"The First Case Of Chinese Group Buying Rights Protection" Sounded The Alarm Bell

In China, online group buying is welcomed by many people because of its price advantage. Large and small group buying websites emerge as the times require.

Textile and garment enterprises regard it as a new sales channel and marketing tool.

But in Beijing, Shanghai, Tianjin and other group buying mode, cities that are developing rapidly, businesses are closing down, and consumers are nowhere to cash in.

At the same time, all kinds of fake products and cottage products are also reclaiming the spirit of group buying, which not only brings economic losses to consumers, but also brings many enterprises into a credit crisis.

In March of this year, Mr.

In April 24th, the "French cock" music company Kark announced in Beijing that it started the legal process for selling the products of today's City Information Technology Co., Ltd. and its operation group buying website "tick tat", providing the products of Shenzhen Xiu Xiu Network Technology Co., Ltd. and its operation e-commerce website "Xiu Xiu net".

The industry generally believes that the international rights protection incident, targeting at the current hot domestic.

Before the judicial decision, we have no matter what the right and wrong is, but we have to admit that because the group buying consumers are more dispersed, with their own strength, the cost of safeguarding rights is very high.

According to the survey data released by Beijing industry and Commerce Bureau and Beijing Consumers Association, nowadays group buying and consumption has become a hot topic of consumer complaints, and the problem of group buying rights protection has become increasingly prominent.

{page_break}

Group buying is still flickering.

How many people like to buy online groups nowadays? How much do these consumers spend on online group buying each month? What kind of group buying websites do they prefer to buy? What products will they buy when they buy a group? How many consumers have been cheated by group buying?

Of the 154059 respondents who participated in the survey, 91.31% said they were very keen on online group buying, and 74.89% of respondents would spend 1000 yuan on group buying each month.

And group buying has penetrated into all aspects of life, such as household appliances, clothing shoes and hats, bedding, toiletries, sports equipment, daily necessities, digital products, food, health products, books and audio-visual, all kinds of food and entertainment coupons, of which 22.90% of respondents will choose food and health products, 13.27% of respondents prefer to buy clothing shoes and hats.

They are more inclined to group buying products with high reputation, as well as group buying websites with beautiful page design, simple operation, good after-sales service and shopping guarantee.

3.27% of respondents had been cheated by group buying.

However, because of the "super low discount" strategy of group buying website, 96.09% of respondents said that even after being cheated online shopping, they would continue to participate in online group buying.

At present, most group buying websites only choose to use instant payment.

This is an urgent problem to be solved in group buying mode, and it will become a bottleneck in the development of this mode in the future.

Analysis of the industry, this approach is to completely shift the risk to consumers, so it is easy for some lawless elements to leave an opportunity.

It is reported that many group buying websites have not gone through the necessary procedures such as business registration and domain name filing.

It simply can not guarantee quality and service, is a hammer business, take money to leave.

And the entrance threshold is too low, making a large number of group buying websites in a short time, the competition is fierce, the quality of the industry is different.

In addition to several large group buying websites, most other group buying stations do not have complete company information. They do not specify the ICP operating website's record number, electronic business license and other information on the homepage of the website. The contact ways are also very obscure. They often can't find the telephone and the site, leaving only the QQ number of the customer service, or even an e-mail or an online submission.

Once consumers are deceived in the process of group buying, it is difficult to safeguard their rights and interests.

{page_break}

The emphasis of network rights is regulation.

In the process of group buying, how many consumers will take certain measures to protect their rights and interests? If they find that the group buying website is suspected of fraud, what will these consumers do? Whether from the perspective of consumers, enterprises or from the perspective of the development of the whole industry, we all hope that the relevant departments will consider how to supervise group buying.

4.57% of the respondents will check out the relevant netizens' evaluation and word of mouth, identify the authenticity of the website's information and the records of the exchange; 16.36% of the respondents will check whether the group purchase website has a ICP record number and whether there are effective links to inquire whether the website is running a company or not, and verify the name and address of the operation enterprise; 16.28% of the respondents will choose the larger scale and better word-of-mouth group buying websites; 32.67% of the respondents said that if the website is directly issuing payment links or directly remitting money to them, they will be cautious to participate in (currently used fishing tricks commonly used); 14.74% of the respondents will retain the confirmation message and keep the confirmation SMS and confirm the page after the group purchase, so that there will be evidence for disputes. For consumers, 15.38% of respondents do not believe too much about super low group buying, they will see clearly the terms of the paction, especially after the event.

In addition, if a group buying website is found to be suspected of fraud, 60% of the respondents will report to the business administration department or complain to the Consumer Association; 38% of the respondents believe that if the website is suspected of fraud, they will provide clues to the public security organs, and 2% of the respondents will resolve the matter of return compensation which can not be negotiated or resolved through litigation.

It can be seen that most consumers have a strong sense of rights protection, but even so, they can not avoid the endless network trap problem.

Wang Ke, general manager of Ningbo music Kark, who started the first case of "China group buying rights protection", said that Kark's rights protection appealed to the law, which not only protected the legitimate rights and interests of the famous international sports brands, but also helped the consumers to safeguard their interests by enterprise strength.

While reminding consumers of the risks of online shopping, Wang Ke also appealed to online shopping companies to abide by the law and operate in good faith, so as to realize the win-win situation of online sales platforms, well-known brands and consumers.

Yang Kai, a legal consultant, said: "if we say a simple contract, we have a contract law; if it is a simple consumer right, we have a consumer interest law; a simple intellectual property right, we have the corresponding intellectual property law; a simple payment, we have the corresponding financial laws and regulations to manage, but all these problems will be found in the face of the overall platform of e-commerce, and the demand is less and the connection is less."

It is gratifying to note that before the World Intellectual Property Day, the Ministry of Commerce issued the "third party e-commerce paction platform service specification" and put forward a set of paction dispute resolution mechanism.

The "third party e-commerce paction platform service specification" includes encouraging platform operators to set up a "cooling off period" system, allowing consumers to have no reason to cancel orders during the cooling off period, and the third party trading platform to compensate consumers first.