and the e-commerce platform perform the contract and pay the purchase price.
The defendant, Mr. Wang, argued that there was no crack in the live video because there was a filter in the live video and the crack needed to be enlarged to see clearly. Mr. Wang said that he found the goods defective after receiving the goods, and he sent the photos of the pendants he received to the plaintiff in the first time according to the normal process, and marked them with scratches. The plaintiff failed to deliver the goods as agreed in the contract, and requested the court to reject all the plaintiff’s claims according to law.
The Beijing Internet Court held that the defendant, Mr. Wang, bought the pendant involved in the case in an online shop of the plaintiff’s company and paid for it. All parties recognized that there was a sales contract relationship, which meant that it was true, legal and valid. Therefore, the online shopping contract relationship between the two parties was established and should be performed according to the contract. Although neither the live video of the pendant involved nor the video sent by the plaintiff to the defendant can see that there are cracks on the gem of the pendant involved, the video shows the pendant in a normal picture and has not been enlarged. The gem with cracks in this case is small in size, with a diameter of only 5 mm. It cannot be ruled out that cracks cannot be seen in live broadcast and video due to angle and screen size problems. After enlarging the photo of the pendant submitted by the defendant Mr. Wang, it can be seen that there is indeed a crack in one of the sapphires.
To sum up, the defendant Mr. Wang has paid the corresponding payment for the relevant order (the payment has been frozen by the platform due to disputes between the two parties), but the plaintiff’s company failed to deliver the goods as agreed. Therefore, in the case that the plaintiff failed to deliver the agreed goods and there was a dispute between the buyer and the seller, the court refused to support the plaintiff’s claim for the defendant to pay for the goods, and decided to reject all the claims of the plaintiff’s company. At present, the judgment of this case has come into effect.
The presiding judge of this case said that online shopping is different from the traditional shopping mode in terms of transaction subject identification, contract conclusion, commodity delivery, price delivery, after-sales service and dispute resolution. In recent years, there has been a wave of jewelry and jade articles in live shopping. Consumers should have a sense of identification and deposit certificates when they watch online live orders for valuables. Before buying, they should carefully ask about the details of the goods, such as pre-sales quality assurance, after-sales guarantee, conditions and scope of returning and exchanging goods, and keep live video, playback and chat records in time. Once there is a problem with the goods, consumers should communicate with the store sellers at the first time and negotiate the after-sales treatment. If it cannot be resolved, both parties can apply for platform intervention or seek the help of market supervision departments and consumer protection committees, and if necessary, they can safeguard their legitimate rights and interests through judicial means.
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