"Double Eleven" is here, the judge teaches you to use "fa" to settle accounts
□ Our reporter Xu Weilun
□ Correspondent Liu Gengchao Zhang Xiayi
The annual "Double Eleven" strikes again, and the final transaction price has become the focus of consumers' attention again. Starting in late October, various preferential warm-up activities began to be launched intensively.
However, many consumers are feeling that the promotion activities in recent years have become more and more complicated. It is not only necessary to fight for speed, but also to fight for history and mathematics.
So, what are the common routines involving preferential promotions in reality?
How should consumers discern?
To this end, a reporter from the Rule of Law Daily interviewed a judge of the Beijing Internet Court to help everyone use the "law" to understand the promotion.
Unknown rules, ask more
Retaining evidence is essential
"When it comes to exemption, everyone is immediately moved. In major shopping festivals, when the operators adopt the exemption method, they usually adopt the form of pre-arranged exemption rules and announced the list of winners afterwards. However, It’s hard for consumers to say whether there are any tricks in the process.” Beijing Internet Court Judge Zhang Lianyong cited as an example. In a previous case, consumers Xiaoli saw a store holding a promotional event and said that at 0:00 on the day of the event. The "first place on the hour" at the three time nodes at 10 o'clock and 22 o'clock is free of charge.
What is "the first place on the hour"?
Is the first person to place an order or pay?
With questions, Xiaoli consulted the store customer service about this doubt, and the customer service replied that "the payment time shall prevail."
For the content of these activities and customer service replies, Xiaoli also made screenshots for proof.
Subsequently, Xiaoli successfully placed the order at 22:00:00:00 on the day of the event, and the payment was successfully made at 22:01:01. Xiaoli, who has never lost the game speed, is determined to win this free order.
However, when the shop announced the list, Xiaoli found out that he was not on the list. The screenshots of the publicity showed that the exempted single person placed an order at 22:00:00 and paid at 22:03.
Why did you lose when you paid yourself faster?
Xiaoli did not expect that the explanation from the customer service was "the time of the order is to determine who is the first on the hour", and said that the whole process is calculated by the trading platform website, and the store cannot modify the order and time of the order. Xiaoli The order of is ranked third, which does not meet the exemption requirements.
In such a situation, Zhang Lianyong said that the exemption rules formulated by the store are part of the shopping contract between the two parties. When consumers meet the exemption requirements, the store must perform the contractual obligation to exempt the purchase price.
In this case, the publicity of the limited-time order-free activity did not indicate whether order placement is priority or payment priority. After consulting the store customer service, Xiaoli learned that payment is the priority, and the customer's response should be regarded as the store's response to the consumer.
Therefore, in the case that Xiaoli pays first, the shop should honor the waiver promise, otherwise it will constitute a breach of contract, and Xiaoli has the right to request the store to refund the payment.
"Because in the above-mentioned situation, the store has no subjective intention of fraud, and there is no fictitious actual exemption, so it is not a fraud." Zhang Lianyong said.
"Xiao Li provides a good example for consumers to defend their rights, especially in the aspect of proof. In our trial of quite a number of online shopping disputes, we will encounter consumers saying,'The page at the time was not retained.' When it comes to "I think it means this" and other regrettable situations, once such a situation occurs, it will be difficult to successfully defend rights." Zhang Lianyong reminded consumers that if they have questions about the preferential rules, they should communicate with the store in time , And pay attention to save order snapshots and chat screenshots for subsequent rights protection.
Lucky bag offers should be faithful
Fictitious price is fraud
In addition to the common form of promotion of free bills, "fortune bags" have also been the main promotion form of merchants in recent years, because they are full of mystery and often make consumers quite excited.
However, some merchants sell low-priced goods under the guise of "fubag", which may constitute price fraud.
During the "Double Eleven" shopping festival in previous years, Xiaoji found that an online clothing store launched the "Super Value Lucky Men's Lucky Bag (random style)" product. The sales page of the Lucky Bag stated that "Fortune Bag Uniform Price 949 Yuan" and "Fortune Bag" After seeing the words "all the goods are higher than 2399 yuan", Xiaoji was very excited and placed the order.
After receiving the goods, Xiaoji found that there was a coat in the lucky bag. Coincidentally, Xiaoji had paid attention to this coat before. In fact, the price of this coat was only 799 yuan before using the shopping vouchers and coupons.
For this embarrassing result, Xiaoji believes that the so-called "extra-value lucky bag" is a scam.
In response, Beijing Internet Court Judge Liu Gengchao stated that price fraud is prohibited by law. In the above case, the clothing store sold overcoats priced at 799 yuan at the same store to Xiaoji during the promotion period in the form of "extra-value lucky bags" for 949 yuan. In addition, it is marked on the sales page that "the goods in the lucky bag are higher than 2399 yuan", and his behavior constitutes price fraud. Xiaoji has the right to request the store to return the goods and pay punitive damages.
"In addition to this form, some merchants will also fabricate the original price, such as promoting the original price of 999 yuan, only 99 yuan on Double Eleven. In fact, the original price of 999 yuan has never existed, and there is no transaction record. A gimmick." Liu Gengchao reminded that in the face of various forms of price fraud, consumers are asking prices compared to the three, referring to user reviews, and beware of falling into price traps. Operators must mark the price in good faith. Price fraud under the guise of promotion will be subject to law. Punishment.
The spike price is a promise
Don't use the limited amount as an excuse
What is the most eye-catching word in the promotion?
It is a "spike".
However, many consumers find that the final payment they pay is not the "smash price" marked on the promotion page. Most of the answers they get after asking the merchants are "Limited quota", "Incorrect marking on the promotion page", and "Unexpected use of coupons" "All kinds of excuses.
Consumer Xiao Huang encountered such a bad thing. When he was looking for a graphics card online, he saw a product page marked "at a price of 799 yuan", so Xiao Huang placed an order for the graphics card, but actually paid For 1249 yuan, and finally did not wait for a partial refund or subsequent cash back.
For this reason, Xiao Huang found a merchant, and the other party said that when Xiao Huang placed the order, the limited products participating in the promotion had been sold out, so the transaction price was adjusted back to the original price of 1249 yuan, but there was no time to withdraw the advertisement.
Regarding this situation, Liu Gengchao stated that according to general online shopping transaction habits, the 1,249 yuan displayed on the product detail page is the product price, but the "hand-in-hand price 799 yuan" promotion information displayed on the promotion page contains the product specifications and models. Specific information such as price, price, etc., reflects the buyer's intention that the buyer can buy at the price of 799 yuan according to the rules of the activity.
Therefore, there are two explanations for the price of Xiao Huang buying the graphics card. One explanation is that the transaction price is 1249 yuan; the other is that although Xiao Huang paid 1249 yuan, the price can be achieved through cash rebates and other forms. 799 yuan.
"The Civil Code to be implemented stipulates that if the parties’ understanding of the contract terms is disputed, the meaning of the disputed terms shall be determined in accordance with the relevant terms of the contract, nature, purpose and principle of good faith; if there is a dispute over the understanding of the standard terms, it shall follow the usual Understand and explain; if there are two or more interpretations of the standard terms, an interpretation that is not conducive to the party providing the standard terms should be made.” Liu Gengchao said, the existing evidence shows that the above dispute is caused by the negligence of the store, so consider the store as the provider of the standard terms. , So it should make an unfavorable interpretation, that is to say, the actual transaction price of the graphics card should be 799 yuan, Xiao Huang can ask the store to refund the overpayment or refund the return.
For merchants, Liu Gengchao reminded that the preferential rules established by merchants should be clear and transparent, and should not explain inconsistent rules to consumers. They should respond to consumers’ queries about preferential rules in a timely manner, and they should not cancel orders without authorization. They should actively perform the contract in accordance with the agreement. , To allow consumers to actually get preferential results.
"Operating with integrity and standardizing operations will avoid a large part of the legal risks, and will also improve the operating efficiency of the store in the process of accumulating reputation and goodwill." Liu Gengchao said.