Xu Mou and a company in Heilongjiang online shopping contract dispute

[Case classification] : online shopping contract disputes

[Commissioned time] : January 2018

【 Brief introduction 】

On October 26, 2016 and November 3, 2016, the plaintiff bought a total of 2,019 yuan of "imported Russian canned military canned pure beef 525g" and "imported Russian canned tin beef 500g" from the "XX Specialty store" Taobao store set up by the defendant company twice, for their own and relatives' and friends' children to eat. According to the defendant's description on the product details page, the above products were imported from Russia and originated in Russia. According to the website of the Department of Animal and Plant Quarantine Supervision of the General Administration of Quality Supervision, Inspection and Quarantine of the State, "List of animals and their products prohibited from the import of animal epidemics in countries and regions" (updated on October 19, 2016), Russia is an epidemic area of bovine nodular skin diseases, and China expressly prohibits the entry of Russian cattle and related products. According to the "Imported Food overseas production enterprise registration column" issued by the China Certification and Administration Commission, we know that China has not allowed Russian beef products to be registered in our country, which means that China is not allowed to import Russian beef products. According to the provisions of Article 92 of the Food Safety Law of the People's Republic of China (hereinafter referred to as 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 only after passing the inspection and quarantine. The defendant is unable to provide the plaintiff with all the information required for imported food such as the customs declaration form, the inspection and quarantine certificate of entry goods, and the inspection and quarantine health certificate of products, which is sufficient to show that the commodities sold by the defendant involved in the case are meat products without inspection and quarantine. To sum up, the defendant's behavior of selling the commodities involved not only constitutes the behavior of selling meat products that have not passed inspection and quarantine, but also constitutes the behavior of selling food whose production and operation are prohibited by the state for the prevention and control of diseases and other special needs, which will inevitably cause serious harm to human health or have major safety risks. In order to protect its legitimate rights and interests, the plaintiff specially appeals to the court and requests a judgment as requested.

【 Lawyer analysis 】

The evidence provided by the plaintiff can prove that he, as a consumer, purchased the goods from the defendant through online shopping, so the sale contract relationship between the two parties is 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 institution in accordance with 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 department. The defendant as the operator must ensure the safety of the food source. The canned Russian imported beef sold by the defendant through the Internet is not the food that is currently allowed to enter China, and the defendant can not provide the relevant customs declaration of imported goods, inspection and quarantine certificates of inbound goods, product inspection and quarantine health certificates, customs clearance certificates issued by the customs should have the information of imported food, so the court determined that the goods involved are food that does not meet food safety standards. Because the defendant sold food that he knew did not meet the food safety standards, the plaintiff's demand for a refund of the payment and compensation ten times the price was justified.

【 Verdict 】

Through the representation of lawyer Wang Hong, the court finally supported the plaintiff's claim, and the defendant should refund the plaintiff's payment of 2,019 yuan within 10 days from the effective date of this judgment. The plaintiff shall return to the defendant 60 pieces of "imported Russian canned large military canned pure beef 525g" and 22 pieces of "imported Russian canned tin beef 500g" purchased by the plaintiff within 10 days of the effective date of this judgment, and the defendant shall pay the plaintiff compensation of 20,190 yuan within 10 days of the effective date of this judgment.