China News Service, March 15th. According to the WeChat official account of the Supreme People's Court, the Supreme People's Court released typical cases of consumer rights protection on the 15th. The cases released this time involved medical beauty consumption, college students' loan signing of photography contracts, and loss of wedding image data. , prepaid consumption refund, housing consumption, prompt explanation and explanation of online consumption standard terms, consequences of online shop customer service behavior, transfer of second-hand goods, operator commitment, consumer personal information protection and other issues.
details as follows:
Case 1
Medical beauty institutions should be compensated for damage to patients caused by false propaganda and faulty diagnosis and treatment
——Zou Mou and a medical aesthetic institution tort liability dispute case
basic case
Zou once performed eye bag plastic surgery in a hospital in Hunan. After the operation, he believed that the skin of his lower eyelid was loose. After his understanding, he learned that the chief surgeon of a medical beauty institution in Beijing was famous and experienced, so he came to December 2015. This medical and aesthetic institution performed bilateral lower eyelid repairs.
After the operation, Zou had symptoms such as partial depression of the bilateral lower eyelid, scar deformity, and short, round and blunt outer canthus.
Since then, Zou has been repaired in other hospitals six times, but there is still no improvement.
Zou believed that the repair operation of the medical beauty institution had caused damage to him, so he sued the court to ask the institution to compensate him for medical expenses, lost work expenses, mental damage consolation funds and other losses, and to apply the Consumer Rights Protection Law to compensate him three times. Surgical fees.
referee result
The court held that: first of all, this case belongs to consumer-oriented medical cosmetology. Zou is a healthy person who accepts beauty services in order to meet the life needs of the pursuit of beauty, and has the characteristics of consumers; the business purpose of this medical and beauty institution is to obtain profits, and it has the characteristics of business operation. characteristics of the person.
Consumers providing services to business operators for daily consumption shall be regulated by the Consumer Rights and Interests Protection Law.
After investigation, the medical beauty agency has been repeatedly administratively punished for false propaganda such as the content of the medical advertisements published by the medical and aesthetic agencies did not match the content of the advertisements approved by the health administrative department, and the advertising slogans were untrue. If there is a fraudulent act of false propaganda in the medical beauty institution, the provisions of the Consumer Rights Protection Law on punitive damages shall be applied, and the medical beauty institution shall compensate Zou for three times the operation cost.
Secondly, the diagnosis and treatment behavior of the medical and aesthetic institution was at fault, but after the operation, Zou’s repair behavior in other medical and aesthetic institutions had indeed changed the doctor’s operation results. The court then ruled that the medical and aesthetic institution should compensate 60% of the fault liability ratio. Zou's losses totaled 74,948 yuan.
typical meaning
This case is a typical tort liability dispute caused by false propaganda of medical cosmetology and irregular diagnosis and treatment.
Through the trial of this case, the court gave full play to the rule-leading and value-oriented role of judicial adjudication in social governance.
First of all, incorporating medical beauty disputes into the category of medical damage liability disputes, and reviewing evidence in accordance with the standards of medical damage liability disputes will help to urge medical beauty institutions to strengthen the production and preservation of medical documents and standardize their diagnosis and treatment activities.
Secondly, incorporating consumer-based medical beauty disputes into the scope of the Consumer Rights Protection Law and applying punitive damages to increase sanctions against commercial fraud can not only serve as a warning to medical and beauty institutions, prevent and deter Its illegal behavior also maintains the integrity and order of the medical beauty market, and is conducive to effectively protecting the legitimate rights and interests of consumers.
Case 2
Consumers can exercise the right of cancellation in accordance with the law after signing a photography contract with a photo studio
——Li and Jing v. a studio contract dispute case
basic case
Li Mou and Jing Mou, two college students, saw a photo studio released a 19.9 yuan costume photo advertisement, so they went to the store to shoot.
The latter two have upgraded the consumption of photos, albums, makeup, clothing and other items for many times, and signed five agreements with a certain studio, with a total amount of more than 26,000 yuan.
After Li and Jing paid part of the money by borrowing money from relatives and friends and opening online loans, they proposed to the company to change the package content and reduce the contract amount on the same day, but they were rejected.
The latter two failed to complain to the Consumer Protection Committee of a certain district, and then sued the court, requesting to rescind the five agreements and refund the total amount of more than 20,000 yuan that has been paid, and the unpaid 5,900 yuan will not be paid.
referee result
The court held that a certain studio signed several contracts with Li and Jing in accordance with their requirements for specific shooting, makeup, film selection, and album selection. Work, deliver the agreed work results, and Li and Jing pay the agreed remuneration to the studio.
Therefore, the two parties are in the contractual relationship, and Li and Jing, as the ordering parties, have the right to arbitrarily rescind.
However, the exercise of the right of arbitrary rescission should be subject to three restrictions: the rescission should be effectively notified to the contractor; the notice of rescission should arrive at the contractor before the contractor completes the contract work; if losses are caused to the contractor due to the rescission, the orderer should compensation.
After the contract is terminated, if the orderer pays the remuneration in advance according to the contract, the contractor shall return the remaining price to the orderer after deducting the completed part of the remuneration.
Therefore, the court ruled that all the unfulfilled agreements among the five agreements were cancelled, the unfulfilled agreements were partially cancelled, and the completed agreements could not be cancelled, and the defendant returned the contract sum of RMB 18,600 to the two plaintiffs.
typical meaning
At present, more and more consumers choose photography, beauty, hairdressing, fitness, wedding, education and training and other consumption methods that can meet their spiritual needs.
In this case, the consumption of two female college students has been upgraded from the low price of 19.9 yuan to more than 26,000 yuan.
Due to inability to pay, he was guided by merchants to open online loans and other consumer loans on the spot, and disputes were later caused by the failure to terminate the contract through negotiation.
In this case, by making a correct judgment on the dispute over the rescission of the contract at issue, while protecting the legitimate rights and interests of consumers to the greatest extent, it also gives full play to the guidance, evaluation and education functions of the case, and combines judicial adjudication and advocacy to establish a correct consumption concept and promote judicial advice through judicial advice. The combination of businessmen's standardized operation guides consumers to consume rationally, and the majority of businesses operate with integrity.
Case 3
Compensation for Mental Damage Consolation Fund for Loss of Wedding Video Materials
——Zhou Moumou and Xiao Mou v. a deduction company contract dispute case
basic case
On February 1, 2019, Zhou Moumou and Xiao Mou held a wedding and hired a performance company to provide them with wedding services. The two ordered wedding services worth 5,500 yuan from a performance company, including hosting, photography, videography, and wedding cars. Decoration, lighting rental, audio, florist, wedding scene, shipping fee, etc. Among them, the photography service is 600 yuan.
Zhou Moumou paid a deposit of 500 yuan in advance to a certain performance company. After the wedding, Zhou Moumou and Xiao Mou paid all the service fees.
Afterwards, a certain interpretation company lost the video data of the wedding process and could not deliver the data to Zhou Moumou and Xiao Mou. Zhou Moumou and Xiao Mou then asked the court to return the service fee of 5,500 yuan and compensate the spiritual comfort fund of 50,000 yuan.
referee result
The court held that, except for the photographic materials that could not be delivered, a deduction company had completed all other services, and Zhou Moumou and Xiao Mou had not raised any objection, so the service fee that a deduction company should return should be 600 yuan for the photography part, and Not all service charges.
At the same time, the photographic materials in the dispute in this case recorded important moments in the lives of Zhou Moumou and Xiao Mou couple, and have special commemorative significance. Since the wedding process cannot be repeated and reproduced, the content recorded in the photographic materials is very important to Zhou Moumou, Xiao Mou and his wife. For Xiao, it is a specific commemorative item with a symbolic meaning of personality. A performance company failed to deliver the camera data to Zhou and Xiao as agreed by both parties, resulting in the permanent loss of the carrier recording their wedding scene. The breach of contract violated the ownership of the two newcomers to their specific commemorative items with personal symbolic meaning, causing mental damage to Zhou Moumou and Xiao Mou.
The people's court determined the mental damage consolation fund to be 6,000 yuan based on the degree of fault of a certain company, the economic ability to bear the responsibility, and the local average living standard.
typical meaning
The wedding is a special experience with great commemorative significance. The video data of the wedding scene is the precious data of every couple entering the marriage hall. Caused physical damage to physical health and integrity, but this incident caused mental damage to the parties. In this case, a performance company lost the commemorative image of their couple's personality symbolism, causing irreparable damage to the two newcomers. The mental damage should be compensated for a certain amount of mental damage consolation.
The handling of this case not only safeguards the legitimate rights and interests of consumers, but also urges operators to continuously regulate their business activities and jointly create a good, orderly and trustworthy business environment. The socialist core values of civilization, freedom, equality, integrity and friendliness are of great positive significance.
Case 4
The operator of the unused amount of the prepaid card should return it to the consumer
——Zhang Mou and others v. a sales company, Meng Moumou service contract dispute case
basic case
From 2017 to 2019, many parents including Zhang Mou went to the swimming pool operated by a sales company for their infants and young children aged 1 to 3 to purchase cards and sign a membership agreement. Each person deposited several thousand to ten thousand yuan. etc., the company's legal person and sole shareholder Meng Moumou shall be paid by WeChat transfer or Alipay transfer.
At the beginning of 2020, the infant swimming pool was closed. After that, the company's contract for renting the venue expired and it will no longer continue to operate.
The company stopped issuing refunds after refunding some parents for unused fees.
After Zhang and others negotiated with Meng, the legal person of the sales company, to no avail, Zhang and others sued the court, requesting that the sales company and Meng return the remaining service fees.
referee result
The court held that the swimming pool operated by the sales company was not open for business during the epidemic and ceased to operate after the leased site expired, and the sales company no longer had the conditions and ability to continue to perform. Therefore, the sales company should The corresponding prepaid fee will be refunded after the number of times is converted.
Because Meng Moumou, as the sole shareholder of the sales company, received advance payments from consumers in his personal account, resulting in the confusion of personal property and company property, the court ruled in accordance with the law that the sales company should return the remaining advance payment to Zhang and others. Meng Moumou shall be jointly and severally liable for the return of the above-mentioned advance payment.
typical meaning
Prepaid card consumption is widely used in the service field, especially in education and training, beauty salons, car washing, laundry, fitness and other services, while the following situations exist in the practice of prepaid card consumption: in the process of card application, due to the operator's publicity inducement, prepaid card consumption There are stipulations in the contract that "consumers will not make up, refund, or transfer after the card is issued, and no refund will be given if the card is overdue", the deduction after the card is unclear, and the service is degraded, resulting in disputes between consumers and merchants in the consumption of prepaid cards What's more, some operators run away with money in the name of decoration, maintenance, business closure for rectification, or after refurbishment, change the facade and terminate the service, causing the consumption dilemma of prepaid card consumers.
In this case, by ascertaining the performance of the contract between the consumer and the operator, when it is confirmed that the operator cannot continue to provide the agreed service, it is clear that the operator is obliged to return the unconsumed part of the advance payment, and combine the sales For the nature of the one-person company and the status of the shareholder's collection of advance payments, the company legally determines that the shareholder should be the subject of responsibility and bear joint and several liability for the sales company's debts to return the remaining advance payment, so as to maximize the protection of the legitimate rights and interests of consumers.
Case 5
If the electricity cannot be used normally after the purchase of the house, the buyer has the right to ask the developer to compensate for the loss
——Zhang Mou and a real estate development company house sales contract dispute case
basic case
Zhang bought a house from a developer. After moving in, he found that all the power sockets on the negative floor of the house could not be used. As long as the switch was closed, the main switch of the whole unit would trip.
Zhang contacted the property company and the developer many times to no avail.
To this end, Zhang sued the developer to the court and asked the developer to bear the circuit repair costs.
The developer argued that the house had passed the completion inspection and was delivered for use, and it did not recognize the quality of the project involved in the case, and did not agree with Zhang's claim.
During the trial, Zhang applied for an appraisal of the specific reasons why the house could not use electricity normally, the repair plan and the repair cost, and the appraisal agency issued an appraisal opinion, believing that the specific reason why the user could not use electricity normally was the existence of the socket line on the ground floor. Short circuit, the repair plan is divided into laying and removing the original socket line to restore the original state, of which the cost of laying and restoring is 5,000 yuan, and the cost of restoring the original state is 30,000 yuan.
referee result
The court held that the developer, as a construction unit, should bear the responsibility for guaranteeing the quality of the houses it delivered, and repair the houses with quality problems in a timely manner.
In this case, although the circuit system with quality problems does not belong to the main structure of the house, it is still an integral part of the whole house.
Although the house as a whole passed the completion acceptance, it does not affect the developer's responsibility for repairing the problems identified by the appraisal. The developer has not repaired it and should compensate Zhang for the repair loss.
Regarding the standard of repair cost, although the appraisal agency gave two different repair plans when issuing the appraisal opinion, Zhang did not agree to apply the repair plan for laying pipes and wiring, and comprehensively considered the cause and quality problems of the case quality problems. The extent of the problem, the duration of the quality problem, and the developer's actions in the process of solving the problem, the court finally ruled that the developer should compensate Zhang for the repair costs and bear the appraisal costs in this case according to the restoration plan.
typical meaning
It is the common wish of thousands of families to live and live comfortably.
The cost of commercial housing can easily be in the millions, and ordinary families can afford it with the strength of several generations.
The quality of commercial housing is directly related to the living experience of the masses and the happiness of the common people.
The circuit socket is also an important part of the house. Although the defect is not easy to be found when the house is delivered and accepted, it actually affects Zhang's daily electricity consumption and daily life, and it has not been resolved for many years.
The judge in this case not only clarified the developer's responsibility for guaranteeing the quality defects of the houses sold, but also clarified the principle of comprehensive and adequate protection.
In the consideration of the repair plan, the cause, extent, duration of the housing quality problem and the developer's actions in the process of solving the problem are also considered, which maximizes the protection of the legitimate rights and interests of the house buyer and helps guide real estate companies. Focusing on quality and keeping integrity, it has contributed judicial power to the construction of an honest, trustworthy and harmonious real estate market environment.
Case 6
There are exceptions to the content that has a major interest in consumers in the standard terms of online consumption, which should be reminded in a prominent way
——Wu Mou v. a travel app operating company in a dispute over a network service contract
basic case
Wu booked an overseas room through a travel app operated by Company A, and the payment method was "pay at the store". After the order was placed, the room payment was deducted from the bank card, and the plaintiff did not stay.
The plaintiff believed that payment should be made after arriving at the store, and Company A breached the contract first and requested to cancel the order.
Company A believes that it has added in the terms of service for "payment at the store" that "some hotel accommodation may charge your bank card the full amount of the reservation in advance", which does not constitute a breach of contract and refuses to refund.
Wu sued Company A to the court, requesting an order to refund the withheld house payment.
referee result
After hearing, the court held that the usual understanding of "payment at the hotel" should be that the payment will be made when the user checks in at the hotel, and does not need to be paid before the check-in.
Even if it is added that some hotels will "charge the full reservation fee in advance" after this clause, special reminders and explanations should be given to this exception. Company A should be held responsible as the provider of the scheduled service.
In the end, the court upheld Wu's claim for refunding the house payment.
typical meaning
In the context of the rapid development of the digital economy and the Internet industry, companies in online transactions basically use standard terms to establish contractual relationships with consumers.
However, while standard clauses play their convenient, efficient and positive role, the problems and risks brought about by their unilateral provision and fixed content cannot be ignored.
The law clearly obliges providers of standard clauses to provide reminders and explanations. Article 496 of the Civil Code stipulates: “The party who provides standard clauses fails to perform the obligation of reminder or explanation, resulting in the other party not paying attention or understanding that it has a major interest in it. If there is a clause, the other party can claim that the clause does not become the content of the contract." Enterprises that provide standard clauses shall, based on the principles of fairness and good faith, formulate the content of standard clauses in accordance with the law and reasonably, and provide the means of performance and other clauses that have a major interest in consumers. , to give special reminders and explanations to consumers, so as to maintain the transaction order, balance the interests of both parties, and promote the development of the industry.
The judgment of this case further clarified the responsibility of the network service provider as the party providing the standard terms, and guided the Internet transaction model to be more in line with the spirit of contract freedom and contract justice.
Case 7
The store should be responsible for the behavior of online store customer service
——Li v. a bookstore information network sales contract dispute case
basic case
Li paid 22,172 yuan to buy books at the online store operated by M Bookstore. Due to the limit of the bank account associated with the e-commerce platform, after communicating with the store customer service, Li paid 10,172 yuan through the platform and transferred money to the store customer service Zhao on WeChat. 12,000 yuan.
On August 25, 2019, Li informed Zhao that the book list had changed, and that it would be shipped after confirmation. Zhao agreed.
Later, the two parties made changes to the variety and quantity of the purchased commodities, and the transaction price was changed to 1,223 yuan.
M Bookstore returned the 10,172 yuan paid through the platform to Li, but after deducting the transaction price from the amount paid to Zhao through WeChat, 10,777 yuan remained unreturned.
After repeated requests for a refund to no avail, Li sued M Bookstore to the court, requesting a refund of the purchase price.
referee result
The court held that when the transaction involved in the case occurred, Zhao was an employee of M Bookstore, and as the customer service of the online store operated by M Bookstore, he negotiated with Li about the purchase of books, and this behavior was within the scope of the online store customer service staff.
M Bookstore has not given special reminders or notices about the methods and channels of transaction negotiation, so whether the behavior is through the e-commerce platform or WeChat, the only difference is the negotiation channels and methods.
Li has reason to believe that Zhao's behavior is to negotiate with M Bookstore on behalf of M Bookstore, and Zhao's behavior should take effect on M Bookstore.
An online shopping contract was established between Li and M Bookstore for the purchase of books.
Afterwards, Li proposed to change the name and quantity of the purchased books, and asked for the remaining amount to be refunded. Zhao agreed, and it should be deemed that Li and M Bookstore had changed the content of the contract, and M Bookstore should refund the remaining amount of 10,777 yuan, so the judgment was made. Supported Lee's claim.
typical meaning
Convenient and fast transactions are one of the advantages of Internet consumption, and the security and stability of transactions are also the meaning of consumer protection, and the two should not be neglected.
In reality, considering consumers’ differences in shopping habits, communication software usage habits, preferences, and other specific circumstances, it is not appropriate to easily deny the validity of consumer-merchant-related transactions simply because consumers have not fully paid through e-commerce platforms.
The judgment in this case determined that the store customer service can conduct transactions on behalf of the store, which is to protect consumers' trust in the store during the transaction, and also to maintain the transaction order and safety. Further standardize the sales behavior of merchants in online transactions, and promote the orderly development of the Internet digital economy industry.
Case 8
Operators are not allowed to use the consumer information they hold for commercial promotion without permission
——Zheng sued a company for a dispute over Internet infringement liability
basic case
Zheng and his spouse took a group of intimate photos in a photo studio opened by a company.
When signing the contract, Zheng did not agree that the photographed works could be used by the photo studio for commercial promotion.
On November 1, 2019, a company used the intimate photos of Zheng and his spouse to promote their business in the two WeChat Moments that they operate.
Zheng believed that a company had infringed his portrait rights and privacy rights, and sued the people's court to ask the company to apologize and compensate for the loss of 72,000 yuan.
referee result
The court held that a company, without Zheng's consent, used Zheng's portrait for commercial promotion in the WeChat Moments it operated, which constituted an infringement of Zheng's portrait rights by using the Internet.
The photos involved in the case belonged to the intimate photos of Zheng and his spouse, and a company also violated Zheng's privacy.
Based on Zheng's reasonable rights protection expenses and the degree of subjective fault of a company, the court ordered a company to apologize to Zheng and compensate him for the loss of 15,000 yuan.
typical meaning
The private information left by consumers in the process of receiving services, such as name, portrait, service content, etc., involves consumers' rights to portrait, privacy and other rights, and is protected by law.
For operators, consumer information has economic value and provides a profit driver for operators to illegally use it.
When operators use the consumer information they have collected in their business activities, they shall follow the principles of legality, justification, and necessity, and shall not violate the provisions of laws and regulations and the agreement of both parties.
This case clarifies that operators are not allowed to use consumers’ personal information for publicity without the consent of consumers, which will help guide operators to regulate their own business behavior and strengthen the protection of consumers’ personal information.
Case 9
If the seller's business activities on the second-hand commodity website constitute fraud, he shall bear the liability for punitive damages
——Gao v. Yang, online information shopping contract dispute case
basic case
Yang published the transaction information of second-hand "a well-known brand wireless headset" on a second-hand commodity online trading platform, saying that the wireless headset was a gift when he purchased other digital products at the official franchise store when he was traveling. .
Gao was informed of the information, and after confirming to Yang that the second-hand product was a brand new official product, he reached a transaction with Yang through the second-hand commodity online trading platform.
After receiving the headset, Gao found that the wireless headset was a counterfeit product, and believed that Yang’s sales constituted fraud, so he filed a lawsuit with the court, requesting that Yang should be ordered to return the paid purchase price and bear the punitive compensation liability of three times the price. .
After the trial, the court found out that the "second-hand goods" sold by Yang were indeed counterfeit products, and Yang had sold more than 40 wireless earphones of the same style on a second-hand goods online trading platform in a short period of time, with a transaction amount exceeding 50,000 yuan. Yu Yuan.
referee result
The court held that Yang had been engaged in commercial sales activities for a long time under the guise of selling personal idle items on the second-hand online trading platform, and sold counterfeit goods in the form of false propaganda, causing Gao to fall into a wrong understanding, and then entered into a contract and formed a transaction. The conduct shall be identified as commercial business conduct, and its conduct constitutes sales fraud.
The court should support Gao's claim that Yang should bear the responsibility of the operator in accordance with the Consumer Rights Protection Law.
Therefore, Yang was ordered to refund the commodity price paid by Gao and bear punitive damages three times the commodity price.
typical meaning
In recent years, the online transaction of personal idle items is in the ascendant, and the number of transactions and the transaction volume have developed rapidly.
The emergence of major second-hand commodity online trading platforms has further promoted the prosperity of idle second-hand commodity trading by individuals in society, but it cannot be ignored that the commodities released by sellers in second-hand commodity online trading platforms are mixed up, and there are many incidents that infringe on legitimate rights and interests.
For transactions on second-hand commodity online trading platforms, the rights and interests of buyers are damaged, and it is not clear whether the law on the protection of consumer rights and interests can be applied to require sellers to bear the responsibility of operators.
From the perspective of promoting the healthy, standardized and orderly development of online transactions of idle second-hand goods by individuals in the whole society, and from the perspective of equal protection of the legitimate rights and interests of market transaction entities, it is necessary to distinguish between transaction entities in the online second-hand market. Under the circumstances of nature, source, quantity, price, frequency, whether there are other sales channels, income, etc., the sellers who have been engaged in second-hand trading profit activities for a long time are reasonably defined as operators, and the relevant provisions of the Consumer Rights Protection Law shall be applied to effectively safeguard legitimate rights and interests of consumers.
Case 10
E-commerce operators should abide by the favorable promises made to consumers, and the interpretation of the promises should be based on the common perception of ordinary consumers.
——Qi Moumou v. Luo Moumou online information shopping contract dispute case
basic case
罗某某在某网络购物平台开设有网络店铺，从事某品牌电动摩托车锂电池的销售经营活动。罗某某在其网络店铺销售商品时对外宣称，商品“签收15天内支持免费退换货，半年内质量问题换新，两年保修”。齐某某在罗某某网络店铺购了前述品牌的电动摩托车锂电池，使用三个月后发现存在充电不满等质量问题，便要求罗某某按销售承诺为其更换新电池。罗某某经检查确认交付的锂电池确实存在质量问题后，同意为齐某某更换新的电池。更换电池后，齐某某仍发现存在同样的质量问题，通过平台与罗某某协商，罗某某明确此前并未给齐某某换新电池，仅更换了电芯，并以销售承诺中的“换新”仅指换“新电芯”为由，拒绝为齐某某更换全新的电池。齐某某因此诉至法院，请求判令解除与罗某某的信息网络购物合同，并由罗某某退还已支付的商品价款。
裁判结果
法院认为，罗某某在销售案涉商品时，通过商品网络详情页对齐某某做出承诺，所售商品“半年内质量问题换新”，按社会普通消费者的通常理解，此处的“换新”应指电池整机换新，而非构成电池组成部分零部件换新。罗某某确认交付给齐某某的锂电池存在质量问题，但却未按销售承诺给齐某某换新电池，而是将部分零部件进行了更换。齐某某要求罗某某按承诺，对整个电池换新，但罗某某一直予以拒绝。齐某某只能另行购买新的电池使用。罗某某在销售商品存在质量问题的情况下，拒不按销售承诺履行更换义务，已构成违约。现其违约行为已致合同目的无法实现，齐某某要求解除合同，退还货款，依法应予支持。
典型意义
E-commerce operators who make favorable promises to consumers when selling commodities shall abide by their promises.
In reality, many e-commerce operators make favorable promises to consumers in the form of publicity or notices when selling goods or providing services in order to attract traffic and promote sales, which are higher than national and industry standards. After the operators form a transaction relationship, the operators refuse to honor their promises for various reasons, which damages the reasonable expectations of consumers and infringes on the legitimate rights and interests of consumers.
The fulfillment of the favorable promises made by e-commerce operators to consumers is not only the fulfillment of the important obligations agreed upon by the two parties to the transaction, but also an important manifestation of the integrity of the business operators.
The promises of e-commerce operators are made to consumers, and should generally be expressed in a way that ordinary consumers in society can understand. At that time, the common understanding of ordinary consumers in the society is interpreted as a standard to strengthen the protection of consumers' rights and interests.