Website main body, consumer fraud, "overlord clause", lottery fraud, after-sales service insecurity, the struggle to protect the rights ... At the same time, there are a series of problems in the market of online group buying in China. March 14, the State Administration for Industry and Commerce issued the "on the Strengthening of Network group purchase management of the views" (hereinafter referred to as advice) to strengthen supervision, standardize the order of online group purchase.
Strict access, prior audit, group purchase site to the quality of
Online group buying refers to the commercial activities of a certain number of consumer groups to buy the same goods or services at a lower discount through internet channels.
In recent years, our country's network buys the business activity to develop rapidly, the user total quantity and the transaction scale grows rapidly. By the end of 2011, China's group purchase users reached more than 64 million, growth rate of more than 200%, more than 300 million people participated in group buying.
The introduction of the opinion that the group purchase site operators should be in accordance with the law for Industrial and commercial registration and to obtain a business license, in its homepage eye-catching position to open the business license posted information or its business license electronic link identification.
The opinion stipulates, the group purchase website operator should be to buy the commodity (service) supplier's principal identity and the operation qualification carries on the examination and the registration, may not provide the service to the Purchase goods (service) supplier who does not have the business license or has not obtained the related predecessor administrative license.
Group purchase site operators should also be the purchase of goods or services to carry out strict prior audit of the record, to protect the quality of purchase goods (services), check the identification of commodity inventory, delivery speed, logistics system, service rules and other key factors, and prevent the occurrence of false high quotations.
Opinion request, all over the good network purchase market access clearance, Audit area group buying website's main qualification, to unlicensed operation, to be investigated and banned by law, and to the Communication Management department to close the website according to law, the illegal operation, the law of Investigation and punishment, the circumstances of the serious cancellation of its business license
Prohibit "overlord clause", the release information should be consistent with the actual goods
There is a consumer response, has bought a Hong Kong-style tea restaurant Half-price package, on the website to see the introduction, the variety of dishes rich, but also promised customers can enjoy VIP services. But to eat, but encountered such as a long time, waiter attitude indifference, dishes than usual less than half, the gift "sold out" situation.
This is not an individual phenomenon. In reality, some service group purchase projects often use some vague language to facilitate the operator to explain arbitrarily. Actual consumption, but also in the consumption time, consumption amount, consumption frequency and so on, set a lot of restrictions.
The introduction of the opinion that the purchase site operators may not be in the form of electronic contracts and other means to consumers unfair, unreasonable, reduce, exempt the operator's obligations, responsibilities or exclude, limit the consumer's main rights provisions.
Group purchase website operators to sell goods or services to consumers, should be in advance to the consumer description of goods or services, the name, type, quantity, quality, price and other key information, and in the contract set out the mode of delivery, payment form, return and replacement, refund conditions, after-sales service and so on.
Comments stressed that the Group purchase website operators published goods or services information should be complete, accurate and clear, should not deliberately conceal key information, to ensure that the release of goods or services information and the actual provision of goods or services consistent.
With the contract clear responsibility, do not let the rights encounter "Buck"
In the group buying, many consumers also reflect that once the quality of goods problems, group purchase site operators and suppliers often buck each other, or set up numerous obstacles, delay or refuse to solve the problem.
The opinion stipulates that the group purchase website operator should enter into the business contract with the purchase Commodity (service) supplier, and define the rights, obligations and responsibilities of the parties in the purchase transaction entry and exit, the quality of goods and services, the protection of consumers ' rights and interests, and avoid the responsibility prevarication.
For "pre-payment products overdue refund difficult" this group of complaints hot issues, advice, group purchase site operators should comply with the "Consumer Protection Law" on the return, refund of the relevant provisions, shall not exclude consumers in accordance with the law of the return, refund and other rights.
Group purchase site operators to purchase goods or services by way of a pre-payment, not to set up overdue unpaid advance or limit the amount of money can only be returned to the site account restrictions.
Advice to encourage group buying website operators, through the establishment of the consumer equity margin and the first payment system and the use of Third-party payments to ensure the security of network transactions and maintain the order of network transactions; encourage group buying website operators to provide fair and impartial credit assessment service for consumers, and to buy goods (service) Suppliers Credit situation objective, Collect and record fairly, establish credit evaluation system and credit disclosure system to warn the transaction risk.
The opinion stipulates that the purchase certificate or service document issued by the owner of the group buying website shall conform to the relevant state regulations or business practices, and may be issued electronically in the form of consumer consent. If the consumer requests the purchase certificate or service document issued by the owner of the group purchase website, the operator shall issue it.
Standardize the second kill, lottery promotional activities to protect consumer information security
Opinion, group purchase website operators to carry out the second kill, lottery and other promotional activities should comply with the "anti-unfair competition law" and the general administration of Industry and commerce on the prohibition of unfair competition in premium activities in a number of provisions on the lottery-type premium, prohibiting deceptive premium behavior. Group buying website operators are encouraged to introduce third party notary organizations to supervise the second kill, lottery and other promotional activities to ensure the fairness and impartiality of promotional activities.
The opinion also stipulates that the group-buying website operator should establish the information security protection system, take the necessary measures to protect the security of the data information of the buyer's commodity (service) supplier's trade secret or consumer's personal information.
Without the consent of the parties to the transaction, no third party shall be disclosed, disclosed, transferred, sold the list of transactions, transaction records, etc. involving the purchase of goods (services) supplier trade secrets or consumer personal information data.