Changde

　　When shopping, when encountering "buy one get one free", some consumers thought that if they bought it, they would make a profit, but after receiving the goods, they complained that they were at a loss. Good promotional activities have become a routine.

Shanghai Chongming District Market Supervision Bureau received a report a few days ago that a store on an online trading platform advertised the purchase of products as gifts but did not clearly mark the name of the gift.

After investigation, according to the first paragraph of Article 40 of the "Price Law of the People's Republic of China" and the provisions of Article 7 of the "Regulations on Administrative Penalties for Illegal Price Behaviors", the Chongming District Market Supervision Bureau imposed administrative penalties on the parties in accordance with the law.

　　In this consumer dispute, the parties involved publicized "buy one get one free", did not indicate the name of the gift item, and the behavior of the gift item and the sold product were very different, which violated Article 14 of the "Price Law of the People's Republic of China" on "business The operator shall not engage in the following unfair price behaviors: ... (4) using false or misleading price means to lure consumers or other business operators into transactions with them", which constitutes price fraud.

　　The gift marketing strategy has become a means of promotion for many merchants. Whether it is a physical store or an e-commerce company, giving gifts when buying things has become a widely used routine.

For consumers, buying one and getting one free, or even buying one and getting more, seems to be a good deal. If the gifts have high added value, it is easier to attract people; for businesses, gifts are often low-cost and high-value, which can greatly improve Increase the turnover rate and make the merchant's business even better.

　　Buy a mobile phone and get a protective case, buy milk powder and get a small colorful bowl, buy leather shoes and get a shoehorn... The marketing routine of gifts can achieve mutual benefit between consumers and businesses, and it is a market behavior worthy of recognition.

However, some merchants use problematic products such as "three noes" products and expired products as gifts, which greatly reduces the consumption experience.

For example, in this incident, the merchant claimed that "buy one get one free", but did not indicate the name of the gift item, resulting in a huge difference between the gift item and the sold product, causing misleading consumers.

Not only that, there are criminals who set up a "gift" scam to defraud consumers in the name of distributing free items and gifts to consumers.

These chaos make the hidden traps behind the gift marketing strategy, and also make consumers not only unable to enjoy more benefits from the consumption activities of buying things and giving gifts, but also damage their rights and interests.

　　Gifts are incidental items that consumers will get after purchasing goods. This is not a free "charity" from the merchant, but is actually a buying and selling behavior. The merchant should bear the same responsibility for the gift as the commodity sold.

In March 2016, the former State Administration for Industry and Commerce promulgated the "Measures for the Supervision and Administration of Commodity Quality in the Circulation Field", which stipulates: "Prizes, gifts, etc. are deemed as commodities for sale." It is stipulated that retailers shall not reduce the quality and after-sales service level of promotional products (including prizes and gifts sold with prizes) when carrying out promotional activities, and shall not use unqualified items as prizes and gifts.

That is to say, merchants are not allowed to use the gift as an excuse to send out problematic products as gifts, and merchants must also indicate the product name and other information on the attached gifts like other products, and should also ensure their quality.

　　Therefore, promotions such as presenting questionable products or not clearly indicating the name of the gift are essentially a kind of consumer fraud.

Gifts should not be just "bait" for merchants to fish, but should be able to become real benefits for consumers.

"Double 12" is approaching, and many businesses have begun to attract consumers through marketing methods such as gift marketing.

To make gifts a real profit-making behavior for merchants, not a tool to hunt and hunt consumers, not only the relevant departments need to strengthen supervision, but also more merchants can operate with integrity, and consumers who encounter problems can actively protect their rights. Good consumption environment.

(Source: Beijing Youth Daily)