merchants
who blindly buy "blind boxes" will lose
money by selling defective or inconsistent products in the name of blind boxes. China Consumer Association prompts
● In recent years, blind boxes have become a hot commodity in the market. Many brands have joined the market and launched blind box products with their own characteristics.
● The official website of the China Consumers Association recently released a consumer reminder that some operators used blind boxes to clear inventory, harming consumers' legitimate rights and interests, disrupting the market, and reminding consumers not to buy blindly
● Consumers should recognize the uncertain nature of blind boxes, understand their inner needs when buying, try to choose strong and perfect after-sales service merchants, and consume rationally in combination with their own economic capabilities
□ Our reporter Han Dandong
□ Wang Xue, an intern of our newspaper
"The fascinating thing about the blind box is that you never know what you will get in the end." Yue Yue, who often buys the blind box, told the reporter of "Rules of Law Daily", "Sometimes the moment the box is opened, it feels like you have won 5 million yuan. It’s like a big prize, but sometimes it’s really disappointing."
Blind box is a product originated from Japan. It refers to a box containing different doll figures without any style reminder. Generally, there are a series of 12 styles, and the buyer can only know the content after opening it.
A few days ago, the official website of the China Consumers Association issued a consumer reminder that some operators used blind boxes to clear inventory, harming the legitimate rights and interests of consumers, disrupting the market, and reminding consumers not to buy blindly.
Blind box products are highly sought after
Derive a variety of new gameplay
In recent years, blind boxes have become a hot commodity in the market, and many brands have joined the market and launched blind box products with their own characteristics.
Among them, the more successful brands in the domestic market include Bubble Mart and MINISO.
With the rise of live broadcasts, more and more anchors have begun to use blind boxes to sell goods.
Why are blind boxes favored?
According to people familiar with the matter, blind box sellers often create popular blind boxes. For example, the Molly series has 12 styles and comes with a hidden version, but the probability of winning the hidden version is relatively low, generally 1/71, 1 /144, it’s easy to get repetitive or unwanted blind boxes, resulting in new ways to play such as "changing baby" and "changing baby".
"Change baby" refers to that some blind box players will change some fixed models of dolls, change the color, and make "limited models" by themselves. The price of a single change of dolls in the market reaches thousands of yuan.
"Swap baby" means that players who have drawn duplicate or dissatisfied blind boxes exchange blind boxes on a fixed interest group or second-hand trading platform, and at the same time make up the other party's price difference.
Xiao Li, who has done a "baby swap" transaction, said: "The one that ordinary blind box enthusiasts want is often the hottest and the hardest to win. Because many blind box players want it, this leads to some People use this to speculate blind boxes, and when they are sold, they are often many times higher than the retail price, but there are always people buying them."
Ai Ai (pseudonym), who used to spend a lot of money to buy the Molly Nutcracker Prince, told the reporter of the Rule of Law: "The threshold for playing blind boxes is low. You can buy blind boxes for tens of dollars to satisfy the curiosity of curiosity. The more you play, the more you spend. Because I would like to integrate into that social circle even more. Most people who buy blind boxes are young people, most of whom are office workers, and they can talk about many topics, which can also relieve stress."
A blind box supplier pointed out that there are thousands of hidden models on the market, and the ex-factory price is less than a fraction of the market price. It is the hype of merchants and scalpers, and the pursuit of players makes the blind box a "great profit." "product.
In this regard, Han Yingwei, a senior partner and attorney of Beijing Yingke Law Firm, pointed out that my country’s laws stipulate that most goods and services are subject to independent pricing power by operators in accordance with market rules. However, if improper methods are used to increase the price of blind boxes, Distorting the relationship between supply and demand will involve violation of market laws.
The law does not penalize price increases that conform to the law of value, that is, the law does not stipulate pure price increases as price violations, but if the price increase of the blind box violates Article 14 of the Price Law, they collude with each other and manipulate market prices. , Harming the lawful rights and interests of other operators or consumers is suspected of violating the law.
Shoddy, non-refundable, non-exchangeable
Merchants use blind boxes to clear inventory
It is understood that the blind box has developed into all walks of life, and the goods it contains are not only hand-made dolls, but also clothing, accessories, and electronic products.
In reality, some businesses also use lucky bags to refer to blind boxes.
A reporter from the Rule of Law Daily searched for keywords such as "blind box" and "fu bag" on the e-commerce platform, and most of the products that appeared were described as "mysterious lucky bags", "missing blind boxes", "extra value blind boxes", and "lucky lucky bag bosses are crazy." , But the basic requirements are "no refunds, no exchanges."
One of the lucky bags is described as "mysterious lucky bag picking up the blind box birthday goddess gift". Some users who have purchased commented that "many things are not used, and the packaging is gray, as if it has been stored for many years"; Another buyer commented, "I don't know whether it's worth it, I don't need it, except for a pack of tissues."
According to the survey, there are two types of merchants selling blind boxes on e-commerce platforms. One is specializing in blind boxes, and the other is dealing with other products, selling lucky bags or blind boxes, but they will basically write: The goods are delivered randomly, and are non-refundable and non-exchangeable.
According to a platform’s customer service, “It’s not recommended to buy blind boxes or lucky bags, because the merchant has said that they cannot be returned or exchanged, but consumers have quality problems and want to return the goods after receiving the goods, and the platform is not easy to negotiate.”
According to informed sources, clothing stores will do blessing bags as soon as the season changes, but the goods are shipped randomly, and the size and style are not selected by buyers, and they are not refundable. Cosmetics or food stores will also make blessing bags. The basic items sold are Impending commodities.
A cosmetics seller told the reporter of "Rules of Law Daily": "I will definitely let the customer service tell the buyer that the product is defective. As for what the product is, whether it is suitable for the other party, whether it can be used, and how big the defect is, we cannot guarantee it. , Will also explain in advance that it will not be refunded or exchanged, after all, the blessing bag is a kind of randomness."
University student Wang Xia (pseudonym) often buys lucky bags on e-commerce platforms. She told a reporter from the Rule of Law Daily: “There are about three types of lucky bags. They won’t be put on the shelves; the second category is welfare, the quality is good; the third category is garbage bags, and I don’t know what they are. It is estimated that they are products purchased from the order, even if they are charity."
It is understood that most of the goods received by buyers do not match the description, and the quality is uneven.
Mr. Li bought a lucky bag worth 199.8 yuan as a birthday gift for his girlfriend in a boutique store. "The moment I removed the gift was very embarrassing. It was a watch. It was very cheap. I felt that 39.9 yuan would be available for free shipping on the e-commerce platform. But the merchant told me that any lucky bag is worth the money. The watch is branded by OLEVS, but the watch brand I received is OLVES."
A buyer with the user name "Fun Bar, Egg Fried Rice" bought a lucky bag at a digital product store for 288 yuan, opened it and found that it was a Huawei mobile phone, but it had been used, and was told after being tested by the mobile phone store, " The battery board of the mobile phone is almost useless, just use it as a brick."
A reporter from the "Rule of Law Daily" found that some shops have a price of 19.9 yuan for the lucky bag, and the pictures are Huawei, Apple and other mobile phones. In the end, the buyers received earphones, mobile phone holders, mobile phone cases and other accessories. There are pictures and actual receipts. The product does not match the problem.
In this regard, Liu Deliang, director of the Asia-Pacific Cyber Law Research Center and professor of Beijing Normal University Law School, believes that according to the Consumer Rights Protection Law, the information on the products sold must be transparent, including price, quality, style, etc. The above behaviors are shoddy by sellers. According to the relevant provisions of the Consumer Rights Protection Law and the Contract Law, the use of false and true forms constitutes fraud.
From the buyer's point of view, if you know that there are various problems with the blind box, you still want to buy, it is a kind of shooting luck, if the amount is small, it is an entertainment, and if the amount is large and long-term, it is a gambling behavior. Gambling is prohibited by law. In the light of this, it will be subject to administrative penalties, while in the worst it will constitute a crime.
Han Yingwei believes that selling products that do not meet the quality standards under the name of blind boxes and using the rule of non-refundable and non-replaceable blind boxes as a reason will infringe consumers' right to fair trade.
If the style in the blind box is inconsistent with the advertisement of the business, it will also infringe the consumer's right to know.
Live Blind Boxes are shipped randomly
Relevant qualifications are difficult to guarantee
The investigation found that some merchants on the e-commerce platform sold blind boxes of live animals, that is, animals such as dogs, cats, tortoises, and parrots were packaged into blind boxes and shipped randomly.
During the interview, a vendor selling blind dog boxes stated that they were shipped randomly, and they would not be refunded or exchanged except for death issues.
In case of death during transportation, it can be reissued or refunded free of charge.
However, the merchants have avoided answering questions such as the source, breed, health status, and business license of the dog.
A reporter from the "Rule of Law Daily" contacted the platform's customer service and asked whether the platform can sell live blind boxes and what qualifications are required for the sale.
Reply from the merchant customer service: Two conditions are required, one is the store business license and the other is the veterinary drug business license.
After-sales customer service replied: It is not recommended to buy blind boxes, because merchants say that they cannot be returned or exchanged, and the delivery is random. If the merchant says it is a kitten, the result is an old cat. The platform is not easy to negotiate, and they The source of the goods is not clear, it may be a stray animal, and its health cannot be guaranteed.
A buyer named "Ding Ding" once bought a blind box of living things. He told a reporter from the Rule of Law Daily: "I have received a dog, very thin, one eye is blind, and the merchant is ignored. If you can raise a dog, you can't live with your conscience if you abandon it."
In addition to the blind box of the living thing, even the blind date market has begun to use the gimmick of the blind box to earn referral fees-many dating platforms call the blind box "opening blind box".
It is understood that some dating agencies call blind boxes for blind dates, and clearly mark the price. For example, the introduction fee of high education, height of 165cm+, and sweet looks is 10,000 yuan, and the introduction fee of medium education, height of 160cm+, and beautiful looks is 7,000 yuan.
A person familiar with the matter told the reporter of the "Rules of Law Daily": "This is done in private, just to make the other party curious. This is also one of the business. It depends on the customer's choice. It is not shown to them in advance. Too much information is revealed, they will understand after meeting."
Mr. Zhong, who has participated in this kind of blind date, told the reporter of "Rules of Law Daily": "This is the blind box opening. I don't know anything about the other party in advance. If I know it on the spot, the woman will be'worth the money' if the conditions are good."
In this regard, Han Yingwei believes that from a legal perspective, selling people as blind boxes violates the most basic principles of public order and good customs in the civil law and is prohibited by law.
When selling blind boxes of live animals as commodities, their behavior should also comply with the relevant laws and regulations on the sale of animals, and they must have a business license to operate the business. The pets sold should also provide relevant documents such as quarantine certificates as required. Relevant laws stipulate that the sale of relevant documents is carried out, which is suspected of breaking the law.
Market norms need to be improved
Consumers should consume rationally
Xiao Zhang, who works in Shanghai, likes to collect the blind boxes of the hero series. He filled his rental house less than 20 square meters with dolls. "I saw a hidden model for a month, and it cost 3800 yuan to buy it. My monthly salary is 8,000 yuan. I don’t have money for food, clothing, housing, and transportation. In the end, I borrowed 2,000 yuan from a friend to survive, but I’m still very happy to be able to buy the blind box I want. Hobbies." Xiao Zhang told a reporter from the Rule of Law Daily.
Li Chao (pseudonym), who works for an Internet company in Beijing, joined the trend of blind box speculation in 2019. He bought blind boxes from manufacturers, scalpers, etc., and waited for a while before selling them at a high price to earn money. Intermediate price difference.
Li Chao told a reporter from the Rule of Law Daily: "I was losing a lot. At first, I bought the goods crazy and sold well, but later I couldn't sell them. In addition to the impact of the epidemic, I should go to work honestly now."
In this regard, Liu Deliang believes that to be a rational consumer, one should make clear the product information before making a purchase.
Legally speaking, the conduct of blind sales to merchants cannot be left unchecked. In accordance with the relevant provisions of the Consumer Rights Protection Law, as well as the relevant regulations of business administration, merchants are required to clearly mark the price and clearly write relevant information about the product.
Han Yingwei believes that it is recommended that consumers recognize the uncertain nature of blind boxes, clearly understand their inner needs when buying, try to choose strong and perfect after-sales service merchants, and consume rationally in combination with their own economic capabilities.
Han Yingwei said that in order to better regulate the market, first of all, companies should conduct "self-inspection", starting from themselves, be honest and trustworthy, be true and transparent in marketing and publicity, and protect consumers' right to know.
Strictly check the product quality link and eliminate substandard products at the forefront.
In the after-sales service, actively fulfill the operator's obligations such as return, replacement, and repair.
The industry has strengthened its own supervision and established industry standards.
Secondly, relevant departments should intervene in supervision in a timely manner, clarify their regulatory methods and conduct effective management of various behaviors of businesses infringing on consumer rights.
Cartography/Li Xiaojun