Online transactions are convenient and affordable, becoming a consumption trend for the younger generation. However, there are potential risks in the quality of platform products and service guarantees. Recently, the People's Court of Bishan District, Chongqing, concluded a dispute over a purchase contract for second-hand camera lenses purchased online, and determined that the seller bears the responsibility of guaranteeing quality defects to the buyer. Li purchased a certain brand of camera lens sold by Yin for 3100 yuan on a second-hand platform, and after receiving the goods, unpacking and testing the machine, he quickly made the payment. Nine days later, Li discovered that there was a "dark disease" in the lens during work shooting, with blurry focus on the telephoto end and photo out of focus, resulting in the scrapped conference photo materials. That night, Li contacted Yin through the platform, and after negotiation, the camera was sent to the official platform for testing. The report showed that there was an internal fault with the camera, and the repair cost was 660 yuan. Li paid for the repair costs on his own and claimed compensation from Yin, but Yin refused to take responsibility on the grounds of "receiving the goods for more than 9 days". After unsuccessful mediation by the platform, Li filed a lawsuit with the court, demanding that Yin compensate a total of 766 yuan for lens repair fees, testing fees, film sticking fees, and courier fees. After trial, the court held that according to Article 617 of the Civil Code, if the subject matter delivered by the seller does not meet the quality requirements, the buyer may request to bear the liability for breach of contract in accordance with Articles 582 to 584 of this Law. Li purchased a certain brand of camera lens from Yin through a second-hand online platform, and the sales contract signed by both parties through the information network platform is legal and valid. Although both parties are engaged in a second-hand goods transaction, Yin should still deliver goods that have normal functional use to Li. Although Li confirmed payment after receiving the goods, the "hidden defect" was a hidden flaw that was difficult to detect immediately upon receipt. He discovered a quality issue with the lens 9 days after receiving the goods and informed Yin, which complies with Article 621 of the Civil Code on "fulfilling notification obligations within a reasonable period of time". Therefore, Yin should bear the responsibility of quality defect guarantee to Li. The court supports Li's request for Yin to compensate for the actual losses incurred as a result. In the end, under the mediation of the court, Yin paid a repair fee of 400 yuan in court, while Li voluntarily gave up the remaining claims. (New Society)
Edit:Wang Min Hui Responsible editor:Du Hui
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