China Consumers Association Responds To Hongxing Erke Store Chopping: Suspected Violation Of Electricity Supplier Law

Take part in the "6.18" Shopping Festival.

It's hard to work hard together.

But was told by the businessman that the activity was cancelled.

What is the operation of suning.com Hongxing Erke flagship store?

Recently, the official micro-blog of China Consumer Association received some consumers' reflection. In June 20th, suning.com Hongxing Erke flagship store released advertisements through headlines, jitter, QQ and other channels. It announced that the store will carry out the activity of "21 full 20 back" in June 21st, causing large numbers of consumers to place orders during the active period of 0:00-3:00.

On the 21 day, suning.com cancelled the order during the full reduction campaign on the grounds of the "abnormal price" of Hongxing Erke flagship store. Consumers are dissatisfied with suning.com and Hongxing Erke unilaterally forcing the cancellation of orders, requiring their compliance to complete the order.

Suning.com Hongxing Erke flagship store announcement

Consumer orders cancelled page

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In response to this incident, Qiu Baochang, an expert committee of the China Consumer Association, pointed out that the forty-ninth law of the electronic commerce law stipulates that the goods or service information issued by the electronic commerce operator meets the conditions of the offer, and the user chooses the goods or services and submits the order to become successful, and the contract is established. If the parties have agreed otherwise, the agreement shall be made. " "An electronic business operator shall not agree that the contract shall not be established after the consumer pays the price in terms of standard terms, etc., and the contents of such contents shall be invalid if the format terms are included." He believes that the suning.com Hongxing Erke flagship store unilaterally cancels the consumer orders that have already paid for the goods. It is the "cut down" behavior regulated by the e-commerce law, which infringes the consumers' legitimate rights and interests.

In addition, Qiu Baochang pointed out that according to the provisions of the thirty-sixth section of the electronic commerce act, "e-commerce platform operators should promptly publicized in accordance with the platform service agreement and trading rules for the implementation of warning, suspension or termination of services in violation of laws and regulations by the operators within the platform." The thirty-eighth provision of the electronic commerce law stipulates that "the operator of an e-commerce platform knows or should know that the goods sold by the operator or the services provided by the operators on the platform are not in conformity with the requirements for the protection of personal or property safety, or other acts that infringe upon the legitimate rights and interests of consumers, and do not take necessary measures, and shall be jointly and severally liable for the business operators in accordance with the law." As an e-commerce platform, suning.com should shoulder corresponding responsibilities, including stopping infringement, strictly regulating honghongerke according to platform rules, and publicize it to the public.

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Deng Zhisong, a lawyer of the China Consumer Association, believes that the eighth provision of the anti unfair competition law stipulates that "operators should not make false or misleading commercial propaganda on their products' performance, function, quality, sales status, user evaluation, honor and so on, deceive or mislead consumers." The twenty-eighth provision of the advertising law stipulates that "false or misleading advertisements are used to deceive and mislead consumers, thus forming false advertisements. Advertising is a false advertisement in one of the following situations: (two) information on the commodity's performance, function, origin, purpose, quality, specification, composition, price, producer, expiration date, sales status, honor and so on, or information about the content, provider, form, quality, price, sales status, honor, and promise related to goods or services, which is inconsistent with the actual situation, and has a substantive impact on the purchase behavior; "violating the above legal provisions, shall bear legal liability according to law." Suning.com Hongxing Erke flagship store "cut down" behavior is suspected of violating the relevant laws and regulations.

In this regard, the Chinese Consumers Association considers that:

One

Suning.com Hongxing Erke flagship store unilaterally forced the cancellation of consumer orders on the grounds of "abnormal price due to system reasons", violating the principle of good faith, suspected of violating the relevant provisions of the electronic commerce act, disrupting the normal credit environment of e-commerce shopping, and damaging the legitimate rights and interests of consumers.

Two

Suning.com Hongxing Erke flagship store shall abide by the provisions of the consumer protection law, the contract law and the electronic commerce act, which protect consumers' legitimate rights and interests, and fulfill their contractual obligations in accordance with the law. Those who fail to fulfill their contractual obligations shall be liable for breach of contract in accordance with the law.

Three

As an e-commerce platform, suning.com should assume corresponding management responsibilities and actively urge the operators in the platform to fulfill their contractual obligations in accordance with the law, effectively stop the infringement, properly handle consumer disputes, and deal with the related behaviors of Hongxing Erke flagship store and publicized to the public according to the platform service agreement and trading rules.

Four

China Consumers Association hopes that e-commerce enterprises will strengthen credit building, set up the concept of consumer priority, conscientiously implement various legal provisions such as consumer law, contract law, e-commerce law, advertising law, anti unfair competition law, and consciously protect consumers' legitimate rights and interests.

Five

China Consumers Association encourages consumers to exercise their supervisory rights voluntarily, and actively report complaints to the relevant departments on the illegal activities of operators, and safeguard their legitimate rights and interests according to law.