"Wrong Price Gate" verdict: No victory or defeat

There are countless operational technology risks in the operation of electronic business websites. One of the problems caused by the operator's sense of responsibility or internal communication problems often makes the operator have a headache. When the number of users in the http://www.aliyun.com/zixun/aggregation/8331.html "> website is small, the problem is not enough to pose a huge operational risk to the site, but when the number of users in the site is huge, the risk is also increasing."

December 5, the Dongcheng court published the so-called "China online shopping rights First case" Dangdang "wrong Price door" first-instance decision results. This case is of great referential significance to the operation of electronic business websites.

Judging from the verdict, the result of the lawsuit, a small number of consumer demand has been supported, but most of them are not supported. We see the court's decision is based mainly on the law of PRC contract:

1, the court thought: Dangdang's "Dangdang trading clause" is an effective clause, according to this clause, the contract must be the defendant Dangdang to confirm the shipper is established. In other words, the court found that the purchase of an order without a confirmation email was not considered a contract.

2, the court believed that Dangdang only by unilateral investigation to prove that the wrong price error is not sufficient. In addition, from the normal view of E-commerce promotion, it is not possible to measure the low price by cost alone is a major misunderstanding. Therefore, Dangdang issued to confirm the issue of the protection of the rights of the Court to obtain support.

In view of the above information, the Court's most important criterion is whether Dangdang sent a confirmation of the issue of mail.

In accordance with the general rules of the domestic courts, the outcome of the case will be used as a reference case to influence the future operation of the electric operator. In this respect, we can sum up several important principles:

1. In the course of the electric business transaction, "Confirm the shipment" will be the sign of the contract. Therefore, in the process of product design and operation, the seller and buyer will be deemed to be the contract when issuing the status or process of confirming shipment.

2, the court will partially support the Electronic Business platform of manual input errors, "confirm delivery" as a sign of the contract as the operator of the final opportunity for repentance. Platform operators and electric dealers can use this as an opportunity to finally correct their mistakes.

3, the court does not take the cost price as the correct price criterion, that is to say, the Court is not responsible for market regulation. From some information, the price supervision of foreign countries is led by the trade association, at present, the responsibility of the main body is absent, the market is unhealthy.

4. The Court does not take the findings of the industrial and commercial sectors, which are unilaterally requested, as a criterion. Therefore, the operator of the site operators in the failure to prove their own mistakes, only through work audit control final delivery confirmation process to reduce losses.

Events come to an ending, online shopping industry as an emerging industry, the development of inevitable will also face more problems, this is an industry from scratch, from small to large inevitable experience of the process. In the face of problems, are pioneers, there is no victory or defeat.