Man shopping Sony Z5 cheated: directly to 9990-Taobao Taobao claims, fake, Sony Z5-IT information
On April 25, Taobao shopping disputes with the Haidian court case in which plaintiffs Taobao sellers buy "fake", select the prosecution of Taobao. Haidian District Court has accepted the case. Haidian District Court said in a statement, Taobao bought a fake, that Taobao has failed to take the necessary measures, contributed to the counterfeit goods shall bear joint and several liability, consumers Mr WONG Sue Taobao Taobao order compensation for three times the purchase price of 9990. Haidian District Court has accepted the case. At present, the case is under further investigation.
Haidian District Court website screenshots
Mr WONG claims, November 11, 2015, in Taobao shop named "Hao wei technology" online shop (shopkeeper wangwang: cable the one you love-starting 2008) bought a Sony Z5 Compat on Hong Kong licensed mobile, Taobao order number 1262374133914894. According to the seller says, this was his fortress from Hong Kong to buy genuine licensed, send goods to include the phone body and a receipt for fortress. Mr Wong the Feng Ze official receipt issued, receipts and Sony cell phone information to Hong Kong, the phone and receipts be sent to Sony aftermarket in China, three to Mr Huang's reply is based on information provided by Mr WONG, this phone does not have a record which is certainly not in Hong Kong licensed. Taobao of rules requirements not return on cannot into complaints, yellow Mr only first will things returned, due to Taobao to of return reason in the no "sale fakes", yellow Mr in return of when select of reason is "fake brand", but in fill in return reason Shi has statement has sellers sale fakes, and in return and Ali wangwang in the are told has sellers agreed this reason on representative recognized has sellers sale sold fakes, sellers also is agreed has to this reason of refund. Returning seller Mr WONG immediately after receiving the complaint, sellers even admitted selling fake and insists that he is not after the return of selling fakes, Taobao also ignored Mr Huang submitted evidence and seller had admitted selling fake goods and returns results as not substantiated. Now this phone is also sold, and can be seen from the evaluation record seller or sale of fakes.
Mr Wong said goods on Taobao, and requires a differential in Taobao Taobao goods whether false information, whether the sellers for sale selling fakes is not realistic. However, in this case, himself provide evidence to prove that the seller selling fakes, while sellers in return also admits sale of fake, well documented. NET in this case, there is still no sellers to make any deal with and rejected the consumer's reasonable and legitimate request. On March 15, 2014, provisions of the Consumer Protection Act, fraud operators providing goods or services, shall, in accordance with the consumer's request for additional compensation for their losses, increase the amount of compensation for consumers to purchase goods price or fee for service three times; to increase the amount of compensation of less than 500 Yuan, 500 Yuan. Otherwise provided for by law, in accordance with its provisions. Meanwhile, Internet trading platform provider knows or should know sellers or service providers to use its platform against the legitimate interests of consumers, failed to take the necessary measures, joint and several liability with the sellers or service providers in accordance with law.
Mr Wong said, as consumers, not fake lawsuit every time, so that costs are too high and too time consuming. Taobao's practices in fact caused obstacles to consumer rights, contributed to the counterfeit, infringement of consumer's claims. Sellers on Taobao, Taobao and truthfully described for qualification certification, also uses his reputation to ensure that Taobao sellers description is true, but sellers also pay 100000 Yuan in Taobao margin, enough to pay 3 times the purchase price of compensation. The latest release of the consumer protection act is two years to the present time, while Taobao still not formulated in accordance with the law on protection of consumer rights and related measures, rather than artificially create an impediment for consumer rights, was confirmed by Taobao promote counterfeit goods. Taobao has always boasted as his fake is not shy to crack down, but even the facts so clearly failed to do against fakes, but against buyer, indulging the fake, knowing that sellers or service providers to use its platform against the legitimate interests of consumers, failed to take the necessary measures, joint and several liability with the sellers or service providers in accordance with law.
Yellow Mr think, Taobao if to "Taobao just information released platform of service provides business" for reason evade responsibility is not reasonable of, because first sellers through has Taobao of quality identification and truthfully description certification, while also paid has margin, that Taobao has using himself of reputation guarantees out has after buyers legitimate of requirements can get meet; second in return process in the its provides of evidence and sellers himself of behavior enough to proved sellers sale sold fakes, Taobao still take has combat buyers, ignored evidence of practices , And still be able to confirm to the seller or in the sale of the same fake, advertised will safeguard the interests of consumers and crack down on fake Taobao has in essence condoning fakes, joint and several liability with the sellers or service providers in accordance with law.
男子网购港版索尼Z5被骗：直接起诉淘宝索赔9990元 - 淘宝,假货,索尼Z5 - IT资讯
4月25日消息，海淀法院受理了一起淘宝网购纠纷案，案中原告淘宝一卖家买到“假货”后，选择起诉淘宝网。海淀法院已受理此案。海淀法院在一份公告中称，在淘宝网上买到了假货，认为淘宝网未采取必要措施，助长了假货泛滥，应承担连带责任，消费者黄先生起诉淘宝网要求判令淘宝网赔偿三倍货款9990元。海淀法院受理了此案。目前，此案正在进一步审理中。
海淀法院官网截图
黄先生诉称，其于2015年11月11日在淘宝网店铺名为“皓威科技”的网店（掌柜旺旺名：索你所爱-起跑2008）上购买了一台Sony Z5 Compat港版行货手机，淘宝订单编号1262374133914894。根据卖家所说，此手机是他从香港丰泽购买的正品行货，发来的货品中也包括了手机本体和一张丰泽的收据。黄先生将这张收据发给丰泽官方，将收据以及手机的信息发送给香港Sony，将手机和收据寄给中国Sony售后，这三家给黄先生的答复都是根据黄先生提供的信息，此手机没有记录，也就是肯定不是香港行货。淘宝网的规则要求不退货就无法进入投诉，黄先生只能先将东西退回，由于淘宝给的退货理由中没有“售卖假货”，黄先生在退货的时候选择的理由是“假冒品牌”，但在填写退货理由时已声明了卖家售卖假货，并且在退货和阿里旺旺中都告知了卖家同意此理由就代表认可了卖家在售卖假货，卖家还是同意了以此理由的退款。退回卖家收货后黄先生立刻投诉，卖家即使在承认了售卖假货而产生的退货后仍坚持自己未售卖假货，淘宝也无视黄先生提交的证据和卖家已经承认了售卖假货而产生的退货，处理结果为投诉不成立。现在此手机还在售卖，并且从评价记录中还能看到卖家还在售卖假货。
黄先生称，淘宝网上货品多，要求淘宝网一个一个鉴别在淘宝网上的商品是否有虚假信息、卖家是否在售卖假货不现实。但是，在此案例中，自己提供的证据已经能证明卖家售卖假货，同时卖家在退货时也已经承认自己在售卖假货，证据确凿。而淘宝网在此情况下，仍然没有对卖家做出任何处理，并且驳回了消费者的合理合法请求。2014年3月15日出台的消费者权益保护法中规定，经营者提供商品或者服务有欺诈行为的，应当按照消费者的要求增加赔偿其受到的损失，增加赔偿的金额为消费者购买商品的价款或者接受服务的费用的三倍；增加赔偿的金额不足五百元的，为五百元。法律另有规定的，依照其规定。同时，网络交易平台提供者明知或者应知销售者或者服务者利用其平台侵害消费者合法权益，未采取必要措施的，依法与该销售者或者服务者承担连带责任。
黄先生表示，作为普通消费者，不可能每次遇到假货都进行诉讼，这样成本太高也太耗费时间。淘宝网的做法在事实上给消费者维权造成了障碍，助长了假货泛滥，侵犯了消费者的求偿权。卖家在淘宝网上有淘宝网的质量鉴定和如实描述认证，即淘宝网也使用自己的信誉保证了卖家的描述属实，同时卖家在淘宝网上也缴纳了100000元保证金，完全足够支付3倍货款的赔偿。最新的《消费者权益保护法》发布到现在已有两年时间，而淘宝网依旧没有依照《消费者权益保护法》制定相关的措施，反而人为地为消费者维权制造障碍，更是说明了淘宝网助长假货泛滥。淘宝网一直在标榜自己对假货毫不手软，严厉打击，但却连事实如此清晰的事件都没能做到打击假货，反而打击买家，纵容假货，明知销售者或者服务者利用其平台侵害消费者合法权益，未采取必要措施，依法与该销售者或者服务者承担连带责任。
黄先生认为，淘宝网若以“淘宝网只是信息发布平台的服务提供商”为理由推脱责任是不合理的，因为首先卖家通过了淘宝网的质量鉴定和如实描述认证，同时也缴纳了保证金，即淘宝网已经使用自己的信誉担保出了事后买家合理合法的要求能得到满足；其次在退货过程中其提供的证据和卖家自己的行为足以证明卖家在售卖假货，淘宝网仍然采取了打击买家，无视证据的做法，并且直到现在还能确认到卖家还在售卖同一假货，标榜会维护消费者权益和严厉打击假货的淘宝网已经在实质上纵容假货，应依法与该销售者或者服务者承担连带责任。