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In the past, celebrities brought goods, and often sold millions, tens of millions, or even over 100 million. But a recent news about actor Chen Xiaochun can be described as an embarrassment in capital letters.
The media broke the news that some merchants signed a contract worth 510,000 yuan worth of live broadcasting with goods, arranged For Chen Xiaochun and Internet celebrities to carry goods together, and as a result, 3 live broadcasts only sold 5,000 yuan, and the merchant filed a complaint against the media company responsible for live broadcast promotion in court.
As soon as the news came out, it immediately caused a hot discussion. For the sales of 5,000 yuan, it was also sneered at by netizens. Even, some netizens complained that the ability to carry goods is not as good as ordinary Internet celebrities. Maybe it's because it's too embarrassing. In the face of heated discussion, Chen Xiaochun did not respond for the time being.
4 live streams sold only 5000
More than 410,000 yuan service fee was refunded
According to the judgment, in October 2020, a massager company and a media company signed a "Double 11 Matrix Live Broadcast Promotion Agreement", which stipulates that from November 1, 2020 to November 11, 2020, the media company provided 16 live broadcast sales promotion activities, of which 10 were executed by talents with a total number of fans greater than or equal to 10 million, and 6 were executed by other celebrity anchors in their Internet live broadcasts.
After the massager company paid 515,000 yuan for the promotion service fee as agreed, the media company sent the "Double 11 Live Broadcast Change Instructions" to the massager company, changing the anchor executor of the original 16 live broadcasts to the actual arrangement of film and television star Chen Xiaochun plus 3 Internet celebrities, from November 5 to November 11, and agreed to reduce the service fee by 100,000 yuan.
On the afternoon of November 5, Chen Xiaochun's live broadcast did not have a product link in the live broadcast room during the live broadcast, resulting in only a few minutes of live broadcasting of massager company products being removed from the shelves. Later, the media company arranged for Chen Xiaochun's assistant to rebroadcast that night. After the completion of the above four live broadcasts, the sales of the massager company's products were only more than 5,000 yuan.
After the second-instance trial, the Guangzhou Intermediate People's Court held that the 16 anchors in the original contract were changed to 3 Internet celebrities and Chen Xiaochun in the "Explanation of Changes to Double 11 Live Broadcasting", but at the same time, it stated that the content of other contracts remained unchanged. That is, the "Double 11 Live Broadcast Change Instructions" only reduced the number of people who intended to participate in the anchor, but did not change the number of live broadcasts from 16 to 4.
In the actual live broadcast execution, the live broadcast of anchor A, anchor B, and net red C is 1, and after Chen Xiaochun's live broadcast, because the goods involved in the case were not linked to the goods in the live broadcast room, Chen Xiaochun was required to supplement the live broadcast, but Chen Xiaochun himself failed to broadcast live, but his assistant replaced Chen Xiaochun to re-broadcast, the effect of assistant re-broadcasting is obviously not equivalent to Chen Xiaochun, and Chen Xiaochun's assistant is not the traffic anchor agreed in the original contract, so it should be regarded as Chen Xiaochun's live broadcast is not successful. In summary, the media company actually arranged a total of 3 live broadcasts, but the contract stipulated that 16 live broadcasts should be broadcast, so a media company seriously breached the contract.
The court found that because the "Explanation for Changing the Double 11 Live Broadcast" only reduced the number of people who intended to participate in the anchor, and the other contract terms remained unchanged, the ROI guarantee stipulated in the original contract should of course continue to apply. Second, according to the ROI guarantee agreed in the contract, the guarantee amount of live broadcast sales is as high as more than 1 million yuan, but the sales after the actual live broadcast are only 5,000 yuan, and it is obvious that the purpose of the contract cannot be achieved by continuing to perform the contract by the media company to rebroadcast 3 times, so the massager company no longer requires rebroadcast and requires a reasonable refund, and the Guangzhou Intermediate Court supports it.
The Guangzhou Intermediate People's Court finally ruled that the massager company chose to refund reasonably according to the proportion of the number of scenes that failed to be broadcast live, that is, the media company should refund the total service fee of 418,437.5 yuan (515,000 yuan * 13/16) to the massager company.
It is not uncommon for celebrities to live stream the goods to roll over
Celebrities have fame, does not mean that they have the ability to carry goods. In recent years, cases of celebrity live broadcast rollovers are not uncommon.
On November 8, 2020, Yang Kun conducted a live broadcast of goods in his live broadcast room, and on this day he sold a total of 40 products such as down jackets and masks. The pit fee given by the merchant ranges from 100,000 to 135,000, and one of them also gives a 20% commission on Yang Kun's sales.
Some merchants said that they needed to sell 3500 orders to recover the pit fee, but what they did not expect was that in the end, only 180 singles of more than 30,000 yuan were sold; 99 yuan a box of masks sold 18,000 yuan, but the refund was nearly 4,000 yuan; some goods Although the order situation was very good during the live broadcast, there was a 90% refund in the end. One of the merchants spent 120,000 yuan on the pit fee, the total sales volume of the day was 1.2 million yuan, and did not expect to refund more than 1.1 million yuan in a large number of days, and the actual sales were only 40,000 yuan.
In June 2020, Wu Xiaobo opened a live broadcast of "New Domestic Product Launch" on Taobao. According to official data, the five-hour live broadcast attracted 8.6 million viewers and sold 34,000 pieces. However, some merchants involved afterwards said: "We paid 600,000 yuan for the pit fee, and the actual transaction was less than 50,000 yuan." Another dairy company said it sold only 15 cans of milk powder on Wu Xiaobo's livestream. After the incident was exposed, Wu Xiaobo published a reflection article entitled "Fifteen Cans".
In April 2020, a merchant asked Li Xiang to live sell mink sweaters, the original price of the product was 8313, the discounted price was 4988, and the price of Li Xiang's live broadcast room was reduced by 800 yuan, and none of the results were sold. The merchant can only come out and cry: please ask her for 5 minutes, spend 800,000 yuan of pit fees to float in the water.
Lawyer reminder
"This case is very typical of the industry." Mr. Dai, a long-term service provider in Chongqing who provides services for online e-commerce, told the upstream news reporter: "There are three major links in the logic of e-commerce that are very important, sales, selection, supply chain, generally live broadcast will give merchants a sales support, otherwise who will do it? In addition to entertainment star anchors, the competition with cargo anchors is the ability to sell goods. Mr. Dai pointed out: "The rules of e-commerce are changed in days, and this case is that the two sides did not do a good job in the front-end." ”
Zhou Xiaoshan, a lawyer at Chongqing Yuhe Law Firm, reminds merchants to sign a live streaming entrustment agreement to avoid disputes in the performance process and pay attention to four points:
Specific agreements should be made on the details of live broadcasting, such as the anchor, the number of live broadcasts, the live broadcast platform, the live broadcast method and the live broadcast time, and even the layout of the live broadcast room, so that each link can have rules to follow;
The goal or effect that the live broadcast should achieve should be clearly agreed;
Agree on what liability the entrusted live broadcaster should bear if it fails to perform in accordance with the agreement and does not achieve the agreed purpose;
In the process of contract performance, one party should communicate opinions, and the other party should reply in a timely manner to make a clear statement so as not to be misunderstood.
The star effect is not a guarantee of sales
The Beijing Evening News commented that the live broadcast room is a very magical place. It can make ordinary people become Internet celebrities, and a person's daily performance with goods is comparable to a department store; it can also make the star aura shattered, not only the old artists are criticized for the high quality of the goods they bring, but also many popular idols have exposed their intention to only make quick money through pit fees, disrespect fans, merchants, no sense of contract, and even suspected data fraud. After all, the live broadcast room is an ordinary consumer from all over the world, not a fan gathering place that celebrities are used to, and the set of rice circles will not work.
The comment said that the star effect is not a guarantee of sales, and consumers will indeed stay in a live broadcast room for a while because of the visit of big stars, but they will not blindly pay money because of this. In the same way, it can be proved that those stars with good results, whether it is the selection of products or the control of the supply chain, or even the performance of the live broadcast room, do not lie on the star aura to sleep, but do things seriously. This also proves an unbreakable truth, only down-to-earth hard work can earn money. No matter which party, just thinking of using celebrities to harvest fans to make quick money, consumers will only give the live broadcast room "round trip" treatment, and the merchant will unceremoniously ask for a refund of the fee. Now that there are precedents, celebrities and their teams and intermediary companies must reflect on the road of live streaming with goods, whether everyone can do it.
Sources丨 Upstream News, Beijing Evening News, Sina Finance, Daily Economic News, etc
Image source 丨 Sina Weibo @ Chen Xiaochun, live screenshot, Visual China, etc
Editor 丨 Zhang Lan