WeChat public article, Huang Zhengwei

WeChat transaction generates disputes, how to confirm the identity information of the counterparty

 

With the development and innovation of the times, trading in the form of WeChat and Alipay has been filled with our lives. We may not meet each other at the time of the transaction. If a dispute arises, how to confirm the identity information of the counterparty becomes a crucial link. This lawyer combines the following successful cases to analyze and discuss the identity information of the counterparty when trading with a stranger WeChat.

Brief introduction of the case:

Both Zou and Liu did not meet each other, and the two traded through WeChat. From March 8th to March 14th, 2017, Zumou reached a consensus on the purchase of the 2016 version of Sunscreen Sunscreen by WeChat and Liu. The two parties agreed to purchase a total of 522 sunscreen sunscreens from 2016. The unit price is 105 yuan / support, and the payment of RMB 54810 to Liu through the form of WeChat transfer, Alipay transfer, etc., Liu will deliver 522 products to the designated consignee through logistics.

After receiving the goods, Zou found that 522 "2016 version of sun-resistant sunscreen" delivered by Liu did not meet the product quality requirements. After many negotiations, he reached a return refund with Liu, and he passed the logistics form. Liu returned 400 sets of 2016 sunscreen sunscreen, and Liu agreed to return 42,000 yuan for a certain purchase. Liu passed the Alipay first to return the payment of 20,000 yuan to the company, the remaining 22,000 yuan was not paid according to the contract, and the other party passed the WeChat to Liu for the balance of 22,000 yuan, and through the text message, telephone form to Liu’s husband No, but nothing.

The referee said:

Zou and Liu have a real, legal and effective contract relationship. In the course of the transaction between the two parties, the two parties reached a consistent expression of the meaning of the establishment, performance and dismissal of the sales contract relationship through WeChat chat, which is binding on both parties. force. After Zou and Liu reached an agreement on the refund of 400 2016 sunscreen sunscreens, Liu failed to return the remaining 22,000 yuan to Zou in time, which violated the relevant provisions of the contract law. Liu was asked to continue to return the remaining 22,000 yuan. Therefore, the court supported Zhai’s claim.

Judgment result:

Liu returned 22,000 yuan in a payment within 10 days from the date of the legal effect of this judgment.

Comment on the judge:

With the development and innovation of electronic information commerce and modern communication forms, it has become a new trend for strangers to develop trade exchanges through forms of communication such as WeChat, Alipay and logistics. Because the parties to the transaction have never met each other, how to confirm the true identity of the counterparty and prevent the transaction risk, the transaction party needs to raise the risk awareness. The transaction party has the manager's high duty of care. In the lawsuit, the claim is required. The party to the right proves that the identity of the counterparty exists. After the self-introduction of Liu and Zou, Zou promptly confirmed the identity of Liu through the real-name registration of the mobile phone and the registration information of Alipay registration, and verified the relevant identity information of Liu through the resident information registered by the public security organ. The above-mentioned evidence of Zou can confirm Liu’s identity as the counterparty of the counterparty, and the court confirmed the true existence of the trade between Zhai and Liu through WeChat and other forms.

Lawyer's comment:

Through the medium of WeChat, one party issues an offer, and the other party makes a promised contract. In fact, the contract with the company through e-mail commitments has the same contract. The difference is that the transactions between enterprises can know the name of the company and query the relevant information of the enterprise through the national credit information publicity system. On the WeChat transaction, both parties may be only WeChat friends, not only failing to know or even knowing their names. Once a dispute has been brought to the court, if the defendant is admitted to the court to admit that it is okay, the defendant who encounters the blasphemy is not in court or denied it. It is very difficult for the plaintiff to prove the identity of the counterparty.

Lawyer's advice:

When dealing with strangers on WeChat, how to confirm the identity information of the counterparty, improve the awareness of risk prevention, and make the following suggestions:

1. When you add WeChat, you can chat, familiarize yourself, and look for opportunities to exchange names;

2. Check if the other party's micro-signal has a pinyin, birthday or information with obvious personal identity;

3. Ask if the relevant photo of WeChat avatar or circle of friends is his or her own;

4. Find out whether there are any names, residences, birthdays, license plates, likes of friends in the circle of friends, etc., which can provide relevant clues for confirming the identity of the other party in the future;

5. The screenshot records the information related to the other party such as QQ number, email address, bank card account, and region.

6. Ask the other party's phone number before the transfer, call to confirm the identity of the other party and the transaction facts. It is best to keep the voice record of the call with the other party;

7. If the transaction amount is large, you can ask the other party to provide a bank account number, transfer the money by way of transfer, and retain the transfer voucher;

8. If you take the method of self-raising or home delivery, confirm the address on WeChat;

9. If you ship by post, keep the waybill voucher.

The above WeChat chat records, WeChat screenshots, telephone recordings, and mailing vouchers can all be used as evidence in future litigation disputes. But after all, "there is a specialization in the surgery industry." When encountering such problems and unable to solve them by themselves, it is recommended to entrust a professional lawyer to deal with them, so as not to miss the best opportunity to preserve the evidence.