[Electricity Supplier Review] Electric Business Center Lawyer Evaluation Of E-Commerce Platform Sellers Luxury Sale

< p > July 28th, < a href= "http://sjfzxm.com/news/index_c.asp > > domestic" /a "> the third party seller's luxury sale and sale incidents on the electronic business platform were exposed, pushing jumei.com, Jingdong, Amazon China, No. 1 shop, Gome online, Xiu Xiu net and a large number of well-known e-commerce platform to the condemnation of public opinion.

The hero of this storm, "Xiang Peng Heng Ye", is actually a small trading company.

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< p > Jingdong responds that it has handled and investigated the "Banna fashion" shop, and will impose heavy penalties on the shops in the future.

It also provides unconditional return service to consumers who purchase the product.

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< p > Jingdong said in a statement that it will further rigorously arrange the platform sellers and conduct more stringent qualification audits for the incoming merchants.

In addition, if the third party platform is found to be false, it will also jointly inspect the counterfeit products with the business department.

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< p > jumei.com issued a statement saying that it had closed the shop of "Xiang Peng Heng Ye" and stopped selling all the goods from the third party platform.

In the statement, he also said he would never tolerate the third party platforms that hurt consumers' interests.

It is not ruled out that the relevant legal measures should be taken according to the final investigation.

It also ensures that one hundred percent pparency will be maintained and the follow-up information will be released to the public in a timely and timely manner.

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< p > at the same time, the United States said that this problem is due to the defects of the luxury third party platform itself, and the direct delivery of the third party leads to the strong supervision of the platform business.

The third party platform business of luxury goods is a business carried out by poly new company. Although the United States has repeatedly strengthened its supervision, it is still very sparse.

In the main business of cosmetic products, recently, the United States has introduced new regulatory measures, such as chromatography detection, real estate alliance, etc., but the shortcomings of the third party platform itself mode make the sampling efforts not as good as cosmetic products.

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< p > < strong > related data < /strong > /p >

< p > according to the data monitoring of China Electronic Commerce Research Center (100EC.CN), by the end of 2011, the scale of China's luxury online shopping market reached 10 billion 700 million yuan, the growth rate was 67.2%. In 2012, the online shopping scale of luxury goods reached 15 billion 450 million yuan, an increase of 44.4% over the same period last year.

In 2013, the scale of luxury e-commerce business reached 20 billion 820 million yuan, up 34.8% over the same period last year.

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< p > from the data, we can see that luxury online shopping has entered into people's life in recent years. With the change of consumption concept and consumption ability and the popularity of Chinese people for international brands, luxury goods have considerable market space in China.

2011 is a year of rapid development of luxury electric business, and then the growth rate of luxury electric business is relatively slow.

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< p > < strong > analyst opinion < /strong > /p >

< p > in order to more comprehensively analyze the impact of this incident on the luxury electric business in China, the special researcher of the China Electronic Commerce Research Center and the well-known nationwide electric business lawyers published this comment (more analysts' comments, please pay attention to the center WeChat public account: i100EC), which is widely used by consumers and business people for reference.

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< p > for this, Dong Yizhi, a research fellow of the China Electronic Commerce Research Center and lawyer of Liaoning Asia Pacific law firm, said: < /p >

< p > - the sale of luxury goods on the platform of the electronic commerce platform is related to the regulatory review loopholes of the platform for the third party trading companies < /p >

< p > according to the provisions of the relevant laws and regulations of the "network paction management measures" and other relevant laws and regulations, whether a business platform is jointly and severally liable with fake suppliers is a criterion for determining whether the business platform is deliberate, whether it is informed or tacit.

According to the regulations, the electronic business platform is the platform provider of network pactions. If it knows or should know that sellers or service providers use their platforms to encroach on the legitimate rights and interests of consumers and fails to take necessary measures, they shall be jointly and severally liable for the sellers or the service providers in accordance with the law.

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< p > but the "necessary measures" stipulated by law is a vague concept which is not specific enough.

This also gives every business platform a stitch that can be inserted.

From the official website of each electricity supplier platform, we can see that it has set up its own standards, requirements, conditions and censorship restrictions.

But the purpose of many restrictions is not to safeguard consumers' rights and interests, but to prove that they have done the duty of review and supervision, and become a shield for exemption from responsibility.

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There is no free lunch in the world. Of course, there is no free deal in the world. P

Although for some of the riverside businesses, the platform managers who are stepping up the grey margins, no matter consumers or business administration departments, are unable to start.

But the eyes of users are bright.

Platform reputation is damaged, compared with consumers' rights compensation and regulatory authorities' punishment, is the biggest doom.

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< p > for this purpose, Wang Bingjie, a special researcher of China Electronic Commerce Research Center and lawyer of Zhejiang Golden Road law firm, said: < /p >

< p > - the legal liability of the seller of the platform electricity supplier should be treated differently from < /p >.

< p > electricity providers, such as suppliers, are directly sourced from the electricity supplier through the search for suppliers. There is no information about any third party suppliers during the sale. Based on this sales form, it can be considered that jumei.com is directly involved in the sale and purchase relationship with consumers. Once the sales fee is purchased, fake goods can be directly asked jumei.com to bear the responsibility of selling at least "buy one loss one".

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< p > and if the seller of the third party seller on the electronic business platform sells the goods, such sales actions occur between the third party sellers and consumers. First of all, the seller of the third party shall bear the liability of compensation, for example, if the electronic business platform is dereliction of duty or can not provide the information of the third party seller, it also needs to bear certain responsibilities.

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< p > for this purpose, Yao Xiaojuan, a special researcher of China Electronic Commerce Research Center and lawyer of Zhejiang Tian Bao law firm, said: < /p >

< p > - consumers know that luxury goods are still purchased because they satisfy the vanity of "/p".

< p > first, electricity providers need to assume responsibility for the spread of luxury goods.

It is easy to see from the report that suppliers' so-called brand authorization books are basically forgery, and as an electricity supplier, the authenticity of their authorization should be verified before entering the brand.

However, in order to seek benefits, the electricity providers may only have done some superficial work to carry out the formal review, which is a connivance in some sense.

As a supplier, the legal liability of forged documents to sell infringing goods is not only limited to civil cases, but may be suspected of criminal offences.

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< p > Second, as consumers, sales of luxury goods at a reasonably unreasonable low price are believed. Most consumers know that luxury goods are fake, but they are still willing to buy them, because these fake goods satisfy the vanity.

It is with demand that there is supply.

However, this supply is actually an illegal act.

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< p > for this reason, Zhao Ying lawyer, a special researcher of China Electronic Commerce Research Center and Beijing Zhi Lin law firm, said: < /p >

< p > - third party platform seller selling electronic business platform shall bear joint liability. < /p >

< p > poly America and Jingdong have both proprietary business and business operation.

The exposure of the sale is part of the latter. Poly America and Jingdong belong to the network trading platform providers stipulated in the new consumer law.

According to the new consumer law, under the three circumstances, the providers of online trading platform need to take legal responsibilities: first, they can not provide the real name, address and effective contact method of the sellers or the service providers; second, make the promises that are more conducive to consumers; third, knowingly or knowingly should know that sellers or service providers use their platforms to encroach on the legitimate rights and interests of consumers, and do not take necessary measures to undertake joint liabilities with the seller or the service according to law.

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< p > for this incident, whether or not the United States and Jingdong bear the responsibility involves two situations. For example, if they make a promise of compensation for fakes, they should honour their commitments.

In addition, it is necessary to prove that they do not know or should not know the selling behavior of the merchants, otherwise they may have to bear joint and several liability.

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