Abstract: A 14500 yuan of the original price of the Super tablet computer because of the operation of the business company staff error, was priced at 1450 yuan in Gome online sales. Only 3 hours, the computer sold more than 500 units, the seller lost 6 million yuan. A few days ago, the seller of a commercial company in Beijing
A 14500 yuan of the original price of the Super tablet computer because of business staff error, was priced at 1450 yuan in Gome online sales. Only 3 hours, the computer sold more than 500 units, the seller lost 6 million yuan. A few days ago, the seller of a commercial company in Beijing, one of the consumers to the court, to cancel the sale of the contract relationship between the two sides, Haidian court accepted the case.
The company has signed a cooperation agreement with Gome online this year to sell its agents on the Web platform offered by Gome's online company, the business company said. August 25, the business company in the release of a super tablet computer information, due to the company's employees operating errors, the original "14500 yuan" computer marked as "each 1450 yuan." In the 3 hours after the error message was released, the tablet sold more than 500 units on the Gome online platform, initially counting the loss of the business company to 6 million yuan.
Mr. Liu bought a computer on the same day, the business Company believes that because of the wrong price of tablets, so Mr. Liu's purchase of tablets is a major misunderstanding, so the court to sue for the cancellation of the original defendant on August 25, 2014 to establish a contract of sale relationship.
Reporters yesterday called Gome Online, a customer service staff said the case is not gome online problem, so inconvenient reply.
The Haidian court introduces that, in accordance with the 54th article of the contract law of the People's Republic of China, if the contract between the buyer and the seller is made in a major misunderstanding and is not fair in the conclusion of the contract, or if a party makes a contract by means of fraud, coercion or taking advantage of it, the The injured party shall have the right to request the people's Court or arbitration institution to change or revoke. The case is now being further processed.
Lawyers say buyers and sellers can negotiate
Beijing Woo Tian law firm lawyer Ma Guohua that the industry such a wrong price oolong incident is not uncommon, the same thing happened in Dell, IBM, Taobao and other enterprises, the solution is usually to return a single, compensation or normal shipments, for businesses, the withdrawal will cause consumer complaints, normal shipping leads to direct economic losses. In accordance with the relevant provisions of our contract law, such transactions can indeed belong to the existence of "significant misunderstanding" of the contract entered into. However, the business company also has obvious faults, even if the court supports the lawsuit of the merchant, it is impossible for the merchant to simply take back the wrong computer, because the 14500 yuan tablet also includes a variety of factors such as cost and purchase price, and even if the business company takes back the tablet computer has become second-hand, So the best way is to negotiate with consumers.
In addition, if consumers do not refund the wrong price of the computer, then wait until the computer problems to repair or exchange, the computer invoice 1450 Yuan price can be recognized by the business is also unknown, followed by the warranty and other issues is a major hidden danger.
News link the different endings of the wrong price
Suning easy to purchase this May, Insunin is responsible for price maintenance staff hand mistake, a price of 1999 Yuan AcerW3 tablet computer in Suning easy to purchase the site was priced at 499 yuan, although suning in the first time found and recovered the original price, but within a few minutes, this "history of the most affordable tablet computer" Still sold more than 1000 units. Suning Tesco later confirmed that the price of the event loss of millions of dollars, but still will be shipped as usual losses.
IBM 2004, IBM, the market value of 1500 yuan notebook Kangbao drive error marked as 1 yuan, and finally in accordance with the price of 1 yuan to order users.
Dell in July 2009, Dell in Taiwan 2 consecutive outbreaks in the history of the most serious wrong price oolong, 19-inch LCD Screen 500 NT, 20-inch LCD screen 999 NT, each LCD screen and computer at least 7000 NT $, so the crazy influx of nearly 100,000 orders. But after the Dell refused to ship, only to buyers coupons compensation, at that time caused a lot of consumer disputes. Subsequently, Tainan 31 netizens to unite and cooperate, from August 2009 to sue, spent nearly one year lawsuit, finally won the lawsuit. Tainan decided that Dell was required to ship according to the contract, but the whole case could still be appealed.
Amazon 2012, Amazon will be 1999 Yuan Huawei Glory Black Unicom custom version of the mobile phone to mark the wrong 1499 yuan. Amazon to "System price error" as the basis, the cancellation of user orders, users complained.