Gome Online sales BMW luxury car set Oolong 1.7 million yuan BMW labeled cabbage price

Summary: Gome (micro-blog) online sales BMW luxury car set Oolong, the original 1.7 million-yuan BMW, but was marked as 170,000 yuan in the sale of Chinese cabbage, in just a few hours to sell more than 10 vehicles. Customers who thought they bought a bargain were cancelled by Gome online and refunded. On this

Gome (micro-blog) online sales BMW luxury car set Oolong, originally 1.7 million yuan BMW, but was marked as 170,000 yuan "cabbage price" sales, in just a few hours to sell more than 10 vehicles. Customers who thought they bought a bargain were cancelled by Gome online and refunded. In this respect, consumers are dissatisfied and claim damages. And lawyers have different views, some people think that the matter constitutes a "major misunderstanding", some people think that the promotion of electricity dealers is the norm, there is no "significant misunderstanding" suspicion.

After Oolong: "Just when nothing happened"?

Yesterday, Ms. Zhang of Zhongshan, Guangdong, told reporters about the whole incident. In the early hours of December 13, she received a call from a friend, said in the Gome online BMW 4S shop do not know is to do promotions or how, a BMW 550IXDIRVE sold 170,000 yuan. A look at the relevant web site, the seller called Beijing Bao Ze line 4S shop, it is 170,000 yuan. The family had planned to change cars recently, and she didn't hesitate to buy it. Full payment of 170,000 yuan, a check just know the car market price in 1.7 million yuan, then Miss Zhang was very happy.

"Can The merchant deliver?" Will you cheat that they have the wrong price? I was worried about that. ”

Not two days, sure enough to receive a call from Beijing. It was the 4S store, said it was the wrong price, would like to refund and apologized to her, "everyone will be when nothing happened."

"Of course I don't accept it, and I shouldn't pay for your wrongdoing," he said. "said Ms. Zhang.

Gome reaction: Let the customer "rest assured" quietly cancel the order

Ms. Zhang said, December 17, she received a call from the merchant, "said the other party, we agreed, we are ready to send you a gift package to express our apologies, this gift bag is a BMW bag." "In this, she said not to accept."

December 19, she dialed gome online artificial complaints telephone, staff said, will be processed as soon as possible, let her rest assured. Did not expect to go backstage to see the afternoon, the order was actually canceled. It made her feel angry.

"Electric business, the most important thing is to speak good faith." Business wrong price, to actively negotiate with consumers, should not be strong, mandatory cancellation of orders, this is the shop bully practice. "said Ms Zhang.

Ms. Zhang said that the Internet to see other such as the Sky Cat and other platforms, such as the processing of the price of the wrong information to know, this situation has occurred before. The cat for the merchant price has a clear stipulation, if the refusal of shipments, it is necessary to compensate consumers 30% of the loss, that is, 51,000 yuan.

Another consumer who bought BMW 170,000 Yuan yesterday said it was a clear default that it did not agree to the unilateral cancellation of the deal. If the other party does not perform or compensation for losses, will be in court with the merchant.

Merchant response: Deep apology compensation 30% difficult to accept

Mr. Guan, who is in charge of the sales of the Auto sales service at Bao Ze, Beijing, said yesterday that the price of the BMW car is wrong, the store staff in the price input error, less marked a 0, so, the original price of 1.7 million yuan car into 170,000 yuan, more than 10 consumers have to place a single.

He confessed that the incident was indeed a result of the company's employees ' faulty operation, and they apologized. After the incident, they called the clients to apologize. He also said that it was hard for them to accept that a client had made a claim for 30% of the losses.

The reporter finally calls gome online, customer service personnel said, after the incident, BMW has put forward to them the cancellation of the transaction requirements, they also feel that the merchant marked the wrong price, and then according to the requirements of the merchant canceled the transaction. Currently, they are negotiating solutions with businesses and customers. Regarding the specific compensation and the standard question, may need the merchant to be responsible for the solution.

Lawyer PK

Square：

It can't be canceled.

Guangdong legal Sheng Law firm, senior lawyer Jiang Jongde said yesterday that Gome online and businessmen unilaterally on the wrong price for the mandatory cancellation of orders, is a breach of contract, should bear the responsibility of breach of contract. Under normal circumstances, the merchant in the online shopping mall price, the sale of the behavior of BMW as an offer, consumers if agreed to the price and orders are regarded as a commitment, the consumer made a commitment, the contract was established according to law. After the establishment of the contract, the consumer has passed the payment to fulfill the contract, the merchant forcibly cancels the order does not fulfill the contract stipulation, constitutes the default.

From the normal view of E-commerce promotions, this does not only cost to measure whether the low price is a major misunderstanding (that is, in the current online goods often promotions, 170,000 yuan to buy BMW is not a major misunderstanding). Therefore, can not simply because the employee input error is identified as a major misunderstanding.

Kwong Shin-Li Chunhui law firm said yesterday, the shop (shop) sale of goods have a clear price, commodity specifications, clear delivery time and other means, is an offer, and the customer orders to pay the purchase of the goods, belong to a committed act. The contract was established and effective. Once the customer has placed an order and the payment is successful, the contract of sale between the two parties shall be established and entered into force.

Negative：

The merchant has the right to cancel the transaction

Cungongbao, a lawyer at Guangdong Baohui law firm, said yesterday that in accordance with the relevant provisions of our contract law, when a contract is concluded, a party may change or cancel the contract if there is a significant misunderstanding. 170,000 yuan to buy high-end BMW, in the general sense, consumers can easily distinguish between the possible misunderstanding, if the transaction occurred, obviously unfair. If the merchant is a second kill or let, will be in a prominent position to make explicit, since no, consumers should be aware of their own 170,000 yuan to buy BMW, which is problematic.

He said that the price of a small number of businesses to mark a 0, wrong price, the business also has a fault, belong to the fault of the contract, due to the failure of the contract caused the transaction is not established, to bear the responsibility for the cancellation of the transaction and to the consumers to pay the necessary costs. For example, pay interest to consumers.