【Explanation】 During the epidemic, more and more netizens like to buy products online by watching live webcasts. Recently, Luo Yonghao live broadcasts the whole network of popular goods. Among the 25 products he recommended, crayfish sold first. However, some netizens who have received the goods one after another find that the crayfish has been inflated, and Luo Yonghao responded on Weibo. If there is any problem with the product, please contact the customer service staff. The lawyer pointed out that Luo Yonghao, as the anchor of live broadcast, is the act of selling live broadcasts online. If the product is defective, as the seller, he is obliged to compensate consumers for losses.
[Same period] Xiong Chao, practicing lawyer of Jingshi Law Firm
Luo Yonghao is taking the goods. I think he is a sales act. If there is a product defect that infringes the consumer, it can be used as a main body of compensation. The direct producer of crayfish also belongs to the seller. One legal consequence of one compensation for three. If it is caused by eating something bad, go to the hospital, (reimbursement) some related expenses for treatment, such as medical expenses, nutritional expenses, lost work fees, including compensation for mental damage.
[Commentary] The reporter also saw that in the comment area, many netizens raised objections to the production date of crayfish, saying that they did not hear the anchor announce the food production year during the live broadcast. It has been almost a year now. Luo Yonghao clarified on Weibo that the best fishing season for crayfish is from May to July every year, and the quick-frozen product is still in the shelf life. In this regard, the lawyer said that the anchor carrier had the obligation to inform consumers of important product information during the live broadcast.
[Same period] Xiong Chao, practicing lawyer of Jingshi Law Firm
If a product such as crayfish is in a period, (the anchor) should tell consumers in advance that they have concealed information about some important foods, which is a kind of fraudulent sales. If it is said that (some products) are the lowest price on the entire network and so on, this kind of fraudulent and suggestive slogan is a fraudulent sales act in itself, and consumers have the right to demand a triple compensation from him.
[Explanation] In recent years, with the rise of the e-commerce industry, online celebrities and celebrity live broadcasts have become the new "outlet." And while celebrities bring goods to record new consumption highs, live broadcast "rollovers" also occur from time to time. Regardless of the Luo Yonghao crayfish incident or the influence of Internet celebrity cosmetics products won the Nobel Prize in cosmetics, such quality "turn-over", false propaganda and other live broadcast chaos are not uncommon, many consumers are caught in "choosing their hands for a while and defending their rights. "Embarrassing situation.
In a survey report recently released by the China Consumers Association, 37.3% of consumers have encountered problems in live shopping, but only 13.6% of consumers have complained. The relevant staff of the China Consumers Association pointed out that consumers are generally affected by many factors such as difficulty in obtaining evidence for live broadcast products, low unit price and high cost of rights protection, resulting in low willingness to protect rights. In this regard, the China Consumers Association calls on relevant departments to strengthen the supervision of the platform and the anchor from the source, and consumers also need to develop a good sense of rights protection.
[Same period] Zhang Dezhi, Director of Consumer Supervision Department of China Consumers Association
Strengthen the standardized management of the anchor group, the anchor group should not assume responsibility for popularity and profit. As far as consumers are concerned, payment methods are as far as possible through third-party payment guarantees to avoid private transactions. We hope that the vast number of consumers can establish a scientific and rational consumption concept and develop a good sense of rights protection.
Liu Xuanting reports from Beijing
Editor in charge: [Li Ji]