Overseas purchasing agents were sent from the spot in seconds, and found that they did not meet the food safety standards after the goods arrived, and the court ruled like this!
By: Date: 2021-03-27 Categories: chinesefood Tags: ,
  With the development of the national economy and the diversification of people’s material and cultural life needs, the consumption field covers various types of daily food, drink, housing, transportation, training, education, and entertainment. At the same time, consumers will encounter a series of problems and traps while enjoying the convenience and satisfaction brought by consumption. Therefore, rational consumption, increased legal awareness, cautious retention of evidence, and protection of rights and interests in accordance with the law are an important issue for happy consumption.

  Case introduction

   Mr. Li bought 30 bags of imported sugar on an e-commerce platform and paid RMB 2,250. On March 10, 2017, the candy was shipped from Panyu District, Guangzhou City, where the store is located, and Mr. Li signed for the goods on March 13, 2017. Later, Mr. Li found that the imported food involved had no Chinese labels, no entry-exit inspection and quarantine certification materials, and added propolis, a raw material that cannot be added to ordinary food. Therefore, Mr. Li sued the court and asked the store to return the goods and pay ten times the compensation. .

   court hearing

   After hearing the court, the court held that although the shop involved in the case was marked as a”global purchase certified merchant”, the food at issue sold to Mr. Li was a”domestic spot.” , The relationship between Mr. Li and the shop is a sales contract. As the shop is an operator, the food involved in the sales case shall comply with the provisions of my country’s food safety standards. The product involved was a normal food with propolis added, and it was a food that did not meet food safety standards. Therefore, the court ruled that the shop shall bear the responsibility of returning the goods and paying ten times the compensation.

   Judge’s Interpretation

   This case belongs to the situation that the goods in the purchasing agent are”domestic spot”. After purchasing goods from abroad, the agent puts the goods on the shelves for sale on his website. At this time, the agent has obtained the ownership of the spot goods. The act of selling to the purchaser is actually a resale behavior, and it forms a direct relationship with the purchaser. Therefore, the products sold by the operators in this situation should comply with my country’s food safety standards. During the purchasing process, the two parties generally communicate through the Internet. For such chat records, consumers should keep them properly and notarize them if necessary. The key elements such as the brand and quality of the products promoted by the merchants should be carefully checked, and do not blindly believe and be deceived. For Daigou products, consumers often can only submit copies of purchase invoices. These invoices are non-original invoices, which are likely to cause consumers to be at a disadvantage. Therefore, consumers should learn more about the specific purchases made by Daigou merchants during the purchasing process. Detailed information such as the process should be actively claimed for bills such as purchase vouchers.