Online purchases of mobile phones cannot be returned without reason within 7 days after activation; consumers file lawsuits

Consumers File Lawsuits as Online Purchases of Mobile Phones Cannot be Returned within 7 days after Activation without Valid Reason

【Mobile China News】According to media reports, Mr. Zhang purchased a mobile phone from Shop B on Company A’s e-commerce platform. On the day of receiving the phone, Mr. Zhang activated it and downloaded a software that he needed for work. However, after installing the software, he found that it kept crashing and couldn’t be used properly. Mr. Zhang contacted customer service at Shop B to negotiate a return, but they stated that once the phone is activated, it is considered a second-hand phone and can only be returned if there is a quality issue. Unable to reach an agreement with customer service, Mr. Zhang decided to sue Company A and Shop B in court to request a refund.

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The court ruled that Shop B, the defendant in the case, should clearly inform consumers about the non-refundable situation during the sales process. Shop B prominently displayed “7 days no reason to return” above the product page, but the notice stating that “digitally activated products without quality issues are not eligible for the seven-day return policy, please confirm your requirements before activation” was placed at the bottom of the product details, making it not easily noticeable to the average consumer. Moreover, this notice was not mandatory for consumers to read before making a purchase.

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The court found that Shop B did not fulfill its obligation to actively inform and set up a prominent confirmation process, which constituted a flaw in the information disclosure obligations towards consumers. Therefore, the standardized clause was not applicable to this particular sale, and Shop B cannot refuse a seven-day return. Company A, being the operator of the e-commerce platform and not a party to the sales contract, did not make any commitments in favor of the consumer during the transaction and did not violate the plaintiff’s legal rights. Thus, the court did not support the plaintiff’s claims against Company A.

In conclusion, the judgment orders Shop B to refund Mr. Zhang within ten days of the judgment taking effect. Mr. Zhang is also required to return the phone within ten days, and he will be responsible for the shipping fees. Furthermore, the court dismisses Mr. Zhang’s lawsuit against Company A.

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