The image comes from the Internet
Recently, the "Yuanqi Forest was swept up in wool" incident rushed to the hot search, for a time there are many opinions, some people think that the Yuanqi Forest is wronged, because of operational errors to bear huge losses is unfair; some people think that since the order has been placed to buy, it should strictly perform the contract, otherwise it is dishonest; there are also people who think that Yuanqi Forest, as a popular best-selling enterprise, has recently made a lot of money, and should take out the responsibility of the enterprise to pay for it, in exchange for a good reputation...
The law is the lowest line of morality, and the law embodies fairness and justice, which is also convincing. So how should the law determine the points and stop the dispute?
Event review, on October 26, 2021, a Taobao store in Yuanqi Forest purchased 3 boxes of sparkling water at the original price of 79 yuan due to the wrong setting of the offer. Only 10.55 yuan, an average of 3 cents per bottle, a time caused by thousands of users to rob, and when the technicians found loopholes to make up, but also because of the amount of orders to collapse the system, the loss of continuous flow, the final statistics of this order of 140,500 users, the purchase of more than 50 boxes of orders a total of 451 people, the largest order has 41,000 boxes, resulting in a loss of more than 40 million yuan. Up to now, Yuanqi Forest has issued an apology to the majority of consumers, claiming that it will mail a box of white peach sparkling water (15 bottles) to each of the 140,500 order users, and decided that the Taobao store will stop all sales first, focus on the follow-up processing of the incident, and communicate with users who cannot complete the transaction until the problem is fully solved.
The implication is that Yuanqi Forest should not continue to perform the contract for delivery. Next, we will negotiate one user at a time, talk about it, talk about it if it doesn't get together, talk about it all the time...
According to Article 49 of the E-commerce Law of the People's Republic of China, "Where the information on goods or services released by an e-commerce operator meets the conditions for an offer, the user selects the goods or services and submits the order successfully, and the contract is formed." If the parties have agreed otherwise, they shall agree", therefore, as long as the order is successfully submitted, the contract has already been established, and the merchant may not terminate it at will. However, there are special circumstances in this case, and there may be major misunderstandings.
According to Article 147 of the Civil Code of the People's Republic of China, "a civil juristic act carried out based on a major misunderstanding, the actor has the right to request the people's court or arbitration institution to revoke it", in this case, yuanqi forest caused the price of the commodity to be seriously sold out of the actual value due to an operation error, although it is at fault, as a consumer's order user, when placing an order, it should also be clear that the ordered commodity is seriously separated from the actual value of the sale, which is not in line with daily trading practices, and the probability is not the true intention of the yuanqi forest. However, it still missed the order, which itself is also a certain subjective fault, so the transaction behavior in this case is not the true intention of the two parties, but there is a major misunderstanding of the fact that there is a existence, therefore, Yuanqi Forest has the right to request the people's court to revoke the contract, but based on the fault of Yuanqi Forest, the consumer should bear the contractual negligence liability for the reasonable losses caused by this, and it is appropriate to compensate a box of white peach sparkling water.
At the same time, for the deep understanding of the law, the yuanqi forest in this case should take the initiative to file a revocation right lawsuit with the people's court to terminate the contract, otherwise the contract should continue to perform, and the right of revocation belongs to the right of formation, there is a one-year exclusion period, after one year, the yuanqi forest neither sues to exercise the right of revocation, nor does it perform the contract, then the consumer who placed the order can sue the yuanqi forest to claim liability for breach of contract. So the Yuanqi Forest thing is not so easy to end.
Of course, there is another side of the matter to be determined, netizens believe that Taobao now has a protection mechanism, if the price is abnormal, the merchant can not ship, this event is likely to be yuanqi forest for the end of the year to rush the performance, and dealers to join the brush single behavior, also known as "BUG marketing" - the use of consumers' wool psychology, a large number of purchases of goods, impacting a wave of sales at the same time, can also complete a huge traffic exposure.
The law is about evidence, if there is evidence that it is "BUG marketing", then the law will no longer protect this, since it is the seller's intentional behavior, the transaction behavior will not have a major misunderstanding, so the consumer can require the merchant to continue to perform the contract and compensate for the interest during the occupation of funds and other losses, of course, this lawyer believes that this will also constitute consumer fraud, three times the loss of compensation, less than 500 yuan to 500 yuan.
Finally, there is a little curiosity, how users with a maximum order of 41,000 boxes are doing now...