- Tram Ho
Since the beginning of the month until now, there have been a few cases when customers who order high-end phones (mainly iPhone 12) online receive a stone or piece of iron. According to the lawyer, the buyer needs to have proof of wrongdoing when receiving the goods to be protected by law.
A person in Dong Thap bought an iPhone 12 Pro Max but received … a stone. (Photo: DDV)
Lawyer Vu Quang Duc (Ho Chi Minh City) said that Article 9 of the Law on the Protection of Consumers’ Rights stipulates the obligation of consumers to check goods before receiving them. Therefore, the buyer upon receiving the goods is obliged to check whether or not the purchased item is correct. Buyers need to record the opening process in the presence of the forwarder as evidence.
In case the buyer does not check the goods before receiving it, the arising cases will not have a basis for handling. According to a German lawyer, this is a legal loophole that needs to be reviewed and finalized later.
However, some forwarders believe that they are just the responsible party to receive the transport, the goods inside must be managed by the seller. Therefore, some delivery companies do not allow customers to see the goods. It is quite common not to open a product when purchasing goods through e-commerce sites.
According to the advice of a German lawyer, when buying online, customers should ask for the terms to be opened to view the goods before receiving them even though they have to pay extra fees, especially for high-value goods.
While receiving the goods, the customer should take a video or take a photo to keep the evidence. At the same time, it is necessary to keep records of invoices and documents related to the purchase and sale process to provide them when necessary.
If it is found that goods have been swapped, consumers can file a complaint with the Consumer Protection Association, the Department of Industry and Trade where it resides, or the Department of Competition and Consumer Protection (Ministry of Industry and Trade). In addition, users can file a complaint to the prosecutor’s office or to the police station where the incident occurred.
In order for online purchases to be transparent, according to German lawyers, the delivery parties need to approve the rule of the same check, that is, for customers to check customers before receiving them. On the side of the seller, it is necessary to choose an intermediary that allows customers to check the status of the goods when buying.
On the opposite side, the sales and delivery units need to have cameras to monitor the packaging and transportation of goods to ensure clear business processes.
Before that, on December 3, a person from Cao Lanh (Dong Thap) ordered an iPhone 12 Pro Max at a store in Ho Chi Minh City. On receiving the goods, in the box instead of the Apple phone, the person receives a stone. The sales side immediately dealt with it by transferring another iPhone to the customer, and at the same time complaining about the carrier. The forwarder then accepts the full value of the iPhone 12 Pro Max.
After this incident, in some other cases, customers ordered high-end phones, but received screws and iron, while purchasing the warranty package against shattering and loss.
Source : Genk