Today, three iPhone 14 series models (iPhone 14, iPhone 14 Pro, iPhone 14 Pro Max) are officially released. However, unlike most consumers who pay the balance, Mr. Yang, a Shanghai citizen who previously chose to book the series of mobile phones on the "Love Recycling" platform, is caught in a dilemma.
Mr. Yang told the morning news reporter that on the evening of September 15, he was suddenly notified by "love recycling": the purchase of new machines requires the sale of accessories of other brands. Among them, the amount of tie-in accessories required to select some models is as high as 1500 yuan. Mr. Yang told the morning news and thoughtful assistant reporter that he was quite puzzled by such a practice: "Is the compulsory tying legal and compliant?" Such a big platform, just treat consumers like this? ”
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Video: "Love Recycling" Suddenly Forced To Tie Accessories?
Outrageous: The iPhone 14 was forced to be sold the night before the release of "Love Recycling"
Mr. Yang, a citizen, recently wanted to change his mobile phone, and in early September, he happened to see in the WeChat circle of friends of a "love recycling" merlot store sales staff that "love recycling" has an iPhone 14 series of pre-sale activities.
According to the platform's "Apple New Machine Activity Rules", the activity time is from 10:00 on September 8 to 12:00 on September 15, during the event, users need to enter the iPhone 14 series booking page, pay the deposit on the official website of Love Recycling, and complete the final payment within 10:00 on September 16 to 23:59:59 on September 23.
On September 8, Mr. Yang paid an advance payment of 100 yuan and booked an iPhone 14 series mobile phone through the official website of "Love Recycling". Mr. Yang said that the salesperson said that after the online booking was successful, he could tell him that he would help register. Therefore, after that, Mr. Yang communicated with the salesperson.
Mr. Yang paid an advance payment of 100 yuan
However, on the evening of September 15, the night before the iPhone 14 series was released, the salesperson suddenly told Mr. Yang that according to the "above" notice, Mr. Yang needed to buy a certain amount of accessories to successfully buy the desired mobile phone, and sent a picture.
The text in the picture shows: "Relatives who have made or have not made an appointment, due to the serious premium in the industry this year, have made adjustments to the sale of the 14 series, and the purchase of new machines needs to be tied to sell accessories." The specific content is as follows. We apologize for any inconvenience caused. If you still need to contact me, no need, it doesn't matter, very sorry. ”
Mr. Yang opened the form and found that if he wanted to buy an iPhone 14, he needed to buy another accessory or extended warranty product, with a total price of at least 300 yuan; To buy the iPhone 14 Pro and iPhone 14 Pro Max, you need to wear at least 1500 yuan of accessories and extended warranty products. The optional accessories are all fast charging heads, mobile phone cases, headphones and so on of other brands. The specific models and product pictures of these "tie-in" products are also not displayed and explained.
In the face of such a "forced tie-in sale", Mr. Yang was very angry, and he told the news morning newspaper and the weekly deputy reporter that what he was facing now was either to give up the qualification to grab the first product launch, or to buy back a bunch of accessories that he could not use at a price that was not cheap.
Rip-off: The customer service said it was the store behavior, and the regional manager said that it was the company's request
What made Mr. Yang even more angry was that he also found that in just one night, he saw that the "Apple New Machine Activity Rules" had changed.
For example, on the evening of September 15, there is also a benefit in their rules is 'super provincial purchase of iPhone 14 series accessories up to 60% off (the highest discount amount of 70 yuan)', and on September 16, I looked again and found that it became '70% off mobile phone accessories'. ”
The purchase activity suddenly changed
"How can it not only force tie-in sales, but also secretly lower service standards, is this a joke with consumers?" On the morning of September 16, Mr. Yang had no choice but to call the "Love Recycling" customer service phone to inquire about the situation.
In the face of Mr. Yang's questioning, the customer service staff responded: "This is an activity in the store, and our side is mainly doing recycling." Mr. Yang retorted that this purchase information activity is on the Love Recycling App, not the store itself. The customer service staff said that the specific situation will let the regional manager contact Mr. Yang.
It didn't take long for Mr. Yang to receive a call from the so-called "regional manager."
"The 'regional manager' suddenly told me that there was no need to tie the sale." Mr. Yang did not approve of the "regional manager's" reply. He said that after he complained, he said that he did not tie the sale, and still did not explain what the previous tying was. In response to Mr. Yang's questioning, the "regional manager" had to say: "We are also implementing the requirements given to us by the company. ”
Mr. Yang reconfirmed: "So your tying is a requirement of the company, isn't it?" ”
The Area Manager said, "Yes. ”
Love Recycling official website screenshot
Progress: "Love Recycling" claims to be back
At noon on September 16, the reporter of the morning news and thoughtful assistant called the official customer service hotline of "Love Recycling" to ask why such a "forced tying" situation occurred. The customer service said that the problem has been recorded and will notify the relevant department to contact the reporter as soon as possible. But as of press time, the reporter has not received a response from "love recycling".
But after the reporter contacted the "love recycling", Mr. Yang also contacted the news morning newspaper · thoughtful assistant reporter said that there are self-proclaimed "love recycling" customer service personnel contacted themselves, asking if they want to continue to buy iPhone 14, Mr. Yang replied to the other party, it does not matter whether he buys it now, but feels that they need to make an explanation for the "forced tying".
On the evening of September 16, the staff of Youai Recycling contacted Mr. Yang and said: "Our company is indeed a temporary tying-in sale. ”
The morning news and weekly assistant reporter heard in the recording provided by Mr. Yang, the staff member explained: "I explain to you why the company has this kind of tying behavior, Apple it is on the first day of sale today, the entire Pro and Pro Max market price is in a premium situation." Including our company, in fact, it is also purchased at a premium, that is to say, we want to buy goods to our store at a higher price than the official website price, but our store is the original price, which is equivalent to us selling this mobile phone at a loss... The company is to make money, it (mobile phone) has a certain premium, and then this thing is tied to sell, we are not a pure markup, in fact, the market price we also have control. ”
In this regard, Mr. Yang said that he understood the pressure of the "Love Recycling" company to operate, but he still did not approve of such a practice.
Lawyer: Forced bundling is illegal
What do you think of "forced tying"? Is such an act illegal? The reporter of The Morning News and Thoughtful Assistant invited Mr. Jiang Zhenwei, a senior partner of Shanghai Xinchang Law Firm, to interpret it.
Reporter: Is it illegal to "force tie-in"?
Jiang Zhenwei: Forced tying is illegal.
In June this year, the State Administration for Market Regulation issued the Guiding Opinions on the Investigation and Handling of Illegal Acts of Price Gouging, which clearly states that if a business operator forcibly tying up goods in the process of selling goods and substantially increases the price of goods in disguise, the market supervision department may determine that it constitutes a price gouging violation as provided for in Item 3 of Article 6 of the Provisions on Administrative Punishment for Price Violations, and may impose administrative penalties on them.
In addition, from the perspective of civil legal relations, if it is not clear that there is a need to tie up the goods at the time of booking, and then the merchant unilaterally proposes to purchase other goods in order to continue to buy, it is a breach of contract by the merchant, and if the consumer is unable to complete the purchase, the merchant should double the deposit.
Reporter: This time the merchants wrote in the rules are "deposit", not "deposit", can you still double the compensation?
Jiang Zhenwei: Then you can't double the compensation. The deposit may be subject to a deposit penalty, the seller may forfeit the deposit if the buyer defaults, and if the seller defaults, the buyer may demand that the seller double the deposit. However, if it is a deposit, the deposit penalty cannot be applied, the deposit can only play the role of an advance payment, and if the contract cannot be performed due to the reasons of either party, the seller only needs to refund it to the buyer.
Reporter: The day before, I also said that buying accessories can be "6 folds", and the next day I looked at it again, and found that it secretly became "7 folds", is there a problem?
Jiang Zhenwei: This is an act of changing trading conditions without authorization. In fact, when the consumer places an order, the merchant and the consumer have reached a contract, and the 40% discount is one of the contents of the contract, and the merchant cannot unilaterally change it. If the consumer has evidence to prove that there is a "40% discount" when placing the order, the merchant can be required to perform accordingly.