Grab a 50% discount on the live broadcast platform for a new mobile phone, the anchor has not yet counted down to place an order, and as a result, he was notified that the order was invalid after payment. Can the buyer refuse a chargeback request for delivery? The reporter recently learned from the Guangzhou Internet Court that the case has gone through the first and second trials, and the orders involved in the case have been ruled invalid.
Buyers place payments before the streamer counts down
On November 7, 2020, Company A carried out a 50% discount mobile phone grab activity in the live broadcast room through the Douyin platform. The host informs the user that the user needs to start snapping up after counting down, and the valid order is the first snap order and the public screen display shall prevail.
Zhu entered the live broadcast room in the middle of the live broadcast, submitted the order and paid before the host started the countdown. Company A then repeatedly informed Zhu that the order did not comply with the rules of the live broadcast room rush activity, and that it was an invalid order and needed to be refunded, and on April 8, 2021, it took the initiative to return the price of 3149 yuan to Zhu.
Zhu believes that the order involved in the case has been established and effective, and Company A should deliver the mobile phone involved in the order. He sued the court, requesting Company A to perform its delivery obligations or compensate Zhu for losses of 3149 yuan.
The court ruled that the sale and purchase contract was not established
Guangzhou Internet Court First Instance Judgment: Rejected all of Zhu's litigation claims. Zhu was not satisfied and filed an appeal. Guangzhou Intermediate People's Court's second-instance judgment: The appeal was rejected and the original judgment was upheld.
The court pointed out that this case was a dispute arising from the "live streaming of goods". "Live streaming with goods" belongs to the new format of network sales, in this mode, it is more to pass important information to network users in the way of "oral broadcasting" of the host of the live broadcast room. If the content of "oral broadcasting" is not considered, only the judgment criterion for the formation of the contract is based on the creation of orders, which does not meet the characteristics of "live streaming with goods" and is not conducive to the healthy and sustainable development of the industry. Therefore, when the content of the "oral broadcast" meets the conditions of the offer and the consumer fails to submit the order in accordance with the requirements of the anchor, it should be an invalid commitment and the sale and purchase contract is not established.
Combined with this case, it was found that the host of the live broadcast room informed the user that he needed to start snapping up after counting down, and the valid order was the first rush order and the public screen display prevailed. The above information is actually a requirement for the user's order time, an arrangement based on the special price and limited quantity of the goods, the basic condition for the formation of the contract, and the content of the offer.
Through the live broadcast room recording submitted by Company A, it can be seen that when Zhu placed an order, the host of the live broadcast room did not start the countdown, so the time of Zhu's order did not meet Company A's offer, and Zhu also confirmed that he did not know the content of Company A's offer on the time of placing the order, so Zhu's self-submission of the order involved in the case was not a commitment to Company A's offer, but a new offer.
Company A did not make a commitment to Zhu's offer, and according to Article 13 of the Contract Law of the People's Republic of China, the parties concluded the contract by way of offer and acceptance. After investigation, Company A notified Zhu that the order was invalid the day after Zhu placed an order, and after that, Company A repeatedly informed Zhu to apply for a refund, which shows that Company A did not make a commitment to Zhu's offer and did not have the contractual obligation to deliver the goods.
According to daily life experience, the merchant to carry out promotional activities will inevitably make certain restrictions on the transaction conditions, and Zhu should have a basic understanding of the relevant conditions before submitting the order. The case involved in the rush to buy activities is for all users in the live broadcast room, and the relevant rules not only restrict Zhu Mouren, if it is determined that the contract in this case is established, it will damage the trust and interests of other users who participated in the rush to buy according to the agreement.
To this end, although Zhu "successfully" submitted the order and paid, his sales contract with company A was not established according to law.
The judge said: Consumers should shop in good faith as required
The economic official pointed out that in the online live broadcast promotion activities, the merchant should adopt appropriate methods to ensure that the user entering the live broadcast room can fully know the details of the promotional goods, the promotion rules and other information, such as the public screen display, the prominent position display in the live broadcast room, etc.; can also take technical measures to prompt the user when submitting an order. In addition, it is also necessary to avoid disputes arising from technical loopholes as much as possible.
Consumers purchasing goods through online live broadcasts shall fully understand the relevant rules, shop in good faith in accordance with requirements, and avoid disputes.
Online live streaming marketing platforms should also strengthen the platform management of live broadcast marketing activities, and guide merchants to standardize their operations and prompt consumers to prevent risks by formulating platform rules and platform conventions.
Text/Guangzhou Daily, Xinhuacheng Reporter: Charter Correspondent: Yuan Yue
Photo/ Guangzhou Daily, Xinhuacheng reporter: Charter
Guangzhou Daily Xinhuacheng Editor: Zhao Xiaoman