Lawyer Kerdphol raised the case as a case study for shoppers. Can’t claim the product because it does not take video while opening the box The court ruled that the contract was unfair.void
On December 21, 2022, online shoppers probably will see each other until familiar with a recommendation signvideo recordingWhile unpacking the package to be used as evidence for claiming the product, but if forgotten, if there is no evidence, refrain from claiming in any case
about it Attorney Kerdphol Kaewkerd Posted a message via Facebook. Take the case as a case study for shoppers who forget to take a video while opening the product. One case at the Udon Thani Provincial Court The buyer received the product but did not take a video clip. as evidence When opening the parcel box, the result is that the product is broken and when requesting a return but the seller refused because the buyer did not take a clip as evidence while receiving the product
The customer then brought the case to sue. It is a consumer case. The Court of First Instance (Udon Thani Provincial Court) ruled that.. This statement is considered unfair contract a contract in which one party has an advantage the other party is unreasonable. In addition, the parties did not agree to the contract from the beginning. According to the Act on Unfair Contract Terms 1997, Section 4, paragraph three, the agreement is therefore void under Section 11.
Things to do The shipper should take a video while packing the goods. The recipient should take a video while unpacking the product. When there is a break, the shop must be responsible initially. and claim damages from the carrier not to push the burden on one side of the consumer
This type of case, in the manner of posting an announcement unilaterally, such as a lost car in a department store where the department posted an announcement that The lost car is not responsible. The Supreme Court has ruled that such message It’s a unilateral intention. It is an unfair contract, void under Section 11 (Supreme Court Judgment No. 10570/2557).
As for the case in Udon Thani Province not the end But there was an announcement similar to the lawsuit. According to the judgment of the Supreme Court No. 10570/2557, it is believed that the seller or the transporter should be liable as well.
However, some people suspected that And if the shop has a clip when packing the product, butcustomerno how fruitful lawyer clarified that “There is something right. You can claim with the transport company.”.