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Post time: 2014-10-11 11:46:10
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Lawyers say the seller may face difficulty filing,hogan nuove
Evening news hotline 64100000 for eight years Taobao seller, Kunming public Tam deal with customers online has never been very successful. However, this time she encountered a dilemma: a Guangzhou buyers online ordering her a jade pendant worth 40,000 yuan. After the goods to the buyer do not, call the courier returned, the results express how can not find stock. Tam tried the approach can not solve this trouble, she can only request a refund Taobao suspended. Lawyer says Tam possible to get back compensation filing difficult problem.
Online selling jade pendant
Tam opened shop in 2006, and has been operating online trading emerald jade. Eight years ago,prezzi hogan, she sold through online countless valuable jade,http://www.my-tbs.de/index.php?site=forum_topic&topic=37100, the highest closing price was about $ 200,000 each sides of the transaction went smoothly. But this time she felt "be Daoda Mei."
May 11 afternoon, a Guangzhou Taobao buyers and Tam opened in the online chat. Say that they want to buy a piece of jade to send customers to pick and after consultation, buyers chose a price of 66,000 yuan jade pendant. After bargaining, to 40,000 yuan turnover. Buyers orders 40,000 yuan bought the jade pendants, Tam confirmed Paypal buyer has paid 40,http://218.244.159.129/read.php?tid=1763687&ds=1,000 yuan of money, immediately promised to post, Tam confirmed that the buyer is, Tianhe District,http://www.niganwoa.com/forum.php?mod=viewthread&tid=771677&fromuid=73682, Guangzhou Wushan apartment Huanong a Dadong buildings, to pieces in a man-made education and leave phone number.
"We usually choose express downwind, the wind can not express to customers say, that we must express delivery by tact." Tam agreed to the requirements of buyers, the same day 17:39 then south through Kunming Yuantong Express Kiln Branch send this parcel. Tam way to track the flow of goods: May 13, parcel arrived tact Tianhe District, Guangzhou Branch, and in 9:10 dispatched pieces.
"I'm relieved this time, the buyer received the goods soon." Tam relieved.
Jade pendant mysterious disappearance
However, Tam did not think she goods worth 40,000 yuan but disappeared mysteriously.
At 10:48 on May 13, the buyer through Messenger message: "Sorry customers something out pro a few days,hogan interactive beige, contact the courier first piece to go back..."
"I mean, can not wait a few days to determine his client sending back the past, but he insists Please express to go back." Then, immediately contact Tam Wushan,negozio hogan, Tianhe District, Guangzhou Branch requires tact original return,hogan interactive beige, "was Jiaozhu there a strong member promised to send pieces as soon as possible we will arrange the return, he said, go back to look for. "
Two days later, Tam has not been each other's replies, "I have been urging them to call." May 15, the other finally gave her the answer: She's wrapped on the 13th day of the mysterious disappearance, and was always looking for are not found, the 15th, they are the five Hill police station the police. After that, the courier company responsible person no contact with Tam. Meanwhile, when asked about the progress in the past Tam telephone,http://www.wlsmidc.com/forum.php?mod=viewthread&tid=133370, courier companies charge directly off the phone. Tam to buyers asking his real name, said the alarm to the police, the other does not tell her name, said only can try to cooperate, but asked her to return the money as soon as possible to give him 40,hogan rosa,000 yuan.
Courier companies willing to pay 2000 yuan
Yesterday, the staff tact Express Guangzhou Zhu Qiang told reporters that he would go every day into education in school more than 100 pieces of mail, but before you give customers to send text messages. 9:00 more than he gave the name of "education in a" phone number after a telephone call, took more than 100 pieces of express mail to the local school. On the way, the other suddenly called to tell him that this piece do not, call him back.
Zhu Qiang said that every day he sent pieces of more than 130 copies of the customer to buy something they certainly did not know that he was not sure if took this piece, but he did not find this in their own distributed in parcels parcels, "I want to go back and look at," but, looking back at noon, simply can not find it wrapped. "I asked what he bought,http://bbs.yy.u0.com/forum.php?mod=viewthread&tid=62841, he said, was a pendant, do not tell me his real name." Zhu Qiang look after by address, but can not find buyers. After the other party no longer answer the phone.
Express learned from Tam at The Express is worth 40,000 yuan after the emerald, and hurried to the police. "As far as I know, this package not to the buyer's hands, unless he called someone to come and collect, or he knew we express the process." Zhu Qiang said. Yesterday,hogan offerta, the reporter called the five hill station asked whether filing,outlet scarpe hogan, a police officer said is not clear.
Tam last only seek explanation to the courier company, headquartered Shanghai, Guangzhou Branch tact tact, said according to the agreement signed by both parties, because Tam did not insured, can only pay 2000 yuan.
Tam is now the most anxious, Taobao can only suspend a refund for her, but after a few days, Paypal will refund the money which means she will two air cargo.
? Lawyers say
 
Online shopping is difficult filing claims difficult
In today's highly developed network through online shopping is not uncommon. The network transactions express loss situation also often occur. Reporters learned that the buyer or seller of mail is lost or damaged, the courier company and the parties are generally taken to sit down and negotiate, courier companies bear responsibility initiative. And truly be resolved through legal channels, is still very small.
Tam believes that there are no fault of their own, the other side there is a big fault in the Inbox and Sent process, such as the amount of compensation she is not acceptable, "I hope tact courier company in accordance with our compensation for the actual loss." And if the police are not on file,http://bbs.dehua.net/home.php?mod=space&uid=544730,autlet hogan, she can only take legal proceedings.
Tam's Yunnan DINGXING attorney law firm  said: "2000 is the only compensation law does not comply with the terms of express mail on the part of the standard terms." Hu said the lawyer, courier company as a party to the contract to provide the format, want to limit or waive the terms of one's own responsibility to make clear instructions. But in the time of the conclusion of the contract, and not to those detailed explanation. Because no clearly inform these terms, causing the user misunderstanding of compensation, insured and other matters, to reduce their liability, breach of the principle of fairness, which is a definite terms of the King,scarpe hogan outlet, so the terms of compensation limit is not binding on the user. "
But Hu lawyers discovered that the courier industry chaos:. "Legal subject, the amount of compensation, litigation locations are difficulties," Tam's case as an example in order to find the shop without the industrial and commercial registration,piumini moncler, apparently only to shop natural person as the main prosecution needs to prove Taobao rarely Yunnan court admissible. Sent combined company for a district-level stores,http://bbs.879wan.com/forum.php?mod=viewthread&tid=237866, may be the subject of proceedings tact headquarters in Shanghai,hogan interactive blu, the high cost of litigation. The price is also difficult to determine: courier pieces have been lost, it is difficult to determine the price. However, because the object is in the shop transactions chats, so you save on Taobao have full chat, you can send this judge the value of goods. "But this is a new kind of evidence, which is revised this year's" Man v "in the increase of electronic data evidence, the judge whether admissible,http://www.0778xzs.com/bbs/forum.php?mod=viewthread&tid=942732, but also unprecedented."
Hu said the lawyer, because of this, like the victims of such Tam, go to court this road really hard. And because the laws and regulations in the current online shopping is not perfect, but also adds more risk. (Deng Jianhua)
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