[PConline News] In the midst of the e-commerce giant's big promotion, the Zhengzhou High-tech Zone Court Central Court recently heard a case in which the “Express Lost†incident caused a hot debate. According to Zhongyuan.com, on the day of the trial, Yang Linping, head of the first court of the Supreme Court of Civil Procedure, said that consumers’ online shopping goods were taken out by others in the delivery process. According to the principle of contract relativity, the seller should bear the liability for compensation. .
The cause of the incident was when Zhengzhou Citizens bought 4 Apple 5S mobile phones from the seller, and finally they did not wait until the mobile phone came. Then they took up the lawsuit. Coincidentally, at the June 15 ventilation briefing, the Supreme People's Court announced 10 typical cases of consumer rights protection. There was a case involving a consumer who had purchased online goods and was taken by a consumer. The consumer purchased a computer worth 15,000 yuan online. In the courier delivery process, he was taken to the collar and the court decided that the owner of the shop had to compensate the consumer with a computer payment of 15,000 yuan and a mailing fee of 95 yuan.
The legal basis given by the Supreme Law is that the case is based on the principle of contract relativity: According to the principle of contract relativity, the contract only binds the contracting parties, and the courier company misrepresents the goods to others, belonging to the seller and the courier company. Transport relations. The courier company should not be liable for compensation in this case. Therefore, it does not support the consumer's request that the courier company should bear the liability for compensation.
Some consumers think that they are mistaken in the delivery of the courier company, the shop owner did not lose the goods, should be treated according to the principle of who lost the compensation.
But there are also consumers who shout at courier big brothers, think courier delivery is very hard, and finally let people pay big price, which is not fair to the courier.
It seems that everyone is very reasonable. However, the courier's commission is very low, about a piece of money, the difference between the courier company is not large, if it is courier lost, really have a little embarrassing, but if it is not courier, then it should be On the courier brother is not responsible for the sale, the seller is not a bad loss. Everyone looks at it?
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