Online transactions where goods don't match descriptions—who oversees secondhand sales?
Compiled from: Shandong High Court, Huancui District Court of Weihai
Case review
In 2021, Xiaoxian wanted to buy a DSLR camera lens as a personal hobby. She later found on a certain online platform that Wang was reselling the same model of camera lens, and the listing stated 'no repairs, no mold, no bumps, no paint peeling,' with a price much lower than the market average. After repeatedly confirming with the seller that the lens was in good condition, Xiaoxian placed an order. Originally excited to unbox the delivery, Xiaoxian was surprised to find that the lens actually had defects! After failing to reach an agreement with the seller Wang, Xiaoxian filed a complaint with the platform's customer service, through which she obtained the seller's personal information and subsequently sued him in the Huancui District People's Court of Weihai City.
The defendant in this case, Wang, resides in Chengdu, Sichuan Province. In view of the pandemic and to reduce the parties' litigation burden, Huancui Court conducted pre-litigation mediation and trial stages via telephone or online contact, communicating with both parties and presiding over mediation and hearings. During the trial, it was found that after Xiaoxian received the lenses, she wiped the lenses with alcohol, causing the defects to worsen. Ultimately, through negotiation, both parties reached a mediation agreement, and the seller Wang refunded Xiaoxian 25% of the payment, which was executed on the spot.
Relevant legal provisions
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Civil Procedure Law
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Article 23
Lawsuits arising from contract disputes shall be under the jurisdiction of the people's court at the defendant's place of residence or the place of contract performance.
Article 20 of the Supreme People's Court Interpretation on the Application of the Civil Procedure Law of the People's Republic of China
For sales contracts concluded through information networks, if the subject matter is delivered via information networks, the place of performance of the contract shall be the domicile of the buyer; if the subject matter is delivered by other means, the place of performance shall be the place of receipt. If the contract specifies the place of performance, the specified place shall prevail.
[1] The author's perspective
There are two points to note in this case: first, the issue of jurisdiction; second, the responsibility allocation between Wang's sale of the lens not matching the description and Xiao Xian's improper behavior of wiping it with alcohol after receiving it, and how this should be determined.
1. Jurisdiction
According to Article 23 of the Civil Procedure Law, this case can be submitted to the people's court where the defendant resides or where the contract is performed. According to Article 20 of the aforementioned "Interpretation," this case is based on a transaction conducted through an online platform, so the buyer's residence is considered the place of contract performance, which is Huancui District, Weihai City, Shandong Province. Therefore, the Huancui Court has jurisdiction.
2. Responsibility Allocation
First, the seller, Wang, concealed the fact that the lens had defects. Later, Xiao Xian wiped the lens with alcohol, which directly caused the defects to worsen. This means that Wang was at fault from the beginning, but Xiao Xian's own actions also contributed to the worsening of the defects, so both parties need to bear responsibility separately. After negotiation between both parties, the seller Wang ultimately refunded Xiao Xian 25% of the payment on the spot as compensation. This outcome not only aligns with the objective facts but also respects the will of both parties and resolves the dispute reasonably and legally.
Finally, I want to say that in today's era of developed online transactions, each of us will become a trader. Whether we are merchants who trade frequently or individuals who occasionally resell idle items, we should all adhere to the principles of honesty, trustworthiness, and fair trading, and maintain the healthy development of the economic market.
