Unconsumed Refunds Dispute: Absence Of Industry Standards Behind Group Buying Rules
In the field of e-commerce and group buying, there has been controversy over "unexpired expired no refund". Besides the newspaper's earlier report that consumers complained about Wo Wo Group, they recently received related complaints about Ganji network.
According to the independent group buying navigation website group 800 network group buying complaint platform, in October 2011 and November, approximately more than 1000 complaints were received each month, and the complaints about "unexpired expired no refund" accounted for 10.6% compared to October and 9.4% in November.
People in the industry say that the group buying website has a pattern difference from the traditional e-business in the past, that is, the mode of "payment after consumption", thus putting forward higher integrity requirements for the whole industry.
At present, the different group buying websites have different attitudes towards the issue of "expired consumption refund". Are there any refunds for unexpired expiry date? Whether there should be any SMS or email reminder before the expiry date of group buying coupons? There is no uniform industry standard.
To this end, the reporter conducted a survey of domestic and foreign group buying websites and made an analysis of the industry.
expert
Interviews with the legal profession and the confusion of service standards from the group buying website indicate that the group buying industry needs to be unified.
service
In the end, this will ultimately affect the future path of the whole industry.
Unconsumed how to refund domestic group purchase networks
"Group buying website originator, American Groupon" paid "
Amount of money
The phrase "never expires" is actually a more euphemistic and public relations expression.
Wang Huiwen, vice president of the US group network, believes that the domestic group buying website clearly supports.
"Unexpired overdue refund" protects consumers' interests to a greater extent.
In March last year, the US group formally announced the launch of the "expired package" plan in the first year of its establishment. Users will receive a refund service if they do not expire.
Wang Qiheng, group leader of the group buying navigation website, said CEO was the first to announce overdue refund in the industry.
It is understood that before the "3.15" in 2011, a number of group buying sites have implemented "no consumption expired refund".
Sheng Shangkun, a legal expert, believes that the stipulation of "overdue consumption and no refund" of domestic group buying websites is a violation of consumers' rights and interests. First, consumers pay the price to get group buying vouchers, which should be regarded as a contract of sale between consumers and group buying websites.
Consumers are buyers, group buying websites are sellers, but the relationship between traditional sales contracts and sellers' products or services is different from that of group buying products or services, which are third parties agreeable to consumers and group buying websites, but this does not deny the legal nature of contracts between consumers and group buying websites.
Secondly, when the consumer does not happen, the group buying website should refund as long as the consumers demand.
The nature of the price paid by the consumers to the group buying website should be prepaid. Before the occurrence of consumer behavior, the liability of the group buying website should be recognized as an accountant.
Before buying, consumers demand the refund of group buying websites. In fact, they are relieved of the sales contracts between group buying websites, because the price paid by consumers before they are paid is prepaid, and they do not have the nature of deposit, deposit, breach of contract, deposit and so on. According to the relevant provisions of the "People's Republic of China identical law", after the contract is terminated, the seller's group buying website is obliged to refund the consumers' payment according to the requirements of consumers.
Even though large group buying websites in China support most of the overdue refund of group purchase vouchers, they also have certain restrictions: for example, physical products (products that need logistics and pport), ticketing products (including physical and electronic tickets), mall coupons (including physical shopping malls and electronic mall), clearly indicating products or services that do not support expired packages.
Groupon did not mention similar instructions in the rules.
In response, Zhao Zhanling, a legal personage in IT, said that the "unexpired expired refund" of large group buying websites in China has the following 4 limitations:
1., it is necessary for users to apply voluntarily instead of automatic refund. Some stipulate that after the expiration date, a certain period of time is exceeded.
2. refund to the website's registered account, rather than the original return, or the refund is the original return, but a certain percentage of service charge is required.
3. the scope of supporting unexpired expired refunds is limited. Physical distribution products, ticketing products, mall coupons and prior declaration of expiry date do not support overdue refund.
4. some websites stipulate that only expiry of the group buying coupon can only support the overdue refund. The user's personal reasons do not support the refund of the group purchase voucher expired.
Zhao Zhanling believes that in contrast, foreign regulations are very meticulous, no matter what circumstances (no distinction is the reason for users or merchants), group buying coupons can be refunded without expired.
Group purchase vouchers are not printed, and they are automatically refunded after the expiry date, and they are originally returned. They are not only refunded to the website registration account. They have been printed but not actually used, and they are required to apply for refund after the expiry date.
In addition, the main difference between domestic and foreign group buying websites is whether the automatic refund is applicable, whether the scope of application is restricted or whether the refund is returned.
Comparatively speaking, overseas group buying websites pay more attention to the rights and interests of consumers. More consideration is given to consumers' feelings on overdue refund.
Group buying network values decide rules making
"The starting point of domestic and foreign websites when formulating group buying rules should be consistent."
Legal expert Sheng Shangkun thinks, as a business entity, when they make group buying rules, they mainly take law and market as the starting point.
The formulation of rules can neither violate the provisions of law nor meet the needs of the market.
"At home, many group buying websites have launched" seven days retreat, overdue retirement "and other measures, but these are actually the products of vicious competition. Personally, it is still questionable. Until now, Groupon and Google group buying have not expired in the US.
Shen Boyang, general manager of glutinous rice net, said that when they went to talk with businessmen, merchants did not like the unexpired refund.
When buying a contract with a businessman, a group buying website promises to give the other party a promise of how many passengers it can bring.
Finally, because no consumption expired refund, more consumers may not be consumed, causing losses to businesses.
Hu Chen, co-founder of the 800 net group of group buying navigation website group, said that the understanding of group buying by domestic businessmen is relatively elementary. Generally speaking, I will give you a cheap price and you have to bring me customers.
Therefore, once the consumer refunds, the merchant feels hurt, because the material and manpower that he prepares for this activity is likely to be wasted, so from the merchant's point of view, they do not want to see the refund happen.
As for how to perfect the group buying website in the future and formulate corresponding rules, Hu Chen believes that we can only follow the reform of consumption habits and credit system to find the three party balance answer.
For example, the rise of mobile payment will bring new challenges and opportunities.
Group buying has always been seen on PC, but if consumers can complete the search and purchase function on the road, it will change the evolution direction of this preferential mode.
Compared to the past, the most important thing is to get through the mobile payment function of some group buying stations, not every group buying website has enough technical power to support mobile payment, they have realized the collection and pfer of money -- but the new problems will come out again, who will happen to the paction behavior of consumers, who should complete the refund identification and so on.
With the progress of mobile Internet, there will be new problems that can not be explained by previous rules.
We can only move forward and promote the reform and formulation of industry rules through specific cases.
Groupon: automatic refund can be made after 30 days overdue.
Groupon, the founder of group buying, helps local businesses create business pages by setting up "GrouponStores".
As long as the merchants pass the quality evaluation and do not have to queue up for the group purchase network arrangement, they can flexibly and independently publish their group buying information on the corresponding page of group buying network.
The group buying website, with its power of "net gathering", brings together businesses and scattered consumer demand to achieve merchandise sales below retail price.
This is a new business model.
After the introduction of Groupon's model into China, a group buying began.
"Tornado" and various group buying websites have sprang up. The after-sale service and credit guarantee of group buying websites have become an important problem. The focus is focused on whether the "unexpired expired refund".
According to Wang Xing, CEO of the US group network, "unexpired expired" is the industry's hidden rules. The unpaid group buying coupons are neither to merchants nor to consumers, and finally become a means of increasing revenue for group buying websites.
Because the mode of group buying websites originates from Groupon, the rules of Groupon become particularly important.
The daily economic news reporter, after consulting the relevant rules of Groupon, found that the relevant terms of Groupon group buying coupons show: 1. The value of group buying coupons includes two parts, which are paid in cash and merchants coupons.
The former will never expire, and the latter will have a deadline. Two, Groupon thinks that an instant coupon is not printed, or if its barcode is not downloaded to the phone, it will automatically refund, and the refund will be the same as the original payment method of the buyer.
If an instant coupon is printed, or if its bar code is downloaded to the phone, it is actually not used. Then the buyer should contact Groupon and ask for a refund.
Unlike the domestic group buying website, the Groupon group purchase product does not indicate the support of "unexpired expired refund" or "no support".
"No overdue refund".
Three, in the Groupon sales terms, if merchants or venues refuse to perform any coupons, Groupon will return to the original or return to the virtual account of Groupon, namely GrouponBucks, and the coupon in the account will never expire.
In view of how to deal with the immediate coupon expiration date, the customer service representative of Groupon explained that if Groupon's instant coupon was not used after purchase, it could be automatically refunded after 30 days overdue. If the purchaser is willing, he can contact Groupon to deal with the refund within 30 days after the expiry date.
Hu Chen, co-founder of group buying navigation website group 800 network, thinks that Groupon is more detailed than the domestic group buying website on the rules of Groupon group buying tickets. Groupon has set up a checkpoint for "printing or downloading to mobile phones". Groupon believes that as long as this action occurs, consumers will not only pay in advance, but also "out of the ticket". At this time, consumers have already enjoyed this opportunity, so they can not refund, and if they insist on refund, they need to take the initiative to explain.
According to Hu Chen, in the domestic group buying station, there is no such checkpoint, even if consumers download to the phone, if not to spend, many websites are allowed to refund again.
However, Groupon has no 100% commitment to return to the original, but it may be stored in the GrouponBucks virtual account.
Solving group buying integrity requires multiple efforts.
In view of the problem of whether or not the money can be refunded, the first thing everyone thinks is whether the group buying website is good enough.
However, even if the group buying website is willing to do this, it also needs the cooperation of the cable merchants. The integrity of the entity merchants is also an important link, which brings great challenges to the group buying website.
According to Shen Bo, general manager of glutinous rice net, there are several credit problems in domestic businesses. First of all, a larger problem is that there is still a certain gap in the whole business environment in China. Most of the three tier cities in China, including second tier cities, strictly require the qualifications of merchants, most of which are not enough. This brings greater challenges to group buying websites. On the other hand, the integrity system of domestic businessmen is not sound, and it may be relatively less developed in the developed countries, because the reputation of a certain enterprise will follow him for a lifetime, and the credit system is not perfect, which also poses a great challenge to the whole group buying website.
From a consumer's point of view, unexpired overdue refund is obviously a pleasant thing to do.
This protects consumers' rights and interests to the greatest extent. However, it is also necessary to see that group buying is a matter of mutual interest. The rules of your game are that you get a special offer through prepaid registration, and the side of the unilateral trade will create new problems.
Hu Chen, co-founder of the 800 Network Co owner of the group buying navigation website, believes that the emergence of new problems will also hurt the interests of consumers, which will lead to the popularity of group buying scalpers. They can quickly buy large quantities of cash to buy the most popular group buying products, and then sell them on the Internet. If they sell, they will earn a difference. If they can not sell, they will be able to expire in full, and there will be no loss.
But in the end, it will cause greater damage to consumers' rights and interests.
The payment habit of domestic users is cash to pay, and gradually converted to Internet payment means such as Alipay.
But consumption habits are still relatively natural, and they think they can go back without eating.
Of course, due to the lack of credit punishment for the improper behavior of the few consumers, it will also hinder the group buying station from embracing the user with open mind, because they do need to guard against cattle and a small number of malicious users, which makes ordinary customers feel that the group buying station is not so sincere and active in the refund.
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