Claim for return and refund of mask filters with unshipped order cancellation rejected 게시글 상세보기 - 등록일, 조회수, 첨부파일, 상세내용, 이전글, 다음글 제공
Claim for return and refund of mask filters with unshipped order cancellation rejected
Date
2021-04-01
Hit
775
For the fair settlement of this case, the petitioner purchased two boxes of mask filters (product name: Mask Compatible Filters 50EA, hereinafter the “Products”) from the respondent’s online shopping mall on March 21 2020 for KRW 30,150 but asked the respondent for order cancellation on March 23 2020. The respondent answered that the international shipping process had already been initiated and the petitioner might return them after receiving the Products on the condition that the petitioner bears the returning costs. The petitioner received the Products on March 30 2020 and re-asked for return, and the respondent asked the petitioner to pay KRW 40,000 for returning costs, hence this dispute.
The petitioner asked order cancellation.
The respondent answered that the petitioner bears the returning costs.
Under Article 17(3) of the Act on the Consumer Protection in Electronic Commerce, Etc., the petitioner may cancel the order within three months from the date of receiving the goods or within 30 days from the date the petitioner knew or could have known the fact that the contents of the goods are different from what was indicated or advertised or have been performed differently from the terms of the contract. As the petitioner requested order cancellation feeling uneasy about filters made in China after reading a media article about Chinese filters, this does not constitute a case where the contents of the goods are different from what was indicated or advertised or have been performed differently from the terms of the contract. Article 17(1) and Article 18(9) of the same Act provide that consumers who concluded contracts with a mail order distributor on the purchase of goods may cancel the contract within seven days from receiving the goods, and relevant costs should be borne by the consumer. The petitioner concluded the purchase agreement for the Products on Saturday, March 21 2020 and requested order cancellation on March 23 2020 that was one week before receiving the Products, constituting legit contract cancellation within the due period and the petitioner should bear costs of return. The petitioner raised a question about the fact that the order was marked shipped when the petitioner received the Products and made the cancellation request on March 30 2020, but the shipping details submitted by the respondent shows that the Products were already shipped to Korea on March 22 2020 prior to the petitioner’s order cancellation request on March 23 2020, and as the respondent, in the product description page, stated that returning products where the consumer changed his/her mind would incur round-trip shipping costs of KRW 40,000 and refunds would be made after deducing that amount. Thus, it is reasonable that the petitioner bears the cost for returning the Products, Provided, given that the purchase price of the Products was KRW 30,150 and deducing KRW 40,000 as round-trip shipping costs is deemed excessive, that the petitioner should be liable for returning costs but for convenience’s sake it is reasonable that the respondent bears shipping costs and makes refunds after deducting the round-trip shipping costs from the purchase price, the intention of dispute settlement to resolve disputes by mutual concession and pursuant to relevant laws, and all other circumstances, it is reasonable that an amount calculated by deducting KRW 20,000, 50% of the claimed round-trip shipping costs of KRW 40,000, from the purchase price of 30,150 is returned, and the decision has been made as stated above.
1. The petitioner shall hand over masks purchased on March 21 2020 (product name: Mask Compatible Filter 50EA, Set of 2 Boxes) to the respondent, and the costs and expenses for the hand-over shall be borne by the respondent.
2. The respondent shall pay the petitioner KRW 10,150 no later than three days after receiving the masks as stated Paragraph 1.
3. In the event that the respondent delays the payment payable under Paragraph 2, late-payment penalties at a rate of 15% per annum calculated from the expiry of the three-date payment due stated in Paragraph 2 to the date of full payment shall be added.
