Sino-Singapore Jingwei, December 27th (Chang Tao) "I bought four bottles of antipyretics and promised to deliver them in 1-3 days, but the delivery has not been delivered for more than half a month. Not only that, but now even the store is displayed as resting , and I can’t get in touch by phone.” Mr. Zhao, who lives in Beijing, complained to Zhongxin Jingwei about his recent encounters.

  In this situation, is it cheated by the merchant?

What should be done?

More than half a month, the package is still waiting to be picked up

  According to Mr. Zhao, on December 9, he bought four bottles of ibuprofen suspension at a pharmacy called "Minminyuan" on an e-commerce platform. At that time, the store showed that it would be delivered in 1-3 days.

Considering the current situation of the national epidemic situation, Mr. Zhao changed his psychological expectation to within a week.

  But I didn't expect that after the store quickly clicked "Shipping", more than half a month later, the package was still being collected, "the goods have not really been delivered".

  "About two or three days after placing the order, there is a courier tracking number, but it keeps showing that the package is waiting to be picked up. This is obviously unreasonable. No matter how slow the courier is, it is impossible to be so slow, and the courier has gradually recovered recently. , I suspect that the merchants put it on the shelves when they were out of stock." Mr. Zhao said.

  What makes Mr. Zhao even more disturbing is that the store has "disappeared" and has been displayed as "resting" for more than ten consecutive days, and the phone cannot be reached, let alone contact Mr. Zhao to explain the situation.

  Sino-Singapore Jingwei noticed on social platforms such as Weibo and Xiaohongshu that there are many consumers who have similar experiences to Mr. Zhao, and most of them buy anti-epidemic items or medicines that are currently in short supply.

  A consumer said that the medicines he bought on a certain platform showed that they were in stock when he placed the order, and it was expected to be delivered within 2-4 days, but when the delivery time came, the platform indicated that the goods were being purchased and the delivery time was to be determined.

What's more interesting is that after refreshing the page, the drug is still on sale, showing "in stock, delivery in 2-4 days".

  After the delay in delivery, some consumers contacted the customer service of the merchant, and the other party said that if they could not wait, they could apply for a refund.

"I've been waiting for so many days, but the product is still needed, and there is no explanation. It's really frustrating to get a refund."

Is there any way to delay delivery?

  In response to Mr. Zhao's situation, Sino-Singapore Jingwei consulted the platform customer service as a consumer.

  The customer service said that after communicating with the merchant, the order is still in the "ordering" state.

As for why the store was closed, the customer service said that "it was because the store was out of stock." As for why it was sold normally when there was no stock and no pre-sale was marked, the customer service did not give a direct response. business management".

  Sino-Singapore Jingwei noticed that on the platform, the business information page of the "Minminyuan" pharmacy shows that "the average delivery time in the past 30 days: 9 hours".

  Chen Yinjiang, deputy secretary-general of the Consumer Rights Protection Law Research Institute of the China Law Society, told Sino-Singapore Jingwei that in online shopping, there are some routines behind the delay in delivery.

  "For example, the merchant itself does not have a stable supply channel and does not have the goods in hand, but still puts the goods on the shelves for sale, informs consumers that they are in stock, and promises to ship or deliver them within a certain period of time. This may actually constitute fraud. In addition, It is not ruled out that some merchants can get part of the deposited funds after placing an order for the product, and then use the money to purchase or use it for other purposes. What is more serious is that the merchant itself is a premeditated fraud and disappears immediately after placing the order. However, this situation It is common in individual sellers on some social platforms.” Chen Yinjiang said.

What should consumers do?

  For merchants who have delayed delivery, Zhao Zhanzhan, a lawyer from Beijing Yunjia Law Firm, said that the merchants actually have no inventory but did not remove the product information from the shelves in time. Goods constitute a breach of contract.

  Chen Yinjiang said that according to the e-commerce law, e-commerce operators should deliver goods to consumers within the agreed time in an agreed manner, such as delivery within 3 days and delivery after 5 days. In fact, it has constituted a breach of contract.

  "However, in reality, there may be some irresistible external circumstances, such as the slowdown of express delivery due to the current epidemic situation, resulting in delays in receiving goods. Under such circumstances, operators should actively and friendly communicate with consumers, inform them of the real situation, and try their best to If the contract is indeed incapable of performing the contract, the consumer should be compensated.” Chen Yinjiang believes that in this special period, considering that medicine is a special commodity, if the merchant cannot deliver the product on time, it should take the initiative to inform consumers The real situation, when it will be delivered and when it will be delivered, if it cannot be notified in time, it is suspected of intentionally concealing the real information.

  Chen Yinjiang also said that it is not ruled out that some merchants themselves do not have the ability to deliver goods. They may not have a certain product in stock or have a stable supply channel, but they still inform consumers that they have stock and promise to deliver goods within a certain time. After the customer places an order, they go to purchase.

In this case, it may constitute fraud, and consumers can demand three times the compensation from the merchant.

  If there is a delay in delivery, Chen Yinjiang suggested that the first thing to do is to negotiate with the merchant and the platform. If the negotiation fails, you can complain to the market supervision department, and you can also apply for arbitration or sue in the court to protect your rights.

If the order is placed through an informal channel and the seller cannot be contacted for a long time, the first consideration is that there is a fraud and you should seek help from the public security organ.