Onlookers "make up lessons" first
"End Box" means the purchase of a complete set directly
"Thunder model" refers to a style that does not conform to the public aesthetics and is not good for most people, and the opposite is a hot model. The price of the thunder model may be only half the official price, but the hot model can be at a premium of about 30% on trading platforms such as tide players and idle fish.
Many blind box enthusiasts
All pursue "hot models" and "hidden models"
For this reason
The end box is more cost-effective than buying alone
recently
Multiple consumers responded
Called the blind box planet of the online box drawing platform
There are delayed shipments, selective shipments,
Cut orders, etc
Reporter of China Consumer Daily
Investigate this
01
Consumer complaints
Hot blind box frequency "refunded"
On January 18 this year, Mr. Zhang, a consumer in Xi'an, Shaanxi Province, placed a single box of "BOB Lies and Truth" series blind boxes in the Blind Box Planet Mini Program, a total of 12 models, with a consumption of 1205 yuan, and the page showed that the delivery date was February 22.
According to Mr. Zhang's order, the promised delivery time is February 22.
February 22
Mr. Zhang received a text message from Blind Box Planet
The blind box timeout for "supply problems" could not be issued
And give three scenarios
Replace it with the original blind box of the best-selling series
Select Refund
Keep waiting
Mr. Zhang chose "Continue to wait"
Submitted form showing "Shipped within 30 days"
March 1
Mr. Zhang received 5 blind boxes from the order
It's all thunder models that are lower than the official price
Mr. Zhang received 5 blind boxes, namely stage actors, bounty hunters, stunt attendants, bandit rappers and amusement park NPCs.
Mr. Zhang: "These 5 blind boxes are all thunder models, of which 4 are priced at no more than 100 yuan in the secondary market, which is lower than the official price." Among the 7 blind boxes that were not shipped, there were 3 hot models, which currently have a serious premium in the secondary market, ranging from more than 3,000 yuan to more than 6,000 yuan, which is much higher than the official price; the other 4 blind boxes are also sold at a higher price than the official price in the secondary market. ”
Screenshot of the price of the "BOB Lies and Truth" series that Mr. Zhang placed an order on the Blind Box Planet in the Tide Playmaker.
March 23
Mr. Zhang received a text message from Blind Box Planet again
It said that the supply could not be delivered due to the epidemic
Directly to Mr. Zhang refunded the order
subsequently
Mr. Zhang received money for the undelivered blind box
But Mr. Zhang was puzzled by this: "Why is it only partially delivered at the end of my whole box, and does the epidemic only affect the 7 blind boxes that are refunded?" ”
Ms. Shi, a Shanghai consumer, told reporters that on January 15 this year, she used the "Ou Royal Card" on the blind box planet (this prop can be used to get 1 hidden model when using the end box) to buy a whole box of bubble Mart "labubu genie art" blind box, each blind box 69 yuan, the total price of the end box is 828 yuan.
January 17
She received 9 mines from her order
Secondary market reference price
Ranges from $25 to $48
And the remaining 2 hot models (Van Gogh and Son of Man)
Secondary market reference prices are respectively
177 yuan and 125 yuan
and 1 hidden model (Birth of Venus)
The reference price of the secondary market is 1729 yuan
It was not shipped
Ms. Shi purchased a screenshot of the price of the "labubu genie art" series blind box in the tide playmaker.
Ms. Shi communicated with the blind box planet customer service many times
February 24
The Blind Box Planet was given directly to Ms. Shi
The hidden money is 1600 yuan for the repurchase payment
Refunds are made for unseasoned blind boxes
According to Mr. Zhang and Ms. Shi, there are more than 400 people in the blind box planet rights protection group they are in, and most of them have suffered from the hot money "refunded". According to statistics, the total amount of refunded orders involved in the group is about 59,000 yuan. "We'd rather wait than get our hard-earned hot money refunded." Mr. Zhang said.
02
Blind Box Planet responds
Refunds are the fairest way to deal with them
Some consumers questioned the orders cancelled by Blind Box Planet are hot blind boxes, and the so-called thunder money is still shipping.
In this regard, Wu Wendong, the legal representative of Zhejiang Lejian Network Technology Co., Ltd., a blind box planet development company, told the China Consumer Daily reporter that the platform has indeed received frequent complaints recently. Affected by the epidemic, brand owners and suppliers are unable to arrange delivery in a timely manner. The platform believes that the current refund processing is the fairest way for users to deal with it. Wu Wendong also said that the order of the platform's delivery is only related to the inventory quantity, whether it is a hot model or a non-popular model, as long as there is inventory, it will be shipped immediately. Affected by the inventory of different styles, the platform will arrange wholesale shipments, and indeed some users have received non-popular models first.
On March 31, the official WeChat public account of Blind Box Planet released a "Letter of Apology", saying: "Blind Box Planet has removed all products that may lead to delays to ensure that the goods currently on sale can be shipped as scheduled, and there will be no more delays and non-delivery." ”
However, Ms. Tang, a consumer in Changsha, Hunan Province, in the Blind Box Planet Rights Protection Group, gave feedback to reporters on April 5 that the "The monster fruit" series, "Molly's 15th Anniversary Memory Album" and "Skullpanda Night City" series in the orders she was refunded were still sold in the Blind Box Planet Mini Program and had not been removed from the shelves. The reporter entered the Blind Box Planet Mini Program to browse and saw that the blind box series mentioned by Ms. Tang was indeed still on sale.
The Blind Box series still on sale on the Blind Box Planet Mini Program
03
Legal experts say
Mismatch between orders and sales capabilities is suspected of false publicity
On the above questions
Reporter of China Consumer Daily
Interviews with relevant legal experts
Zhu Wei, Deputy Director of the Communication Law Research Center of China University of Political Science and Law:
Pursuant to Article 49 of the E-Commerce Law and the second paragraph of Article 491 of the Civil Code, if the commodity information released by the merchant meets the conditions for the offer, the consumer selects the commodity and submits the order successfully, the online shopping contract is formed and takes effect, and the e-commerce operator shall not stipulate that the contract is not established after the consumer pays the price in the form of standard terms; if the content is contained in the standard terms, etc., the content is invalid.
The merchant shall perform the obligation to deliver the goods in accordance with the contract, and the merchant's cancellation of the order on the grounds that the goods cannot be purchased and arrived constitutes a breach of contract.
"Consumers can ask Blind Box Planet to resume orders and fulfill their shipping obligations, or they can require Blind Box Planet to bear the corresponding liability for breach of contract."
Lu Yun, a lawyer at Beijing Yihe Zhonghong Law Firm:
In judicial practice, for the merchant's order cutting behavior, the court may retrieve the merchant's purchase and sales data, if the merchant does not have the sales ability to match the number of orders but is still selling, and then cut the order, then the merchant is suspected of false publicity, and may even constitute fraud.
If there is no problem with the invoicing data, it is true that the delivery cannot be delivered due to the epidemic situation, then the merchant does not constitute a breach of contract to the consumer, and further negotiation is required between the two parties, whether to cancel the contract refund or change the contract to extend the delivery.
Wang Jiucheng, a lawyer at Beijing Lidao Law Firm:
Consumers successfully place orders on the Blind Box Planet platform, that is, the merchant and the consumer constitute a contract of sale and purchase. Blind Box Planet's act of directly cutting orders without communicating and negotiating with consumers does not have legal effect on consumers and is a fundamental breach of contract.
The merchant may, in response to the needs of the consumer, choose to continue to perform the delivery obligation, or return the full price of the goods to the consumer and bear the liability for breach of contract caused by the loss of the consumer.
As of press time, Blind Box Planet said that for the affected users this time, it initially intends to give certain compensation, such as free customized no-threshold coupons, consumption points, new blind boxes, etc.
Source: China Consumer Daily WeChat public account
Guangzhou Daily New Flower City Editor: Chen Tingting