Spend 8532 yuan to buy a whole box of blind boxes without drawing hidden money, lawyer: it is difficult to identify false propaganda

Source: The Paper

Recently, some users posted on the social platform, saying that they ordered 12 full boxes of the "DIMOO Where to Go" series in the Jingdong shopping platform "Bubble Mart Jingdong Self-operated Flagship Store", worth 8532 yuan, but did not remove a hidden model after receiving the whole box.

The promotional text of the series of advertisements states that "one out of every 108 products produced is a hidden model", but the lawyer pointed out that from the information marked on the blind box product page, it is difficult to determine that there is false publicity in the business.

The content of the user's posts on social platforms.

Blind box enthusiasts for smoking "hidden" end full case

On the evening of March 11, some users posted that on the evening of March 10, they placed orders for 12 full boxes of the "WHERE TO GO DIMOO" series in the "Bubble Mart Jingdong Self-operated Flagship Store" on the Jingdong shopping platform, with a total of 108 single blind boxes. By default, the user assumes that it is an unopened box.

According to the trading orders passed on, the unit price of the whole box is 711 yuan, and the total price of 12 boxes is 8532 yuan, and the product is marked "no 7 days without reason for return". On the morning of the 11th, the user received a full-box courier with the words "FCL do not disassemble" posted on it. But what the user did not expect was that after opening all the blind boxes, he found that there was not a hidden model.

The user's transaction history posted on the social platform and the full box packaging received.

The user's personal introduction column on the social platform reads "Plastic Villain Enthusiast", and from the screenshots of past transaction records, it can be seen that he has purchased different series of full-box blind boxes of Bubble Mart many times.

The "DIMOO Qunar Series" purchased by the user this time is the latest popular blind box listed by Bubble Mart. The official advertisement for the series is marked with a small print description: "DIMOO Qunar Series Handmade contains 9 regular models and 1 hidden model." The probability of the hidden version of the blind box series of goods is based on the total production quantity, and the production ratio of the hidden version is 1:108, that is, "one of the 108 products produced is a hidden model".

According to the screenshot information uploaded by the user, she contacted the official customer service of the Jingdong platform Bubble Mart for this issue, but the other party explained that "the probability of this draw to the hidden is relatively small." When the user clearly said that he bought a whole box, "the inside of the whole box is definitely to keep a hidden ah", but the customer service replied, "No, you buy 12 whole boxes is a large box Oh, which one is hidden, the shipper's people also don't know Oh."

The user's chat history with the customer service of the bubble mart Jingdong self-operated flagship store.

In this regard, the user questioned the existence of false propaganda at Bubble Mart on the social platform. The user wrote, "Some blind box links say 'Shoot 12 non-whole box', but why not indicate 'Shoot 12 non-full box'? Is the 1:108 written on the page deceiving consumers? Inducing consumers? Play word games here? Bought Bubble Mart's blind box so many times, is there no guarantee at all? If it's not for hiding, what is the point of customers taking pictures of your repeated blind boxes? ”

On March 11, the user posted again, saying that "I have complained and reported!" wait for a result. The screenshot shows that it has registered a complaint with the Beijing Chaoyang District Market Supervision and Administration Bureau. The user replied to the surging news that it was waiting for the follow-up processing.

Lawyer: It is difficult to determine that there is false propaganda in the business

The experiences of these users are not unique. Previously, some consumers posted on social platforms, saying that they had purchased a full box of the same series of products in the bubble Mart offline physical store, and the hidden production ratio was displayed as 1:144, but no "hidden model" appeared.

Below the post posted by the aforementioned user, a blind box enthusiast left a message saying, "Good speechless, direct complaint!" "The box is normally hidden, but there are also black boxes, and the live broadcast room often appears, hey, the flesh hurts."

The surging news reporter noted that on January 10, 2022, the Shanghai Municipal Market Supervision and Administration Bureau promulgated the "Notice of the Shanghai Municipal Market Supervision and Administration Bureau on Triggering the Compliance Guidelines for The Business Activities of The Shanghai Blind Box" (Shanghai Municipal Supervision and Competition 20220014), Article 9: Blind box operators should publicize the key information such as the type of goods, the rules for drawing boxes, the distribution of goods, the number of goods placed, the probability of hidden money extraction, the range of commodity value, and the number of times and amount limits that can be extracted from each series in a conspicuous manner. Ensure that consumers know before purchasing. Blind box operators must not induce consumption in disguise through methods such as changing the extraction results through background manipulation, arbitrarily adjusting the extraction probability, etc. Blind boxes shall not be refused or deliberately delayed in the distribution of blind boxes by means of discounting, repurchase, or exchange. Empty boxes must not be set.

So, the purchase of a whole box can not be "hidden", is there false publicity for the merchant?

Liu Kai, a lawyer at Beijing Zhongwen (Changsha) Law Firm, told the surging news that from the screenshots released by the consumer, the operator of the bubble mart blind box has indicated that "the probability of the hidden money of this blind box series of goods is based on the total production quantity, and the production ratio of the hidden money is 1:108, that is, there is a hidden money for every 108 products produced", which clearly shows that the purchase of the whole box does not mean that the hidden money can be dismantled. Therefore, from the information marked on the product page of Bubble Mart Blind Box, it is difficult to identify the existence of false propaganda by the merchant.

Liu Kai believes that when determining false propaganda, false propaganda conduct that causes people to misunderstand should be determined on the basis of factors such as daily life experience, the general attention of the relevant public, the facts of the misunderstanding, and the actual situation of the person being publicized.

Wu Gang, a partner and senior lawyer at Beijing Yunting Law Firm, said bluntly when he was previously interviewed by the media, "Its text description is actually examining the consumer's language understanding level and mathematical level." ”

The product page of the DIMOO Qunar series is marked with information.

"Everything can be blind box" has become more and more intense, and the chaos behind it has aroused heated discussion in society. During the "3.15" period this year, the blind box problem was also "named."

CCTV Financial Reported that the actual cost of the 800 yuan doll blind box is only 30 yuan, and the price of the goods behind it is inflated, inducing excessive consumption and poor product quality. In addition, the unpacking of the "hidden money" decrees that consumers are addicted, and some consumers have spent 10,494 yuan at a time to purchase 106 blind box packages.

On a complaint platform with "blind box" as the keyword, the number of complaints in 2021 exceeded 9,000, involving multiple industries. Among them, there are 7519 complaints related to "Bubble Mart", mainly including quality problems, refund problems and so on.

According to industrial and commercial information, Beijing Bubble Mart Cultural and Creative Co., Ltd. was established in October 2010 and landed on the Hong Kong Stock Exchange on December 11, 2020, becoming the "first blind box stock" in China.