A few days ago, the flagship store of Taobao agricultural product store Yushang was photographed for nearly 80,000 orders because it accidentally marked the wrong price, and the store was forced to close the store because it could not afford the loss. The store owner posted on social platforms in the early morning to ask the buyer for a refund to reduce the loss.
On April 22, a reporter from Huashang Daily Gale News learned from Taobao that there will be a special person to help the store solve the problem, and the rights and interests of consumers will be damaged.
>>> closed shop and asks for a refund
The misunderstanding of the rules of the platform's activities led to a serious error in the selling price of ginger
At 1:13 a.m. on April 22, the store owner publicly issued a "store closure announcement, please ask for a refund", saying that at 8 p.m. on April 19, due to our store's misunderstanding of the rules of the Tmall platform activities, the sales price of our store's ginger was seriously wrong. Because the store sells agricultural products are produced by the people, if you sell at the wrong price, place an order of nearly 80,000 orders, will lead to a large amount of debt in our store, and we are really unable to ship, I sincerely ask you to give us a chance to survive, take the initiative to cancel this order, and I sincerely ask you to place an order as soon as possible to initiate a refund. The payment will be made on April 20.
A reporter from Huashang Daily Gale News tried to contact the owner but received no reply. The reporter noticed that the owner left a message after the "store closure announcement": "I am the owner of the Yushang flagship store, due to the wrong price setting caused nearly 80,000 orders, the loss is particularly serious, I hope that the friend who has not refunded the trouble to refund the next payment, everyone has made mistakes, I hope to give us a chance, good people have a safe life, thank you." ”
>>>知情网友sympathy
The store was closed as a last resort, and if the goods were shipped according to the order, the store would definitely lose money
On April 22, a reporter from Huashang Daily Gale News contacted a netizen, who was very sympathetic to the store, "I saw that the store issued a statement, they sent it in the early morning, and the store had to close the store. If the order is not delivered at that time, the store will definitely lose money, and it is said that it will lose 30%. ”
The netizen told reporters, "The popularity of this matter is very high, tens of thousands of people have left messages on it, and I see that many consumers in the comment area have refunded their orders." ”
Shandong Province is a high-quality ginger production area, and the food business network shows that the suggested retail price of ginger produced in Yishui County, Linyi City is 3.8 yuan/kg. The reporter inquired about Shandong Anqiu ginger, and the retail price was 5.0 yuan/kg.
>>> the refund was successful
Buy 1500 grams of ginger for 0.91 yuan online?buy 4500 grams of ginger for 1.01 yuan?
The reporter noticed that a number of netizens who placed orders posted pictures to confirm that they had successfully refunded their money-
Some netizens posted a picture display, choosing to refund | after-sales, "Refund 1.01 yuan, Shandong Anqiu old ginger, ginger ginger, ginger pieces, dried ginger and tender ginger, net content 4500 grams." ”
There are also netizen stickers showing a successful refund of 0.91 yuan, and the net content of Shandong Anqiu ginger nuggets is 1500 grams".
Netizens in the comment area expressed their understanding and sympathy, and many well-meaning buyers not only said that they had taken the initiative to refund, but also offered advice to the store, hoping to help the store owner minimize losses.
A number of netizens said that it is not easy for individual merchants to sell agricultural products, and it is necessary to be rational to "gather wool".
Some netizens posted a record of communication with Taobao's manual customer service, saying that it is really not easy to help the sales of agricultural products-
"Someone deliberately placed more orders, must have thought that the store was not capable of delivering the goods, and then waited for compensation, it is said that the merchant's deposit has been deducted and is ready to close the store. I just hope that you can help report and verify it and reduce the punishment of the merchant. ”
>>> Taobao Pingtai Hui 应
Will contact the store If there is no way to compensate, Taobao has a corresponding service
On the morning of April 22, a reporter from Huashang Daily Gale News contacted Taobao, and replied after the customer service record: "I have submitted your question, and there will be a commissioner to reply to you." The information of this online store can no longer be seen on the platform, I will feedback this situation to our superiors, and you will wait for the results. ”
The reporter asked about the deposit of Yushang's flagship store, and the customer service responded: "Some merchants pay a little more deposit, and the specific deposit can only be seen by querying the store, and this merchant can't see it on my side now." ”
Near noon on April 22, a Taobao commissioner replied to reporters that the platform would provide consumers with after-sales rights protection services.
Taobao commissioner said: "If the store does not ship, our platform will have a rule, we will let the merchant contact the service hotline of the merchant, there will be specific personnel to help the merchant to solve, we will call the merchant to let the merchant contact the service hotline, but there is a time process to solve the problem." ”
Regarding the after-sales rights protection of consumers, the Taobao commissioner replied: "If there is a consumer rights and interests damaged, if there is no way for the merchant to compensate, our Taobao platform will have a corresponding back-up service." ”
Taobao commissioner told the Huashang Daily Gale News reporter, "For merchants to close stores, our platform has a helping work for merchants, and we will be contacted by the merchant's management department to solve the problem specifically, and I will also contact the merchant here, so that the merchant can contact our merchant management department to see how to deal with the situation and solve the problem." ”
>>>律师说法
If the price of the merchant is ridiculously wrong, it is a revocable civil legal act
"If the merchant's price is ridiculously wrong, it is a revocable civil legal act, and this situation can be revoked. ”
Huang Kailing, a lawyer from Guangdong Green Law Firm, pointed out in an interview that Article 151 of the Civil Code stipulates that if one party takes advantage of the other party's distress and lack of judgment ability, resulting in the unfairness of the civil juristic act when it is established, the injured party has the right to request the people's court or arbitration institution to revoke it.
"If it can be proved that the store mismarked the price because of a misunderstanding of the rules, it is also a revocable civil legal act in law. Yang Enxiong, a lawyer at the firm, pointed out that according to Article 147 of the Civil Code, the actor has the right to request the court or arbitration institution to revoke a civil juristic act based on a major misunderstanding.
At the same time, Yang Enxiong reminded: "In judicial practice, whether it can be revoked depends on the situation, the operation error of the online store leads to the wrong price, to prove that the store has a major misunderstanding, lack of judgment and other subjective reasons, the key is to see whether the store has taken remedial measures, such as disconnecting links, removing goods, contacting the buyer to return the goods, etc., if there are no such remedial measures, the store will bear the adverse consequences." ”
Both lawyers believe that if the rules of the platform are confusing, difficult to understand and easily misunderstood, the platform also has a certain responsibility, and according to article 32 of the E-Commerce Law, the platform should follow the principles of openness, fairness and impartiality in formulating transaction rules.
Regarding the issue of security deposit, Yang Enxiong said that according to Article 8 of the Taobao Margin Management Regulations, when Taobao handles disputes or complaints, if it is the responsibility of the seller, the seller's deposit can be deducted for refund or compensation.
The two lawyers suggested that the platform should come forward to resolve the issue and try to promote a settlement between the two parties.
In addition, Yang Enxiong also said that if the merchant has deliberately speculated, it also needs to bear the corresponding responsibility. In terms of criminal liability, in accordance with the provisions of Article 5 of the "Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases Involving the Use of Information Networks to Commit Defamation", where false information is fabricated and disseminated on the Internet, causing serious public disorder, it is to be convicted and punished as the crime of picking quarrels and provoking trouble.
"If a platform dealing with such a hype merchant may spread rumors and disrupt economic and social order in accordance with the "Provisions on the Governance of the Online Information Content Ecosystem", the online information content service platform may employ measures such as warning and rectifying, restricting functions, suspending updates, and closing accounts. ”
Huashang Daily Gale News reporter Li Hua edited by Dong Lin
(If there is any breaking news, please call the news hotline of Huashang Daily at 029-88880000)