Merchants Will Be Appealed Against Fake Merchants After They Start Injure Businesses.

During the national day,

Feng Dun leather products Co., Ltd. (hereinafter referred to as "Feng Dun leather") Wu Tingting, director of the Ministry of e-commerce, has not been idle. The Tmall flagship store of its company has been closed for nearly two months. After many consultations with Tmall failed, its company began to prepare materials and initiate litigation.

Reporters learned that since the beginning of this year, Tmall sellers have been exposed to "mysterious spot checks", and then appear to be substandard due to sampling inspection.

"Many articles are overlord clauses, which are unfair."

On the 9 day, Wu Tingting told reporters that Feng Tun leather was detained for 20 thousand yuan because of "no agreement" and was shut down.

Many businessmen, including Feng Dun leather, believe that Tmall's sampling process has not been disclosed, and some businesses have been "accidentally injured". However, Tmall has largely refused to respond. This prompted some sellers to set up a QQ group for safeguarding rights.

On the 9 day, Huang Zhen, director of the Institute of financial law of Central University of Finance and Economics, told reporters that strict censorship is a necessary condition for Tmall to build its own platform and improve its quality.

"The introduction of fair and open media supervision mechanism and system is perhaps the only way for Tmall to develop in the future."

Merchants were "accidentally hurt"

The information provided by Wu Tingting to reporters showed that Tmall issued a penalty notice on August to 15, Feng pier leather flagship store of Feng Dun leather: "for violation of"

"Serious violations" and a total of 12 points deducted, Taobao network for you to make "shop screening, limiting the release of goods, limiting the creation of shops, restrictions on sending station letters, restrictions on community functions and public warning 7 days" node processing.

Wu Tingting told reporters that Feng Dun leather footwear flagship store mainly sells labor insurance shoes, and the punishment is due to shop sales.

There is an English word on the insole, which is recognized by Taobao as selling the brand product that has not been agreed to sell.

"The English we marked is not marked with TM and R, nor does it appear in the product promotion, so it can not be identified as a brand. It can be regarded as a description or decoration of the product at best."

Wu Tingting told reporters that the shoe pad is only an accessory to shoes, not a commodity subject. Tmall can not confirm that the English is a brand description, and can not even say that its company has issued an agreed commodity.

On the 10 day, Sun Haiqing, a lawyer of Shandong Yuanding law firm, told reporters that the practice of Taobao was not in accordance with the rules. There was no TM or R label and decorative words written on the insole would not cause confusion. It should not be regarded as the trademark of its brand.

Wu Tingting said that Feng Tun leather made a complaint in August 17th, and received a notice of cancellation from Taobao on August 25th, but the company has not resumed its operation until now, and the 20 thousand yuan deposit has not been refunded.

According to the requirements of Tmall, if you want to restore the operation of Feng Dian leather, you must pay 20 thousand yuan deposit.

"But because penalty points are still there, no activity is allowed.

Before we were crowns, we could pfer to Taobao C store. Now, even if it is restored, it can only be the bottom store, and there is no traffic flow.

"We are preparing to take legal proceedings."

Wu Tingting told reporters that from August to the end of last year, the sales volume of Feng Dun leather was about 1 million yuan, and it will be zero after August this year.

Because Tmall made a shop shielding penalty, which led to the delayed operation of Feng Dun leather shop, and the loss was borne by the merchants themselves, which is unacceptable to Feng Tun leather.

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Collective rights protection

The experience of Feng Tun leather is not a case.

At present, some sellers of Tmall mall have set up a Tmall QQ group to return my margin to deal with the "mysterious" spot check method and "severe" punishment measures adopted by Tmall mall.

According to the group members, more than 200 sellers are now joining the ranks.

Reporters learned that the "mysterious spot check" stems from a new policy of Tmall.

Last October, Tmall declared that the market management system was upgraded with the aim of protecting the rights and interests of consumers and combating counterfeit and intellectual property rights.

In September this year, Tmall said that spot checks were based on complaints data analysis, and bought mysterious purchases for some businesses.

"Part of the sampling staff is personified by the staff, purchased directly after inspection, and the other part is the mysterious buyer recruited. They are sent to the testing institution after shopping."

For the unqualified inspection, deduct the deposit before the illegal business.

But the move caused much controversy.

"If we want to prove that the sampling inspection is fair and reasonable, the whole process of sampling must be videotaped, and notaries will be present for notarization."

Wu Tingting told reporters that they had applied for an open sampling process, but Tmall replied that it belonged to confidential information.

Before the Alibaba Internet Conference in September, many penalized sellers gathered at the headquarters of Tmall mall in Hangzhou to safeguard their rights.

Wu Tingting also took part in the event. She told reporters that in the evening of September 7th, Taobao had only negotiated with him. After that, it was said that the original punishment was maintained.

"Tmall has an agreement with merchants, but Tmall's rules have been changing."

Wu Tingting told reporters that the agreement was signed when it was settled. After that, Tmall amended the rules and then punished them according to the rules.

Some businessmen also speculated that the acquisition of shares and planning for listing would make Alibaba funds tight, and crack down on online merchants could not only purify the platform, but also reduce the problem of capital shortage by deducting margin.

"The agreement of Tmall must first conform to the corresponding law, and the enforcement process must also be compliant."

Sun Haiqing told reporters that the seller had the right to know the entire sampling process.

"The practice of Tmall is a self rescue act lacking commercial trust, which should be advocated."

Huang Zhen told reporters that Tmall, as a developing B2C platform, is not perfect, but its problems should also be taken seriously. The introduction of fair and open supervision mechanism is the only way for Tmall to develop in the future.