After discovering that the soaps purchased on Jingdong's self-operated website were significantly lighter than counter products, Mr. Lu, who lives in Hangzhou, chose a long road to rights protection: from dealing with e-commerce customer service, complaining to the industrial and commercial department, and suing Jingdong to court. After winning the appeal, the other party appealed and the second instance finally held the original verdict. It took more than one year before and after.
On May 31st, the Hangzhou Intermediate People's Court finalized its judgment that Jingdong failed to provide the true and comprehensive information of the product, misled consumers into making wrong purchases, constituted fraud, and supported all of Mr. Lu's demands: Returning shopping fees 4620 Yuan, and pay three times the compensation 13,860 yuan.
Recently, Mr. Lu told reporters about this endless stream of rights protection. His experience may be able to tell us that an ordinary consumer can also safeguard his own rights through proper channels.
Mr. Lu purchased soap for face wash, the Chinese mark for the outer packaging was 100g, the English mark was printed on the inner packaging, and it was only 70g when it was dry. This article is provided by Mr. Lu.
After the complaint has no fruit, it is decided to sue
In March 2017, my wife bought 14 boxes of certain brand of soap for her face in Jingdong. I plan to give it away. The packaging specifications for online promotion are 2 boxes per box, each 100g. The same type of soap that South Korea brings is significantly smaller. We are looking for a store downstairs and say that each is lighter than a dozen grams.
We complained to JD.com that they were obviously deceiving and asked to give a statement. JD.com was right and it was a simple reply that light weight was normal (only 2*100g in Chinese on the outer package, 100 g water in the inner package, and no water in 70g) , Stressed that 70g has been identified in English, I want to return. I propose to withdraw and pay three, Jingdong refused to pay compensation. Contacted for more than ten days before and after, and then Jingdong even in the case I did not agree, two direct pick up I thought that JD was supposed to speak well, but I was so arrogant. I felt that I had to complain in any case.
To find a business complaint in Hangzhou, the other party said that Jingdong was not registered in Hangzhou. Let me go to (registration) the Beijing Industry and Commerce Bureau. The Beijing Industry and Commerce Bureau asked me to go to Daxing District Administration for Industry and Commerce. The latter directly replied to the reply of Jingdong. If there is water, it will be lighter if it is done. It also says that the mediation is not complete. JD does not agree to compensation. If there are still problems, go to the court to sue.
Before and after complaining for nearly a month, I was still angry with my unresolved problems. Many people advised me that I didn’t have much money, but I was so frustrated, but I was upset and went to court to sue.
I thought that the Yuhang District Court could accept it. It was about the beginning of June last year. The information was almost the same. I received a notice telling me to go to the railway transportation court and change her name to the Hangzhou Internet Court. The process of transferring to the court lasted for more than a week.
After submitting the information, it was already in early August. Everything was ready. The court told me that I entered the two-month mediation period. During this time I called and asked several times. There was no message. After two months, I went to the court again. Said Jingdong did not agree with mediation and entered the filing procedure.
At the same time, I started to look for a lawyer. Since I officially took up Jingdong, I still have to prepare to think about it and legally safeguard my rights and interests. But to be honest, I was really worried. If I lost, I still have to pay the legal fees. It is such a small case. I think again, I have no way out, and I have to stay on.
Mr. Lu purchased the soap for face wash, the Chinese label for the outer packaging was 100g, and the English label was printed on the inner packaging, showing only 70g when dry.
Refused to withdraw, abandon mediation
The first court session was originally November last year. On the day of the court session, I was parked at the gate of the court. The court called me and said that Jingdong raised a jurisdictional objection and requested an extension of the hearing. According to the process, the court must give a reply to Jingdong. I can't open it.
(Reporter's Note: Jingdong’s application for jurisdictional objection was eventually rejected by the Hangzhou Internet Court.) The lawyer advised me at this time that the settlement of the lawsuit was too much. Jingdong would try every means to make you run out of time and energy. But I’m more determined to sue Jingdong. Even if you lost.
The first true court session was in January this year.
When Jingting explained Jingyang soap specifications, I was confused. Jingdong not only sophised, but also took a bite out of me why I bought so much at once, intentionally wasting the national judicial resources. (Reporter's Note: The court's final decision did not support Jingdong’s claim. : The difference between the three purchases is less than 1 minute. There is no evidence that the product was not used for consumption, and the plaintiff involved the case only.) The trial has no result. Let the parties agree the time, prepare a scale, and weigh the next time.
The second session was the first few days before the Spring Festival this year. Weighing on site, Jingdong 1 scale, and I 1 scale, the result was an average of 87 grams for all 14 boxes of soaps. (Reporter's Note: Court Judgment shows that the weight is 87.74 grams.) Lower than Jingdong online product specifications written in 100 grams.
After suing JD.com, I discovered that JD.com has changed the specification of this soap to 70g. Even the information on my order page has changed. Fortunately, I left screenshots of the goods and orders. Why did JD.com change its specifications? Obvious guilty conscience, I have all submitted this information to the court later.
In addition to returning the refund, Jingdong refuses any compensation. Their biggest concession is to compensate for the amount of money generated by the difference in weight. I certainly do not agree, a piece of only ten grams, this is not to take me? Is it meaningful for me to fight this lawsuit? ?
In fact, I was very tired at that time. I didn’t know how much my mind was worth, and I was advised that the lawyer advised me to mediate. The court also hinted at my concessions. I’ll give a refund and pay two. JD’s said that I would report back to the company and inform Court.
After the Spring Festival, the court called me and told me that Jingdong refused to withdraw one for two. I said at the time that I had to pay a one-fifth payback. This was my biggest concession since the trial. But the next day I still rejected this idea if Jingdong did so. Strong, why should I make concessions?
2. The verdict of the second instance verdict was upheld.
Win the lawsuit, the court supports all appeals
At the end of the trial, the court finally settled down. The court upheld all my requests. Although the first instance was successful, it was still happy but worried about Jingdong’s appeal. (Reporter's Note: On March 23, the Hangzhou Internet Court found that Jingdong was fraudulent , Supporting claims of one loss and one loss; Jingdong refused to accept and appealed; On May 31, the Hangzhou Intermediate People's Court upheld the original judgment).
Jingdong did appeal, but the appeal did not propose any new evidence. (Reporter's Note: The first-instance and second-instance judgments show that Jingdong's reply is almost identical.) Therefore, I did not agree to mediation at this time (second instance).
In fact, when I encountered this problem, I was not willing to go to the truth, but at first communication (JD.com) was arrogant. I must safeguard the rights that I must protect. Many people advised me that I did not understand why I was going to sue. , thankless. They all feel that it's okay, it's good to get the goods back, you can lose, you can't lose it. Actually, my family and my attitude have always changed, sometimes I think it's okay, but Feel too cool, still have to go for rights protection.
The whole process was tortuous, too tossing, and much more difficult than I thought. Preparing information and taking follow-ups took time. I followed up before and after the trial. I called the judge and the secretary to ask progress. It may take more than ten days. Telephone, even a few calls a week.
Although Jingdong’s own product is not produced by itself, it is the first person responsible.
If I encounter similar problems in the future, I will continue to defend my rights, and I have more experience. I would still try to find out. Now I have no way to do anything. I have done more than 10 years of sales and I will keep up with the situation. If I encounter problems , will also often communicate with the court, lawyers, will not sit there waiting. This time winning the lawsuit, may be somewhat related to my career a little bit.
I don't think there are any big problems with Jingdong's product quality. However, JD.com has a problem this time, but he does not admit to mistakes. His attitude is very poor. He wants to make ordinary consumers harder to defend their rights. A great company cannot do this. There should be Serving.
