“Original price 1,299 yuan, pre-sale price of 1,199 yuan, cross-store coupons for every 300 minus 40, shop coupons over 200 minus 30, prepaid deposit of 50 yuan to enjoy twice the discount, plus purchases of designated goods over 200 minus 20…” November On the night of the 1st, after experiencing a “tiger-like tiger” operation, the post-95 girl Chen Xue went to sleep peacefully.
The “Double Eleven” of 2021 will come as scheduled. Like Chen Xue, many netizens spent a “thrilling” night. However, some merchants and platforms can’t help but make netizens sigh with emotion: “Complicated rules are hard to break the “final man”!”
Social platform netizen comments
There is no refund. Have you been recruited for this “Double Eleven”?
At the end of October, the “Double Eleven” advertisement started the bombing mode. Opencell phoneApp, website, and promotion information of major brands are rushing. Just when netizens are ready to “start”, the preferential rules set up by merchants and platforms make people wonder where to start.
“Join a member and recommend to more than 3 friends to get coupons.”
“Pay the deposit in advance, pay the balance at the specified time, and enjoy a lower pre-sale price.”
“Cross-up orders across stores, round up the whole number to enjoy discounts; watch the live webcast to bring the goods, grab discount coupons…”
The discounts seem to be “cost-effective” and “touching”, but there are still many netizens who have directly called the merchants’ routines after placing an order with “Passion”.
Some netizens said, “There are too many rules and routines, and many of them cannot be understood” “But when the college entrance examination is as hard as Double Eleven, I will not be like this…”
Social platform netizen comments
Some netizens were shocked and said, “Thinking that I was sober in the morning and calculated whether the full reduction of last night was wrong or not. The result was hundreds of more than the actual payment…”
Social platform netizen comments
More attentive netizens found that after they stayed up late with big dark circles and paid the balance, the merchant lowered the price of the product on the second day, and even the price of some products on “Double Eleven” was higher than usual…
Social platform netizen comments
When a netizen “woke up suddenly” to apply for a refund, he found that the refund channel had been closed by the platform. When he woke up, he received a delivery text message from the courier. “I have experienced that the speed of applying for a refund is not as fast as the speed of delivery. It was delivered at 8 o’clock in the morning, which confused me early in the morning.”
The “Double Eleven” event has kicked off. What is puzzling is, can the deposit paid for impulse shopping be refunded? Can discounted goods be returned or exchanged? Is it considered fraudulent?
At the time of “Double Eleven” wild consumption, these issues need to be paid attention to-
“Deposit” and “Deposit” must be distinguished, and the refund rules are stipulated
In the “Double Eleven” pre-sale, many products have participated in the activities of paying a deposit to enjoy preferential treatment. The “Civil Code” clearly states that the deposit has the meaning of guaranteeing the performance of the contract.
Zhang Jiaen, a lawyer from Jiangsu Feiduo Law Firm, pointed out that the deposit is a contract with a predetermined nature. If the buyer breaches the contract, the deposit will not be refunded; if the seller breaches the contract, the seller needs to refund twice. We can think of the deposit as just an intentional payment.
Zhang Jiaen reminded that if after paying a legally valid deposit, if the buyer regrets it, he can also pay the balance first, and then apply for a “seven days no reason to return” for a full refund.
“Bright down and dark up” can be claimed, special products ≠ “no refunds”
Raise the price first, then lower the price. The discounted goods are more expensive than before the discount… These price tricks have been criticized. The Law on the Protection of Consumer Rights and Interests stipulates that if a business operator commits a fraudulent act in providing goods or services, he shall compensate consumers for losses incurred by three times the price of the goods or services.
In this regard, Zhang Jiaen said, “Consumers must keep good evidence during the consumption process, including payment, placing an order, and even taking screenshots of the price of the product in advance. If consumers find that the merchant has a problem of rising and falling, they can first Contact with manufacturers and platforms. If the problem cannot be resolved, you can report it to the Consumer Association and other departments, or you can directly use legal methods such as prosecution to protect your legitimate rights and interests.”
Zhang Jiaen reminded that merchants cannot refuse consumers’ legitimate demand for return and exchange on the grounds of discounts on goods. “If the quality of the gift provided by the merchant is not up to standard, it will also bear the relevant responsibility.”
Before the express delivery, the merchant bears the risk of damage and loss of the goods
During the “Double Eleven” period, the volume of express delivery increased sharply. If the purchased goods are accidentally damaged or lost during transportation, who should bear the responsibility?
Zhang Jiaen said that the products that consumers buy through various online platforms have actually established an electronic contract with the manufacturer.
“The “Civil Code” specifically stipulates the risk transfer of electronic contracts. When consumers sign for the goods, the risk of loss of the goods will be transferred to the consumers. That is to say, as long as the consumer does not sign for the goods, if the goods are lost, the risk is It does not need to be borne by consumers, but all by the manufacturers.”
If there is a dispute with the merchant during the online shopping process and the negotiation fails, what are the ways to protect the rights?
Consumers can apply to the shopping platform for rights protection, or they can apply to the consumer associationcomplaintOr complain to the administrative department for industry and commerce. If you encounter telecommunications network fraud, you can report to the public security organs.
In the process of online shopping, pay attention to collect and save relevant shopping evidence, such as chat records, shopping records, screenshots of product pages, shopping invoices, express orders, and invoices for use when needed.