newspaper correspondent Xiao wo
online shopping time saving, low cost, can enjoy the "shopping", has become a popular way of shopping. But a lot of legal problems also arise, the jurisdiction of the online shopping dispute is one of them, and the package does not post a significant relationship between the jurisdiction of such cases.
February 2012, Mr. Wang bought 5 3G card charges in the Taobao online to Zhenhai District of Zhejiang city in Ningbo Province, the seller, 168 yuan each, a total of 840 yuan, Mr. Wang who bear the freight. Because the card is not activate the card, the month of February can not query the authenticity of the card, Mr. Wang in March, upon inquiry, found the card and the sellers are inconsistent with the description, Mr. Wang immediately find the seller consultation and complaints to the Taobao customer service. Several unsuccessful negotiations, Mr. Wang bitchy, and the seller to court.
at the beginning of April 2012, he filed a lawsuit to their Jiangsu province grassroots courts, request seller Zhenhai compensation 840 yuan. The seller receipt of the complaint, then put forward the jurisdiction objection to the application, that the case does not belong to the jurisdiction of the court of Jiangsu, the seller in Ningbo Zhenhai, and the performance of the contract in Ningbo Zhenhai, requested that the case be transferred to the Ningbo Zhenhai court.
Jiangsu province grassroots courts review that the contract should be Ningbo Zhenhai, Jiangsu court has no jurisdiction on the case, the seller’s objection to the establishment of. Jiangsu court transferred the case to the Ningbo Zhenhai court.
Zhenhai court accepted the case, Mr. Wang to the Zhenhai court judge to call, but said: "I am for the convenience of online shopping, can not think of such rights is not easy! I knew shipping a lawsuit in Jiangsu, I will choose the seller shipping. This lawsuit rights to Ningbo, the cost is too high, it The loss outweighs the gain."
finally, Mr. Wang and Taobao reached a settlement in Zhenhai court presided over the seller, the seller compensation 300 yuan, Mr. Wang, Mr. Wang withdrew the prosecution to the court in zhenhai.
– in the case of interpretation
buyer out of court jurisdiction in seller
Zhenhai court judge after the Court pointed out that, according to the civil procedure law, a lawsuit brought on a contract dispute, the defendant has his domicile or the contract under the jurisdiction of the people’s court. The Supreme People’s Court on the relevant judicial interpretation of the civil procedure law to further clarify, both the purchase and sale contract parties in the contract have stipulated the place of delivery, to the agreed delivery location for the performance of the contract; there is no agreement, contract determined in accordance with the mode of delivery; the delivery mode, delivery of goods to the place where the contract is performed; the self lifting way, in order to delivery for contract.
used the words "taobao.com delivery address" instead of "delivery address", although only one word, but it is not the same legal concept, the delivery address cannot be regarded as contract buyers fill in. In the online shopping, is often done by mail