Internet Group Buying Is Also Tempting &Nbsp; Consumer Rights Run Off.

As a new consumption mode, online group buying has been highly praised by young consumer groups. But in reality, due to the fact that the relevant laws and regulations have not yet been promulgated, there are various non-standard situations in group buying activities. In the interview, the reporter learned that compared with the actual shopping, the cost of protecting the rights of consumers participating in the website group buying is very high, resulting in some disputes that require a lot of material and energy to solve.

Consumer rights break

Ms. Wu took part in the phone recharge card on the website of Cody group last April. Group buying At that time, she paid more than 1400 yuan online and bought 10 prepaid cards. Because the website stated that only 5 copies were allowed per person, Ms. Wu also called the website to ask if he could buy 10 copies. So Wu confidently waited for the group buying website to charge the phone bill to her cell phone.

Who knows this is just a few months. Ms. Wu is increasingly worried about calling the website many times, and the other party has not yet responded well to the seller's reply. Later, the phone on the website was unable to connect. "Fortunately, I saved the consumption evidence in advance of the screenshots, and finally the website's web pages could not be opened."

Ms. Wu had to dial the "3. 15" consumer protection hotline in Beijing. After the coordination of the industry and Commerce Department, the website promised to refund the money. Ms. Wu even went to several office buildings where the website was located, but the answer from the other side was no money to retreat.

Until last October, Miss Wu still did not get a refund, so she had to tell the website sponsor Beijing Mado business limited liability company to the east city court to claim compensation. After the court hearing, the defendant agreed to refund as soon as possible. compensate for Accordingly, under the auspices of the judge, Wu and the defendant reached a mediation agreement.

But let Wu disappointed, until the end of November, the website promised refund has not yet arrived. Ms. Wu had to apply to the court for enforcement. After executing the court judge's compulsory execution of the group buying website, Ms. Wu finally returned the refund which was in arrears for half a year.

Now, Ms. Wu no longer dared to go to the "small mess" of the small group buying website. "Some customer service calls on the websites are empty, and promises cannot be fulfilled. Even if I find the location of the company, I can't find the person in charge at all, "Wu complained." now I'm just buying a package of some restaurants on the big website, and I dare not buy anything. I'm afraid that the website will run away if it gets the money.

The reporter then contacted the defendant's agent, who told reporters that he was also owed several months' wages by the website. "In May last year, the company's business license was deducted by the industry and commerce. It has been making a refund and has been insolvent." Agent Wang said that the main reason for this website's dilemma was that a company that was working with the website provided an empty phone card, and the website later reported it, but the public security department said it was an economic dispute and no registration was filed.

Because the promise of the website is hard to fulfill, consumers are coming back with a refund, causing the capital chain of the website to break completely. "A large number of refunds last June and July, the industry and Commerce Bureau stopped all marketing activities on the website so that the company could not do it." Xiao Wang said that until the end of last year, most of the refund was finished. At present, the website has no money on the account, only a few computers, the owner of the house, the car sold. "If it hadn't been for the company still owning me a few months' wages, I would not have done it here."

Overlord clause makes people helpless

A few days ago, the Hong Kong citizen also failed to cash in the voucher for group buying, and brought the "24 coupon net" of the well-known group buying website to the court. At present, the court of Haidian has accepted the case.

Hong Mou complained that in August 2011, "24 coupon nets" launched group buying "Haagen Dazs ice cream" activities, the value of 50 yuan voucher group buying price is only 38 yuan. In August 28, 2011, Hong Mou bought 2400 vouchers and paid 73986 yuan. But when Hong Mou asked for the exchange, the "24 coupon net" only exchanged 453 copies of it, and the remaining 1947 were not on the grounds of no goods. exchange 。

Plaintiff Hong Mou thinks, "24 coupon net" no reason not to convert the voucher behavior is a breach of contract, so it is required to terminate the contract of sale and purchase. Beijing red micro-blog culture and Art Co., Ltd. returned the amount paid 73986 yuan and compensated the economic loss of 10 thousand yuan.

Last week, Wang Xiaoyu, a judge of the Haidian court, told reporters that the case had not yet been heard. When the reporter contacted the interview, "24 coupon nets" had not yet submitted a reply. Reporters contacted the "24 coupon nets" customer service, but the other side did not provide the corresponding telephone.

Previously, the "24 coupon nets" had been complained by consumers in Shanghai. According to media reports, in January this year, Miss Wang bought a restaurant voucher on the "24 tickets" group buying online group, which is valid until the end of February. But when Miss Wang went to the restaurant to consume, she was told by the restaurant that the voucher could not be used because she did not receive the money. When Miss Wang returned home, she called the "24 coupons" customer service telephone to ask for a refund. The customer service staff said that the refund could only be returned to Miss Wang's account of "24 coupons" and could not be returned to Miss Wang's bank card.

According to local media reports, "24 coupon nets" customer service personnel said, according to the company regulation, customer group purchase after 72 hours can not be returned to Miss Wang's bank card, can only be returned to the "24 coupon" account. The media believes that the practice of the 24 coupon network is a serious violation of the fair trading rules in the consumer protection law.

Later, after coordination, the "24 coupon" group buying network has already handled a full refund for Miss Wang.

Group buying must first assess risks.

The reporter interviewed Wang Hai, a famous anti fake activist, about the legal issues in the group buying dispute. Wang Hai told reporters that according to the consumer protection law, the refund provided by group buying website can only be placed on the website account, which belongs to the unilateral form of the invalid form contract, which is a "overlord clause". If consumers encounter such a situation, they can report complaints to the industry and Commerce Department, and they can also go to court to file a lawsuit.

Wang Hai pointed out that there are various disputes existing in group buying websites, some of them belong to contract breach, while others belong to consumer fraud. For example, the consumers participated in the group buying of the famous brand watches on the website. Actually, they bought the fake name list, which is definitely a kind of fraud. The businessman should double the compensation. For example, the consumer group bought the set meal of the restaurant, but because the website and restaurant did not communicate well and exceeded the actual reception capacity of the restaurant, the later customers were rejected by the restaurant. This is a breach of contract, and consumers can ask the website to compensate for the corresponding loss.

"You can't just join in the bargain. Group buying "Wang Hai reminds us that before buying a group, it is best to assess the risk of group buying activities and understand the operation of group buying websites. If a large number of group buying, we should first go to the website of the Telecommunications Bureau or the website of the industry and Commerce Bureau to check the registration information of the website and see if there is any corresponding credit and ability.

Group buying needs more care.

Wang Hai also suggested that consumers try not to participate in off-site group buying. "The cost of safeguarding rights is very high, because there is no bill in e-commerce, consumers need to keep the notarization of the webpage, it may cost more than 1000 yuan to do notarization once, and with the spanportation cost of going to and from other places, the cost of safeguarding rights is even higher." Many consumers also have a lower amount of consumption because of the group buying. Even if they encounter unfair treatment, they also give up legitimate rights protection because of the high cost of safeguarding their rights.

Zhao Jingxue, a judge of the civil court of Dongcheng court, tried to buy a dispute over the group purchase. She also reminded consumers to take a look at it and take part in it again. "We should try our best to choose group buying activities of large enterprises with high reputation and good reputation. The services provided by regular group buying websites are more secure than those of small websites." When necessary, consumers need to retain corresponding credentials, that is, to save the page pages of the spanaction. If a defendant accepts such evidence in a lawsuit, it may not be notarized.

"Secondly, consumers should not only pay attention to the appearance of the products they want to buy, but also examine whether the businessmen have detailed descriptions of the products. If businesses are vague about the product information, they should be vigilant." Judge Zhao Jingxue thought.

The judge also pointed out that consumers should carefully analyze the strength and preference of group buying in group buying. Although some websites are under the banner of group buying, and the discount is tempting, there are still a lot of tricky things in it. The most common thing is to pull up the unit price of the goods, and then make a discount. After such a group purchase, the price is probably not lower than the original price of the commodity, and it may even have a smaller discount than the commercial and exclusive stores.