‘Humming’ iPhone into stone: Possible imprisonment

On December 3, an owner of a clothing store in Dong Thap ordered an iPhone 12 Pro Max from Ho Chi Minh City. When the delivery staff arrived, because the store clerk was busy, he left the package without handing it over. After the shipper leaves, the buyer opens the package and receives the stone instead of the Apple smartphone.

The owner of a phone store in Ho Chi Minh City immediately sent another device to the buyer, and at the same time complained to the carrier. The delivery side then compensated the customer for an amount equivalent to the value of the iPhone 12 Pro Max.

In the opinion of the lawyer, if there is fraudulent behavior in this incident, the offender can be administratively fined or imprisoned.

Lawyer Nguyen Van Hau (Head of Law Office Nguyen Van Hau et al, Ho Chi Minh City) said that the case of insufficient signs constitutes the crime of fraud and appropriation of property under the Criminal Code 2015, amendments and supplements. In 2017, violators will be sanctioned for administrative violations according to the provisions of Point c, Clause 1, Article 15 of the Government’s Decree 167/2013 / ND-CP dated November 12, 2013.

Accordingly, those who use deceitful tricks or run away to appropriate the property of others will be fined from 1,000,000 to 2,000,000 VND; at the same time, they will be subject to the application of an additional sanction of confiscation of material evidences and means of administrative violations.

According to Article 174 of the Criminal Code 2015, amending and supplementing 2017, if the property is appropriated with the value of VND 2,000,000 or more or has been administratively sanctioned for this behavior but also recidivism with the fine create non-custodial custody for up to 3 years or a prison term of between 6 months and 20 years or life imprisonment depending on the severity of the offense.

In addition, violators may also be fined from VND 10,000,000 to VND 100,000,000, banned from holding certain posts, banned from practicing or doing certain jobs for 1 to 5 years, or partially confiscated, or all assets.

How to protect the interests of buyers and sellers?

When an incident occurs, fraud can come from any side including the buyer, the seller, and the shipping intermediary. All parties should retain evidence to provide as needed.

According to lawyer Hau, when buying goods on the Internet environment, sellers and shops need to find reputable delivery units. When delivering, it is necessary to take pictures of the package and confirm with the delivery unit the goods included in the package, to avoid being swapped. It is necessary to save information of the delivery person such as name, phone number, number plate, delivery time together with identification documents to serve as evidence.

After delivery to the carrier, the seller needs to immediately send the information and pictures of the package (if there is a video during the packaging, then send the video) for customers to confirm inside the package during the package. and identify the identity of the package.

In case of a dispute, these are considered as evidences to properly protect their rights.

For customers and buyers, when ordering, it is necessary to ask the store carefully for information about the goods, if texting, it is possible to take a screenshot, if the call is made, record the call. Must choose a reputable shopping place with an address, clear owner, and sold products need to be inspected according to regulations to have a basis for solving if any problems arise. If you don’t have any specific information, don’t buy. To verify this, consumers can use search engines to assist.

Buyers need to provide complete and authenticated information about their receipt as well as record the seller’s information. Request shipping video, photos, and shipping from seller.

Upon receiving the goods, the consignee should open the inspection, feel it is necessary or the item has value, it is necessary to take a video recording at the opening of inspection. If the courier does not allow the goods to be opened for inspection, they can refuse to accept the goods. If the goods have no value equivalent to the advance amount, you should verify with the sender. Contact the seller directly about the wrong goods as required.

In addition, consumers should be wary of items that are cheaper than their real value. Promotions or discounts may be available, but inquire carefully for product information. Ask the store to provide clear information about problems that arise and how to handle them, especially issues like warranty, returns, refunds …

The lawyer also said that it is not advisable to transfer the large amount without receiving the goods. If you are unsure of the origin and trustworthiness of the seller, you should not buy the product, no matter how cheap and advertised it is.

After receiving the goods, the buyer should save information such as order confirmation code, payment invoice… in case there is any loss or mistake. Besides, shoppers need to be careful when providing their personal information.

For the carrier side, when receiving the delivery, the consignee should open the goods inspection. If the sender does not allow the goods to be opened for inspection, the consignee may refuse to accept the delivery. If the goods have no value equivalent to the advance amount, it is necessary to verify with the sender at the same time that if the goods are prohibited items, the carrier has the right to refuse delivery and report to the authorities. power.

When receiving goods for delivery, it is necessary to take photos of the goods, authenticate the sender and receiver with identity cards or important documents and take photos of the identity card and photos of the shipper.

In the event of a dispute, the attorney advises the parties to immediately contact the authorities to clarify the case to ensure their correct rights and legitimate interests.

Hard to save evidence

In the event of such incident, lawyer Vu Quang Duc (Ho Chi Minh City), citing Article 9 of the Law on the Protection of Consumers’ Rights, stipulates the obligation of consumers to check goods before receiving them. When checking in, the buyer is required to record video as proof of the package to provide for any further complaints.

However, in fact, many customers buy online because they are busy, afraid of losing time, so they do not take measures to save evidence. Not to mention, many cases ask for help or ask delivery staff to leave the apartment hall, company security room, …

Delivery staff themselves because they have to deliver at many different addresses, so they do not want to waste time on specific cases. The failure to meet the customer directly when delivering the goods also often happens, if we comply with the regulations, it will take time for both sides.

In this 3-way relationship, sellers are often more proactive. For experienced sellers, the items of great value, before being delivered to the shipper, usually have to sign the receipt, even take video as evidence.

Professional transporters often have rigorous procedures in place to prevent fraud, so they are also experienced in recording evidence.

Most buyers are less experienced, so for items of great value, they should open the package and check the status of the goods in front of the forwarder for a facility to handle later.