Originally, a lot of problems have arisen from the combination of orders that each takes
"Double 11" and strangers are risky and difficult to protect rights
□ Our reporter Zhao Li
"3, 2, 1, link up!"
Click on the link, confirm the order, select the address, pay for the transaction... With the voice of the anchor, Liu Yi, a college student in Beijing who has been squatting in the webcast room every night recently, has a set of actions that flow smoothly.
"It's been photographed, and it's time to meet in person." After the payment was successful, Liu Yi's next action was "report", targeting the friends in the group.
A few days ago, Liu Yi found two "like-minded" friends through the online platform "Double 11 Pindan × × Brand Essence Gift 15mL+4mL+4mL 200r" post.
However, the ending was not as good as Liu Yi imagined - after confirming the receipt of the goods, Pinyou insisted that the goods were wrong, and they still requested to return the goods after they were unpacked and used.
"Where can I, an ordinary consumer, sell fake goods to you..." Liu Yi was full of grievances in the face of the "accusations" from friends.
In the end, the money was not recovered.
Colleagues and friends, students from the same school, and netizens from the same city... In recent years, the online shopping method of ordering has gradually emerged, and during this year's "Double 11" period, it has become even more popular, but there are problems with Liu Yi. Not a lot.
A reporter from the "Rules of Law Daily" recently investigated and found that many consumers have encountered many problems such as running orders, resale, distribution of gifts, and uncoordinated prices in the process of ordering. There are many disputes: Is the price of the order based on the preferential price of the product or the actual price?
How are gifts distributed?
How to deal with running orders?
How to guarantee the after-sale transaction?
In this regard, Alamos, vice-chairman of the E-Commerce Law Research Association of the Beijing Law Society, believes that private ordering is an act in which two or more parties reach a common purchase intention and pay the price through private communication, which leads to many traps, many risks, and Difficulty defending rights.
Introducing new promotions
Online ordering came into being
A set of 10 boxes of facial masks, a set of 20 packs of face towels, "buy three get one free" for sports shoes, buy a set of skin care products and get seven or eight samples... In the "Double 11" activities of some e-commerce platforms, the preferential treatment is welcome There have been waves of "refreshes", but promotions generally do not offer direct discounts, but make the unit price of products appear lower by adding gifts and "stocking up".
Under such rules, consumers often need to buy more products in order to get a better average price.
When a single order is taken, the number of products obtained may far exceed personal needs.
Therefore, many netizens began to "seek orders" on social media, striving to get more favorable prices while buying their favorite products.
As a result, the online single group came into being.
Liu Yi told reporters that the information on the online order can be seen everywhere, and the main purpose of the order is to get what they need and share the benefits.
Up to now, the number of posts on Weibo's "Double 11 Pinning Singles" has reached 27,000. Even at 2:00 in the morning, reporters can still see a steady stream of pinning posts on some platforms.
The official also added a fire to the "single order" - for the first time this year, many e-commerce platforms supported multi-address combined orders, each product can be assigned a delivery address, and a maximum of 20 addresses can be added to one order.
In order to gain an in-depth understanding of the operation of ordering, the reporter successfully joined multiple ordering groups based on the group links in the comment areas of multiple posts.
The number of these groups usually ranges from dozens to hundreds of people, and most of the people in the group are in the same city.
When a person expresses a need and someone responds, he will soon transfer to a private chat, and then form his own small group.
In the order-making group, the products in the order-making are mainly skin care products and make-up, a few are clothing, shoes, bags, and quick-frozen foods.
The coordinates are in Ningbo, and the gift will be divided into half a full set of cleansers; Hubei will give priority to all the samples, preferably Jiangsu, Zhejiang, Shanghai and Anhui... Some people are asking for a makeup remover from a certain make-up brand, and there are also skin care products that they have paid a deposit for.
Some people will mark the location on the post to minimize the cost of postage, and some will also mark the possibility of face-to-face transactions in the same city.
In addition to the "limited-time single group" that was born in response to "Double 11", there is also a long-term position for single players.
Douban's "Fighting Group" has gathered about 410,000 "hand-picking parties", and the group will change its name every shopping festival. The front line extends from "618" and "Double 11" to "Black Friday" and "Double 12", closely following domestic and overseas marketing. rhythm.
In the group, a netizen initiated the order to be the "car captain", and someone in the comment area immediately reported the coordinates, so that the "car captain" could evaluate the freight and screen out the ordering partners.
Then through the second-hand platform, each pays the deposit and the balance, and finally forwards it by the "car captain".
In addition to order shopping, there are also strangers teaming up to grab red envelopes in the "group", and everything can be spelled together.
Go to the e-commerce platform every night to do tasks to receive red envelopes and coupons. You need to share the clicked link, and you can also post in the group to explain the discounts available to helpers.
Strangers are risky
prone to running orders
Organize the latest discount information of different platforms into posts, and some also attach order details with actual payment to prove the authenticity of the discount; if you sell idle items, you need to write the group name and ID, and take a photo with the note and the item to be sold ; Establish a "grey and blacklist" to facilitate team members to check whether the other party has a dishonest record before the transaction... These are all tricks to deal with the risk of ordering in the "grouping".
Li Xiao, a white-collar worker in Beijing, told reporters that most of the time she would choose to trade with the other party on second-hand platforms to avoid direct transfers with strangers.
In order to reduce risks, she is very cautious before placing orders. She usually checks whether the other party has life news and transaction records on social platforms, and usually does not conduct transactions with newly registered accounts.
But even so, there are still many lightning-proof posts such as "big grievances against singles", "I'm so angry, sellers run orders" and "'Double 11' anti-fraud guide".
Netizen "Miaomiaojiang" from Nanjing, Jiangsu Province has a deep understanding of this, "It was originally planned to meet face to face in the same city, but the time is always not together, and she is not willing to share the postage, and the last thing she told me was whether I wanted love or not. ."
In the interview, "running orders and being assertive" is a headache for many ordermakers.
The netizen "Fun Guo You Jian" found a person who wanted to buy cosmetics together on the online platform. After adding WeChat to each other, the other party communicated smoothly with her and reminded her to "squat" for the live broadcast.
But after the goods arrived, when she asked for the address of the other party again, she could no longer be contacted.
On social platforms, it is not uncommon to see examples of failed orders.
Someone was blocked just after paying the payment and not receiving the goods.
Some people find that they are not suitable for them after ordering cosmetics. Because of the return problem and the failure of customer service, they can only admit that they are unlucky.
There is also the problem of "shoddy charging".
Netizen "Milk Thought" saw someone posted a makeup post on the social platform and signed up to participate.
"But after receiving the product, I found that the color and smell were different from those I used before, so I asked by private message. Soon, the other party's account showed that it was cancelled. After I verified the purchased product on the authentication platform, I found that these cosmetics are fake. goods."
"From a legal point of view, the distribution of rights and responsibilities between the parties to the order belongs to the scope of contract editing in the Civil Code, that is, the orderer and the person placing the order actually constitute an entrusted purchasing contract relationship, and the orderer will The money is handed over to the orderer, and the orderer buys and then delivers the goods to the orderer. When there are problems such as false delivery, the temporary and fragile trust relationship between strangers will collapse in an instant. After receiving the money, there will be cases of loss of contact, less or no delivery, and temporary price hikes.” Lecturer at Beijing University of Chemical Technology. Wu Di said.
Chen Yinjiang, secretary general of the Consumer Rights Protection Law Research Association of the China Law Society, believes that there are certain risks in the behavior of order-staking between strangers, mainly in two aspects: first, the merchant is mainly responsible for the payer of the order, and We are not responsible for other sellers. In the event of a return or dissatisfaction with product quality, the merchant will not be responsible for the after-sales problems of other sellers. Second, because strangers participate in preferential activities together, it is not ruled out that there will be runaways. It is relatively more difficult for consumers to safeguard their legitimate rights and interests.
no pre-agreed attribution
Disputes over gift distribution are frequent
"There are too many gifts to be used up" - this is the reason why most consumers choose to make orders, and this has become the most controversial issue in ordering.
On the e-commerce platform, the preferential mechanism of each product is different, and the gifts are also various.
For example, if you buy a 500ml toner, in addition to a 440ml sample of the same style, you will also get a canvas bag and a face cream sample.
"Post-90s" Beijing girl Zhang Pei once had an unhappy fight with netizens who made orders because of the distribution of gifts, "I said that it was half and half, and I also wanted a sample of the face cream, and the cosmetic bag was not worth much, but I ended up fighting. The person in Shan didn't explain it to me, he kept a sample and gave me the bag, which made me so angry."
"There must be one person per person in a formal dress, but the number of gifts is not one-to-one. The group owner who made the order at that time kept the best gifts for himself, and distributed the worthless gifts to others, which made people very angry. "Zhao Xiamo, a white-collar worker in Beijing who participated in the ordering, also made trouble when distributing the gifts. She asked the group owner to chat privately, but she was directly blocked.
There has also been a lot of discussion about whether the price of the order should be the actual price.
Some friends think that they have worked hard to grab coupons, and the other party can enjoy the discount without doing anything, so they need to pay "labor fees"; there are also friends who think that they share the purchase volume with others who can't use up the samples they don't give away. It should be distributed according to actual payment.
Differences in opinions have led to frequent disputes about how to allocate and how to make more favorable deals among many teammates who have not negotiated well.
As a collaborator, the netizen "Tutu" also has his own opinion, "Generally, the main part is the formal dress, I make a small sample, but there are many problems with the small sample, such as the quality control book is not as good as the formal dress, and the situation of hanging on the wall is more serious. Only 7ml can be used in 10ml, and even if it is the same size, the price of the small sample and the medium sample will be lower than that of the full size.”
In Wu Di's view, if there is a gift in the order, it should be regarded as part of the subject matter of the sales contract, and it does not necessarily belong to the person placing the order.
If the person placing the order and the person who makes the order do not agree on the issue of the ownership of the gift in advance, it is very likely that disputes will arise due to the ownership and distribution of the gift.
"Replacement of direct preferential policies with gifts is a propaganda method for merchants before the transaction. Once the transaction is concluded, the gifts will become the content of the transaction contract. The nature and requirements of other commodities in the contract are the same as the nature and requirements of the contract. Provide after-sales service. Gifts provided by merchants shall comply with relevant state regulations, and shall not use infringing or substandard products, commodities that the state has explicitly eliminated and stopped selling, etc. If it is not provided, consumers can protect their rights through complaints, lawsuits and other channels.
If the gift causes damage to the consumer, the consumer can also claim that the business is liable for compensation.
However, when shopping for a single order, the "Pan Dan family" do not know each other, which often leads to the inability to return or exchange the products in question.
Consumers should shop rationally
try to avoid disputes
Due to the big promotion rules of major platforms in recent years, they tend to buy more and the unit price is cheaper.
This makes everyone have more demand for ordering, and also greatly increases the probability of disputes.
If there is a situation of non-delivery, running orders or even buying fake products, how should consumers protect their legitimate rights and interests?
"Putting an order is a joint purchase that is reached through private agreement between several people, and the rights and obligations between buyers can be divided according to the relevant provisions of the Civil Code contract. Consumers placing orders through e-commerce platforms and other channels are consumption behaviors. It is protected by the Consumer Rights Protection Law. When disputes arise in these two situations, the main body of rights protection is different. The former is an individual and the latter is a business." Chen Yinjiang said that if there is a dispute between strangers in ordering, It is necessary to protect rights through court prosecution, arbitration, etc., which will increase the time and difficulty of rights protection.
"During the process of ordering, it is the person who places the order, not the person who makes the order, who forms a sales contract with the merchant. Once the purchased product has a quality problem, it will be more difficult for the person to protect their rights." The single consumption method is quite creative, but while enjoying the discounts, it is also necessary to consider after-sales issues when shopping with a single order. Without an invoice, it is difficult to maintain your legal rights.
When shopping, consumers must ask the merchants about the rules of the activity, and strive to let the merchants invoice each item separately when shopping together.
At the same time, pay attention to leaving contact information with the people who place the order together, so that when there is a problem with the product, you can communicate in time, coordinate with the merchant, and protect your legitimate rights and interests.
At the same time, Wu Di suggested that consumers should shop rationally and purchase goods through formal channels.
If you want to participate in the ordering of strangers, you must clearly agree on the price, delivery method, payment method, etc. in advance, be vigilant about the discounts far higher than the formal channels, and try to avoid disputes.
In this regard, the Jiangsu Provincial Consumer Protection Committee once issued a document saying that the root of the above-mentioned problems is that the "Double 11" preferential activities are relatively unreasonable.
Few e-commerce platforms and operators choose to directly reduce money, but use a variety of activities, so that consumers "can't understand, can't calculate, and can't make sense", even if the reduction is full, they have to go through the "collection" In this big mountain, consumers gradually forget their doubts about the preferential mechanism in various routines, and instead get deeper and deeper into the entanglement of how to collect orders and how to buy cost-effective.
The Jiangsu Provincial Consumer Protection Committee reminded the majority of operators to be more sincere and less routine in promotional offers, so that "Double 11" can truly benefit consumers and allow buyers and sellers to participate in the grand consumption event.
At the same time, while enjoying the happiness of sharing orders and saving money, consumers should shop rationally, and try to choose acquaintances to make orders. When ordering, they must clearly agree on the price, delivery method, payment method, gift distribution, etc., and keep a good chat record. , transfer records and other transaction-related information, while happily harvesting wool, we must also protect our property safety and consumption safety.