The inspection obligation for live delivery cannot stop at "seeing the certificate"
Li Yingfeng
A few days ago, Luo Yonghao’s team issued an announcement stating that some of the “Pierre Cardin” brand woolen sweaters sold live on November 28 were identified as non-wool products after being inspected, and that all consumers who bought the product will be compensated three times.
Luo Yonghao denounced the supplier of the sweaters for suspected of forging documents and forged counterfeit and shoddy goods, suspected of deliberate fraud, and has reported to the public security organs.
These days, there was Simba in the front and Luo Yonghao in the back, both of them overturned because of the live broadcast of goods or "fake" live broadcasts.
Luo Yonghao frankly admitted the problem at the first time and gave a three-fold compensation plan. It did show a certain degree of sincerity in defending rights. It was praised by many netizens as "responsible", and he also calmed the hearts of consumers to varying degrees and protected Luo Yonghao himself. And the image of the team.
However, this "sincere attitude" or "responsibility" of after-sales rights protection cannot conceal Luo Yonghao's responsibility for oversight and failure before or during the live broadcast.
Luo Yonghao stated that before cooperating with the supplier, he had signed a complete legal agreement and contract, and checked various certificates (including the brand authorization letter, the distribution authorization letter, and the authenticity inspection report), which was suspected of forging documents by the supplier , Suspected of forging counterfeit and shoddy goods, suspected of deliberate fraud."
The implication is that Luo Yonghao has fulfilled the relevant inspection and verification obligations, and he was also deceived. The responsibility for the live-streaming of fake sales rests solely with the supplier.
actually not.
At present, there is no clear legal definition as to whether the nature of live streaming products is advertising endorsement or sales. It needs to be analyzed in combination with specific scenarios, behaviors, contracts, and responsibilities.
But whether it is from the perspective of advertising endorsements or from the perspective of sales, spokespersons or sellers must perform strict inspection responsibility or product-related fact confirmation responsibility and quality control responsibility.
Article 38 of the "Advertising Law" stipulates: "Advertising spokespersons shall recommend and certify goods and services in advertisements based on facts, comply with the provisions of this law and relevant laws and administrative regulations, and shall not be used for unused goods. Or a service that has not been accepted as a recommendation or certification.” According to this, even if the nature of the live broadcast is endorsement recommendation, the recommendation and certification of the anchor must comply with the facts and laws. In order to meet this statutory requirement, the anchor must have it before the live broadcast. Do the inspection homework well, not only check the relevant licenses, qualification certificates, test reports, etc., but also check the authenticity of these documents through relevant authoritative platforms and channels, and check and compare the recommended products, and Sampling some products is the safest and most reliable method.
If the nature of live streaming is sales, the anchor’s responsibility should comply with the "Product Quality Law".
Articles 33, 34, and 39 of the law clearly stipulate: “Sellers shall establish and implement a purchase inspection and acceptance system to verify product qualification certificates and other marks; sellers shall take measures to maintain the quality of products sold ; Sellers selling products must not be adulterated or adulterated, fake products may not be used as genuine, shoddy products, and substandard products may not be used as qualified products." As a seller, the anchor should use comprehensive methods to carefully check the products. Or the quality of the goods sold, bear the responsibility for certificate verification and quality control.
No matter from which point of view, the inspection obligation for live delivery of goods cannot stop at "seeing the certificate", cannot stop at the "contract agreement", cannot stop at the superficial article, but must have more substantial and effective fact verification and quality Check measures.
Obviously, Luo Yonghao’s team performed inadequate, in-depth, loopholes, and failed to meet legal requirements during the live sales of "Pierre Cardin" sweaters. This is the dereliction of Luo Yonghao’s team. It's worth reflecting on all the anchors and other live broadcast practitioners.
Comics/Chen Bin