Online shopping needs to beware of the trap of "fictional original price" (according to the case)
[Case facts] Mr. Feng bought 4 pieces of "desktop computer memory sticks" on an e-commerce platform operated by a technology company.
The product details page stated: "The price is 2199 yuan, the promotional price is 1799 yuan, today's special price, our store activities over 200 yuan, minus 5 yuan".
The actual payment was 1794 yuan.
At the time of purchase, the customer service told Mr. Feng that 2199 yuan was the original price.
But later, Mr. Feng found that the price had never returned to the original price and felt that he had been cheated, so he filed a lawsuit in the court and demanded that the technology company pay three times the compensation.
The court held that the technology company did not provide necessary explanations for the marked price on the product details page, and the company’s customer service reply also indicated that 2199 yuan was the original price of the product, which would mislead consumers into thinking that the product had a transaction record of 2199 yuan. It is an act of fabricating original prices and false discounts, which constitutes price fraud.
In addition, the technology company marked 1799 yuan as a promotional price to deliver information about the discount rate.
False labeling of prices is enough to cause consumers to have a misunderstanding of the discount rate and generate purchase intentions. Therefore, the price fraud involved in this case constitutes fraud against consumers.
In the end, the court ruled that the technology company should compensate consumers three times.
[Statement] "Fictitious original price" refers to the fact that the original price indicated by the operator in the promotional activities is false, fabricated, does not exist or has never had a transaction record.
The “Provisions on Prohibition of Price Fraud” issued by the National Development and Reform Commission clarified that if an operator falsifies the original price, false discounts, and tricks others into buying, it should be a price fraud.
The judge reminded that merchants should not violate the law and public order and good customs when propagating products, and should conform to the actual functions and quality of the products, and cannot conduct price fraud or make false propaganda.
The judge reminded that consumers should avoid impulsive consumption as much as possible when participating in merchants' promotional activities, and adhere to the principle of honesty and credibility for online shopping.
If there are problems caused by non-consumer reasons, they can be resolved in accordance with the contract.
At the same time, consumers should also try to keep transaction snapshots, communication records and other evidence for subsequent rights protection.
(Organized by Lu Xuanang)
"People's Daily" (November 19, 2020, version 19)