With the increasing popularity of online shopping, "swiping orders" has become a major online "income-increasing industry". You will be refunded and paid after swiping the order. However, the merchant neither shipped nor refunded, and the agreed remuneration was gone.
Recently, the Fangshan Court in Beijing concluded a dispute caused by "swiping orders and speculating letters" for Taobao stores.
After the trial, the court found that the contract was invalid and rejected all the claims of Ms. Huang.
Basic facts of the case
Mr. Luo runs several Taobao stores, and in order to increase the exposure of the stores and increase the transaction volume, Mr. Luo and Ms. Huang agreed to "swipe orders and speculate letters".
Ms. Huang operated the purchase of goods on the Internet and made the payment, while the store did not ship the goods and returned the payment to Ms. Huang. At the same time, Mr. Luo paid Ms. Huang on a regular basis.
Ms. Huang also invited relatives and friends to "place orders" for Mr. Luo's many stores.
Half a year after this transaction model, a dispute arose between the two parties.
Ms. Huang claimed that Mr. Luo still had more than 280,000 yuan of the principal amount of the purchase money unreturned, so she sued Mr. Luo to the court with a complaint and demanded that it be returned. Mr. Luo believed that he had paid the full amount of the goods, and Ms. Huang had omitted many transaction records.
After trial, the court held that the transaction between Ms. Huang and Mr. Luo was a false transaction, which seriously violated the principle of good faith. This behavior not only violates the management system of the Taobao platform, but also makes it difficult for consumers to obtain true and effective sales information.
Therefore, the act of swiping orders violates public order and good customs and harms the rights and interests of consumers, and should be found to be invalid.
In addition, Ms. Huang's claim that she had paid the expenses for Mr. Luo was an illegal payment and was not protected by law.
Therefore, the court rejected all of Ms. Huang's claims.
After the judgment was pronounced, Ms. Huang appealed, and the court of second instance rejected the appeal and upheld the original judgment. At present, the judgment has entered into force.
What the judge said
The Regulations for the Implementation of the Law of the People's Republic of China on the Protection of Consumer Rights and Interests, which will come into force on July 1, 2024, clearly prohibits merchants from "swiping orders and speculating on credit" for the first time.
"Speculation on orders" is an illegal act based on false transactions to obtain profits, which not only violates business ethics and creates a bad online competitive environment, but also harms the legitimate rights and interests of consumers and other business operators, and undermines market order.
A contract signed for the purpose of "speculating on credit" should be invalid because it violates public order and good customs and disrupts market order. The payment made by the "swiper" is an illegal payment and cannot be returned, and the agreed remuneration cannot be supported by the court.
Integrity is not only the fulfillment of promises to the other party of the contract, but also a kind of trustworthiness to the society. "Dishonest" money earned at the expense of others or the public interest will also not be protected by the law.
Source丨Beijing Law Network Affairs