(A) the basic facts

March 19, 2013, Yang Bo in the form of net purchases worth 15,123 yuan to buy a computer from e-business 付迎春 run one, the next single after the purchase price and mailing costs 95 yuan had been paid to the Spring Festival. On the same day, Fu Yingchun commissioned Bayannao'er Triangle Yuantong Express Co. Wulateqianqi Branch (hereinafter referred to as the courier company) delivery. The goods reach the place of delivery in the same month on the 24th after someone else impersonator. To this end, Bo Fu Yingchun delivery failed repeatedly requested, then sued the Inner Mongolia Autonomous Region Wulateqianqi People's Court, requesting an order the courier company, Fu Yingchun 15,123 yuan compensation for their computer models and mailing costs 95 yuan.

(B) the referee results

By appeal court found that Yang Bo in the form of online shopping to buy goods from 付迎春 place, to Fu Yingchun pay for the goods and mailing costs, Fu Yingchun as the shipper commissioned courier company will deliver the goods to Bo, are formed online shopping contractual relationship and contractual relationships Transportation . From the respective rights and obligations of the parties, the contract in online shopping, online banking Bo has paid the purchase price and postage, to fulfill the payment obligations of consumers, Fu Yingchun as sales under the terms of the obligation to Bo about delivery. Although Fu Yingchun goods have been shipped to the courier company, but in the transport process, staff at the time of delivery courier company did not verify each other's identity information without authorization will be handed over to others to sign the goods, the seller has not completed 付迎春 obligation to deliver the goods, a breach of contract, so the Bo Fu Yingchun request compensation paid 15,123 yuan computer models, mailing costs 95 yuan litigation request should be supported. According to the principle of privity of contract, the contract is only binding upon the Contracting Parties parties, the courier company will cargo wrong to others, belong to transport relations 付迎春 and courier companies. Courier company should be liable for damages in the present case, it is for Bo on courier company should be liable not to support the request. By the Court of Appeal judgment Bo Fu Yingchun compensation paid 15,123 yuan computer models and mailing costs 95 yuan. No party appeal.