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a few days ago, a merchant on an e-commerce platform reported that a student from shanxi datong university placed an order to buy red dates. six days after receiving the goods, he applied for only one application on the grounds that "the quality of the goods was too poor, the packaging was poor, the merchant's attitude was extremely bad, he was rude, and he did not solve the problem." refunds are not given, and customer service is insulted after rejection.

in response, a staff member responded to the media that this matter is a personal transaction between students and merchants and has nothing to do with the school. the school has contacted the students and can only provide some criticism and education.

the merchant told jiupai news that she hopes the consumer can post a video to publicly apologize online and will not accept any other form of apology. "i don't want traffic. after this customer apologizes, i will remove all videos related to her."

referring to the store's condition, the store owner said that "the store's condition is too bad." now her store cannot send private messages or reply to messages.

on the same day, zhao liangshan, senior partner of shaanxi hengda law firm and a well-known public interest lawyer, told jiupai news that for some partial defects or damage caused by third parties, this is not an intrinsic problem of the merchant, and can be solved by terminating the contract or "7 days without service". "reason" returns to protect the legitimate rights and interests of consumers, and "refund only" should not be supported.

it said that if a consumer maliciously infringes on other people's products through a refund-only method, is subjectively intentional, or is suspected of fraud, he can call the police in accordance with the law.

[1] merchant: still haven’t received an apology and don’t want to gain traffic

on september 24, an e-commerce platform merchant posted a video reporting that a student from datong university placed an order for red dates and received the delivery on the 17th. six days after receiving the goods, the student applied for a refund but not a return because the outer packaging bag of the red dates was wrinkled, but the customer service said that he needed to return the goods for a refund.

"this student insulted us for an hour because the refund was not successful. we have prepared relevant screenshots and hope that the other party will publicly apologize," the store said.

the merchant sent out chat records between consumers and customer service. the two parties had many disputes. the consumer said to the customer service: "how much does your poor customer service earn in a month? is it enough to feed yourself? you haven't graduated from high school, right? the platform doesn't punish me..."

jiupai news noticed that the order in question was a pack of jujubes, with the original price of 12.99 yuan. the reason given by the consumer when applying for a refund was: "the quality of the product is too poor, the packaging is poor, the merchant's attitude is extremely bad, and he is rude and disrespectful." solve the problem."

bag condition. picture/screenshot of social platform

on the 27th, the platform merchant involved told jiupai news that she hoped that the consumer would post a video online to publicly apologize and would not accept any other form of apology. "i don't want traffic. after this customer apologizes, i will remove all videos related to her."

on september 25, the store owner contacted datong university and learned the relevant information about this customer. "she is only a freshman and has just started school for one month. the school has nothing to do with this matter. i am not dealing with the person, so this matter has little to do with the school."

she added that so far, the customer has not apologized to her in private. considering that the customer is young, she said she could wear a mask when filming the apology video and close the comment area after posting the video.

talking about the condition of the store, the store owner said that "the condition of the store is too bad." now her store cannot send private messages or reply to messages. when jiupai news left a message on its store, the platform prompted, "this user has violated community regulations and the stranger's private message function has been closed."

when a netizen left a message and mentioned that "the shop owner is a girl who uses prosthetic limbs for her lower limbs and lives a strong and hard-working life," the shop owner replied to jiupai news, "i don't want to use this matter to make others think that i am trying to gain traffic. i want to discuss the matter.”

【2】many merchants have been unreasonably required to “only refund but not return goods”.

since the beginning of this year, topics related to "refund only" have been on the hot searches many times, sparking heated discussions. with the further development of "refund only", some merchants said that they have encountered some buyers taking advantage of the "refund only" rule.

in july 2024, a merchant sold a wall-mounted washing machine worth 1,400 yuan and was successfully "refunded" because the wall could not be installed with wall-mounted parts; there was also a shanghai shop owner who drove more than 1,000 kilometers to get 12 pairs of socks that were unreasonably refunded. go to the buyer to defend your rights.

jiupai news noticed that some platforms have begun to optimize the refund-only rules. on july 26, an e-commerce platform announced that it would optimize the "refund only" strategy, increase merchants' after-sales autonomy based on the new version of experience points, and reduce or cancel after-sales intervention for high-quality stores. the relevant policies will be officially implemented on august 9.

starting from september 1, the state administration for market regulation’s “interim provisions on anti-unfair competition on the internet” (hereinafter referred to as the “regulations”) will be officially implemented. article 24 of the "regulations" points out that platform operators shall not use service agreements, transaction rules and other means to impose unreasonable restrictions or additional restrictions on the transactions, transaction prices and transactions with other operators within the platform. unreasonable conditions.

zhao liangshan, senior partner of shaanxi hengda law firm and a well-known public interest lawyer, told jiupai news that the dispute between merchants, consumers, and platforms regarding "refund only" lies in the exercise of platform management and supervision obligations and the balance of rights and obligations between buyers and sellers.

"the one-size-fits-all 'refund only' policy is unreasonable." zhao liangshan explained that if we blindly protect consumers and attach merchant obligations through "refund only", it will breed some refunds for unjustifiable reasons, thereby infringing on the legality of merchants. rights and interests.

zhao liangshan pointed out that the implementation of the "regulations" is a positive policy for merchants because it clearly limits the rights of the platform and puts forward requirements and guidelines for the formulation and management of platform rules, such as "unreasonable restrictions or unreasonable conditions shall not be imposed." , bringing the platform’s one-size-fits-all policy to an official end, and giving merchants a legal basis to reject unreasonable policies.

【3】lawyer: it is inappropriate to request “refund only” due to wrinkles in the packaging

zhao liangshan added that the essence of "refund only" is to terminate the sales contract between consumers and merchants. article 566 of the civil code stipulates that after the contract is terminated, if it has not been performed, the performance will be terminated; if it has been performed, the performance will be terminated based on the performance and the situation. due to the nature of the contract, the parties may request restoration to the original status quo or take other remedial measures, and have the right to request compensation for losses.

he introduced that when consumers apply for a refund and the merchant agrees to refund, it is deemed that both parties have reached an agreement to terminate the sales contract. if the consumer only refunds the money and the merchant does not agree, then the boundaries of platform authority and merchant rights protection will be involved.

if the product is indeed defective or fresh food that is not suitable for return, then it is understandable for the platform to exercise the right of "refund only". however, if the product does not have essential problems and is only superficial, or the consumer lies about the problem, the platform will not directly allowing "refund only" after verification or judgment will obviously infringe on the merchant's ownership of the product. if consumers use "wrinkles in the packaging" as the reason for "refund only", it is obviously inappropriate, because the wrinkles in the packaging do not affect the actual condition of the product.

zhao liangshan explained that, as mentioned above, "refund only" actually measures the quality of the merchant's products and whether they can achieve the purpose of the contract. for customized goods, fresh and perishable goods, or goods with serious quality problems, if the purpose of the contract cannot be achieved due to product problems, for regulatory purposes, "refund only" is understandable. for some partial defects or damage caused by third parties, this if it is not an essential issue for the merchant, the legitimate rights and interests of consumers can be protected by canceling the contract or returning goods "with no reason within 7 days". "refund only" should not be supported.

because a refund means the contract is terminated, since the contract is terminated, the consumer has the obligation to return the goods.

if a consumer maliciously infringes on other people's goods by only refunding, and is subjectively intentional or suspected of fraud, he or she can call the police in accordance with the law. if it does not constitute a crime, according to article 49 of the "public security administration punishment law", theft, fraud, robbery, anyone who robs, extorts or intentionally damages public or private property may be detained for not less than five days but not more than ten days, and may also be fined not more than five hundred yuan. if the situation is more serious, that is, if the circumstances are considered serious, the offender may be detained for not less than ten days but not more than fifteen days, and may also be fined not more than one thousand yuan, and may be subject to public security penalties.

he suggested that for consumers who engage in "free prostitution", merchants may consider suing and requesting the return of goods and compensation for losses. how to deal with complaints actually tests the platform mechanism. if the platform rules are safe, fair, and transparent, then complaints will not affect anything. all you need to do is actively provide evidence. therefore, in this environment, merchants must pay more attention to evidence collection, including product quality certificates, parcel packaging conditions, product warehousing conditions, etc., and complete records should be kept.

jiupai news reporter fu bingjie