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    "Spike" To Merchandise Was Deceived By Consumers.

    2014/3/12 14:39:00 12

    SpikeCommodityConsumer

    < p > merchants set up a "spike" campaign to attract people's interest. Consumers successfully grabbed "a href=" http://www.91se91.com/news/index_f.asp "goods > /a" but they were "refused to deliver". They were told that "the price was wrongly labeled".

    Reporters found in the survey that such a thing is not uncommon, and consumers seem to have only one way to complain after they encounter such things, and no compensation can be obtained after the complaint is accepted.

    < /p >


    < p > strong > "seconds", but the goods were refused to deliver goods < /strong > /p >


    Less than p ago, Mr. Cheng wanted to buy a sportswear, so he searched the key words on Taobao.

    He saw a "men's wholesale market" shop with a price tag of only 2.9 yuan Lining men's sportswear, low prices immediately attracted his attention.

    He clicked the web page to see that the original price of the sportswear was 318 yuan, and the word "kill one hour" was tagged beside it. The price of "spike" was only 2.9 yuan.

    < /p >


    < p > Mr. Cheng thought he had met the rare opportunity of < a href= "http://www.91se91.com/news/index_s.asp" > "kill /a >", so he quickly took a suit of men's clothing.

    But when he subsequently communicated with the merchant whether he could change the number, he was told by the businessman that the price was wrong, asking him to apply for a refund.

    "How can this be done? This is a naked act of deceit! And even if the price is wrong, then the responsibility is not in me. Why do I ask myself to apply for a refund?" and according to it, when he argued with the merchants, the businessman only returned a word "whatever you want" and no longer spoke to Mr. Cheng.

    Mr. Cheng also noted that the "spike" goods were still on the shelf for a long time after the merchants said they had "marked the wrong price".

    < /p >


    < p > to this end, the reporter called Taobao customer service.

    After listening to the reporter's account, the customer service said, "this kind of thing is quite common. I often receive such complaints. I myself have encountered it."

    In order to attract the popularity of shops, many businesses often hold such a fraudulent "spike" activity, but they refuse to deliver the goods after the buyers have photographed them.

    The reporter asked, when consumers encounter such things, how to safeguard their rights and interests? The customer service said it was powerless. "The behavior of the store itself is a violation of our regulations. We can only punish the store according to your complaint, such as the withdrawal of the" spike "product, or the rectification of the business as the case may be, but for buyers, we do not have any corresponding compensation measures.

    < /p >


    < p > reporter found in yesterday's Taobao search "men's wholesale market", it was discovered that the "a href=" http://www.91se91.com/news/index_c.asp "shop" /a "is still in normal operation, the" spike "goods also did not get off the shelf, and placed in the most eye-catching position, but the price changed to 78 yuan.

    < /p >


    < p > < strong > merchants should at least perform pactions < /strong > /p >


    < p > reporter found in the survey that such a thing is not uncommon.

    Not only in Taobao, but also in other shopping websites.

    This reporter interviewed Gan Yi, lawyer of Guangdong Sheng Dian law firm yesterday.

    < /p >


    "P > Gan Yi pointed out that this is a typical fraud.

    "When a business uses a second shot to sell goods to consumers, it is in line with the principle of equality and voluntary civil activity. Merchants can gather popularity in this way and harvest the attention, which is beneficial to the business. At the same time, consumers can get goods at low prices through the second shot activities, which is also a real benefit. Taobao, as a sales platform, will also get more pactions because of the activities of merchants, so this way is more win.

    Then, we can regard the business's second shot activity as an offer. When consumers are lucky enough to get the merchandise, the contract between the two sides is reached.

    After payment by consumers, businesses should fulfill their obligations according to the rules of activities and provide goods.

    If a business fails to fulfill its obligation to deliver, it constitutes a breach of contract.

    Consumers can not only ask businesses to continue to perform contracts, provide goods, but also require businesses to bear liability for breach of contract.

    < /p >


    < p > he said that according to the 107th clause of the contract law, if one party fails to perform its contractual obligations or fulfills its contractual obligations, it shall not be in conformity with the contract, and shall be liable for breach of contract, such as continuing performance, remedial measures or compensation for losses.

    < /p >


    < p > < strong > Taobao net should introduce new regulations < /strong > < /p >


    < p > he pointed out that Taobao, as a trading platform, is also obliged to protect the legitimate rights and interests of consumers.

    "Because consumers rely on the paction information brought by Taobao to trade with merchants and pay the three party to Tao Baodi, Taobao is an important part of the whole paction process.

    Since Taobao also benefits from trading, it should assume corresponding responsibilities, and the most basic is to maintain and guarantee the authenticity and security of pactions.

    It is highly irresponsible for Taobao to blame the business entirely.

    In other words, Taobao, as a manager of a business, fails to fulfill its full management obligations, so that the interests of consumers are impaired. Taobao should be jointly and severally liable. "

    He believes that besides the store's business, a href= "http://www.91se91.com/news/index_s.asp" > Taobao < /a > should also introduce some new regulations to protect and compensate consumers.

    < /p >


    < p > besides, Gan Yi pointed out that consumers should keep a mind when doing a similar "spike" behavior. Do not see the low price goods immediately purchase, we need to see more.

    Often, sales of goods that are substantially lower than normal prices tend to be "tricky". Many lawless elements will "fish" and cheat money by consumers at ultra-low prices.

    < /p >

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