Zhejiang, Hangzhou. Ms. Liu spent 798 yuan to buy a medium-length wool coat. After receiving the goods, it turned out to be a short one, so she returned the goods and received a refund. But then she received the short clothes. The store said that the clothes had a plaster smell and asked her to give her a dry cleaning fee of 30 yuan, otherwise she would refuse to accept it. But Ms. Liu refused the request.
The weather is cold, and Ms. Liu wants to buy a wool coat. When she was looking at the clothes, she saw that there was a very beautiful style of the clothes. She liked them very much. Although the price of is 798 yuan, it is not cheap, Ms. Liu, who pursues fashion, still bought it without hesitation. After paying for
, Ms. Liu was looking forward to the arrival of the goods. She looked forward to wearing this beautiful wool coat and being able to show it to her friends beautifully. Soon she received the goods and she couldn't wait to take the clothes home. After she got home, she planned to try them on.
But she found that the style of the clothes was not the style she bought, and the number of the size was not the one she could wear. In an instant, she lost her joy, so she packed her clothes, called the pickup officer, and chose to return the goods.
also went smoothly during the return process, because she had a good reputation and received a refund soon. After receiving the refund, Ms. Liu thought that this unpleasant experience of buying clothes was over.
But unexpectedly, Ms. Liu actually received this short dress again after a few days. She felt very strange because she had already received the refund, so why did she send her a piece of clothing. When she was confused, she saw three words written on the outside of the packaging: plaster smell. Ms. Liu didn’t know what the store meant.
When Ms. Liu was at a loss, the store contacted her. He asked Ms. Liu if she tried on the clothes after receiving them, so there was a plaster smell on the clothes. Because the smell affected the secondary sales of the clothes, he asked Ms. Liu to compensate 30 yuan for dry cleaning fees.
Ms. Liu felt very unreasonable about this requirement, because this dress was not the one I bought, and the size of this dress was large. I had 132 kilograms and couldn't wear large-sized clothes at all. How could I try it on? And how could I have a plaster smell when I was in good health during that period?
So Ms. Liu refused the store’s request because the store’s intention was very clear. If Ms. Liu was willing to refund the dry cleaning fee of 30 yuan, it would prove that Ms. Liu tried on this dress, , but in fact Ms. Liu did not try on it, why should Ms. Liu admit it?
So Ms. Liu told the store that they sent the wrong product and that she had received a refund, so she hoped that the store would take back the clothes. However, the store refused to accept the dress, insisting that Ms. Liu tried on the dress and asked Ms. Liu to compensate 30 yuan for dry cleaning fees.
Regarding this matter, Ms. Liu and the store did not negotiate successfully. Although she had received a refund, she could not actively return the clothes, but Ms. Liu is a relatively upright person, so she hoped that the store would give herself an explanation, so she invited a mediator.
The mediator contacted the store and said that this dress was not suitable for Ms. Liu at all, and she could not try on the clothes. In this case, I hope the store can take back the clothes.
This time, facing their contact, the store's attitude changed a lot. He said that he had already refunded the money and would not refuse to accept the clothes. They said the dress was sent in the wrong way. So they did not ask for dry cleaning fees again.
1. In this matter, since both parties are not buying and selling clothes face to face, for Ms. Liu, the problem she faces is that the style and size of the clothes are not what she wants, so she chose to return the goods, and the store asked her to compensate her for a dry cleaning fee of 30 yuan.
For the store, the problem he faced was that the returned clothes had a plaster smell, which affected the secondary sales of the clothes. So he asked customers who tried the clothes to pay a 30 yuan dry cleaning fee, but Ms. Liu refused.
How should each use legal means to protect its legitimate rights and interests when encountering the problems encountered by both parties?
2. In response to the problems encountered by Ms. Liu and the store owner, since both parties have their own reasons, in this case, the high degree of civil evidence is applied to determine which party's evidence is more convincing.
First of all, High degree of conscience is a method of cognition that judges based on the high probability of development of things, and is a method of cognition that people have to use when their understanding of things cannot meet the conditions of logical necessity.
Because in this matter, the store owner thought Ms. Liu had tried this dress, so it smelled of plaster. Ms. Liu denied that she had tried this dress, so everyone's perception of this matter cannot reach logical necessity.
Secondly, the principle of high degree of evidence is that both parties give opposite evidence to the same facts.
but there is no sufficient basis to deny the other party's evidence, should determine whether the proof of the evidence provided by one party is significantly greater than that provided by the other party, and confirm the evidence with greater proof.
In this matter, the store's evidence was that the clothes were sent to Ms. Liu. After returning, the clothes had a plaster smell, which affected the secondary sales. So Ms. Liu was asked to compensate 30 yuan for dry cleaning fees, but he did not have strong evidence to prove that the clothes were indeed tried on by Ms. Liu.
And Ms. Liu gave the evidence that the style of this dress is not the style you want, and the code number is not the code number that suits you wear. However, it is not ruled out that Ms. Liu tried on her clothes out of curiosity after receiving the goods.
. Since the store did not see the whole process of receiving the clothes, she could not forcefully prove that she had not tried the clothes. So in this case, it is necessary to judge that the proof of one party's evidence provided is significantly greater than the proof of the evidence provided by the other party based on the development of the matter.
According to Article 108, paragraph 1 of the Interpretation on the Application of the " Civil Procedure Law", if the evidence provided by to the parties who are burdened with proof of evidence, after review and combining relevant facts, and the existence of the facts to be proved is highly likely, it shall be determined that the fact exists.
In this matter, the proof of evidence provided by Ms. Liu will actually be greater than the proof of evidence provided by the store. Because this dress was not the style Ms. Liu bought, and Ms. Liu had 132 kilograms, and the size of the clothes was large.
Under normal circumstances, Ms. Liu cannot try this dress hard. On the other hand, when Ms. Liu received the clothes, she was in good health and did not use any medicine. She could ask people around her to give her a certificate that she had never put anything on her.
The store just sent the clothes to Ms. Liu, and thought that Ms. Liu had tried on the clothes with a plaster smell on it. Since this dress may have been tried on by other customers before it was sent to Ms. Liu, it may have been sent to others, and it is also more likely that others will try on this dress.
Therefore, in this matter, the proof of the evidence provided by Ms. Liu is significantly greater than that provided by the store. It can be seen that Ms. Liu has not tried the clothes, so in this case, there is no need to compensate 30 yuan for compensation.
What do you think about the store’s proposal to ask Ms. Liu to compensate 30 yuan for dry cleaning fees?
#I and the Constitution 40 years# # Lawyer comes to help# #Hangzhou headlines#
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