Xu Mou and a company in Zhejiang, Zeng Mou online shopping contract dispute

[Case classification] : online shopping contract disputes

[Commissioned time] : November 2017

【 Brief introduction 】

From October 27, 2016 to December 7, 2016, the plaintiff purchased a total of 5,560.40 yuan of pure whole milk powder of adult Blue Bag Big Cow brand and natural plant milk powder imported from Russia for five times from the Taobao store of "XX Imported Food" set up by defendant Zeng on the online platform provided by Defendant Taobao Company. For their relatives, friends and children to eat. According to the description of defendant Zeng on the product details page, the above products are from Russia and imported from Russia. After the plaintiff purchased the above products, he was reminded by others that according to the provisions of the "Import and Export food safety Management Measures", the export of food to China must be registered, and according to the "Imported food overseas production enterprise Registration column" issued by the Certification and Accreditation Administration of our country, it can be seen that So far, China has not allowed Russia's infant dairy products and dairy products to be registered in our country, that is, we are not allowed to import Russian dairy products. In addition, according to the provisions of Article 92 of the Food Safety Law and Article 18 of the Measures for the Administration of Import and Export Food Safety, all imported food can be sold after passing the inspection and quarantine. The defendant Zeng Yajie has so far been unable to provide the plaintiff with all the information required for imported food such as customs declaration forms, inspection and quarantine certificates of inbound goods, product inspection and quarantine health certificates, customs clearance certificates issued by the customs, which is sufficient to show that the above food sold by the defendant Zeng XX is food without inspection and quarantine. As a provider of network services, the defendant company did not review the commodities sold on its platform, and there were mistakes in the supervision of the trading service platform. The plaintiff repeatedly communicated with the defendant company about the removal of the commodities involved, but the defendant company ignored them. To sum up, the Russian dairy products sold by the defendant Zeng is food that does not meet safety standards, which will inevitably cause serious harm to human health or have major safety risks. The defendant company knows that the food sold by the defendant Zeng has violated the legitimate rights and interests of the plaintiff, but still fails to take necessary measures, and shall bear joint and several liability with the defendant Zeng. In order to protect their legitimate rights and interests, the plaintiff filed a lawsuit with the court.

【 Lawyer analysis 】

According to the law, if a consumer sells food that he knows does not meet food safety standards, in addition to demanding compensation for losses, he may also demand compensation from the producer or business operator for the payment of ten times the price or three times the loss. The evidence provided by the defendant company can prove that the defendant Zeng XX opened a Taobao store of "XX imported food" on "a treasure" in his personal name, and the evidence provided by the plaintiff can prove that he purchased the milk powder involved from the defendant Zeng XX through online shopping as a consumer, so the sales contract relationship between the plaintiff and the defendant Zeng XX was established according to law. The imported food shall conform to the national standards of food safety in China, shall pass the inspection by the entry-exit inspection and quarantine authorities in accordance with the provisions of the relevant laws and administrative regulations on the inspection of import and export commodities, and shall be attached with the certification materials in accordance with the requirements of the national entry-exit inspection and quarantine authorities. The defendant had to ensure the safety of food sources as a business operator. In this case, the Russian imported whole milk powder sold by the defendant Zeng through the Internet is not the food that is currently allowed to enter China. Moreover, the defendant Zeng also could not provide the relevant customs declaration documents, inspection and quarantine certificates of imported goods, product inspection and quarantine health certificates, customs clearance certificates and other imported food should have, so it was determined that the milk powder involved did not meet food safety standards. Because the defendant had sold food that he knew was not in line with food safety standards, the plaintiff asked for a refund of the payment and compensation ten times the price, which is based on law and should be supported.

【 Verdict 】

After lawyer Wang Hong's representation, the court finally supported the plaintiff's claim, and the defendant Zeng XX should refund the plaintiff Xu XX's payment of 5,560.40 yuan within 10 days from the effective date of this judgment; The plaintiff Xu Mou should also return all the milk powder purchased to the defendant Zeng Mou. The defendant Zeng shall pay compensation of 55,604 yuan to the plaintiff Xu within 10 days from the effective date of this judgment.