"Same Day Delivery" "Next Day Delivery"
The speed of logistics and delivery on Double 11 never disappoints
But recently, the topic of "unpaid first" has been sent to the hot search
The goods were delivered before the money was paid
Is it a mistake in the middle of a busy rush or a "marketing strategy"?
"Send before you pay" rushed to the hot search!
Consumers question: It's harder to return the goods
recently
#李佳琦直播间疑为冲销量未付先送#
rushed to the hot search on Weibo
On November 2, Ms. Shen, who lives in Shanghai, reported that she placed an order for Proya skin care products in Li Jiaqi's live broadcast room, and paid the deposit but did not pay the final payment, but the express delivery came early in the morning of November 1. "I suspect it's to do it to boost sales, I could have canceled the order, but now that the goods have been delivered first, it's even more troublesome to return them. According to her, the courier who delivered the parcel made it clear that there were similar problems in several pieces.
△ Ms. Shen provided a screenshot of the order on the evening of November 1, she had received the express delivery in the morning of the same day but did not sign for it
After the incident, Ms. Shen tried to contact the customer service of Li Jiaqi's live broadcast room and the customer service of Proya Guanqi to understand the reason, but did not get a reasonable explanation. On the afternoon of the 2nd, the reporter called Proya's open phone, and the relevant personnel replied that they did not understand the situation, and suggested communicating and verifying by email.
Ms. Shen's experience is not unique, some media found that a number of consumers posted on social platforms that they had received packages after paying only a deposit for Double 11 shopping, and even "6 orders were shipped before the balance was paid", involving brands including Proya, Nature Hall, Fila, Lancôme, Unilever's Dove, etc.
△网友reflection商家「未付先送」
The official customer service of Unilever's Tmall flagship store said that some orders of "Double Eleven" will be "expressly sinking", and after paying a deposit, they will be shipped to outlets or consumers' homes first, and the specific orders will sink randomly. As for whether the "unpaid first delivery" is against the consumer's wishes and prevents returns, the customer service replied: It is okay to refuse to accept it, and we also have freight insurance.
Regarding the situation of "unpaid first-delivery", some people in the logistics industry said that they had not heard of this situation before, and the process did not meet the specifications. "Generally, after paying the deposit, the big promotion express may be sent to the nearest warehouse, and then the door-to-door delivery will be made after the balance is paid, which will improve efficiency, but the delivery of the goods first and then the final payment will definitely not meet the process, which will bring additional risks. A Tmall supermarket courier said.
so
Is this kind of "first-for-first-pay" behavior illegal and illegal?
How can consumers protect their rights if their rights and interests are damaged?
Is the behavior of "first-for-pay first-in-advance" reasonable, and does it infringe on the legitimate rights and interests of consumers?
Lawyer Sun Lai, a member of the Kunshan "Eighth Five-Year Plan" Public Welfare Lecturer Group for Law Popularization, analyzed that consumers purchase goods through the Internet and other information networks, and the use of automatic information systems to conclude or perform contracts has legal effect on the parties using the system, and if e-commerce operators violate the contract to deliver goods to consumers in the manner and time limit agreed in the contract, it constitutes a breach of contract and infringes on the legitimate rights and interests of consumers.
How to protect the rights of consumers if the "first-to-pay" causes losses to consumers?
Lawyer Sun Lai, a member of the Kunshan "Eighth Five-Year Plan" Public Welfare Lecturer Group for Law Popularization, reminded that consumers can first choose to refuse to accept the goods for the merchant's "unpaid first" behavior. If the goods are returned or exchanged after receiving the goods, they may claim compensation from the seller, and if the negotiation with the seller on the freight and other losses fails, the consumer may apply to the e-commerce platform operator to intervene and coordinate the handling, and may also request the e-commerce platform operator to use the consumer rights deposit to compensate in advance.
E-Commerce Law of the People's Republic of China
Article 20: E-commerce operators shall deliver goods or services to consumers in accordance with the methods and time limits promised or agreed upon with consumers, and bear the risks and responsibilities in the transportation of goods. However, this does not apply to consumers who choose express logistics service providers separately.
Article 58: The State encourages e-commerce platform operators to establish mechanisms for guaranteeing the quality of goods and services that are conducive to the development of e-commerce and the protection of consumer rights and interests.
Where e-commerce platform operators and on-platform operators agree to establish consumer rights and interests deposits, the two parties shall make clear agreements on the amount to be withdrawn, managed, used, and refunded consumer rights deposits.
The relevant provisions of the "Law of the People's Republic of China on the Protection of Consumer Rights and Interests" apply to consumers' demand that e-commerce platform operators bear liability for compensation in advance, as well as for e-commerce platform operators to recover compensation from on-platform operators after compensation.
Article 74: Where e-commerce operators sell goods or provide services, but do not perform contractual obligations, or performance of contractual obligations does not conform to agreements, or causes harm to others, they bear civil liability in accordance with law.
Law of the People's Republic of China on the Protection of Consumer Rights and Interests
Article 11: Where consumers suffer personal or property harm as a result of purchasing or using goods or receiving services, they enjoy the right to receive compensation in accordance with law.
Article 16: Proprietors providing goods or services to consumers shall perform their obligations in accordance with the provisions of this Law and other relevant laws and regulations.
Where proprietors and consumers have an agreement, they shall perform their obligations in accordance with the agreement, but the agreement between the two parties must not violate the provisions of laws and regulations.
Proprietors providing goods or services to consumers shall abide by social morality, operate in good faith, and protect the lawful rights and interests of consumers;