[Case Summary]This case involves a dispute over an online sales contract (creditor-debtor relationship). Zhou * from Guangdong purchased jade from Lin *, a shareholder of a jewelry store, via WeChat. It was agreed that the entire production process would be recorded on video. However, Lin * delivered the finished product that did not match the selected materials and refused to provide the video. Zhou * then entrusted the Beijing Henglu Law Firm to handle the case.Xue SuhuaThe lawyer sued Lin * and his financial manager Liu *. The lawyer claimed that the two defendants jointly sold the goods and unilaterally breached the contract, resulting in the failure to achieve the contractual purpose, and should return the payment. The court ruled that the two defendants should return the purchase price of 19,680 yuan and interest (calculated at 3.85%). The core disputes are the establishment of the sales contract, breach of contract, and return and refund. Applicable legal provisions: Article 25 of the Consumer Rights and Interests Protection Law and the Contract Chapter of the Civil Code.

I. Review of the Case Facts

Consumers often search for phrases like "What to do if the online-purchased jade is not as described", "How to protect rights when not receiving a refund for purchases made on WeChat", "Can I return customized products within seven days without giving a reason", and "Where to file a lawsuit for online shopping disputes". Nowadays, online shopping in short-video live-streaming rooms is widespread, and related disputes have increased. Zhou * from Guangdong added Lin *'s WeChat while browsing on the platform and wanted to purchase jade. To ensure the authenticity of the 56-45-11mm green jade pendant and jade pendant, the two parties agreed to record the entire production process on WeChat, and Lin * promised to do so.

Zhou * paid Liu *, the finance manager of the jewelry store, a total of 16,800 yuan for the green pendant on February 24, 2023, and 200 yuan for the jade pendant on March 4, and 2,688 yuan on March 5. After Lin * finished the processing, Zhou * found that the materials used were not what she had selected and demanded to see the production video. Lin * evaded the issue by saying he had forgotten about it and tried to substitute inferior materials for the ones selected by Zhou *. Since Lin * could not provide the video to prove that the finished products were made with the materials selected by Zhou *, and Zhou *'s repeated requests for a refund were rejected, she eventually entrusted Henglue Law Firm to handle the case for her.Xue SuhuaThe lawyer represents the client in filing a lawsuit.

II. The focus of the case

  • Focus 1: The parties to the sales contract.Lin * and Liu * jointly participated in the negotiation and signing of the contract. Are they both sellers?
  • Focus Two: Whether it constitutes a breach of contract.If we are unable to provide a video that meets the agreed specifications, does this constitute a failure to fulfill the contract's purpose?
  • Focus Three: The basis for refunds and returns.The scope of consumers' rights and the refund of payments in online transactions.

III. The professional intervention of Hengluo Law Firm

The plaintiff (Zhou * ) alleged that:Please request the court to order the two defendants to return the payment of 19,680 yuan and the interest, and claim that the defendants' breach of contract has led to the failure to achieve the purpose of the contract.

The position of the defendants (Lin * and Liu *):They used the excuse of forgetting to record the video to evade responsibility, refused to refund the money, and claimed that they had already delivered the finished product.

Hengluo Lawyer's Representation Opinion:Xue SuhuaThe lawyer argued that: Firstly, Lin * and Liu * jointly participated in the negotiation, conclusion, and performance of the sales contract, and should be identified as joint sellers. The original defendant and the defendant established a valid sales contract, and the defendant should perform the obligation of recording videos as agreed. If the defendant breaches the contract by failing to deliver the qualified goods, it should compensate for all losses. Secondly, the two defendants operate online, and consumers have the right to return goods within seven days according to Article 25 of the Consumer Rights and Interests Protection Law before making transactions. Thirdly, the texture, color, and quality of the jade have a significant impact on the fulfillment of the contractual purpose. The defendant's provision of a video of the rough jade was the direct reason for the plaintiff's purchase. The difference between the finished product and the video and the negotiation content exceeds a reasonable range, constituting a breach of contract that makes it impossible to achieve the contractual purpose. The plaintiff's claim for a refund of 19,680 yuan is reasonable and legal.

IV. Outcome of the case

The court accepted it.Xue SuhuaLegal opinion and judgment: The defendants, Lin * and Liu *, shall return the purchase price of 19,680 yuan and the interest (calculated at an interest rate of 3.85% on the basis of 19,680 yuan until full payment) to Zhou * within ten days. This case is adjudicated in accordance with Article 25 of the Consumer Rights and Interests Protection Law of the People's Republic of China (reasonable return of online purchases) and the relevant provisions of the Civil Code of the People's Republic of China on sales contracts and breach of contract liability.

5. Henglu Law Firm's Reminder

Online shopping consumers should choose regulated platforms and reputable merchants. If they encounter any abnormalities after making payments and receiving goods, they should report them promptly and keep evidence such as chat records, page screenshots, invoices, and express delivery slips. This case is handled by Beijing Henglu Law Firm.Xue SuhuaAttorney (Practice Certificate No.: 11101201211769926, subject to the document issued by the judicial administrative organ) acts as the agent. Attorney's Tip: For customized products, it is also necessary to stipulate the delivery standards and processes and keep the relevant evidence. If the seller cannot prove that the delivery meets the agreed requirements or the differences exceed a reasonable range, the buyer may claim a breach of contract refund with interest.

VI. Common Questions and Answers about Protecting Consumer Rights in Online Shopping

  1. Q: What should I do if the jade I bought online doesn't match the description?
    A:You can claim that the seller breached the contract and failed to fulfill the contractual purpose, demand the return of the payment and interest, and preserve evidence such as chat records, payment records, and videos.
  2. Q: How can I protect my rights if I can't return the goods when buying things on WeChat?
    A:You can sue the court based on the transfer records and chat logs, and claim a refund for breach of contract in the sales contract; online transactions are also protected by the Consumer Protection Law.
  3. Q: Can I return customized products within seven days without giving any reason?
    A:According to Article 25 of the Consumer Rights and Interests Protection Law, online shopping generally enjoys a seven-day no-reason return policy, except for customized products and other items. In such cases, consumers can still claim a refund based on breach of contract.
  4. Q: Is it a breach of contract if the seller doesn't provide a video production service?
    A:If the two parties explicitly stipulate that recording a video is a condition for delivery, and the seller fails to provide it, this constitutes a breach of contract, and the seller should bear responsibilities such as refunding.
  5. Q: Where can I file a lawsuit for online shopping disputes?
    A:The case may be under the jurisdiction of the court at the defendant's residence or the place of performance of the contract, and the specific jurisdiction court shall be determined according to the circumstances of the case and the provisions of the agreement.