Electric Dealer "Shop in store" rights to find who

In the 1th Mall on this open platform on the purchase of goods out of the problem, Mr. Wang is very worried: to find a platform for small business communication, no fruit, to find platform rights, and pushed back to the merchant. Between the merchant and the platform "Buck", the safeguard seems to fall into the cycle of "deadlock".

Over the past two years, a slightly larger number of electric dealers are keen to play the "open platform" concept, in addition to the main business, but also "Sarch" to attract small businesses to join the settled.

From the recent case of online shopping rights, consumers reflect the business and open platform to shirk the responsibility of the phenomenon more and more, then who is the main body of rights protection? What is the definition of responsibility?

Manufacturers, platforms "Mutual buck"

Last November, Mr. Wang bought an electric kettle in a shop on platform 1th, which was less than 3 months old, and found that the kettle had been damaged and the water had been burnt dry without warning. Mr. Wang in accordance with the product invoice on the phone call in the past to request a replacement, telephone that end is not No. 1th Mall, but shop dealers. The dealer promised to reply to Mr. Wang, but heard. Then Mr. Wang also called the Austrian company to raise rights, the company argued that the product is a OEM, let Mr. Wang call another manufacturer phone, Mr. Wang patient communication, still no fruit.

With businesses, manufacturers for up to 2 weeks of communication rights failure, Mr. Wang will look back to the 1th Mall this open platform, he thought, since the goods sold from the platform, the platform should assume the responsibility for the consumer to resolve rights disputes. When Mr. Wang dialed the No. 1th Mall customer service, customer service staff but gave Wang shop dealer contact method, and said "in fact, consumers to communicate with the platform to communicate the effect of similar", when Mr. Wang asked whether the open platform should be responsible for supervision, the other side said "if there are serious problems in the platform, The platform will punish the merchant accordingly. "The matter was resolved after several calls from Mr. Wang."

Mr. Wang has with dealers, brand manufacturers, open platform contact, almost the entire supply chain have communicated once, but he still did not understand that the consumer and the platform, business between the three is what relationship, but feel that the emergence of open platform to make the rights more "around the brain."

The power of platform needs legal basis

Consumers on the open platform to buy products, who should be looking for rights? Reporter Consulting China Network Law Network chief legal Adviser Zhao occupation, he said that to determine legal liability, consumers can view the purchase invoices, if the invoice is signed on the platform business, then the sale of the contract is the platform of business and consumers to establish, from the law, the main body of rights is business, "but if there is no invoice, The powers and responsibilities are not clear. Platform, merchants "Buck", the main reason is not yet clear the relationship between the three. He pointed out that the open platform for small businesses have the right to management, the "marginal" of regulation, there is no legal basis. Only in the light of past jurisprudence, the open platform will be jointly and severally liable when there are major issues such as selling fakes in the platform. Platform providers provide more than just network technology services, there are logistics distribution, collection payment and other comprehensive services, similar to the line with a certain management responsibilities of the market managers, in accordance with judicial precedent, usually have a certain obligation, such as market access before the review of obligations, day-to-day management of the inspection obligations and knowledge of the infringement after the obligation to remedy, If these obligations are not fulfilled, it is necessary to bear certain legal liability.

One side is the gap of laws and regulations, while the rapid development of the online shopping market. Nearly two years, as long as it is a small scale of the electric business has opened "venues" welcome businessmen to settle in, the formation of "shop shop." But in terms of regulation, the description of the responsibilities of each platform is different. Reporter has consulted the cat Platform Regulation rules, the formulation of its provisions are mainly under the reference line of similar mode of management, such as margin system. Cat insiders revealed that, because there is no legal basis, every time to adjust the rules are easy to cause businesses and consumers "uproar."

There are also many problems in the open platforms of other electric operators. Some experts pointed out that the open platform to ask businesses to take money "to earn extra income", but also for consumer rights as a referee, it is difficult to achieve fair and impartial. Last year, the general administration of Industry and Commerce issued "on the Strengthening of Network group purchase management activities of the views", clarified the group buy industry platform, business and consumer relations. Zhao occupation said, "but for the power of the electric business open platform, there is no relevant laws and regulations issued, this legal blind spots need to be filled." ”

Newspaper reporter Xu