Electric business Promotion frequency is "technical error", Low price promotion wins "eyeball" profit

Group purchase success and payment, but after a few days and was forced to withdraw orders. In the Jingdong Mall "one yuan group purchase" breach of contract, the website explanation, because the technical reason, the activity only is the test page, and does not have the real purchase activity to launch. Such "technical blunders" have not been uncommon in nearly two years. Well-known electric network Taobao and Dangdang have been exposed to "forcibly withdraw a single" incident, said basically the same: technical errors.

Frequent "technical mistakes" in the promotion of electric dealers

In August last year, Dangdang launched a "good book 72 hours to buy" books promotional activities, attracted many netizens vigil "seconds to kill." However, "seconds" to the consumer but found that the order was Dangdang unilaterally canceled, the reason is "error leads to price errors."

Last September 1, Taobao suddenly appeared on a number of items on the page, attracting many netizens crazy order. Can be one hours after the order, there are sellers said they were Taobao attack, unable to ship. Subsequently, the relevant trading orders were unilaterally closed by Taobao. Taobao informed that the incident was caused by Third-party software vulnerabilities.

A succession of "technical errors" and "Price Oolong", so many netizens on the credibility of the electrical quotient questioned.

Jing Dong 1 Yuan romantic case of the plaintiff lawyer, Wang Zhan that the site should objectively record the transaction information of goods or services, can not use its dominant position without authorization to change the transaction record: "The website publishes the goods or the service information, legally is the kind of offer behavior, belongs to its meaning expression." If the website says this information is not a true meaning, it must be proved by the relevant legal procedures, such as litigation, and not alone. Before the legal process, its self-proclaimed "technical error" still need to be determined. If the site has not been negotiated with consumers, it is a tort. ”

Low price promotion wins "eyeball" profit

The website is low price promotion, its profit is not only the amount that the huge order brings, more is a kind of latent advertisement effect. In Wang Zhan's view, "eyeball economy" is a unique phenomenon in the process of Internet development: "For the Web site, the attention of netizens and the amount of traffic directly related to their survival." Jing Dong through the "one Yuan group purchase", attracted a large number of users click, in fact, the effect of advertising has been difficult to calculate the potential benefits. ”

"The website has already gained the benefit through" eyeball ", must assume the corresponding responsibility. "Wang Zhan believes that the electrical business site through the design of group buying, promotions and other projects, so that businesses save expensive advertising costs, but now because of" technical errors "and other factors such as mandatory cancellation of orders, there is a suspicion of cheating consumers," according to the provisions of the contract law, the two sides have actually formed a contractual relationship, according to the contract performance should be the legal responsibility of It is a breach of contract that no business can evade this responsibility for any reason, and it is certainly not supported by law. ”

As Wang Zhan said, in the previous Dangdang withdrawal incident caused by the dispute, there are consumers to sue to court, the court heard that Dangdang confirmed that the goods shipped by the parties confirmed that the contract has been established. Dangdang said that there is not enough reason for the mistake price of its goods.

Avoid "technical mistakes" by law

Wang Zhan that the difficulty in supervising the purchase of goods or services is an important reason. At present, the operation flow of the website of the electric business, it is usually to build a platform by the website, attract the supplier or merchant to settle in, promote its goods or service through low price. In the event of a dispute, most of the site is not a product or service provider as the basis, to reject the consumer's related demands, and contact the business is difficult for consumers.

"At present, the electric business is in the initial stage, there is no special legal norms to restrict, and its regulatory problems need to be resolved." Wang Zhan said avoid "technical errors" so that consumers "white happy", the control of "price Oolong" incident, can not rely solely on the electric Business enterprise "technology upgrade"; He hoped that the lawsuit's judicial decision can play a demonstrative effect on the electric business enterprise's normative operation to play a guiding role. Newspaper reporter Liu Dong