“零首付用新机”“一口价黄金不告知克重”“美容院免费体验”
商家诱导消费的那些套路怎么破
● 有消费者投诉称，在线下店铺或线上平台购买手机时被商家诱导办理以租代购业务，陷入消费陷阱。投诉者中，不少是未成年人
● 在购买或者换新黄金首饰过程时，存在诱导购买一口价黄金的情况。对一口价黄金，一些商家不仅没有告知兑换规则，也没有明确标记首饰克重等
● 近年来，美容领域一直是套路消费者消费的重灾区，主要包括以免费体验为噱头将女性骗入美容院强买强卖、虚假宣传、洗脑办卡、花钱无效果等
□ 本报记者 韩丹东
□ 本报实习生 关楚瑜
回想起去年“买”手机的一次经历，来自贵州贵阳的学生李欣(化名)直言就是一场噩梦。去年4月份，她去当地一手机经销店购买一款价格为3000元的手机，店员一通忽悠，让她落入了以租代购的陷阱。
她告诉记者《法治日报》记者，店员鼓动她在某电商平台上下单“买”这部手机，称可分12期付款、享受低息优惠。她匆匆签了购买协议，当天支付了1140元，以为今后每个月只需要支付不到200元，没想到今后每个月都要支付490元。
“后来我才知道，这手机是以租代购，当时我付的1140元，其中650元是押金，490元是租金，以后每月都要支付490元租金，满12个月手机才归我。这么算下来，这手机的价格远远超过3000元。”李欣说，在又交了5个月租金共计3590元后，她还不上钱了，被电商平台催账，称要致电她通讯录里的人进行催收，这让李欣压力倍增。
这并非个例。在黑猫投诉平台上，近期有一批消费者投诉称，在线下店铺或线上平台购买手机时被商家诱导办理以租代购业务，陷入消费陷阱，其中针对上述电商平台的相关投诉就达643件。投诉者中，不少是未成年人。
实际上，生活中类似的消费套路还有很多，消费者一不小心就可能陷入其中，损失财产、影响平静的生活。那么，常见的消费套路有哪些？消费者又该如何预防和维权呢？近日，记者进行了调查采访。
零首付购买新手机
Sued for inability to pay rent
The reporter's investigation found that there are still many minors who rent mobile phones on the e-commerce platform like Li Xin.
Some of them said in their complaints that they had no idea what a rent-to-buy service was and thought they were paying for a mobile phone in installments.
Among them, some minors were also sued by the e-commerce platform due to their inability to repay the rent.
On November 21, 2020, Li Long (pseudonym), who had just turned 16, was induced by a mobile phone store clerk to rent a mobile phone on the e-commerce platform.
When he first arrived in Dongguan, Guangdong, Li Long's mobile phone accidentally broke. He happened to see a poster of "Buy a mobile phone with zero down payment in installments" on a mobile phone store, so he came to consult.
On the same day, the mobile phone selected by Li Long sold for less than 3,000 yuan.
According to the introduction of the clerk, he thought it was 3,000 yuan to be paid in 12 months, so he signed the contract readily.
As everyone knows, the rent is 520 yuan a month.
After reacting, he thought he had been deceived, so he didn't pay it back after a month.
At present, plus liquidated damages, etc., he owes a total of 10,571.08 yuan to the e-commerce platform.
It was not until he received the court's notice of court hearing that Li Long understood what was renting instead of buying.
The reporter logged into the official account of the e-commerce platform and found a price list of "rent as you wish", some of which require a down payment, while others do not.
The monthly rental price ranges from RMB 301 to RMB 515, depending on the phone model and memory.
For example, a mobile phone of a certain brand with an official price of 2,600 yuan, 8+256G, the down payment of the mobile phone is 0 yuan, and the monthly rent is 500 yuan.
After that, the reporter downloaded the mobile app of the e-commerce platform and found that if you want to apply for renting a mobile phone, you need to perform real-name authentication first, and upload a photo of your ID card.
After the application is approved, the contract needs to be signed within 24 hours. After the contract is signed, the goods can be picked up at the store according to the model applied for; if you choose logistics delivery, the platform will deliver the goods within two working days.
In order to further understand the situation, the reporter called the customer service of the e-commerce platform.
The customer service told reporters: "The product only has the right to use the product during the lease period. You can choose to rent it for 12 months or 9 months. After all the rent for the lease period is fully paid. We donate the right to use the mobile phone to the user, and the mobile phone is yours. "
During this period, the customer service repeatedly confirmed whether the reporter rented a plane for the first time, saying that if so, he needs to provide his name, address and work unit.
The customer service also said that if there is no stable job, the leasing business will not be handled now to avoid the situation of being unable to pay the rent.
So, can relevant e-commerce platforms provide minors with rent-to-buy services?
In this regard, Zhao Zhanzhan, deputy director of Beijing Yunjia Law Firm, believes that the rent-to-buy model is not illegal. It mainly depends on whether there are illegal acts in the operation process, for example, whether there is false propaganda, or whether the liquidated damages are too high. condition.
If the liquidated damages are too high, consumers can ask the court to adjust the liquidated damages after a dispute with them.
Liu Junhai, a professor at the Law School of Renmin University of China and vice-chairman and secretary-general of the Consumer Rights Protection Law Research Association of the China Law Society, believes that the rental and purchase platform has the obligation to accurately and completely inform consumers of the details of this business model, such as what is Leasing and purchasing, whether it is lease or purchase, or lease to purchase, etc.
"If they are defrauded, minors, parents or other guardians can protect their rights and interests in accordance with the law and request the termination of the contract. The merchant must return the fees that have been collected and bear the corresponding liability for compensation." Liu Junhai said.
"It is not only a matter of protecting the rights and interests of consumers, but also a matter of protecting the rights and interests of minors." Deputy Director, Communication Law Research Center, China University of Political Science and Law Director Zhu Wei believes that renting and purchasing is not suitable for conducting business for minors. If you have to conduct business with minors, you should also obtain the written consent of the guardian.
At the same time, relevant departments should review and supervise the rent of the rent-to-buy platform, so as to prevent the rent set by the platform from far exceeding the value of the product itself.
Sales refused to weigh
Buy-out gold is questioned
Before returning to his hometown during the Spring Festival this year, Chen Ming (pseudonym) went to a gold jewelry store in a shopping mall in Shenzhen.
During the purchase process, the clerk refused to weigh.
After the purchase, Chen Ming felt that the weight of the bracelet was very light, so he went to the store to apply for re-reporting, but it was still rejected.
Finally, he went to a nearby gold store to weigh and learned that the bracelet was only 9.07 grams, which is equivalent to 1 gram of gold for more than 1,000 yuan.
"Even if there is a processing fee, it won't be so high!" Chen Ming bluntly regretted it.
Coincidentally, on January 1, 2022, Shenzhen citizen Lin Xiang (pseudonym) saw that a store in a shopping mall in Shenzhen was engaged in activities, so he planned to buy a pair of gold rings.
In the end, Lin Xiang spent more than 8,000 yuan to buy a pair of gold rings with an original price of more than 9,000 yuan. When he went home, he weighed only 10 grams, and the price per gram was almost double the market price of gold.
At the beginning, Lin Xiang originally wanted to buy pure gold priced by gram, but in this store, there are only four styles of gold rings priced by gram, and the rest are all gold rings at price.
"There are too few styles of gold rings priced by the gram. Buy-it-all gold rings are fashionable, and I'm not consciously attracted to them. I didn't expect such a big 'pit'." Lin Xiang said.
Lin Xiang recalled that the clerk of the store had been guiding her to buy buy-price gold that day, saying, "These buy-price gold are new in style, with good hardness and color, and are not easily deformed. The most important thing is to look good when buying jewelry. Now the market price of gold is not high. It is stable, and buying pure gold denominated by gram does not preserve its value. If you really want to use it for investment, you can go to the bank to buy gold bars.”
When Lin Xiang took a fancy to the buy-price gold ring he bought, he inquired about the weight and processing technology, but the clerk refused to inform him, saying that the buy-price gold was sold at the fixed price and could not be weighed when purchased, nor was it informed of its use. what craft.
Under the guidance of the clerk's words, Lin Xiang finally bought the pair of rings.
"As a consumer, I should have the right to know the specific information of the product, including the gram weight and processing technology, but during the purchase process, the clerk concealed the product information, and even recalled the price tag of the ring, and there is no relevant I think it is very irregular, but I can only consider myself unlucky." Lin Xiang said.
"Later, I saw some well-known brand gold stores. The price of gold is marked with the gram weight and the specific process fee. You can buy it after understanding the detailed information. I think that is the only way to ensure the consumer's right to choose." Lin Xiang said.
In addition to Lin Xiang, many consumers reported on the third-party complaint platform that they were induced to buy gold at a fixed price when purchasing or replacing gold jewelry.
In the process of buying and exchanging one-price gold, not only did they not inform the one-price gold exchange rules, but also did not clearly mark the weight of the jewelry.
In the process of purchasing precious jewelry such as gold, can the clerk refuse to inform the detailed information of the product?
Zhu Wei told reporters that consumers have the right to know when purchasing goods.
According to the Product Quality Law and the Consumer Rights Protection Law, when purchasing precious metals, the gram weight and the quality guarantee certificate are required.
If these two things are missing, it is a typical fraud to let consumers buy goods in a blind box.
"Consumers have the right to know when buying precious metals, including understanding the gram weight, craftsmanship, exchange rules, etc. If the clerk refuses to inform relevant information, it will violate the consumer's right to know, right to choose and right to fair trade." Liu Junhai reminded , Consumers should learn to read advertisements clearly, sign contracts seriously, keep evidence calmly, and protect their rights according to law and rationality.
Take the free experience as a gimmick
Inducing customers to apply for card consumption
In recent years, the beauty field has also been the hardest hit area for routine consumer spending.
The reporter entered "beauty salon scam" on a social platform, and immediately retrieved the posts shared by many netizens who were tricked by beauty salons. In the comment area below the post, many victims with the same experience could be found. The amount of money they were defrauded was in Hundreds of dollars to tens of thousands of dollars.
On the black cat complaint platform, enter "beauty salon", and there are as many as 912 related complaints records. The specific reasons for complaints include but are not limited to deceiving women into beauty salons with free experience as a gimmick, forced buying and selling, false publicity, and brainwashing. Cards, spending money have no effect, etc.
The reporter's investigation found that many beauty lovers fell into the routine of beauty salons like this: they were stopped by salesmen at subway entrances and shopping malls, and they received a free experience coupon or a gift at the store to help them complete a task. Most of the young girls lend a helping hand out of kindness, but they fall into the consumption trap unexpectedly.
On December 14, 2021, the UP host "Give me a shot V" released a video of an unannounced visit to a beauty salon in Gangding, Guangzhou, recording how the service staff induced their consumption after entering the store.
At the beginning, the UP owner walked into the beauty salon after receiving a gift certificate for a free gift on the street.
On the road, he also asked the salesman whether it was free. After entering the store, the waiter asked him to register his name and phone number, and then performed a skin test on him, and then presented related products according to the skin condition.
When the UP master entered a room, the waiter said, "We have consumption here", and then smeared a very oily essence on his face, saying that if the skin absorbs it after a few minutes, it proves that the skin is in good condition.
Then he used a so-called skin dialysis machine to apply a circle on his face and said, "If the skin turns black, it means that the skin has a lot of garbage and toxins, and it needs to be deeply cleaned."
After applying it, the face of the UP master became dark.
A clerk came in and said, "The original price of this dialysis is 898 yuan, and now it is 198 yuan, and I ask him to sign the order." At this time, the technician took out another stock solution and said: "Apply it on the face, and after a few minutes, the black will become lighter, so there is no need for essence. The liquid is gone." During this period, the technicians and shop assistants continued to promote and ask them to buy the product.
随后，他带着被涂黑的脸直接出去，在附近某快餐店里用洗面奶洗掉了。
UP主表示自己之所以不购买产品，就是想知道导致脸变黑的到底是什么，清水是否能洗掉。后来他咨询业内的朋友才得知，技师在其脸上涂的是竹炭类的物质，用普通湿巾和洗面奶都可以洗掉。而很多消费者真以为变黑是脸上的毒素，于是被美容院进一步诱导消费。
对此，刘俊海认为：“美容院的强买强卖等行为，侵犯了消费者的选择权和公平交易权。”
朱巍表示，美容院的强制消费侵犯了消费者的知情权、公平交易权和自由选择权，有时甚至还可能侵犯人身自由权，因为他在你脸上涂上产品后，你要不付钱的话根本无法离开。
“如果美容院未经消费者允许直接使用产品，消费者可以事后主张退费，或者主张合同无效，市场监督管理部门也应该对这种强买强卖行为进行严厉查处。”朱巍说。
“希望消费者树立理性消费、科学消费、文明消费的理念，不要被一些美容院的办卡优惠活动所迷惑。”刘俊海提醒，如果美容院强买强卖，可以让法院进行确认并请求撤销合同，把卡内的余额退还给消费者；如果存在欺诈，商家还要承担三倍的赔偿。