Long delivery time, no goods are refunded

  Don't let "super long pre-sale" affect the online shopping experience (Online China)

  Our reporter Liu Leyi "People's Daily Overseas Edition" (Page 08, April 20, 2022)

  "The clothes I bought in winter have not been shipped since it's almost summer." "Some pre-sale orders have to wait for delivery even if the full payment is made." ... Recently, the topic of online shopping pre-sale has sparked a lot of discussion. Many netizens said that the long pre-sale period is overdrafting their enthusiasm for consumption.

  Long wait, overdraft consumer patience

  Pre-sale refers to the sale of products before they officially enter the market.

In recent years, with the rapid development of Internet e-commerce, online pre-sale has become increasingly common.

  "According to common sense, online pre-sale should be a win-win for consumers and merchants." Xu Guangjian, a professor at the School of Public Administration of Renmin University of China, believes that consumers can lock in popular products in advance through pre-sale activities, and can also enjoy "paying a deposit" Discounts” and other discounts.

For merchants, pre-sale activities can help them carry out planned production and coordinate warehousing in a timely manner, reducing business costs.

  Right now, this model is controversial.

  "In mid-March, I placed an online order for a coat. The sales interface did not display the word pre-sale, but after paying, I only knew that it was a pre-sale when I consulted the merchant for the delivery time. It took at least half a month." In Beijing Ms. Quan, who works, told this reporter that the pre-sale experience she has experienced ranges from a week or two to more than a month.

  The long pre-sale wait also gave Ms. Tao from Jinan, Shandong a headache.

She believes that a moderate pre-sale wait is understandable. After all, the production and transportation of some products do take time, but if the wait is too long, it is difficult to accept.

"If the quality is good, forget it. I'm afraid that the quality and size are not suitable, and I have to return it in the end, which is a waste of time."

  According to the investigation of Jiangsu Consumer Rights Protection Committee, at present, there are pre-sale behaviors on major online shopping platforms, and the waiting time generally ranges from 8 to 45 days.

According to industry insiders, some "net celebrity clothing" stores have long adopted the pre-sale model, and only 20 of the 100 new products may be in stock, and some orders are forcibly dragged into "blank checks" that cannot be cashed.

  Different labels, many pre-sale rules and routines

  It is understood that merchants favor pre-sale, which has its practical considerations.

  Mr. Xiao, who runs an online children's clothing store, said that the storage cost of goods in the clothing industry is relatively high, and once the goods are pressed, the funds involved are often large.

"Before the clothes were put on the shelves, or even before the sales rose after they were put on the shelves, we didn't dare to buy them casually. Only when the pre-sale data improved, would we go to the factory to place orders."

  "Sellers are generally divided into two categories: purchase and production." Ms. Zhao, an e-commerce practitioner, explained that the production cycle of goods purchased in stores is closely related to the supply and processing capabilities of upstream raw material suppliers and downstream OEMs, and she cannot control them. .

"And merchants who make their own products have many links from raw material selection to production and shipment. If there is a problem in any link, the delivery period may be delayed."

  Nonetheless, it is obviously inappropriate to transfer market risk to consumers.

  The reporter browsed multiple e-commerce platforms and found that the labels of different merchants for pre-sale products are not uniform.

Some can be clearly marked in the title of the product, some just attach a line of small characters to the product description, and even more, the delivery date is displayed after payment, and the specific delivery date can be changed again and again.

  In addition, some merchants use the pre-sale model as a means of marketing and publicity, deliberately creating the illusion of "exotic goods can live in", and once the pre-sale is less than expected, they will cancel the order for various reasons.

Li Weimin, a lawyer from Beijing Weibo Law Firm, said in an interview with this reporter that the operator unilaterally rescinded the sales contract without justifiable reasons, which violated the principles of fairness and good faith, damaged the legitimate rights and interests of consumers, and constituted a breach of contract.

The operator's pre-sale publicity is also suspected of false publicity, and it does not provide goods or services as agreed, which constitutes fraud.

  Improve the mechanism, supervision needs to be implemented

  The pre-sale has become a "routine", and the discount has become a "lip service". Can consumers only consider themselves unlucky?

the answer is negative.

  The "Measures on Punishment for Infringement of Consumer Rights and Interests (2020 Amendment)" clearly stipulates that if the goods or services are not provided as agreed, the agreement shall be fulfilled or the advance payment shall be returned according to the requirements of the consumer, and the interest of the advance payment shall be borne by the consumer, and the consumer must pay reasonable cost.

If there is no agreement on the refund, the refund amount shall be converted according to the calculation method that is beneficial to consumers.

  "Commodities can be pre-sold, but the quality and service must not be overdrafted." Lu Zeqian, a special senior researcher at the Business School of the China Academy of Management Sciences, reminded that consumers should take up legal weapons and protect their rights and interests in accordance with the law.

  Regarding the rectification of behaviors such as "not informed of pre-sale" and "refunded if no goods are available", platforms and regulatory agencies need to implement and effectively restrain them.

  "Legislative departments should further improve relevant laws and regulations and increase the cost of illegal and untrustworthy." Li Weimin said that from the perspective of supervision, it is necessary for the market supervision department to disclose to the public and punish operators who blindly pre-sell and maliciously delay shipments in accordance with the law. The chaos that exists in the schema is normalized.

  Experts believe that although the e-commerce platform is not an administrative department, it has the responsibility and obligation to manage the merchants. It should improve the pre-sale mechanism as soon as possible, strengthen the review of pre-sale products, and not put on the shelves of products that do not meet the requirements.

At the same time, establish a specific supervision system, and use credit rating management, blacklisting and other means to urge merchants to rectify as soon as possible.

  It is also indispensable for consumers to keep their eyes open and make good choices.

Industry insiders suggest that consumers must pay attention to rational consumption and safe consumption when purchasing pre-sale products, and protect their rights according to law.