NET buys into 3.15 Key object, the electricity merchant sells to exist the legal blank

In the CCTV 3 15 party solicitation clue statistics, online shopping, express and car ranked the top three consumer complaints. When the network shopping booming, the quality of goods and description, sales of fake and shoddy goods, buy fakes after the business disappeared can not protect the rights, the network shopping after-sales service can not be guaranteed and other factors have become consumers in the network to circumvent the "reef"

Rule of Law weekend journalist Li

"3 15 International Consumer Rights Day" will soon usher in China's 25th birthday.

Unlike before, this year to 3 15 prepared the "gift", online shopping rights became the "largest" part.

Recently, the CCTV 3 15 party According to the various clues received, summary, statistics, sorted out the number of complaints in the top 10 areas of consumption, including online shopping, express and cars ranked in the top three. The quality of goods and description do not match, the sale of fake and shoddy goods, buy fakes after the disappearance of businesses can not protect the rights of the network shopping after-sales service can not be guaranteed and other factors have become consumers in the network to circumvent the "reef."

"More than a year, the development of E-commerce is the wind, online shopping is Paruzhi." Online shopping, buying become an indispensable part of consumer life, but also make the ensuing e-commerce complaints intensified. Aramus, deputy director of the China Electronic Commerce Association Policy and Law Committee, said to the law weekend reporter.

In the face of emerging complaints hardest-hit, consumer rights protection where to go.

Legal gap in sales of electricity dealers

"Although the price of online shopping is cheaper than physical stores, does it mean that services have to be discounted?" "This is one of the topics that consumers are talking about in Weibo. For consumers, they want to get the same service when they buy goods. But in the face of the growing network shopping industry, the electric business is unable to appear.

Recently, Jingdong Mall and luxury brand Swarovski because of the issue of commodity licensing disputes, the result is a direct result of some consumers can not get normal service.

Swarovski (Shanghai) Trading Co., Ltd. declared: "So far, the company has not authorized any website in China to sell Swarovski products." "and said that any infringement on the Internet or the illegal sale of Swarovski products, will consider taking appropriate legal action."

The face of the brand under the line of "challenge", Jingdong Mall strong response, Jingdong Mall and its 360top website on the sale of luxury goods are from the formal channels, suppliers and brand manufacturers have legal qualifications, complete product procedures and with formal commercial invoices.

At the same time, Swarovski officials announced that Swarovski's Chinese product warranty is only for products that have product warranty cards and sales tickets, and are purchased at a physical store. This means that Swarovski products purchased online will not be able to obtain warranty services at the physical store. And the electric business is not unmoved. Including Jingdong Mall, Taobao, including the domestic mainstream electric business platform is still on sale Swarovski products.

In fact, the reason why Jing Dong is fearless, it is precisely because the existing laws and regulations do not specify the network sales of genuine products encountered problems, E-commerce sellers should bear what legal liability.

On the one hand, luxury brands are trying to maintain their high-end image, on the other hand, the electric business has broken the original price myth of its brand, continue to play low prices, occupy a favorable price advantage. Therefore, luxury brand and electronic commerce frequently exchanged fire, and in the confrontation between the two sides, through the network platform shopping consumers, but became the object of the disaster.

"In recent years, like Jingdong, the type of shopping mall, itself is a trading platform is also a commodity seller, by the network to buy consumer complaints more." If the Jingdong Mall and other electronic business enterprises appear counterfeit products, consumers can be held accountable for their legal liability. But the sale of authentic, but because of the line with the brand of the contradictions between the consumer rights and interests of the loss, but it is difficult to find the basis for the law. "Aramus to the rule of law weekend reporter said.

"In recent years, the Ministry of Commerce in the development of the network retail Management regulations, will be possible to make provisions for similar conditions, standardize the whole network shopping industry, will also promote the Internet shopping platform rules of change." "China Electronic Commerce Association Policy Law Committee member Zhao occupation to rule of law weekend reporter discloses."

The rule of Overlord to withdraw the single frequency now

Not only in the online purchase of goods can not be the corresponding services, sometimes, consumers under the network orders will also be revoked by the electric. How far is online shopping from fair trade?

August 2011, Dangdang launched a 72-hour limit to buy children's books promotional activities, attracted many netizens vigil "seconds to kill." However, the lucky "seconds" to the book consumers found that only one day, their orders are Dangdang inexplicably canceled. The withdrawal incident quickly caused more than thousands of consumers of collective rights, demand Dangdang according to the agreed to perform the agreement. Of these, 6 consumers sued the court and 5 consumers won.

Similar cases took place in July 2011, when Dangdang discovered 1 Yuan Adidas sneakers. Many consumers have successfully placed orders and payment, the same without being told to cancel the order. In this respect, Dangdang explained that 1 yuan shoes is a system error, pay each consumer 200 yuan coupons as compensation. Although the move was rejected by many consumers, the incident eventually subsided.

In this regard, Beijing Lawyers Association Information Network and E-commerce Professional Committee director Li Decheng that: "Whether the employees are operating errors or system errors, should not let consumers pay." The site is not responsible for the cancellation of orders, the trigger will be consumers of the network Mall integrity torture. ”

However, this is only a small part of the success of Rights defenders in many withdrawn consumers. Reporter Login to the major shopping website forum found that businesses arbitrarily cancel the low price order incidents occur. Only 2011, when, excellent, Jing-dong and other famous nets because of no reason to cancel orders, many times by netizens denounced. Why is it so unscrupulous for the electricity dealers to unilaterally withdraw their orders?

Li Decheng to reporters that the power of unilateral withdrawal has been a consumer abhorrence of the behavior, but in recent years the phenomenon has not improved, but evolved into a common phenomenon, the court in the past two years to hear the case of online shopping has also increased significantly. Although the success of consumer rights in the book promotional events, but the case of such consumers are not many, more consumers due to online shopping when the evidence is difficult to retain the problem, in the face of such cases at their wits.

The other reason behind the withdrawal is because of the "rules of the game" agreed by the electricity system.

Although Dangdang failed in the first trial, consumers have been compensated accordingly. But there is no solution to the problem. In the terms of the order made, it is always clear that the order will take effect when it is shipped. This is also a similar standard for most of the electricity dealers, it is precisely because of this provision, so that the electricity dealers in the unilateral cancellation of the order appears to be emboldened.

"Orders in the delivery of the entry into force is the typical overlord clause." When the consumer in the online order, has clearly stipulated the payment method, product type, etc., the order has been set up, equivalent to the purchase contract, should have the legal effect. At this point, the site has the obligation to distribute, rather than take the initiative, free to revoke orders. Aramus told reporters, "the referee may be able to protect the interests of some consumers, but can not stop the spread of the phenomenon." To reverse this mess, the government and Consumer protection departments need to introduce appropriate measures. ”

Express industry disorderly Elephant restricts the development of net purchase

In the development of online shopping, holiday consumption has always been the "feast" of the electric business, although consumers complain constantly, but with the volume of business rising, the electric dealers are still happy.

November 11, 2011, Taobao, Dangdang, Jingdong Mall and other electric giants through the hype "Singles Day", earn pots full of pot. According to Taobao official data show that during this period, Taobao, Taobao Mall "Alipay" trading total breakthrough 5.2 billion yuan, far beyond the shopping paradise Hong Kong 6 days of total retail sales.

Taste the sweetness of Taobao began to create festival movement, only 1 months later, and began the "double 12" promotional activities. This day also for Taobao brought 4.38 billion yuan turnover, influx of 120 million users, equivalent to nearly 8,000 large stores of traffic.

However, the frequent creation of the festival has highlighted the network to buy ancillary Industries express industry shortcomings.

Huge network volume, let Express business surge. However, this is not good news for the express industry. There are express practitioners, due to the festival online shopping business too much, resulting in a lot of sending staff to take part of the business at the same time, this not only makes the efficiency of the delivery of the affected, and easy to cause lost items.

After the 2011-year festival online shopping baptism, the express industry has not recovered its strength, but has become the net after the purchase, the consumer another piece of "heart disease."

"Holiday shopping, express slow also just." But now in the off-season, courier is still often delayed. I do not know is the development of online shopping to let the Express industry became "Party a", or simply did not put the interests of consumers at heart. Beijing White Collar A number of times experienced courier delays.

According to the rule of law weekend reporters understand that the first customer complaints are goods to slow. Part of the network business said that it is the courier company in the logistics of not due diligence, resulting in poor customer assessment, cancellation orders, complaints and other acts. Some people in the industry said that the loss of large, the ultimate service rough, low satisfaction, logistics cost of higher issues have restricted to a certain extent, the development of online shopping business.

In this respect, the above employees to the reporter disclosed, sometimes the company in order to save operating costs, will carry out a certain yahuo, such as pressure to a sufficient number, and then through the lower price of The courier Company "Transport." But asked about the goods in transit if there is a loss of goods who is responsible for the loss of goods, the person said that the situation is not much, if it happens, we will also evade each other. Time dragged on, customers generally have no way, and finally the standard compensation can be.

However, the staff said that the standard of compensation is not damage to the price of goods, but the express industry set up the pay standard. According to the reporter understand, the current express delivery industry on the loss of damage to the compensation standards are not the same, to Yuantong Express as an example, on the loss of insured shipments, damage or shortage, compensation limit of three times times the tariff. In this regard, the Ministry of Industry and Commerce that the provisions of the express industry is very typical of the Overlord clause.

"If the express industry is forced to pay full compensation, then the operating costs will be significantly higher." But if not to standardize, raise the pay standard, may let express industry shirk responsibility phenomenon more common, lost cargo will be repeatedly banned, even the express industry inside behavior. Aramus to reporters.

The same problem is also reflected in the consumer to receive the courier is required to sign after the phenomenon. Often consumers sign after courier quickly leave, and other Kaifeng inspection only found goods damaged or quality problems, consumers can only consider themselves unlucky.

In response, Li Decheng pointed out that, according to the "courier service postal industry standards", "first signed, after inspection" is an illegal clause, the consumer has no legal effect, consumers have the right to refuse. Especially when receiving valuables, must be in front of the courier to open and test the face, to confirm that the goods have no problems and then sign, in order to maximize the maintenance of their legitimate rights and interests.

Let the cost of rights down

Facing the phenomenon that the network buys the industry to disregard the consumer's rights and interests, more and more consumers are trying to defend themselves, but the cost of protecting the rights is too high, even exceeding the commodity itself, has become the obstacle of consumer rights.

In this regard, Aramus that the network to buy Low-cost, Cross-border small transactions in the majority. If all the same as the consumer of the book promotions, to the industry and commerce or the court to seek help, the cost of defending rights is too high, the court and the business sector is not too much energy to deal with one by one. Therefore, the online shopping industry is in urgent need of a more mature model, can communicate and mediate through a third party. The way to promote low cost and social participation is the direction of consumer rights protection.

At the same time, the electronic business and consumers in the network transaction status inequality, leading to the lack of credibility of the electrical business phenomenon, but also let consumers have some criticism. How to let their own rights and interests to get the attention of the electrical business has become a general concern of consumers.

In Zhao's occupation, it is mainly because the illegal cost of the merchant is too low. Compared with the benefits obtained by the merchant, the compensation to the consumers is insignificant, and the role of the illegal business is not punished. And most consumers out of various considerations, in the rights and interests of the time, and did not actively take legal measures to defend the rights, indirectly led to an escalation of the electronic business violation.

"If we can enhance the net purchase illegal crackdown, let the consumer through the collective prosecution to obtain the corresponding compensation, and the compensation can be guaranteed through the court enforcement, and so on, can let the electricity trader realizes the risk and the cost which violates the good faith principle to increase, the unilateral cancellation order and so on behavior, not only will also cause business reputation and word-of-mouth decline. Zhao Occupation said.

Li Decheng also told reporters that in order to solve the electronic business enterprises in the online shopping in the lack of integrity, not only need to strengthen the punishment of illegal behavior, establish the corresponding credit constraint mechanism, but also need to refine existing laws and regulations, the introduction of strong operational industry regulations, you can consider the enterprise's credit rating and can enjoy the policy preferences linked, Let the electrical business really feel the lack of integrity brought about by the burden.