Disputes caused by express delivery damage have been common in recent years. For this reason, many people will choose to protect the price to avoid risks.
Recently, Mr. Wang, consumer, complained that SF company charged the insurance premium when delivering courier, but it was pushed every time when the goods were lost. The amount of compensation was priced by SF. Essence
The insurance price is 1,000 yuan compensation 700 yuan consumers do not know the rules of payment
According to consumers, Mr. Wang, on June 4, 2021, he spent 6,400 yuan auction a pair of white silk sneakers from idle fish. The market value was 7,400 yuan. The merchant shipped the goods through SF at 500 yuan. The courier was demolished in front of the courier and found that the shoe box was soaked in water, so SF had compensated 500 yuan.
Mr. Wang pointed out that because on the poison platform, the heels and shoes are encoded, and they are all supporting, so the damage of the shoe box has also caused losses to the product as a whole. Mr. Wang pointed out that his actual losses were 1400 yuan. This loss was converted based on the secondary market and recycling agencies. The 95 -point valuation loss of 95 points in cooperation was 1400.
Subsequently, Mr. Wang sent this water -made shoe box and shoes to the obtained objects. The insurance price was 1,000 yuan. During the transportation process, SF caused a secondary damage to the goods, which caused Mr. Wang’s pair of sneakers to be completely unable to trade.
According to the screenshot of the poison platform provided by Mr. Wang, the logistics status is “the platform’s quality inspection is not passed, the damage is damaged, and the buyer does not accept it.” Mr. Wang explained that for the first time, some buyers were acceptable, because the flaws were very small, and they would not deliberately investigate, but the second damage could not be sold at all.
Considering that SF had previously compensated 500 yuan, Mr. Wang did not propose 1,000 yuan in compensation on the basis of the insurance amount 1000, but instead claimed 900 yuan, but SF refused.
According to Mr. Wang, when SF communicated with him for the first time, the solution proposed was to pay 1,000 yuan to collect the shoes away. The second time he said that the compensation was 500 yuan, and the other party claimed that the biggest right of customer service was so much. “SF acknowledges that it is caused by his own mistakes, but you don’t want to pay so much.”
According to the recording provided by Mr. Wang, SF said that according to the current standards of the company, the shoe box sent to the poison APP is normal. However, considering the consumer’s feelings, it is specially done. “1,000 yuan, we pay 1,000 yuan for you. Indeed, the items are arranged for you, because your insured 1,000 yuan means that you think the value is 1,000 yuan. It’s your product. “
SF also pointed out that considering the loss of consumers, SF did not have to pay 1,000 yuan to force the items to recover the items. Instead, the special application is paid to 500 yuan. Damage does affect the sales of items, but it can only be based on your actual amount. Because you have a transaction with the poison APP of 7,400 yuan, the transaction amount of the transaction with you is 1,000 yuan, so the difference and the proportion are different. We pay the payment. The difference and ratio are also different. “
It is understood that the “Postal Law” stipulates the insured prices of the postal company, and other express delivery companies are implemented with reference, and the “Interim Regulations on Expressing Express” implemented on March 2, 2019 further further the insured behavior of other express delivery companies will be further implemented. It is clearly stipulated.
Article 27 of the “Interim Regulations on Express Express” stipulates that if the express delivery delay, loss, damage, or short internal parts shall be determined to determine the liability for compensation in accordance with the company that operates an enterprise and the sender agreed in accordance with the company and the sender.
However, Mr. Wang pointed out that the above -mentioned SF staff said that compensation should be agreed in accordance with SF’s insured agreement, but when he insured, he did not see the agreement he referred to (non -electronic transportation contract clause). I asked questions.
Mr. Wang proposed in the recording: “Whether the SF preservation cost is 1 yuan or 2 yuan. First of all, the money is harvested, that is, the default clause, not to say that when the compensation is compensated Reasonable, this premium and actual cost are unreasonable. You can tell me these things before providing this service. All you are talking about to me now are all the terms. I can’t see it. I pay this money. No one told me these things. “
In this regard, SF responded in the recording: “Consumers are connected to the courier brother, and the little brother is responsible for receiving the handle. To say the detailed clause, the customer does not know, yes, we have no way to propagate. “
In addition, Mr. Wang also pointed out: “SF said that unless I have a full insurance price, that is, 10,000 insurance prices are 10,000. However, if I am worth 10,000 insurance prices and 1,000, I can’t even get full compensation.”
In response to the rules of insurance insurance payments, a employee in the industry told Financial Network Technology that when the goods were damaged, consumers could provide the price and invoices of the goods to the courier. Can be negotiated with courier more compensation with this.
He said that once a medicine was sent to Beijing with a certain courier, the result was delayed. At that time, the sender did not guarantee the price. “Specific corporate compensation rules are different. For example, the rules of freight for SF’s unbeatable price are about 7 times, and other companies are 9 times.”
Mr. Wang expressed his dissatisfaction with 1,000 yuan SF’s final payment of 700 yuan. He said that first of all, SF did not say in advance that the insurance premium payment rules were allowed, allowing consumers to buy a guarantee without knowing it. As a result, it can only be priced by SF in the formal claims, which violates the principles of market fairness. Box pictures, courier proof, regulating monitoring, and providing value proof. Under the premise of confirming that SF caused damage, customer service is also allowed to push the skin, resulting in consumers spending a lot of energy and time.
Subtraction claims disputes occur from time to time
In recent years, with the continuous expansion of my country’s express delivery business, the appeal involved in postal business has also increased. Among them, disputes involving courier prices have been frequent, becoming one of the main issues in recent years.
Earlier, some media inquired about China Judgment Document Network that since 2014, 43 civil disputes on courier insurance premium compensation announced by the website. Last year, the number of cases of judging was 10 cases, and the express delivery company involved in the case included SF Express, Debon Express, and Zhongtong Express.
According to consumer reports, in May 2020, Ms. Liu sold a Canon camera with a market price of nearly 30,000 yuan through leisure fish, which spent 100 yuan for this. The camera screen was damaged and rejected.
Ms. Liu asked SF’s claim 20,000 yuan, but SF customer service said that she could only compensate 30 yuan SF freight voucher. According to reports, Ms. Liu said that she had taken a picture before, and the courier could also prove that there was no scratch before sending. After Ms. Liu negotiated many times and complained to the State Post General Administration, SF customer service expressed her willingness to compensate 500 cash, but Ms. Liu was not satisfied with the result and refused again.
In this regard, Beijing Guozhi’s Law Firm made an interpretation that SF Express mentioned in the “Express Transport Countermendance Terms”, “If the sender has chosen the insured price, the company will compensate for the value and loss ratio of the company. If the value of the entrusted object is higher than the actual value, it is compensated according to the actual value. “But this is also this one that allows SF Company to complain. Many consumers believe that as long as you buy this courier insured service, it is equivalent to giving this package for this package. After the insurance, the damage or loss will be compensated according to the amount of insurance, but this is not the case. Consumers’ minimum insured items did not get the proper compensation of SF, and because it was the terms of the format, SF has settled the notorities of “shop bullying guests”.
It is understood that under the current legal framework, the so -called format clause, that is, the parties’ pre -formulation of the parties in order to reuse and fail to negotiate with the other party when the contract is concluded.
Beijing National Advisory Law Firm stated that according to the “Contract Law”, the courier service enterprise and consumers established a logistics service contract. After the contract was established, the express delivery service company has the obligation to send the courier items on time and intact to the destination. When consumers make preservation of items, the courier company is compensated in accordance with the principle of contracts.
Wang Yang, a lawyer at Beijing Guozhi Law Firm, pointed out that the express transportation is damaged and consumers have difficulty in defending their rights. Although there are 47 provisions of the “Postal Law” on the “insured price”, each express company still formulates its own compensation standards and printed on the courier bill in a format clause. Consumers can only be forced to agree.
The lawyer suggested that consumers can enter the State Post Office to appeal when they cannot get compensation when they cannot get compensation, but they must meet the following conditions to appeal. First, they have complained to the courier company. Express companies accept complaints, but they are not satisfied with enterprise processing and response; the third enterprise complaint channels are not smooth, and the complaints are not accepted. If the consumption loss is large, it is recommended to use a lawyer to help defend rights.
According to media reports, on July 220, 2020, Mr. Cui sent a courier with SF in Tangshan City, Hebei Province. The destination is “Beijing”, with a shipping cost of 18 yuan, and the total cost is 39 yuan. However, the express was broken during the transportation process, the express packaging was damaged, and the porcelain inside was damaged.
However, Mr. Cui said that SF Company refused to compensate in accordance with the previously agreed “insured amount”. “The market price is about 5,000 yuan and the transaction price is 4,200 yuan.
In this regard, Zhejiang Hongyuan Law Firm pointed out that in this incident, SF failure failed to fulfill the contract agreement to transport Mr. Cui’s items to the agreed location.
Zhejiang Hongyuan Law Firm believes that for the compensation standards, SF’s collection of Mr. Cui’s goods did not file a objection to the amount of insurance proposed by Mr. Cui. Conditions, that is to say, when the contract was established, the value of the two parties recognized the value of 4,200 yuan. At the same time, the trading behavior of Mr. Cui and the buyer, Mr. Jin can also prove that the item is worth 4,200 yuan, and Mr. Cui is a full insurance price. According to the preservation rules of SF, SF shall be paid in accordance with the agreed insurance amount of 4,200 yuan. Mr. Cui.
In addition to the above cases, Financial Network Technology has noticed that the media has reportedly reported that the incident of complaints on SF Express’s insured prices have been reported in recent years. On the black cat complaint platform, more than 5,000 complaints about the dispute over SF preservation.
Express companies should do their best
In the eyes of some consumers, the work of the courier company is to send the courier safely to the designated place. Therefore, there is a suspicion of the service split and the responsibility for the transfer of the insured service. Always choice.
So, can the express company be exempted from the liability for the courier company?
In response, Yan Chuang, partner of Beijing Zhongwen Law Firm, gave a negative answer to the media. In his opinion, the preservation clause provided by the express company belongs to the format terms and has the obligation to inform consumers. However, with the promotion of electronic orders, the display of platforms such as applets launched by express companies to display the terms of insurance service service clauses can easily cause consumers to ignore.
Earlier, some media had inquired about the case of the China Magistrate Document Network that the court’s judgment tended to ask for consumer demands when the courier company did not fulfill its insured notification obligations.
According to reports, in 2016, the plaintiff Tao sent valuable items such as emerald rough and emerald pendant through Zhongtong Express, worth 10,300 yuan, and the express delivery was not guaranteed. However, the expressway was lost, and the two parties could not reach an agreement on the amount of compensation, so they appealed to the court.
One of the dispute points in this case is whether consumers were told to insured the courier. One of the reasons for the defendant Zhongtong Express Express is that the express delivery details have reminded customers to send valuables to pay for valuable items, and indicate that the signing of the courier form means that the appointment of the sending staff has fulfilled the prompt obligation, inspects the internal parts and customers in person, and the customer Read carefully and agree with the contract terms on the back.
However, the court did not agree that Zhongtong Express had fulfilled his obligation. The judgment believes that the plaintiff Tao did not sign on the relevant bar. The defendant Zhongtong Express both contracted the items sent by the plaintiff and established a transportation contract. After sending the items, the obligation to keep well, and the loss of the item should be liability for civil compensation and refund the freight.
In addition, more disputes announced by the China Referee Document Network are that courier companies do not pay enough compensation when consumers insured.
There are opinions in the industry that there are still many contradictions in how much consumer and express delivery compensation is compensated in the end. The reason is that there are still problems such as irregular services or difficulty in performing contracts in the express delivery market. There are many difficulties in equivalent values, which will cause disputes over compensation.
Internet analysts believe that the key point of most preservation disputes is the fact that there is no clear standard for damaged objects. Therefore, there are many contradictions in evaluating losses and compensation pricing. The two parties should jointly negotiate and deal with. However, in order to solve the problem of express preservation, industry intensive and standardized development is needed to strengthen supporting insurance services.
He said that courier companies need to fulfill their obligations and further increase consumers’ awareness of the preservation clauses. In addition, courier companies can also think about consumers and try to improve relevant terms in order to promote the healthy development of the express logistics industry.