Business to out of stock as a unilateral cancellation of user orders, experts said the net purchase Industry overlord clause urgent need for legislative norms
A original price of 45 yuan 50g of Gaofjie face milk as long as 0.1 yuan! The night before 10 o'clock, Dangdang on this ultra-low-priced cleanser attracted many netizens under a single crazy Rob. But yesterday 9:45 A.M., many users of the order was canceled, the reason is "total out of stock." Following the "one-dollar Adidas shoes", "110-dollar Samsung mobile phone", Dangdang this year has been a continuous occurrence of oolong incident. When it is not a case, the unilateral cancellation of orders reflects the internet shopping industry chaos.
A0.1 Yuan Facial Cleanser someone buy 500
The night before 10 o'clock, Changsha residents of Mr. Tan often on a forum especially lively. Netizens told him that Dangdang has a special cheap promotional activities, the original price of 45 yuan Gough Men's facial cleanser is only sold 0.1 yuan. Mr. Tan verified the situation and told many relatives and friends about the news. After that, he ordered 500 orders three times. A single 50 of his choice of online payment, plus 5 yuan freight, a total of 10 yuan paid. The other two orders were selected for payment on delivery.
A "big", Mr. Tan began to doubt is not dangdang wrong price, until about 0 o'clock yesterday, he again login Dangdang, found that the order has been approved and show the distribution, Mr. Tan just feel "this is a thing".
Before the late 6 o'clock in the morning yesterday, the 0.1 yuan of facial cleanser attracted a lot of netizens snapped up. Sina Weibo, Tencent Weibo and QQ group have a lot of people posted information, causing onlookers. Hao, who was on the night shift, snapped at around 2 o'clock in the morning yesterday, "there was no response to a few purchases, and it was estimated that too many people were snapping at the same time." "Hao said.
B Order mandatory cancellation is referred to as "do not speak good faith"
However, the hope that the users of the delivery of the next day but disappointed. About 9:45 A.M. yesterday, Mr. Tan found his orders from the "distribution" into a "system automatically canceled." Merchandise has also been off the shelves. Dangdang sent him ane-mail, given the reason is "total out of stock", and said only after the delivery of orders to be established.
Then, Mr. Tan called Dangdang customer service phone, customer service staff told him that within 48 hours will have staff telephone contact him, he has paid 10 yuan to return to his designated account. Mr. Tan's encounter is not a case, he found that the forum ordered a lot of users of the goods have been withdrawn orders. "I paid for the order, and there was no violation of the rules, so when do I have to cancel the order at random?"
"In fact, I do not intend to really receive the goods, but I am very interested in testing the credibility of the When." "The Netizen" the Sea Biscuit says. Yesterday, netizens have accused Dangdang without notice to cancel the order of the behavior is too dishonest.
C NET to buy the overlord of the terms of Internet users fear difficult rights
Yesterday afternoon, the reporter received Dangdang PR manager Ye Xiaozhou sent a "about 0.1 yuan Gaofjie face milk sales statement." The statement said that the Gaofjie milk price of 0.1 yuan is not the wrong price, "because the goods for the gift, Dangdang in the product page has been marked ' gift Quantity limited first to first", but because of the consumer crazy Rob, resulting in orders more than inventory. "Dangdang commitment to the next single success and received confirmation of the delivery of mail orders, will be all shipped." "For a small number of customers who do not receive a confirmation of shipment, we will give each consumer a 10 yuan coupon as an emotional compensation." We will refund the payment as soon as possible for some of the paid orders. ”
But many netizens do not buy this statement, a Netizen said, since the number of promotional activities is limited, the site should set the maximum quantity of goods, to reach the limit to automatically terminate the order. Even netizens ridicule, dangdang the fastest action is not shipping, but cancel orders "tease you play."
On whether Dangdang has the right to unilaterally cancel orders, Hunan Jinzhou law firm Xutao Lawyer said Dangdang said that only the issue of goods out of the library e-mail notification order only set up the act of the Overlord clause. In accordance with the provisions of the contract law and the Consumer Protection Act, the contract has been established at the moment when the consumer orders and successfully pays. Dangdang's trading terms belong to the FORMAT clause, its provisions are not appropriate, should belong to the invalid provisions. "Consumers can ask to continue to perform their contracts and lodge complaints or lawsuits against the relevant authorities." But Xutao also said that because of the cost of litigation, very few consumers will choose litigation rights, the vast majority of the choice to "swallow", even if the complaint is hard to get substantial compensation.
Journalist Notes
Even four times "Oolong" when why so drag
Baidu is not difficult to find, Dangdang has appeared three times this year "Oolong" incident: the wrong Adidas shoes price 1 Yuan, Samsung mobile phone wrong label 110 yuan, the original price of 1800 yuan of books were wrong hanging into 50 yuan. Xutao lawyer said, the wrong price gate incident so that Dangdang and other electric dealers suffered a serious credibility crisis, if not to take the relevant remedial measures, will bring very bad impact.
E-commerce Web site since the events of the dragon in fact occur repeatedly, the treatment of different ways. 2008, Lenovo on the United States website will be 1700 dollars of computers marked 264 U.S. dollars, then canceled orders; September 2008, The Amazon will be worth 2261.54 of dollars of 52-inch sharp LCD TV labeled 38.45 U.S. dollars, set off a buying spree, the U.S. Amazon after the deletion of the error page, the matter is gradually not the following; at the beginning of 2010, the excellent network "25-yuan gate" and "hard drive door" incident finally was also
Our country has 400 million netizens, the net buys the crowd to grow rapidly. Taobao, for example, 2010 Taobao average sale of 48,000 items per minute, up to 60 million times a day visit, the peak value of a daily turnover reached 1.95 billion yuan. However, the legislation of online shopping is obviously with the rapid pace of the development of the online shopping industry.
China currently does not have the legal norms about online shopping, consumer rights protection often encounter can not rely on embarrassment. And some businesses often use the loopholes of laws and regulations, make the Overlord clause, infringement of consumer rights.
Changsha Electronic Commerce Association Secretary-General Wang Yingping that, in response to users of the hot spots, now urgently need to introduce the online purchase of goods quality, logistics distribution, trading integrity and other aspects of the laws and regulations.