Electric dealers hold overlord clause "bullying": repeated unilateral cancellation of orders

Recently, the electric Dealer website unilaterally cancels the order the situation to happen frequently, even has caused the large-scale consumer rights protection event repeatedly. In addition, the electricity trader adjusts the price arbitrarily, "rises first then drops" almost became the industry default guild. Experts say that many of the electric-business Web sites rely on the terms of the contract to their advantage, so play consumer in the palm of the hand. Even a handful of consumers have angrily sued the electric dealers in court, but few have succeeded in defending them.

Electric Business Method 1: Free price adjustment first rise then drop

In Jingdong Mall, easy news and Amazon and other websites, especially with some mobile phones and digital camera price adjustment most frequently, or even adjust once a day, during the holiday promotion, its price is first rose after the fall. Samsung Note2 mobile Phone (Unicom dual-card version) For example, in the last two months, a while up to 5399 yuan, a moment to 4058 yuan. and the popular Nikon D600 SLR camera price is also up and down violently fluctuation, sometimes more than 12,000, sometimes 10,000 yuan, impatient users unavoidably recruit.

The electricity quotient platform explained: The main is the digital handset and so on product market price fluctuation is frequently caused. But in fact, the major electric platform for sale are licensed, its prices will not be like parallel imports of daily fluctuations, more platform itself is a marketing strategy: only the constant price increases, to create the illusion of price reduction, will stimulate consumers to buy.

In response, it legal experts Zhao occupation said that, according to the "Price law", the operator to use false or misleading price means to lure consumers or other operators to trade with them, is an improper price behavior. Frequent adjustment of prices, the first rise after the fall of the practice of suspected price fraud, violation of the provisions of the price law. This behavior is also suspected of false propaganda, by first rising and descending the way to create the illusion of low discount, misleading consumers, the industry and Commerce departments can also be punished according to law.

Electricity Quotient 2: unilaterally cancel the order

The cancellation of low-priced orders is also the user's criticism of the practice of electric business overlord. Media reports, earlier this month, a buyer in the electric platform "Yiwu purchase" to "0 yuan" photographed 3 million pieces, the total value of nearly 10 million yuan of goods, but the order was "Yiwu purchase" cancellation. "Yiwu buy" Aspect said, some merchant fills out not earnestly, therefore in the price aspect has caused the misunderstanding.

In the past two years, the Electronic business site unilateral cancellation of orders frequently occurred, or even caused a large number of large-scale consumer rights violations, but also become a consumer group complaints of high hair field. Electric business platform excuses are "wrong price", 0 yuan, 1 yuan, such as ultra-low prices, consumers placed orders often empty joy, sparked a strong consumer dissatisfaction.

Zhao Occupation said, if the merchant can provide sufficient evidence to prove that they do exist, is a "significant misunderstanding" in the contract law, you can request the cancellation of the contract. However, the cancellation request cannot be made only on the basis of ultra-low price, because in the electronic commerce, the low price promotion is the normal phenomenon, its itself not to sell how much for the purpose, only to attract the customer to earn a yell. In addition, even if the merchant can provide sufficient evidence to prove that it is the wrong price, it cannot unilaterally rescind the contract, only through the court or the arbitral institution, or by agreement with the consumer to terminate the contract.

Behind the reasons: the terms of the contract for the site more favorable

Why does the electric dealer dare to play the price game to even cancel the order? Zhao occupation uncovered the reason behind. He said that the net purchase contract was set up in the process of two: offer and commitment. The product information on the electric Dealer's website is an offer. Once a consumer orders a purchase, it means that the site's offer to express full agreement, which constitutes a commitment, between the two sides of the sale contract was established. In this normal mode, the sale contract is established or not the initiative is in the hands of consumers, the Electronic business site is in a passive position.

He said that in order to grasp the initiative, almost all of the electronic business site in the user agreement, the Consumer orders under the Act is an offer, and the site through text messages, mail, letter, etc. to send confirmation or even direct shipments of information is a commitment, at this time the sale and purchase contract was established, The payment of the customer's order is only the fulfillment of the contractual obligation in advance.

As a result of the agreement in the electricity business users, in the promotion of products out of stock, or even in the day-to-day operation of a technical failure, man-made reasons or deliberately wrong price, the site can be based on user agreement, that the sale contract has not been established, so you can unilaterally cancel the order, does not constitute a contract

Even though a handful of consumers have sued the electric dealers in court, few of them have succeeded in defending them, because the rules of contract formation in the user agreement are more advantageous to the site. Although many people questioned the validity of the terms of the contract, that it belonged to the Overlord clause, should be ineffective, "but almost no court or business sector to make such a determination." Zhao Occupation said.

Industry reflection: The provisions of the electric business overlord should be urged to amend

The practice of the electric dealer to change the price or even cancel the order, has caused the consumer to distrust the price war of the electricity merchant, and also caused the reflection in the industry. Not long ago, Dangdang CEO Guoqing Bare: All the prices are not really price war is bullying, all do not say the real price war is a big adventure, all the first rose after the price war is a big lie. Unfortunately, we are experiencing such a "farce".

Not long ago, the Beijing Chaoyang Court made bold explorations in the case of Amazon's unilateral cancellation of orders. A major change in the trading model recognized by consumers on the basis of general consumer habits is the decision to establish a contract between the two parties in order to determine that the Amazon has sent a delivery confirmation email to the consumer. However, the website does not fulfill the obligation of reminding the attention, therefore, the agreement should be regarded as not entered into the contract, do not play an effective role to consumers.

The NDRC recently said it would seriously investigate the existence of the electricity industry's promotional price higher than the original price, not to fulfill the prices of commitments, conceal the price of additional conditions and other illegal practices.

Lawyers ' point of view: The biggest problem of consumer protection is forensics

Mengqing, a lawyer at Guangdong's law firm, said the price was wrong, and consumers could ask businesses to continue to fulfill their original orders. However, in addition to setting the sales deadline contract, if the price difference is too wide, the seller can also apply to cancel the contract. Meng lawyers believe that the biggest challenge to consumer rights is to obtain evidence, because the shopping page can be modified and deleted at any time, consumers should be notarized.