Mr. Hao said that on February 26th this year, he met Mr. Huang on an online forum, and the two often chatted on QQ. Mr. Huang mentioned that he had a pair of GOLF car headlights to sell, and coincidentally, one of the lamp feet on his own GOLF car headlights was broken, so he decided to buy a pair of headlights from Mr. Huang. The two discussed the transaction details multiple times on QQ, eventually agreeing on a price of 900 yuan, with him bearing the 50 yuan shipping cost.
Online Shopping Goods Damaged, Buyer Seeks Refund
Mr. Hao from Shanghai purchased a pair of GOLF car headlights from Mr. Huang in Beijing online. After receiving the product mailed by Mr. Huang, Mr. Hao discovered that one of the corners of the headlight was broken, so he requested a return and refund of the purchase amount and postage totaling 950 yuan. As the issue remained unresolved, Mr. Hao took Mr. Huang to court. Yesterday, the Dongcheng District Court held a trial for this case, and the QQ chat records between Mr. Hao and Mr. Huang became the key evidence provided by Mr. Hao to the court.
- Event: Online Purchase of Headlights, Received Damaged
Yesterday, both Mr. Hao from Shanghai and Mr. Huang from Beijing appeared in court. Prior to this, the two had never met in person but conducted a transaction via QQ chat. Mr. Hao did not expect that his first private transaction with an online acquaintance would cause significant trouble.
Mr. Hao said that on February 26th this year, he met Mr. Huang on an online forum, and the two often chatted on QQ. Mr. Huang mentioned that he had a pair of GOLF car headlights to sell, and coincidentally, one of the lamp feet on his own GOLF car headlights was broken, so he decided to buy a pair of headlights from Mr. Huang. The two discussed the transaction details multiple times on QQ, eventually agreeing on a price of 900 yuan, with him bearing the 50 yuan shipping cost.
After receiving the payment, Mr. Huang mailed the headlights to Mr. Hao. "After I opened the product packaging box, I found that one corner of the headlight was broken, but I could not find the detached corner in the box." Mr. Hao said that he had no choice but to return the product to Mr. Huang without receiving a refund. Mr. Huang explained: "I received the returned headlights and found all eight corners were damaged." Mr. Huang disagreed with returning the full amount. The two ended up in court.
- Outcome: Both Parties Reach a Settlement, Defendant Refunds 666 Yuan
During the evidence presentation and cross-examination stage, Mr. Hao displayed multiple pages of QQ chat records. "QQ chat records are key evidence; they can prove the transaction facts between the two parties," Mr. Hao said.
In their QQ chats, Mr. Hao requested that Mr. Huang send him a photo of the product beforehand to confirm there were no quality issues, but the other party assured him, saying, "No problem, I've only used it for less than half a year," and never sent the photo. In the QQ chat, Mr. Hao proposed conducting the transaction through Taobao.com, which could impose some constraints on both parties. Mr. Huang did not agree. They finally completed the transaction via mail.
Mr. Huang said, "The QQ chat records basically reflect the situation of our transaction. However, Mr. Hao has no evidence proving that the headlights were damaged." Mr. Huang believed that the headlights sent back by Mr. Hao could not be confirmed as his own, so both parties should bear partial responsibility.
Finally, both plaintiff and defendant reached a settlement, with defendant Mr. Huang refunding 666 yuan to Mr. Hao.
- Clarification: What is the Evidentiary Power of Chat Records?
So, what kind of evidentiary power do QQ chat records have as evidence? Lawyer Ma Guohua from Beijing Lanpeng Law Firm told reporters that QQ chat records as evidence have a certain level of evidentiary power, but must be supported by other evidence to form an evidence chain, only then can it be adopted.
"Existing laws and judicial interpretations were formulated before e-commerce emerged, so there is no specific provision for QQ chat records as evidence," Lawyer Ma Guohua said. With the continuous development of society, relevant laws and judicial interpretations need further improvement.
Currently, it is difficult to gather evidence when disputes occur in online transactions. Lawyer Ma Guohua said, "If QQ chat records are preserved as evidence by the notary department, its probative force will increase."
●Chat Record One:
Plaintiff: Do you have any photos? Preferably with the lamp foot.
Plaintiff: My lamp foot is broken.
Defendant: No. There's no problem, I've only used it for less than half a year.
Plaintiff's purpose: To prove that he had previously required the defendant to ensure the quality of the headlights.
Lawyer Analysis: Since both parties engaged in a network transaction, the model and appearance of the traded product are hard to determine. Once the product has problems, consumers find it difficult to claim compensation. Consumers should find pictures of the intended product online beforehand and keep them as evidence.
●Chat Record Two:
Plaintiff: Do you have an account or something like that on Taobao?
Plaintiff: Let's go through Taobao.
Defendant: ... I haven't used Taobao ...
Plaintiff's purpose: To prove that he had requested the defendant to provide some payment guarantee.
Lawyer Analysis: Online transactions carry significant risks. Both parties should conduct payments through neutral third parties like Taobao, which can protect consumer rights, constrain sellers, and preserve favorable evidence.