news July 29th, yesterday, the media exposed jumei.com, Jingdong and other electronic business platform selling third party merchants settled, caused an uproar in the industry. In this case, the legal liability and the related legal problems of platform and third party merchants have to bear, billion state power network consulting Anne Shanxi lawyer Du Zhengping.
Du Zhengping believes that once the third party merchants selling is verified, jumei.com, Jingdong and other platform providers should bear joint responsibility. Because consumers shopping platform in the electricity supplier, is directly facing the platform providers. So the platform providers must fulfill the duty of review. To determine the business and selling behavior on the platform, consumers have the right to pursue full liability to business platform.
at the same time, selling third party liability and selling businesses need to end, and bear all the responsibility of compensation for consumers. Du Zhengping pointed out that if the platform providers have been given to consumers, the platform has the right to pursue compensation to third parties.
billion state power network to view the latest "consumer protection law", on the third party business and selling for forty-ninth stipulates: "operators to provide goods or services fraud, in accordance with the requirements of consumers increase the compensation for losses, increase the amount of compensation for twice the price consumers to purchase goods or receive the cost of services." So fake fact is determined, consumers have the right to the third party or business platform business for the 1+1 compensation.
about the rights process, lawyer Du Zhengping stressed that in order to safeguard their own interests, consumers can first claim and fake evidence by itself to the third party or business platform business. If you do not get a good deal, consumers can complain to the consumers or to the court to prosecute these two rights. Through legal means to protect rights, consumers need to prepare two aspects of evidence: the establishment of the relationship between the two sides of the evidence to prove the existence of quality problems.
invoices and other evidence can be used as evidence of the establishment of bilateral trading relationship, such evidence is easier to obtain. To prove the existence of quality problems may need to use third party quality certification agency issued a certificate." Du Zhengping lawyer said.
it is reported that the electronic business platform in the city will be settled for a certain degree of business review. Jingdong said that since 2014, Jingdong has been increasing the sampling efforts on the platform of commodities, weekly sampling of not less than three times, and sampling covering all categories.
insiders pointed out that the third party merchants settled on the electronic business platform may reach millions of magnitude, for the supervision of the third party businesses are increasingly difficult.
in this regard, Du Zhengping lawyers believe that the risk to avoid selling the platform on the need to strengthen prevention, improve the merchandise and brand settled audit, strengthen the supervision of the business. Once the third party merchants selling fake products, business platform and the third party taking timely compensation responsibility clear, avoid compensation for losses.
yesterday, there are media reports, there is a