Wechat Marketing With Many Risks

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< p > in the near future, the collection of gifts and prizes has become a new marketing method in the WeChat circle of friends, which is "a href=" http://www.91se91.com/news/index_s.asp ">" merchants "/a". However, some businesses have not fulfilled their promises, changed their services casually, and deleted the advertisements freely in the disguise of "goods have been sold out" and "the appointment is full". What's more, some buyers have been cheated after buying WeChat online, or the payment link has simply been fishing websites.

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< p > how to identify the legal nature of WeChat's Zan Zan marketing platform? Is it legal to collect the praise marketing method? What are the legal risks of WeChat trading platform? How to supervise the false advertisements released by WeChat platform? How to protect the rights and interests of consumers in WeChat trading platform? < /p >

< p > < strong > WeChat set praise marketing lacks legal basis < /strong > < /p >

< p > "as long as you pay attention to this public number and accumulate 28 complimentary friends in the circle of friends, you can get the five day free tour of Shenzhen, Hong Kong and Macau sent by our company, and 68 complimentary tours to double people!" such a complimentary tour of the WeChat advertisement has appeared in many WeChat friends circles. Many WeChat users are skeptical about Forwarding and praise.

But in fact, the travel agencies mentioned in WeChat did not carry out similar activities at all, which is actually a "flicker" for merchants to earn the forwarding volume.

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< p > the SAIC clearly stipulates in the "network paction management regulations" that "the network commodity paction referred to in these Measures refers to the business activities of selling goods or providing services through the Internet (including mobile Internet)", which provides the basic legal basis for the supervision of network business activities.

However, the principles of comparison in the "network paction management approach" are still confined to traditional pactions or service practices in strict sense, and WeChat and WeChat pactions can not be incorporated into them.

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Besides, P is not only a simple paction between buyers and sellers, but also involves the exercise of the state's right to the management of market order, including the legality regulation of paction commodities, tax collection and market services.

The seventh article of the "network paction management measures" clearly stipulates that "operators engaged in online commodity trading and related services shall handle business registration in accordance with the law.

Natural persons engaged in online commodity trading should conduct business activities through the third party trading platform, and submit their real names, addresses, valid identity certificates and effective contact information to the third party trading platform.

If there are conditions for registration, the registration of industry and Commerce shall be conducted according to law. "

However, the WeChat Zan Zan marketing mode is through the WeChat platform, enterprises and individuals to establish private accounts for information communication and commodity trading, without necessary industrial and commercial registration and registration procedures, completely avoiding the government's supervision and management, business tax collection.

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< p > > a href= "http://www.91se91.com" > Tencent < /a > has made it clear that the WeChat friends circle is designed to share and pay attention to the life of friends, so as to strengthen contacts. It is a private circle composed of acquaintances, and it is a communication platform rather than an e-commerce platform, and it does not encourage individuals to sell goods in the circle of friends.

WeChat officials also said that according to users' complaints, friends circle will deal with some businesses involved in infringement, counterfeit and shoddy and malicious virus marketing.

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< p > from a legal point of view, the "network paction management approach" does not provide a clear legal basis for WeChat's praise marketing mode.

In addition, because of the virtual and temporary characteristics of WeChat account, WeChat platform marketers can not handle the corresponding business registration procedures. Instead, they can delete their published information at will, which is not in line with the requirements of market order management.

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There are many legal risks in < p > < strong > WeChat paction < /strong > < /p >

< p > the development of e-commerce through WeChat platform requires matching the corresponding risk supervision measures, including the authentication of electric business, registration of industry and commerce, rental or registration of network virtual space, credit evaluation and so on, so as to ensure the safety of pactions.

However, as a private communication tool, WeChat does not have the above development e-commerce factors in design and operation, and there are many security risks and paction risks.

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< p > in the commodity display section, the WeChat Zan Zan trading platform can not fully disclose and display the commodity information. The promotion of goods or services in the circle of friends does not usually show sales, commodity prices, lack of buyer's credit evaluation and evaluation of the quality of goods, and even does not list the size, color, monthly sales volume, grading, details and paction records of the merchandise.

Consumers can not fully understand the goods and services through the information provided by WeChat platform, and consumers' right to know can not be effectively protected, which is in sharp contrast to the already mature Taobao trading mode.

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< p > in the commodity trading section, some sellers use WeChat to promote products or services, and endlessly harass users.

Even some < a href= "http://www.91se91.com > sellers < /a > use WeChat platform to induce consumers to use other legitimate network trading platform, and break away from the security payment system of the original website, which makes consumers face huge security risks.

For example, when trading in WeChat, it is often required to pay first and then ship out, avoiding the supervision of the secure payment procedure of "photographing goods - payment of goods - payment of goods - confirmation payment".

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< p > in the return link, consumers face greater risks.

Although WeChat disputes can be solved through the protection of consumer rights and interests, contract law and so on, the law gives consumers the right to "return without reason".

But because the WeChat business circle is based on trust and exists in the acquaintance consumer circle, in the process of buying and selling, there is often no definite contract for sale and purchase. Many applications do not have the effective real name authentication function. Buying and selling on this platform is equivalent to being in the vacuum zone of the current consumer rights protection law. Once there is a dispute, it will be very difficult to safeguard rights.

Moreover, the design of WeChat platform itself lacks the corresponding sales appeal system, and consumers are more difficult to complain after fraud.

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< p > < > strong > how to protect the rights and interests of consumers. < /strong > /p >

< p > the newly revised consumer protection law will be formally implemented in March 15th. The twenty-fifth most striking provisions are: "operators sell products through Internet, television, telephone and mail order. Consumers have the right to return products within seven days from the date of receipt of the goods, without justification."

This is the right to give back to consumers.

But if it is just a friend's business marketing through WeChat, that is, the trading behavior is confined within the circle of friends, then it is not applicable in the strict sense, because the publisher of the advertisement is not the operator in the legal sense.

In the point of giving gift giving activities, if WeChat users are cheated by businessmen, not only will it be difficult to obtain evidence from the lottery process, but also prove that it is difficult to prove the damage. Besides, some WeChat users are only involved in the activities of praise, and there is no substantive consumption.

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< p > < < a href= > http://www.91se91.com/news/index_s.asp > > WeChat marketing > /a > behavior also depends on the perfection of relevant laws and regulations. In this process, WeChat users are very important to safeguard their legitimate rights and interests due to the damage of consumer traps in WeChat marketing.

Under the current circumstances, according to the provisions of the contract law, the business will be regarded as an offer on the WeChat platform. It is a promise for WeChat users to pmit advertisements and full of "Zan", which can be seen as a contract between the two sides.

Businesses do not honor their promises and are liable for breach of contract.

If WeChat users suffer property losses, they can report to the public security department. If there is any false propaganda or commercial fraud, they can also complain to the consumers' Association or the local industry and Commerce Department.

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