Zhongxin Finance, April 19 (Zuo Yuqing) 1 yuan 2 cups of coffee, is it deliberate marketing by merchants, or is the background price allocation wrong?
On the 18th, Luckin Coffee suffered a large number of orders due to the abnormal price of the order on the Hungry Mo platform, and therefore suspended online business, and subsequently, "Luckin Coffee Apology Letter" and "Luckin Cancel bug order is reasonable" rushed to weibo hot search, causing netizen controversy.
The price setting was wrong, and Luckin apologized twice
On the morning of the 18th, many netizens found that the price of many packages on the Ele.me platform was abnormal, and after its preferential price was superimposed on the Ele.me member red envelope, the price of a package (two cups of coffee) was as low as 0.01 yuan.
"We have a shop here, 500 orders in half an hour, and she is shouting for help in the group." In this regard, some Luckin employees said in the Weibo comment area.
On the morning of the same day, Luckin Coffee's official Weibo issued an apology letter, saying that due to the problem of the backstage price configuration of Ele.me, the price of the Luckin Coconut Cloud package was wrong in a short period of time, and the store was squeezed by a large number of abnormal orders.
On the morning of the 18th, luckin coffee's official Weibo apologized twice for the abnormal order.
Luckin Coffee said: "In order to operate normally, we have now urgently cancelled the abnormal order of the Ele.me platform, and the Ele.me store is temporarily closed, and we will consider user compensation and notify you separately." ”
Soon, Luckin Coffee apologized again, saying: "After verification, this is caused by the allocation of internal operation personnel of Luckin." It's causing trouble for Hungry mo and everyone, and we're already dealing with follow-up issues. ”
Some netizens said that all the orders they placed during the abnormal price of the package had been delivered; some netizens said that although they had placed an order for the problem package, the store did not deliver it after that and cancelled the order.
Netizens' views are polarized: default or "wool"?
"It doesn't matter if you're really buggy or real marketing. But we are real users who have placed orders! For Luckin's operation of closing online business and apologizing, some netizens did not buy it.
Some netizens believe that the so-called "price allocation error" is nothing more than Luckin's marketing method, and Luckin's cancellation of the order is a breach of contract, and requires Luckin to compensate. "If you can't afford it, don't play." "Why should consumers pay for their own mistakes?"
However, some netizens expressed their incomprehension: "Obviously I know that people have problems and can still be energetic, is there any problem with people stopping losses and refunding money?" What you receive is earned, what you don't receive? ”
Comments from netizens under Luckin's official Weibo.
In fact, there have been many merchants who have been placed a large number of orders in a short period of time due to the wrong background price settings, and the online orderers are called "wool parties". Zhongxin Finance noted that on the morning of the 18th, a number of people on a social platform posted dynamics to encourage netizens to "raise wool" in Luckin.
In October 2021, the yuanqi forest Taobao official store set the wrong price when pushing the preferential activity, the original price of 79 yuan a box (12 bottles) of sparkling water, after placing an order, the average box is only about 3.5 yuan.
Since then, Yuanqi Forest has issued an announcement that during the period when the operators set the wrong price, a total of 140,500 users placed orders, generating orders worth tens of millions of yuan. Among them, a total of 451 orders for more than 50 boxes were purchased, and the largest order was 41,000 boxes. The price of the goods is not even as good as the cost of delivery.
Lawyer: Luckin does not constitute a breach of contract
So, is Luckin suspected of breach of contract? Does Luckin have the right to cancel an abnormal order?
An Xiang, director of Beijing Dexiang Law Firm, believes that to discuss whether Luckin is suspected of breach of contract, it is first necessary to see whether the contract between Luckin and the consumer is established.
"The discount of luckin problem orders is less than one fold, which is far from the original price, and according to the common sense of life, it can be judged that there is a price setting error." AnXiang said that the premise of the purchase contract is that the merchant and the consumer reach a consensus, and Luckin's obvious price error does not reflect the true meaning of the merchant.
Therefore, the so-called consumer "wool wool" behavior is difficult to support in law: "Although there are many consumers who place orders, because there is a major misunderstanding in the middle, the contract can be revoked legally. ”
Data chart: A Luckin coffee store. Photo by Yin Liqin
According to Article 54 of the Contract Law, one of the parties has the right to request the people's court or arbitration institution to modify or revoke a contract concluded due to a material misunderstanding. This also means that if the "low-priced coffee" is caused by a price setting error, then Luckin's cancellation of the problem order does not constitute a breach of contract.
At the same time, An Xiang said that if there is evidence to prove that Luckin has malicious marketing, it is suspected of fraud. According to Article 55 of the Consumer Rights and Interests Protection Law, consumers may request "one refund and three compensation; if the amount of additional compensation is less than 500 yuan, compensation shall be 500 yuan."
Previously, some judges told the media that if the merchant did not intentionally set up promotional information but mislabeled, this is very different from ordinary promotions.
"If the contract is revoked because the store mismarks the price or quantity, the store may be identified as the party at fault and will need to compensate the buyer for the actual loss." If a buyer places an order to conclude a contract knowing that the contract cannot be actually performed, the expected benefits that can be obtained due to the performance of the contract are actually zero, and in the case of almost zero online shopping costs, it may be determined by the court or arbitration institution to have no actual losses. (End)