See also live rollover! This time, the company that makes high-end beauty oral anti-sugar pills spent 400,000 yuan, and on the day of Double 11, they contacted the live broadcast agency for live broadcast, and the final sales were only 3,000 yuan.
The company's products are expensive, with a single product of 400 yuan a box and a set of 1700 yuan, which means that the amount sold by the anchor is a bleak single digit. How could it be broadcast like this, there are twists and turns in the middle. Finally, the company sued the platform, and the dispute was settled in the court of Jiangbei District, Ningbo City.
Double 11 test water live
Hope to start a new era of sales
Sensen Company (pseudonym) mainly produces high-end beauty and skin care foods. The main product is the most popular anti-sugar pill, which is said to have the effect of freezing age and whitening.
The product price is not low, a box of 60 anti-sugar pills sells for more than 400 yuan. If you want to buy a package with oral liquid, the price of that package is 1700 yuan.
Last year on Double 11, the company decided to test the water network to bring the goods in order to expand brand awareness and sales.
The company found the webcasting agency Kirin Company (a pseudonym), and the two parties signed the "Double Eleven Webcast Room Promotion Agreement" after repeated communication. The two parties agreed: Sensen will pay a promotion fee of 400,000 yuan, and Kylin will appoint its well-known anchor Barba (a pseudonym) to conduct live product promotion for Sensen on the day of November 11, 2019. The product sales of no less than 1 million yuan shall be completed on the day of the live broadcast. amount.
According to Sensen, without any publicity, the original company's daily sales were more than 10,000 yuan. The cooperation with Kylin Company this time is to start a new era of sales by testing the water live broadcast on Double 11.
The temporary schedule of the Internet celebrity anchor has changed
The little anchor broadcasts four games of "Rollover"
Unexpectedly, the schedule of the anchor Barbara on Double 11 changed. Just a few days before Double 11, Sensen Company heard of such a "major change" and was immediately at a loss.
Finally, after verbal negotiation between the two parties, it was decided to arrange a new anchor to carry out online delivery of goods for Sensen Company, and broadcast four games in a row.
Live streaming is a vertical economy. The anchor’s sales are closely related to the size of her fan base and shopping orientation. On the day of Double 11, Sensen’s live broadcast only achieved sales of 3,000 yuan. That is to say, Double 11, which originally hoped to open a new era, became a large-scale rollover site.
Thinking of its 400,000 expenditure and missed the double 11 sales golden period, Sensen sued Kylin to the Jiangbei court, demanding a refund of 400,000 yuan in promotion service fees and compensation for losses.
The agreement only stipulates expected sales, etc.
No liability for breach of contract
During the trial, the two parties had no objections to the signing of the contract and payment, but they held their own opinions on the liability for breach of contract.
Sensen believes that the platform has not negotiated with it to replace the anchor, and the traffic of the new anchor does not match the service fee charged, and requires a refund of the service fee.
The merchant believes that the original anchor schedule conflict has been notified in advance, the replacement of the new anchor is recognized by both parties, and the "Live Room Promotion Agreement" does not stipulate the liability for breach of contract for the sales failure, and the service fee should not be refunded.
After analyzing the "Live Room Promotion Agreement", the judge found that the two parties of the agreement only agreed on the expected sales and the percentage of the commission after the sales reached the standard, but did not agree on whether to bear the liability for breach of contract if the sales did not meet the standard, nor did they agree to the difference. The service fee of the traffic tier anchor is agreed.
In the end, under the mediation of the judge, Kirin Company returned 250,000 service fees to Sensen Company. The judge said that Internet celebrities bring goods as a new industry, and rational cooperation is the first. Merchants must be cautious when signing contracts, have a basic understanding of the format of the new industry, clarify the rights and obligations of both parties, and must not be superstitious about the number of fans and the ability to carry goods to avoid losses.