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The author:(作者)delv
published in(发表于) 2014/1/10 8:16:57
Jingdong buy gold, only received gifts

Buy gold coins on the East, only to receive gifts ...-East-IT news Buy gold coins on the East, only to receive gifts ...

Chen Jingdong Mall to buy a set of commemorative gold coins worth more than 18,000 yuan, signature found inside the package only freebies and no gold. After negotiations failed, Ms Chan collection East and coin dealers a Shanghai investment company to court, called for the lifting of the contract, return shopping more than 18,000 yuan.

Sign without fully unpacking view

On June 4, 2013, Chen Jingdong Mall saw "2013 Panda gold coin 5 suit", a favorite investment company in Shanghai sold by a third party. She immediately orders, and receive a silver coin 5 cents notes and 100 serial numbers.

On June 6, 2013, overnight the home, Ms Chan at work, his father took the payment, sign.

However, the night Ms Chan found, wrapped only in premium silver coins and paper money, commodity gold is missing. Chen said that their parents see when they open the delivery carton with two boxes, printed the words the coins out there, thought is to buy coin collections, but in fact it's just a gift of silver. Because he wanted the packaging expensive broke, her father and unopened packaging within view.

That night, Chen Jingdong and collection companies feedback above, and Dial 110 to report their cases. A few days later, she acknowledged, product shipping process has video surveillance, by looking at the monitor, collections company confirms that the coin has already been shipped. Ms Chan admitted, receiving on this point, you do have a responsibility, once wanted to "stop it."

Two or three months later, she thought, should have a clear, one of paper pleadings will be responsible for Jingdong Mall sales companies in Shanghai and collection companies to sue in court.

Delivery video has been removed

Recently, Jiading district people's court hearing the case. Court trial, the company produced a receipt signed by the Chen father, Jingdong said deliveries are supposed to split parcel the same day, the plaintiff families after the check is complete and payment receipt, signed on behalf of the cargo is complete and correct. In addition, the East is only marketing platform, collection companies are manufacturers, so companies should not have to bear any responsibility.

Collections companies did not produce shipped gold coin video prove file. Collection company said it originally got the video to prove gold has been shipped, but because the plaintiff has yet to contact the company, the video has been removed.

Collections companies think, as stated on the Silver gift box silver, Ms Chan father as an adult, should be clear and 20,000 dollars worth of silver coins there is a big difference between, so the plaintiff's petition is not recognized.

Ms Chan lawyer says online shopping contract dispute process, consumers as plaintiffs tended to increase electronic data information from the computer as evidence, which saves time and integrity of evidence in electronic form of proof to consumers increases the barriers on the other, operators have absolute advantages in technology, related products, technical data and records in their possession.


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京东上买金币,只收到赠品... - 京东 - IT资讯
京东上买金币,只收到赠品...

陈女士在京东商城购买了一套价值1.8万余元的纪念金币,签收后发现包裹内只有赠品而无金币。交涉无果后,陈女士将京东及金币销售商上海某收藏投资公司告上法院,要求解除合同,返还购物款1.8万余元。

签收时没完全拆包查看

2013年6月4日,陈女士在京东商城看中了“2013年版熊猫金币5枚套装”,由第三方上海某收藏投资公司出售。陈女士当即下单,并获赠一枚银币和100张连号的5角钱纸币。

2013年6月6日,快递送到家中,陈女士上班,其父亲代为付款、签收。

然而,晚上回家陈女士发现,包裹里只有赠品银币和纸币,商品金币却不见踪影。陈女士说,其父打开快递纸箱时看到里面有两个盒子,一个外面印有纪念币字样,以为就是购买的收藏币,但其实那只是赠品银币。因为想着价格昂贵怕弄坏包装,陈父并没有拆开内包装查看。

当天晚上,陈女士向京东及收藏公司反馈上述情况,并拨打110报案。数日后,陈女士得到回复称,商品发货过程都有视频监控,通过查看监控,收藏公司确认金币已经发货。陈女士坦言,在收货这一点上,自己确实有责任,所以一度想“算了”。

两三个月以后,陈女士越想越觉得应该弄个明白,于是一纸诉状将负责京东商城上海地区销售的圆迈公司和收藏公司告上法院。

发货视频已被删除

近日,嘉定区人民法院开庭审理了此案。庭审中,圆迈公司出示了由陈女士父亲签字的签收单,京东表示交付当天是先拆包裹,原告家人核对完毕后,再付款签收的,签收即代表货物完整无误。此外,京东仅是销售平台,收藏公司才是销售商,因此圆迈公司不应该承担任何责任。

收藏公司并没有出示发货时有金币的视频证明文件。收藏公司表示,最初有视频可以证明已经将金币发货,但由于原告迟迟没有与公司联系,视频已经被删除。

收藏公司认为,作为赠品的银币盒子上写明银币字样,陈女士父亲作为成年人,应该很清楚银币的价值和2万元之间存在很大的差别,因此对于原告的诉请不予认可。

陈女士代理律师表示,网络购物合同纠纷过程中,消费者作为原告往往只能从电脑上调取电子数据信息作为证据,而这些电子形式的证据在保存时间和完整性方面给消费者的举证增加了障碍;另一方面,经营者具有技术上的绝对优势,相关产品的技术资料及记录也都在其手中。


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