Editor's Note The digital collection market is in the ascendant, and the ensuing phenomenon of consumer infringement has also attracted much attention.

After some consumers paid for digital collections, they found that the merchants had falsely shipped them, and they were rejected for refunds; some were told that they needed to write off in advance to confirm receipt. Drift; some want to know the business information, log in to the platform where the business is located, and ask the platform’s customer service but can’t get relevant information; some appeal to the platform where the business is located, but the platform and the business are different; some are waiting for a refund After a long time, I waited for the platform to ban merchants and stores. How can I not know the progress of refunds... How chaotic is the digital collection market?

"China Consumer News" has launched a series of reports on "Consumption Infringement of Digital Collections" since this issue.

　　Our reporter Wang Xiaoyue

　　Influenced by the concept of "metaverse", digital collections are setting off a craze, becoming a favorite in many fields, and gaining many loyal collectors.

However, in the early stage of development, there have been many irregularities in business operations in this field, and it is difficult to protect the rights and interests of consumers.

　　Recently, a reporter from "China Consumer News" found on social platforms that many consumers complained about false shipments from the WeChat store platform, and consumers did not receive digital collections and could not get refunds.

In this regard, the reporter conducted an investigation and interview.

　　Can't receive the goods and can't refund the money, the store and the platform have different opinions

　　Due to the low entry threshold of the micro store, many small and micro enterprises or individuals choose to open a store on the micro store platform.

"Tianjie Shuzang" is one of the merchants that has settled on the micro-store platform. The unit price of digital collections sold in this store ranges from 9.9 yuan to 199 yuan.

　　Yao Xin, a digital collection player, told a reporter from China Consumer News that in June this year, he purchased more than 800 yuan of digital collections from the "Tianjie Digital Collection" store.

According to the merchant, the "Tianjie Digital Collection" digital collection trading APP will be launched soon, but Yao Xin has waited for many days and has not waited for the APP to go online, so he intends to refund.

However, on the evening of June 20, "Tianjie Shuzang" issued an announcement in the official buyer group asking users to write off first, the content was: "Please take a screenshot of the QR code of the card and coupon in time after placing the order and send it to the customer service of the online store. , In order to prevent someone maliciously locking the order and not paying, we can check the order in time to release the order for fans who really want to buy but can't buy it."

　　Yao Xin said that because he wanted to receive digital collections as soon as possible, and at the same time had a certain trust in the qualifications of the stores that settled in the WeChat store, he sent the coupon code received during payment to the customer service to complete the write-off (the coupon code is used as a receipt for virtual goods. cargo certificate).

Subsequently, Yao Xin had doubts about the qualification and authenticity of the store. On June 21, he asked the merchant for a refund on the platform, but the merchant refused to refund after a few days of delay.

　　Coincidentally, Liu Li, who bought more than 2,700 yuan of digital collections in "Tianjie Shuzang", told reporters that he also wrote off the digital collection coupon code in advance at the request of the merchant, but later found that "Tianjie Shuzang" was suspected of embezzling other authors. Original works, and the merchant cannot provide the copyright authorization letter, it is very suspicious, so it is convenient to apply for a refund on June 22, but it is rejected by the merchant.

What made him feel aggrieved was that he was under the inducement of the merchant to write off the coupon code to complete the transaction, and he did not receive the goods, so why couldn't he get a refund?

　　The reporter learned that many consumers purchased goods in the "Tianjie Shuzang" with an amount ranging from several hundred yuan to thousands of yuan.

Due to a large number of complaints from users, on the afternoon of June 21, the store of "Tianjie Shuzang" has been banned by WeChat.

The latest progress of the appeal is shown as "Because the merchant did not replenish funds in time to process the refund, the platform has penalized the merchant".

　　As in the case of Yao Xin and Liu Li, Yang Yi, a college student who bought digital collections worth more than 500 yuan in the "Tianjie Digital Collection", said that he called the WeChat shop many times to ask for a refund, but the staff of the WeChat shop said that "the merchants" All accounts have been withdrawn”; but according to the screenshot of the official group of “Tianjie Shuzang” provided by consumers, the store staff said that because the store was blocked, there was no way to withdraw cash, and “the company did not receive a cent.”

　　Obviously, the Weidian platform contradicts the statement of "Tianjie Shuzang".

The reporter called the official phone number that was announced before the "Tianjie Shuzang" was banned for verification, but the number had been shut down.

　　The reporter learned about the situation from a staff member of the WeChat store. The reporter provided the store name of "Tianjie Shuzang", but the staff member said: "There is no way to inquire and inform the situation by providing the store name. The mobile phone number of the registered store must be provided, and the information will be checked. can be inquired."

　　Lack of deposit-related system does not provide store-specific information

　　The reporter saw on the official website of Weidian that its main company is Beijing Pocket Fashion Technology Co., Ltd., and the official website shows that "all-channel, all-scenario and multi-end store opening solutions help 80 million merchants succeed".

It is not difficult to see that the scale of micro-shops should not be underestimated, and more and more small and micro enterprises and individuals have settled in micro-shops.

So, what are the access requirements for the platform?

　　The customer service of Weidian told the reporter of "China Consumer News" that Weidian does not impose a mandatory deposit from merchants, and it is free to open a microshop and operate a microshop. For orders with successful transactions, the payment channel will charge a 0.6% handling fee from the merchant.

　　According to the rules of Weidian, transaction fund guarantee is the default transaction method opened by Weidian. It does not support closing, and can be withdrawn the day after the buyer confirms the receipt of the goods.

So, in this case, consumers need to refund, but the merchants do not actively cooperate, how to protect the rights and interests of consumers?

Are the platform rules reasonable?

　　In this regard, Huang Wende, a lawyer from Henan Dinghou Law Firm, said in an interview with a reporter from China Consumer News that Weidian does not compulsorily collect deposits from merchants, which lowers the threshold for merchants to settle in Weidian, which is beneficial to Weidian in the short term. The rapid development of stores has also increased the risk of savage growth of micro-stores, which is not conducive to the protection of consumer rights and interests.

According to Article 58 of the E-Commerce Law, the state encourages e-commerce platform operators to establish a guarantee mechanism that is conducive to the protection of consumers' rights and interests, such as a security deposit system.

　　The reporter saw on the WeChat Store APP that the platform stores do not display relevant information such as business licenses or the name of the company's main body.

The staff of the micro store also told the reporter of China Consumer News that "the relevant information of the store cannot be informed".

As platform users, Yao Xin, Yang Yi and other consumers were also rejected when they asked for store information.

　　Zhu Wei, deputy director of the Communication Law Research Center of China University of Political Science and Law, said in an interview with a reporter from China Consumer News that the "E-commerce Law" requires platform merchants to show their signs and publicize subject information to meet consumers' right to know. , can not open a store in secret.

The platform can choose to provide operator information or take responsibility for itself.

　　Huang Wende said that merchants should publicize business information such as business licenses, and WeChat Store should provide technical support for merchants to publicize the above information. If there is any violation, Article 76 of the Electronic Commerce Law stipulates a "double penalty system". Specifically, in this incident, both the merchants and the micro-shops were fined.

At the same time, according to Article 43 of the "Consumer Rights Protection Law", if Weidian cannot provide the real name, address and valid contact information of the merchant, consumers have the right to claim compensation from Weidian.

　　Banning stores is the final result, consumer rights cannot be guaranteed

　　Yao Xin told reporters that there are more than 1,000 people in the official group of "Tianjie Shuzang", but the group has been banned from speaking, and user information is not exchanged.

"There was once an official group with more than 300 people that was temporarily banned from speaking. Someone revealed that there was a problem with the store. We realized that we might have been deceived, but the ban was quickly restored in the group."

　　"We are the first batch of buyers, and now we want to tell other consumers who are 'in the pit' of our experience, but the official group has been in a state of silence, and there is no way to communicate." Liu Li said.

　　In addition, in addition to "Tianjie Digital Collection", there are also stores with the same sales model that sell digital collections in the WeChat store.

Zhang Li, a college student, told reporters that she had purchased more than 1,000 digital collections from "Tianjie Shuzang", which could not be refunded even if they were not shipped. Later, she saw a store called "Tiancheng Art" promoting and selling them. The goods of 's are the same as those of "Tianjie Digital Collection", so I bought a digital collection test with a price of 1 yuan.

Sure enough, the merchant not only failed to deliver the goods, but also closed the refund interface and appeal channel.

　　In the recording of the call with the WeChat store staff provided by Yao Xin, the staff said, "The platform has fulfilled its regulatory obligations, penalized the store, and will limit its subsequent transaction problems." And this result is the platform's final feedback result.

　　So, in the case that the micro-shop does not collect a deposit and the merchant does not cooperate with the refund, the platform does not need to take more responsibility besides banning the store?

　　Huang Wende said that Weidian should set up entry thresholds for merchants, implement a series of systems such as credit evaluation and security deposits to regulate the integrity of merchants, and pull merchants who seriously infringe on consumers' rights and interests into the "blacklist", and strictly review the merchants. The actual controller and ultimate beneficiary will prevent unscrupulous merchants from continuing to infringe on the legitimate rights and interests of consumers by changing their "vests".

　　The first paragraph of Article 39 of the "E-commerce Law" stipulates: "E-commerce platform operators shall establish and improve credit evaluation systems, publicize credit evaluation rules, and provide consumers with evaluation of the goods sold on the platform or the services provided. way."

　　Huang Wende believes that according to consumers' credit evaluations of bad merchants, Weidian should know that the merchant has violated the legitimate rights and interests of consumers. If Weidian does not take necessary measures to stop it, even if it can provide the real name and address of the merchant afterwards. and valid contact information, according to the provisions of the second paragraph of Article 44 of the "Consumer Rights Protection Law", Weidian should also be jointly and severally liable.

　　(At the request of the interviewee, Yao Xin, Liu Li, Yang Yi, and Zhang Li are all pseudonyms.)