[Explanation] "Double Eleven" pre-sale, known as "the most powerful of the year" discount, but after consumers placed an order in the live broadcast room, they found a lower price spot.
Recently, L'Oreal Paris was complained by consumers due to price issues.
Subsequently, L'Oréal issued an apology statement stating that the price deviation was due to the superimposed use of platform store discounts, and a special team has been set up to deal with consumer inquiries and needs.
In this incident, do consumers who bought high-priced facial masks have the right to claim compensation?
On November 18, Guo Xiaoming, a lawyer at Shanghai Zhonglian (Chengdu) Law Firm, made an interpretation.
[Concurrent] Guo Xiaoming, lawyer of Shanghai Zhonglian (Chengdu) Law Firm
The General Administration of Market Supervision’s “Interim Regulations on Regulating Promotional Behaviors” clarified that when carrying out promotional activities, operators should display information in a true, accurate, clear and conspicuous manner, and display the specific methods of discount calculation in a conspicuous manner or through store notices.
If the specific method for calculating the discount is not indicated or publicly disclosed, the quoted price at the time the operator accepts the exchange shall be used as the basis for calculating the discount.
Therefore, L'Oréal's promotion mechanism causes consumers not to enjoy preferential discounts, and consumers can claim for the losses caused.
The object of the claim is the party that makes the promotion, and whoever engages in the promotion will make a claim.
[Explanation] The lowest price promised by the live broadcast room has not been fulfilled, and the anchor involved said that if the brand does not have a corresponding solution within the stipulated time, the anchor will compensate consumers.
In this incident, what responsibilities should the anchor bear?
[Concurrent] Guo Xiaoming, lawyer of Shanghai Zhonglian (Chengdu) Law Firm
If the lowest price promised in the live broadcast room is not fulfilled, the anchor constitutes a breach of contract and shall bear the responsibility for the breach of the contract to the consumer and refund the price difference.
After the anchor assumes the responsibility, he can claim compensation from the brand.
On the other hand, if the brand directly advertises that the discount in the live broadcast room of the anchor is "the greatest strength of the year", but sets a lower price in the live broadcast room of its own, and is suspected of fraud, consumers can claim triple compensation.
[Explanation] In recent years, consumers have reported that the "Double Eleven" promotion has become more and more complicated. They originally wanted to simply wait for a discount. Unexpectedly, what they were waiting for were merchant routines and cumbersome after-sales rights protection.
How to enable consumers to have a better shopping experience?
Guo Xiaoming also talked about his views.
[Concurrent] Guo Xiaoming, lawyer of Shanghai Zhonglian (Chengdu) Law Firm
To avoid similar situations, merchants and anchors must be strictly self-disciplined and operate in good faith; secondly, the cooperation between merchants and anchors must agree on clear restrictions and liability for breach of contract; when consumers are shopping, the merchant’s price commitments, Pay more attention and screen more.
For e-commerce promotion routines, in addition to continuously improving laws and administrative regulations, market supervision and other administrative departments should also increase law enforcement and supervision, and e-commerce platforms should also manage businesses from the technical and institutional levels to prevent violations of laws and regulations and infringement on consumption. Acts of the legitimate rights and interests of the defenders should be severely punished to prevent others from doing so.
Reporter Shan Lu reports from Beijing
Editor in charge: [Ji Xiang]