First of all, it is difficult to determine that the store's behavior constitutes fraud. Fraud refers to the act of defrauding a large number of public and private property for the purpose of illegal possession. Subjectively, it requires intentional and illegal possession of public and private property. Objectively, it is a deceptive act of fabricating facts or concealing the truth, which makes the property owner or manager have the illusion and believe, so as to "voluntarily" hand over the property. It is difficult to identify fraud because the store has delivered the goods, and it is difficult for you to prove that the goods delivered by the store are inconsistent with the goods you ordered online. You don't have a written contract to prove this, and you don't say what goods you bought. It's hard to say the value of some goods. Now the store can find them, right? Therefore, it is difficult for you to prove that the store has the purpose of subjective intention and illegal possession, and there is not enough evidence to prove that the store has objective fraud. Therefore, I don't think there is fraud in the store. Moreover, the subject of fraud can only be composed of natural persons. Do you think the store has a formal business license? Is it an independent legal person? If it is an independent legal person, the legal person cannot be the subject of fraud! The other party may also constitute a crime of contract fraud!

Secondly, I think it is better to solve this case through civil litigation. Judging from what you said, it is obvious that the other party's performance of the contract is not in conformity with the agreement. You can ask the other party to continue to perform and compensate you for your economic losses, or you can claim to terminate the contract because of the fraud of the other party. Both parties can return it to the other party and ask the other party to compensate you for your economic losses! Before, you need to collect evidence to prove the contents of the contract you signed and check the details of the other party. Is it a legal person? Legal representative? Company address, etc. And keep the existing written evidence at hand! You can also ask the other party to double the return on the grounds of fraud according to the Consumer Protection Law!

Third, you have a choice. You can report to the local administrative department for industry and commerce on the grounds of selling fake and inferior commodities or fraud, and the other party may bear administrative responsibility for this!

This is my suggestion. The information you provided is not very detailed, such as the contents of the contract. The key to this case is the acquisition of evidence, and there is also a question of litigation costs. It is generally required to sue in the defendant's place, so the litigation cost is relatively high!

The main legal basis is as follows:

criminal law

Article 266 Whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.

Article 224 Whoever, in the process of signing and performing a contract, defrauds the other party of property for the purpose of illegal possession under any of the following circumstances, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated:

(1) Signing a contract in the name of a fictitious unit or others;

(2) Mortgaging with forged, altered or invalid bills or other false property rights certificates;

(three) to perform a small contract or part of the contract first, to deceive the other party to continue to sign and perform the contract, and to have no actual performance ability;

(4) After receiving the payment for goods, advance payment or secured property paid by the other party;

(5) defrauding the other party's property by other means.

law of contract

Article 60 The parties shall fully perform their obligations as agreed.

The parties shall abide by the principle of good faith and fulfill the obligations of notification, assistance and confidentiality according to the nature, purpose and trading habits of the contract.

Article 107 If a party fails to perform its contractual obligations or fails to perform the contractual obligations in conformity with the contract, it shall be liable for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

Article 54 One party has the right to request a people's court or an arbitration institution to modify or terminate the following contracts:

(1) Due to a major misunderstanding;

(2) obviously unfair at the time of conclusion of the contract.

If one party leads the other party to conclude a contract against its true meaning by fraud, coercion or taking advantage of others' danger, the injured party has the right to request the people's court or arbitration institution to modify or cancel it.

The people's court or arbitration institution shall not revoke the request of the parties.

Article 55 In any of the following circumstances, the right of revocation shall be extinguished:

(1) The party with the right to cancel fails to exercise the right of cancellation within one year from the date when it knows or should know the reasons for cancellation;

(2) The party who has the right to cancel clearly expresses or waives the right to cancel by his own actions after knowing the reasons for cancellation.

Article 56 An invalid contract or a cancelled contract is not legally binding from the beginning. If part of the contract is invalid and does not affect the validity of other parts, the other parts are still valid.

Article 57 The invalidity, cancellation or termination of a contract shall not affect the effectiveness of the independent dispute settlement clause in the contract.

Article 58 After a contract is invalid or cancelled, the property acquired as a result of the contract shall be returned; If it is impossible or unnecessary to return it, it shall be compensated at a discount. The party at fault shall compensate the other party for the losses suffered as a result. If both parties are at fault, they shall bear their respective responsibilities.

Law of the People's Republic of China on Protection of Consumer Rights and Interests

Article 46 Where a business operator provides goods by mail order, it shall provide them in accordance with the agreement. If it is not provided in accordance with the agreement, it shall fulfill the agreement or refund the payment according to the requirements of consumers; And should bear the reasonable expenses that consumers must pay.

Article 47 Where a business operator provides goods or services in advance, it shall provide them as agreed. If it is not provided in accordance with the agreement, it shall fulfill the agreement or return the advance payment according to the requirements of consumers; And shall bear the interest of the advance payment and the reasonable expenses that the consumer must pay.

Forty-eighth according to the law by the relevant administrative departments identified as unqualified goods, consumers demand a return, the operator shall be responsible for the return.

Article 49 Where a business operator commits fraudulent acts in providing commodities or services, it shall increase the compensation for the losses it has suffered according to the requirements of consumers, and the amount of the increase in compensation shall be twice the price of the commodities purchased by consumers or the cost of receiving services.

Fiftieth in any of the following circumstances, the "People's Republic of China (PRC) Product Quality Law" and other relevant laws and regulations have provisions on the punishment organ and punishment method, which shall be implemented in accordance with the provisions of laws and regulations; Where there are no provisions in laws and regulations, the administrative department for industry and commerce shall order it to make corrections, and may give a warning according to the circumstances, confiscate the illegal income, and impose a fine of not less than 1 times but not more than 5 times the illegal income. If there is no illegal income, a fine of less than 1 10,000 yuan shall be imposed; If the circumstances are serious, it shall be ordered to suspend business for rectification and revoke its business license:

(1) The commodities produced and sold do not meet the requirements for protecting personal and property safety;

(two) doping, adulteration, fake genuine, shoddy, or substandard goods as qualified goods;

(three) the production of goods explicitly eliminated by the state or the sale of expired or deteriorated goods;

(4) Forging the place of origin of goods, forging or fraudulently using the name and address of other people's factories, forging or fraudulently using quality marks such as certification marks and famous brand marks;

(five) the goods sold should be inspected and quarantined without inspection and quarantine, or the inspection and quarantine results are forged;

(six) misleading false propaganda of goods or services;

(7) Deliberately delaying or unreasonably refusing consumers' requests for repair, rework, replacement, return of goods, replenishment of commodity quantity, refund of payment for goods and service fees or compensation for losses;

(8) Infringe on the personal dignity or personal freedom of consumers;

(nine) other circumstances stipulated by laws and regulations that damage the rights and interests of consumers should be punished.