If the supplier transports the goods to the place specified in the contract on time and the e-commerce company has completed the inspection, but after a period of time, the e-commerce company suddenly finds that the goods have quality problems, what should the e-commerce company do in this case?
Zhang Xiaoli is the owner of an online store on JD.com. In early 2020, she purchased 200 pairs of women’s socks from a supplier. After completing the handover with the supplier and passing the inspection, Zhang Xiaoli began to sell these socks in her online store. However, not long after, a large number of buyers reported to her that the quality of the socks was particularly poor and they would have holes after wearing them a few times.
So, Zhang Xiaoli asked the supplier to exchange the goods. However, the supplier refused to exchange the goods on the grounds that the inspection period had passed. Buyers gave Zhang Xiaoli bad reviews because of the quality problems of the socks, causing a sales crisis in Zhang Xiaoli’s online store.
According to Article 157 of the Contract Law: “The buyer shall inspect the subject matter within the agreed inspection period when receiving it. If there is no agreed inspection period, it shall be inspected in time.” Therefore, inspection is the right and obligation of e-commerce companies. If the two parties have agreed on an inspection period, the e-commerce company should inspect the goods within the inspection period. If the e-commerce company suffers losses due to failure to inspect the goods in a timely manner, it is likely that it will need to bear the losses itself.
In addition, according to Article 158 of the Contract Law: “If the parties agree on an inspection period, the buyer shall notify the seller of the situation that the quantity or quality of the subject matter does not conform to the agreement within the inspection period. If the buyer fails to notify, the quantity or quality of the subject matter shall be deemed to be in compliance with the agreement.
If the parties have not agreed on an inspection period, the buyer shall notify the seller within a reasonable period after discovering or should have discovered that the quantity or quality of the subject matter does not conform to the agreement. If the buyer fails to notify the seller within a reasonable period or fails to notify the seller within two years from the date of receipt of the subject matter, the quantity or quality of the subject matter shall be deemed to be in compliance with the agreement. However, if there is a quality assurance period for the subject matter, the quality assurance period shall apply, and the two-year provision shall not apply.
If the seller knows or should know that the subject matter provided does not conform to the agreement, the buyer shall not be subject to the notification time limit stipulated in the first two paragraphs.
In In the above case, Zhang Xiaoli did not find any problems with the socks during the inspection period, nor did she provide effective evidence to prove that the hole was not caused by the buyer, so the supplier does have the right to refuse to exchange the goods. As a boss, Zhang Xiaoli certainly does not want to be unable to protect her rights and interests because she found out that the socks had quality problems after the inspection period. This also reminds us that we must specify the inspection period in the contract.
In addition, because some goods have hidden quality problems that may not be discovered during the inspection period, e-commerce companies should pay attention to the inspection of goods and do not sign the inspection report easily.
Tips
E-commerce companies should think of response strategies before problems arise, for example, carefully inspecting goods during the inspection period and specifying the quality standards of goods in the contract. For e-commerce companies, prevention is the only way to truly protect their legitimate rights and interests and avoid unnecessary troubles.