Jiangsu Provincial Administration for Industry and Commerce released typical cases of online shopping complaints in 2017 and consumption tips.
Statistics from the National Bureau of Statistics show that,2017In, China’s online retail transactions reached.7.18Trillion yuan, a year-on-year increase.32.2%, in which the online retail transaction volume of physical goods is5.48Trillion yuan, a year-on-year increase.28%, accounting for the proportion of total retail sales of social consumer goods.15%The role of online retailing in stimulating consumption has been further enhanced.
While online shopping is growing rapidly, consumer complaints are also increasing gradually, which puts forward higher requirements for online market supervision and consumer rights protection.Relevant statistics of Jiangsu Provincial Administration for Industry and Commerce show that,2017Year, the whole province12315The system accepts consumer complaints related to online shopping.41788Pieces, accounting for the total number of complaints throughout the year (160016Piece)26.11%Compared with last year’s consumer complaints involving online shopping (36511A) growth14.45%, consumer complaint settlement rate94.16%Recover economic losses for consumers.2185.1Ten thousand yuan.
this yearoneIn June, China Consumers Association announced2018Theme of Consumer Rights Protection Year: "Quality Consumption" Good life. " In order to safeguard the legitimate rights and interests of consumers and purify the online market environment,3.15On the occasion of the arrival, the Provincial Administration for Industry and Commerce issued "2017Typical cases of online shopping in Jiangsu and consumption tips.There are four main types of this case:One isConsumer disputes caused by online shopping in new fields and new formats;The second isConsumer disputes caused by operators’ failure to honor their promises;The third isConsumer disputes caused by false sales promotion by operators;The fourth isConsumer disputes caused by delivery and return of goods by operators.
I. Consumer disputes caused by online shopping in new fields and new formats
Case 1: Cross-border shopping encounters problems, and "creation of assured consumption" helps safeguard rights.
2017yearonemoonfiveOn, consumer Mr. Wang bought an imported Mars on a cross-border online shopping platform./mars"Britain imported chocolate, and the merchants delayed the delivery in the following days. During this period, Mr. Wang repeatedly asked the customer service when to deliver the chocolate, and all the merchants said that they would deliver the chocolate as soon as possible because of the long overseas delivery cycle and the weather.2At the end of last month, Mr. Wang contacted the customer service again. The customer service said that the product had been removed from the shelf and was out of stock, and asked Mr. Wang to apply for a refund. The two sides failed to negotiate many times. When browsing the store, Mr. Wang found that the registered place of the operator was in Hong Kong, and there was a small line at the bottom of the page, "This store was operated by a network technology company in Yancheng". Mr. Wang contacted Yancheng Industrial and Commercial Bureau with the psychology of giving it a try. The mediator immediately contacted the person in charge of the agency operation company, who admitted that he was responsible for the operation and after-sales of the store, and provided relevant agreements on agency operation. At the same time, the company is actively participating in the creation activities of assured consumption in the field of e-commerce and gradually improving and implementing relevant systems. After mediation, the company took the initiative to contact consumers and reached an understanding, and finally compensated Mr. Wang.200Yuan.
[Correlation analysis]
After placing an order, the consumer reaches a sales contract with the online shop operator, and the online shop operator fails to deliver the goods according to the agreement, which is a contract breach. Online shop operators refuse to deliver goods in the form of goods that have been taken off the shelves or are out of stock, which violates Article 16 of the Law of People’s Republic of China (PRC) on the Protection of Consumer Rights and Interests, that is, operators should perform their obligations in accordance with this law and other relevant laws and regulations when providing goods or services to consumers. According to Article 11 of the Law of People’s Republic of China (PRC) on the Protection of Consumers’ Rights and Interests, consumers who have suffered personal or property damage due to the purchase or use of goods or services have the right to compensation according to law.
[Consumer Tips]
When consumers buy imported goods through the internet, they should know clearly about the performance, logistics and delivery cycle of the goods, and it is best to choose appropriate business entities and delivery methods. At the same time, we should pay attention to keeping relevant transaction records, chat records with sellers, relevant bills and other evidence, so as to safeguard our legitimate rights and interests in case of disputes.
Case 2: WeChat bought diet pills and had an adverse reaction.
Xie bought from Zhu through WeChat.sixSet of slimming capsules of a certain brand, total2130Yuan. Xie and his lover have weight loss effect in the early stage, and at the same time have symptoms such as dizziness and stomachache.2017yearsevenI went to the hospital for examination last month, and the doctor decided that the diet pills should be added with some illegal drugs. Afterwards, Xie told the manufacturer of diet pills that the manufacturer said that this diet pill was customized by a Wechat business customer Zhu in their factory, and he was responsible for the after-sales problems. However, Zhu said that the goods were regular products and refused to make after-sales compensation. After receiving Xie’s complaint, Donghai County Market Supervision Bureau of Lianyungang City organized mediation several times, and finally Zhu returned Xie’s payment and compensation.2More than ten thousand yuan. At the same time, the bureau also filed a case against Zhu’s illegal behavior.
[Correlation analysis]
Merchants publicize and sell diet pills that do not meet the safety standards through WeChat. According to the relevant provisions of the Food Safety Law, merchants should compensate for the losses and pay the amount of payment.10Double compensation.
[Consumer Tips]
At present, new formats such as Wechat business are developing rapidly, so consumers should be cautious about the promotion of goods in Wechat business, and don’t trust health care products that claim to have therapeutic effects. Health care products that claim to have the effect of losing weight may be added with non-edible substances prohibited by the state, which will bring harm to human health after eating.
Second, consumer disputes caused by operators’ failure to honor their promises
Case 3: A car4sThe store launched WeChat praise but failed to honor its promise.
2017yearfiveAt the beginning of the month, the market supervision department of Jintan District of Changzhou received a complaint from consumers, reflecting a car.4sThe store launched WeChat praise activities, but failed to fulfill its promise. It is understood that the car4sIn order to attract popularity and increase merchandise sales, the store released a WeChat praise collection activity through WeChat WeChat official account. The content of the activity explained that a certain number of praises can be collected to get prizes, and there is no restriction on first-come-first-served basis. Due to the store’s underestimation of the number of participants in the event, the number of prizes prepared is limited, so we can only tell the winners that the number of prizes is limited and has been distributed. After mediation by the market supervision department, the merchants exchanged prizes for consumers.
[Correlation analysis]
The praise collection activities published by merchants through WeChat WeChat official account belong to the contract offer stipulated in Articles 14 and 15 of the Contract Law. Once released, as long as the qualified people make corresponding commitments, the merchants will fulfill their commitments according to the contents of the offer. In this activity, merchants should cash prizes to consumers without limiting the number of prizes in the activity rules.
[Consumer Tips]
When consumers participate in activities such as WeChat praise, they should pay attention to the screenshots to retain evidence. Once their rights and interests are damaged, they should complain to the relevant departments in time to safeguard their legitimate rights and interests.
Case 4: A shopping mall can’t fulfill its promise by recharging points online.
2017yearnineAt the beginning of the month, the market supervision department in Zhonglou District of Changzhou received many complaints from consumers, reflecting that a shopping mall was unable to fulfill its promise by carrying out online recharge and returning points. It is understood that in order to attract popularity and increase the sales of goods, the mall has released the activity of "online recharge, and give as many points as you charge" through the online platform. The content of the activity shows that "any customer can return the corresponding amount of points by recharging on the online platform of the mall, and one point can be used as one yuan, and any goods can be purchased on the online platform without other relevant restrictions. Due to the mall’s underestimation of the number of participants in the event, the business qualification review of merchants on the platform was not strict, and the amount of recharge exceeded its affordability, so the mall frozen some customers’ online accounts. After mediation by the market supervision department, the mall redeemed points for consumers.
[Correlation analysis]
The activities of recharging and sending points released by merchants through online platforms belong to the contract offer stipulated in Articles 14 and 15 of the Contract Law. Once released, as long as the consumer implements the recharge behavior, the merchant should be bound by the offer content. In this case, the merchant should honor the promise to the consumer without making restrictive provisions in the activity rules.
[Consumer Tips]
Consumers should carefully participate in preferential activities such as point redemption. On the one hand, they should pay attention to reading the detailed rules of the activities, and try to fully understand the relevant requirements of the activities. At the same time, they should keep relevant evidence such as screenshots of the activities in order to protect their rights in time.
3. Consumer disputes caused by false sales promotion by operators
Case 5: Online false limited-time promotion deceives consumers.
2017yearsixAt the beginning of the month, the Consumers Association of Binhai County, Yancheng City received consumer complaints, reflecting that an online shop declared "promotional price" when selling paradise umbrellas and other commodities.26.8LeftthreeHours ",consumers worried about the price increase and immediately placed an order to buy. Later, consumers found that the promotion continued after three hours, and a few days later, the promotion of the commodity was changed to" promotional price "29.9LeftthreeHours ",still lasting for several days. Consumers believe that the online store’s product promotion is inconsistent with the actual situation and there is deception. The mediator contacted the online shop operator in time, and after mediation, the online shop reached an agreement with the consumer through consultation. At the same time, the industry and commerce department has standardized the promotion behavior of online stores.
[Correlation analysis]
In order to attract consumers to achieve the purpose of increasing sales, network operators often use "the lowest price for the whole year", "wait for another whole year" and "before the limit" in product pages.**Nominal reduction**Yuan ","finally.**Hours and other false propaganda methods deceive consumers. According to Article 20 of the Law on the Protection of Consumer Rights and Interests, business operators should provide consumers with true and comprehensive information about the quality, performance, use and expiration date of goods or services, and must not make false or misleading propaganda.
[Consumer Tips]
When consumers buy goods online, they should compare as much as possible, and don’t be fooled by the false propaganda of merchants; Attention should be paid to retaining relevant evidence, including trading commodity number, commodity picture, trading time, screenshots of web pages, chat records with sellers, relevant bills, etc. Once necessary, rights can be defended according to law.
Case 6: Online shopping promotion of protein powder, the arrival of the goods "shrunk" by half.
2017Just after New Year’s Day in, Mr. Zhu, a consumer, came to Yangzhou Consumers Association to complain. He saw a well-known brand protein powder merchant on the Internet engaged in a year-end promotion.450G’s protein powder activity price is only fifty or sixty yuan, so I bought it.fourBucket, cost231Yuan. Upon receipt of the goods, Mr. Zhu was blindsided, the packaging of protein powder was damaged, and onlyoneBarrel is450G, the restthreeBarrel only150Dick. Mr. Zhu took photos and contacted the seller at the first time, asking for a refund of the price difference or a replacement of protein powder.900Dick.
The online store said that if the damage is serious, Mr. Zhu can choose to return the goods, but for the refund of the difference or replacement.900The request of gram protein powder was rejected. Upon inquiry, the mediator learned that Mr. Zhu did not keep valid evidence such as screenshots of the online shop’s activities. Therefore, the mediator can only contact the online store with a try attitude. After mediation, the online shop returned Mr. Zhu.115The difference of yuan. At the same time, the industry and commerce department has standardized the promotion behavior of the online store.
[Correlation analysis]
During the centralized online promotion, the promotion methods of major e-commerce platforms and businesses are varied, and the preferential rules are dazzling. Consumers should carefully check the descriptions and pictures of goods before shopping, and should also know all kinds of specific rules of promotional activities, and read the explanations and additional conditions clearly. In recent years, the industrial and commercial and market supervision departments have always received complaints from consumers about the troubles encountered in online shopping, and many consumers are unable to effectively defend their rights because of the lack of corresponding evidence.
[Consumer Tips]
1.Treat online promotion rationally, and don’t buy it easily because of the low price.
2.When receiving goods, you should inspect the goods before signing for them. If you find that the goods are damaged or the bill of lading is inconsistent, you should contact the seller in time.
3.Pay attention to intercept publicity web pages, keep chat records, and properly keep shopping vouchers such as purchase orders, delivery vouchers and invoices.
4. Consumer disputes caused by delivery and return of goods by operators.
Case 7: An online shop sells sandals for false delivery.
Consumer Mr. Liang Yu2017yearfiveLast month, I took a pair of pictures in an online shop at the price of61.92Yuan sandals and immediate payment. After the payment, Mr. Liang saw the system prompt "the seller has delivered the goods" on the Internet, but after many days, Mr. Liang has not received the sandals purchased online. Near the automatic account transfer day, Mr. Liang, who had doubts, inquired online, but could not find the logistics record. The invoice provided by the seller only fills in such items as "Your order has been picked by the third-party seller and will be delivered to A Niu after leaving the warehouse. The contact telephone number is.186********"and so on. After investigation, the telephone number is the business telephone number of a company in Zhenjiang. Mr. Liang believes that the seller is suspected of false delivery and requests the market supervision bureau of Runzhou District of Zhenjiang City to handle it and urge the seller to deliver the goods as soon as possible. It is understood that the seller recently placed more orders and was busy with business, and did not deliver the goods in time according to the standardized process. After many times of communication and coordination by the staff, the two sides reached an agreement, and Mr. Liang expressed satisfaction with the mediation work of the bureau.
[Correlation analysis]
In this case, the seller clicked on the delivery through the background of the third-party platform system, which made the transaction status displayed in the system change to "the seller has delivered the goods", but the goods were not actually delivered. If consumers don’t pay attention in time at this time, it may cause the money to be automatically called to the seller because of overtime.
According to the relevant provisions of the Measures for the Administration of Online Transactions, sellers should provide goods or services to consumers as promised. In this case, if the consumer pays immediately, the seller should deliver the goods in time and inform the consumer of the real delivery information. If the goods cannot be delivered in time, consumers should also be informed of the real situation and delivered as soon as possible.
[Consumer Tips]
Many consumers may encounter the problem of false delivery, and the seller may delay delivery due to busy business and other issues, but if the seller intentionally makes false delivery, it is suspected of fraud. Therefore, consumers We should pay attention to logistics information in time. If the seller deliberately delays delivery, we should keep the evidence in time and report it to the e-commerce platform and the seller’s location.12315Complain through the hotline and safeguard your legitimate rights and interests.
Case 8: Online shopping returns have a mystery. Consumer rights protection to protect
2017yeareightmoon31On April, Ms. Sun, a consumer, bought a dress in an online shop, and the online shop failed to deliver the goods according to the agreed time. When a consumer applies for a return, the customer service of the online store asks the consumer to change the reason for the return from "not delivered on time" to "the consumer doesn’t like it", otherwise it will not be returned. As a result, consumers complained to Wuxi Xishan District Market Supervision Bureau. After mediation, the two sides reached a settlement.
[Correlation analysis]
This is a typical dispute caused by online shopping return. Some online stores often require consumers to fill in the reasons for returning goods as "I don’t like it" or "in order not to affect the reputation of the store"sevenGod has no reason ",otherwise you will not agree to return the goods. According to Article 56 of the Law of People’s Republic of China (PRC) on the Protection of Consumers’ Rights and Interests, merchants shall not deliberately delay or unreasonably refuse consumers’ requests for return of goods, refund of payment for goods and services or compensation for losses. Consumers can safeguard their legitimate rights and interests through legal channels.
[Consumer Tips]
Consumers should be cautious when shopping online, and don’t spend impulsively. If you need to return the goods, you should communicate with the merchants properly and fill in the reasons for returning the goods reasonably. In case of unreasonable refusal to return the goods, rights should be protected in time according to law.
Through these cases, the industrial and commercial departments once again remind consumers,Online shopping needs to be cautious. For preferential activities launched by merchants in the form of price reduction, discount, full reduction, gift giving, lottery, etc., we must keep our eyes open and beware of consumption traps.