– see the defendant evidence in court. Newspaper correspondent Liu Qiqi photo
customers sued each other for delivery of the goods and apologize to
news (reporter Zhang Jian) consumers Xia excellent website in the Amazon to buy 3 promotional watches, orders were canceled. Mr. Xia will Amason to court, ask for delivery has been ordered to watch and an apology. Yesterday morning, the case in Chaoyang Court hearing.
Xia v., in September 5, 2012, Amazon Co held promotional activities on its website, he received a discount code, with a preferential price to buy a EBOHR, seagull brand watches a total of 3. 3 days later, Mr. Xia received a notice of the mail, the site said that it can not be purchased for the purchase of the purchase, has canceled the order, and in the case of Mr. Xia without the original order information deleted. A few days later, Mr. Xia found on the website of Amazon Co, 3 of its orders are still on sale, but the price is much higher.
Xia believes that the two sides have set up a contract for the sale of the Amazon unilaterally cancel the order of the behavior of a serious violation of the legitimate rights and interests of consumers.
due to the online electronic transactions, the evidence can not be materialized, the plaintiff and the defendant have produced a large number of screenshots, screenshots and other evidence.
evidence for Mr. Xia, Amazon said, only issued a confirmation of the shipment, the order was established. Because the commodity is out of stock, the deletion order conforms to the related transaction custom.
yesterday, due to the large differences between the two sides, the court did not in court verdict.
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cancel the contract contrary to good faith
said that these orders have constituted a commitment to the contract, the contract has been established. The original order is not available because the order has been deleted by the defendant. Amazon site on September 8th and 9, respectively, to Mr. Xia sent a message to the plaintiff to cancel the order on the grounds of shortage. November 15th Amazon website screenshot shows that Mr. Xia was prepared to buy 3 tables are still in the sale, but the price is different. Because the defendant has the goods, the page can also be added to the shopping cart to prove that the defendant adequate supply, the stock can not be set up. The defendant out of stock on the grounds that the cancellation of the contract contrary to the principle of good faith.
the two sides did not set up the contract
Amazon’s agent argued that the site announced the use of conditions that are binding on both sides of the effective rules, both parties should perform. Amazon in the website home page and all pages are published using conditions, detailed list of their rights and responsibilities. At the same time, all of them, including Mr. Xia