China economic network Beijing September 9th news, "online group purchase" has quietly become a fashion consumption pattern, with the rapid increase of group purchase complaints. G.ce.cn has received dozens of group purchase complaints since August, especially in the recent major group buying website, which has caused a large number of consumers' dissatisfaction with the performance of the company. The "group purchase wind insurance" has also become a hot topic. In accordance with the invitation of the Central Committee, Chen Changyi, a judge of the people's Court of the Haidian court in Beijing, combined with the actual cases, provided some suggestions to the consumers from the legal point of view on the three major risks of the current network group purchase: fraud risk, quality and after-sales service risk and information disclosure risk.
(>) online group purchase has a large risk of fraud
case replay: Xiao Li learned a group shopping website on the Internet to sell a variety of famous brand cosmetics, and four hundred or five hundred people buy things every day, and several products have been sold on the day of sale. As a result, Xiao Li thought that the group purchase website was a relatively regular website, and with several good colleagues on the website, he decided to set up dozens of brands of cosmetics on the website. After the payment of Xiao Li and her colleagues, the website was delayed not to deliver. Xiaoli, according to the website number QQ, is contacted with the website. The other side always says that the delivery is fast enough to let Xiao Li wait for delivery. After several times of contact, the website can not be contacted. Xiao Li carefully investigated the group buying website and found that the website itself is extremely vague and simple, with only QQ number and no phone number and address. Check the number of the website again. The result shows that the website name is only "personal works display", and the sponsor is an individual. Later, Xiao Li also found that the site had long been empty according to the site's return address.
judge saying: network group purchase belongs to the category of online shopping, and it is easy to have the moral hazard of asymmetric information. In addition, because of the rapid growth of the network group buying business in China, the credit status of the group buying websites is not good and bad, and the regulation and supervision of the network group purchase by our current law is not perfect. Although the amount of a single group buyer is not necessarily large, the collection of many group purchases may not be a small number, which is an economic incentive for illegal or criminal elements. Therefore, the online group purchase is likely to lead to the occurrence of economic crimes such as contract fraud through the network. The start-up of some unlawful group buying websites is easy to use some network consumers to identify the credit status of the group buying websites poor and cheap, by charging the goods and refusing to send or send fake goods to defraud the money of the network group buyers, and then carry the money and abscond with the money. The law continued to maintain, the company did not write off and the founder did not know the trace, after the collection of goods has not been in accordance with the group purchase agreement, and then did not return the payment, the group purchase is difficult to find the website of the limited clue by the website to find the site. According to the provisions of our country's criminal law, in the process of signing and performing the contract, there is no actual performance in the process of signing and performing the contract, in order to perform a small contract or partial performance of the contract in order to deceive the other party to continue to sign and perform the contract or to receive the goods and money given by the other party. The network initiator may be suspected of the contract fraud and the crime of encroachment, and should bear the corresponding criminal responsibility.
judge: in order to avoid being fraudulent by illegal elements, online group buyers should investigate the relevant information of the group purchase website in detail before taking part in the group purchase, so as to avoid being cheated and cheated: first, to find out the qualifications and credit capacity of the start of the group buying websites, as far as possible to choose the qualifications of the network management and the scale of the assets. Large, reputable corporate organizational group buying websites should pay attention to risk prevention for individual group purchase websites sponsored by individuals; two, find out the detailed contact ways of the group buying websites, including the actual contact address and contact phone (not only QQ and other numbers), and three, to understand the risk of payment. As far as possible, as far as possible to choose third party payment platform intermediary payment and goods to acceptance payment, no intermediary platform payment or advance payment, try to pay to the bank account as far as possible, do not choose direct payment to the personal account directly provided to the website. If the online group buyer finds that the group purchase website is suspected to be fraudulent, it may report to the business administration department or complain like a consumer association, and if suspected of fraud, it can immediately provide clues to the public security department.
product quality and after-sales service risk sharing needs to be divided into
case replay: Recently, Xiao Zhang and colleagues on a group purchase website commissioned the site to buy eight boxes of "my beautiful diary" Black Pearl nanoscale mask. After the purchase of the mask, Xiao Zhang compared with the same brand mask bought in Hongkong and found a number of problems suspected of counterfeit goods, so it contacted the group purchase website to return the goods and return the goods. The website considers that it only provides intermediary services. The quality problems of products should be directly taken by Xiao Zhang to find products and businesses, and they should not be held responsible. Xiao Zhang believes that the entrustment agreement signed with the website clearly stipulates the brand, producing area of the mask and so on. Now the website is responsible for the return and return of the goods in violation of the agreement.
judge saying: when the group purchase website finds the product quality problem or the problem of the imperfect after-sales service after the consumer obtains the group purchase commodity, it is necessary to confirm the responsibility sharing problem according to the specific legal status of the group purchase website in the process of the group purchase. If the group buying website contacts many consumers through the Internet, then it will discuss buying matters on behalf of consumers and businesses. If the final signing of the purchase contract is the consumer and the seller, the service provided by the group purchase website is actually a intermediary service. For example, such as product quality and after-sales service, all of which are not related to the group purchase website. Because the group purchase website only transfers information and matches between the buyers and sellers, no matter which party is entrusted and which party is paid, there is no responsibility for the breach of contract. Of course, if group buying websites colluded with merchants to cheat consumers, they should be jointly and severally liable with the business. If group buying websites publish commercial advertisements through the Internet, they invite consumers to entrust themselves to buy goods for consumers. In accordance with the agreement in the agreement with the consumer, the group purchase website delivers the consumer after purchasing the name, type, quantity and price of the goods in its own name, and receives a certain reward from the consumer, which is a paid entrustment contract, such as the loss to the consumer by the fault of the group purchase website, and the consumer can In order to compensate for the loss. Xiao Zhang and the group purchase website signed the group purchase agreement and paid the remuneration, both sides belong to the paid entrustment relationship, the group purchase website did not purchase counterfeit goods for the loss of Zhang. Xiao Zhang has the right to request the website to return the goods or to compensate for the loss.
judge: before the Group buy the consumers to take part in the group purchase, we should do a good job in the market survey. We should know the brand, the origin, the price and the performance of the goods they want to buy. Secondly, in order to ensure the safety of shopping, consumers in the choice of group purchase to obtain preferential prices at the same time, the choice of professional, high reputation group purchase website can improve the network purchase safety factor, the quality of the group purchase products and after-sales service can also be guaranteed. Thirdly, when signing a group purchase agreement, it is necessary to make clear the relationship between the two parties or the relationship between the buyer and the buyer, and the problem of the quality of the product. In the end, when there is a quality or service dispute, the consumer can take the right of collective rights to the group buying website or business owner. Profit helps to solve problems in a more consumer friendly way.
group purchase to fill in personal information and information to prevent leakage risk
case replay: Xiao Wang bought a merchant's low price promotion washing goods through a group purchase website, and was not satisfied with the use effect of the washing products, and then Xiao Wang did not pass the group purchase website to the merchant again. Xiao Wang often receives promotional messages, promotional and paper letters sent by the merchant, and often receives access to and promotion information from the merchant at home, and Wang queer how the merchant knows his mobile, seat, email and home address. After investigation, he found his personal information was illegally provided to the merchant by the group buying website. Wang thinks his right of privacy is violated, so he claims the right to the group purchase website.
judge said: China's Tort Liability Act second clearly stipulates that natural persons enjoy the right to privacy. The contents of privacy include private secret information and private life tranquility. The former includes individual name, address, telephone, health status, education level, property status, etc. the latter, such as personal residence, is not subject to illegal invasion and harassment, freedom of personal communication, and communication secrets. The right to privacy is the right of a natural person to know and prohibit interference in his personal life, personal information and other personal life areas. Natural persons can dispose of their own privacy, for example, Xiao Wang provides relevant personal information to the group purchase website for the convenience of the website, but it can only be used in the category of the personal information in the category allowed by Wang (the category of the group purchase goods to be easy to contact), and should not be unauthorized without my consent. If it is provided or allowed to use by the merchant, if the merchant uses and disturb the private life of the privacy holder without the permission of the merchant, the group purchase website and the merchant's common infringement on the privacy of Xiao Wang, and Xiao Wang has the right to claim infringement liability to the group purchase website and the merchant.
judge: personal information is an important privacy of natural people. It relates to the peace of life and peace of mind in the modern information society. Consumers should pay attention to protecting their own personal information in the process of group buying, and prevent personal information leakage or illegal use of websites or businesses. In the process of group purchase, consumers can declare the obligation of confidentiality and the scope of use of personal information to the group purchase website. Personal information provides contact with mobile phone and e-mail as far as possible. The personal information, such as personal home address, work unit, family phone and family relationship, should be protected soberly. Consciousness, do not provide, do not because the group purchase website to provide what information is unconditionally all provided, to prevent some website illegal mobile phone personal information to sell to the business.