Ms. Sun placed an order through the Hema app (Freshippo), buying several items, including a box of persimmon cakes worth 21 yuan. Less than an hour after delivery, Ms. Sun discovered mold spots on the persimmon cakes and immediately took photos for evidence, which she sent to customer service.
Ms. Sun: “They said it’s just frost and doesn’t affect consumption. But I sent them photos, and it should be clearly visible that it’s green and moldy.”
Ms. Sun proposed that according to the Food Safety Law, she should be compensated 1000 yuan.
On April 1st, customer service asked how many persimmon cakes were moldy. Ms. Sun replied that out of a total of 8 cakes, 3 were moldy. Customer service asked if a refund of 8.25 yuan was acceptable, to which Ms. Sun responded, “Are you kidding me?”
Ms. Sun stated that the persimmon cakes arrived already moldy, so they hadn’t been refrigerated for the past few days. During the interview, she mentioned that all 8 persimmon cakes had mold spots.
She told reporters that she had communicated with Hema multiple times until the sixth round.
Ms. Sun: “She contacted me directly and said I could take the food to the store for processing and compensation according to the Food Safety Law. I asked her, ‘Compensation of 1000 yuan?’ She said no, it’s 500 yuan. According to Hema’s newly introduced ‘Food Safety Law,’ if it’s less than 500 yuan, it’s compensated with 500 yuan; if it exceeds 500 yuan, it’s compensated with 1000 yuan.”
Ms. Sun: “Compensated with 500 yuan if it’s less than 500 yuan, and 1000 yuan if it exceeds 500 yuan. Who decided this?”
Customer service: “I am responsible for conveying this. This is our company’s agricultural and sideline product, within the shelf life.”
Ms. Sun: “It’s already moldy within the shelf life, and you still delivered it to me? Can you tell me about the latest regulations? Which regulation is this, according to Chinese law?”
Customer service: “It’s our company’s Food Safety Law.”
Ms. Sun said that this communication left her confused, and even more confusing was the seventh round of communication.
Ms. Sun: “An employee from Hema’s headquarters contacted me. He said this is an agricultural and sideline product and is not covered by the ‘Food Safety Law.’ He said he could help me get a refund plus triple compensation.”
Article 40 of the Agricultural Product Quality and Safety Law stipulates that agricultural product producers and operators selling agricultural products through online platforms should also comply with the provisions of laws and regulations such as the Food Safety Law and strictly implement quality and safety responsibilities to ensure that the agricultural products they sell meet quality and safety standards.
Accompanied by reporters, Ms. Sun went to the Hema Fresh Member Store on Hangxing Road, Hangzhou, where the person in charge recorded the reporter’s contact information. The staff said that the persimmon cakes were not currently on sale.
On the same day, later in the evening, the Hema PR department responded that they would provide compensation of 1000 yuan to the customer and reminded consumers to pay attention to storage.