You Can'T Rely On One Sentence To Buy It! Net Red Belt Goods Must First Experience, If The Amount Of Sale Is Large, It Must Bear Criminal Responsibility.

Watching the "chopping hand" on the live side has become a new way of online shopping for many young people. Data show that the current Taobao live platform has been over 100 billion yuan per year, and the growth rate has been growing rapidly year by year, creating a new 100 billion scale incremental market. Net red anchor in the live broadcast of the magic cry, "everyone, buy it!" It became the new standard of e-commerce marketing in 2019.

However, with the rise of this new model, disputes and related legal issues have also gradually increased. Those red net anchors with goods are advertising spokesmen or producers, what is the original price in their mouth, and how to give evidence when there is a dispute. In response, the reporter interviewed the people's court judge of Haidian District, Beijing, asking them to interpret them one by one.

　　 The Red Belt should be first recommended.

"Net red carry goods, mostly businesses pay fees to the net red anchor, so that anchors in their own name or image, through their influence to recommend goods and services to consumers." Judge of the court of Haidian said that in this case, the essence of net red goods is a commercial advertising activity, in which the live broadcast of the net red anchor is consistent with the definition of "Advertising Spokesperson" in our advertisement law.

However, the judge also pointed out that some of the network anchor owners were not satisfied with selling products for others, and began to create their own brands and sell their own products. At this point, they became a producer. Some Internet red anchors searched everywhere, hoarded super low priced goods, and sold only goods in their stores, and at that time they belonged to sellers. From the legal point of view, the duties and responsibilities of advertising spokesmen and producers and sellers are different.

If the advertisement belongs to the human anchors, the judge reminded that, according to the advertisement law, the Advertising Spokesperson shall not act as an advertisement for medical, pharmaceutical, medical devices and health food products; he shall not recommend or prove the unused commodities or unused services; the juveniles who are under the age of 10 should not be used as advertising spokesmen; they should make recommendations and certificates in false advertisements. A natural person, legal person or other organization that has been subjected to administrative punishment for less than 3 years shall not be used as an advertising spokesperson. In addition, advertising agent spokesperson advertising should be regulated by the market supervision department. False advertising agents should be subject to administrative penalties. If the false advertisement is caused to consumers, the corresponding compensation liability shall be borne.

The judge reminded that in addition to the provisions of the advertising law for advertising endorsers, the judges should abide by the relevant provisions of the laws of the consumer rights and interests, the product quality law, and the food safety law, etc., concerning the producers and sellers, mainly the obligation of safety protection and the duty of disclosure. This means that these types of carrier anchors will have to bear more civil liability and administrative penalties imposed by the market supervision authorities once the goods are overturned.

　 With goods and rivers, the amount of selling is heavy.

Net red belt goods are flexible and popular among consumers, and the anchors' words are also very incitement, and live merchandise discounts frequently call "the lowest in the whole network". However, it is not the benefits of consumers that occupy the market. In November 2019, "Li Jiaqi was accused of false propaganda" boarded the micro-blog hot search list. The reason is that the Yangcheng Lake hairy crabs recommended by Li Jiaqi's live broadcast during the double eleven period were not produced by Yangcheng Lake. In fact, it is not a case of a "live car overturn" event like this. The amount of live broadcast has been repeatedly exposed to fraudulent practices. There are no after-sales services available for the sale of low-priced goods, and some even go to jail for production and marketing of counterfeit drugs.

Previously, the well-known net red model Liu relies on "net red effect" huge, bought the agitator, the pulverizer and other equipment, using Bai Yan Jing, chloromycetin as raw material, make and sell acne whitening omnipotence paste, the amount involved is nearly 300 thousand yuan. After the purchase of many fans, the face showed varying degrees of damage. After receiving relevant consumers' reports, the police arrested Liu.

The judge reminded us that according to the 140th provision of the criminal law of China, producers and sellers are guilty of adulteration, adulteration, adulteration, adulteration, or disguised as qualified products with unqualified products. The amount of sales amounts to more than 50 thousand yuan constitutes the crime of producing and selling fake and inferior products. Whoever produces or sells fake or inferior products may be sentenced to life imprisonment. In product liability, criminal penalties do not exempt civil compensation, consumers can still ask sellers or producers to refund the goods and compensate them.

Based on this, the court held that Liu had disqualified the counterfeit product as a qualified product. His behavior violated the criminal law, constituted the crime of producing and selling fake and inferior products, and sentenced Liu to 1 years and 8 months' imprisonment, suspended for 3 years, and fined 150 thousand yuan. After the court concluded the above criminal cases, the victim filed a civil lawsuit against the court, asking Liu to refund the loan and give him 10 times the compensation. After the court hearing, Liu was found guilty of criminal punishment for the production and sale of fake and inferior products, which did not constitute a justification for his exemption from the Civil Punitive Damages to consumers. Accordingly, the judgment supported 10 times the claim of compensation for consumers.

The judge reminded that the anchorperson should strictly examine the source of goods, production permit, safety mark, no production, no sale, no agent three products, the agent's personal use, avoid false propaganda. Strictly prohibit the sale of fictitious sales and avoid unfair competition; prudently evaluate other similar products and avoid infringing upon the reputation rights of other manufacturers; they should also abide by the relevant provisions of the General Administration of radio and television on standardizing webcast, and eliminate vulgar direct seeding.

　　 Fictitious original price constitutes fraud three times compensation.

The popularity of net red belt depends on the low price and the personal charm of the anchor. However, it is also a serious area of price fraud. It is understood that the anchors of live selling sellers often emphasize the price difference between the original price and the discount price. The original price of the anchors generally refers to the original factory retail price when the products are listed, and according to the "Prohibition of price fraud" and "notice on the interpretation of the relevant provisions of the regulations on the prohibition of price fraud", the original price shall refer to the operator. The first 7 days of this promotional event were concluded in the trading place, with the lowest transaction price of trading notes; if there is no transaction within the first 7 days, the last transaction price before the promotion is the original price.

According to the judge, "fictitious original price" means that the original price marked by the operator in the promotional activities is false and fabricated, and there is no or no transaction record. In promotional activities, the original price shows not only the discount itself, but also the information of the discount rate. The false labeling of the original price is enough to give consumers a wrong understanding of the discount rate and purchase intention.

On the issue of compensation for price fraud, the judge said that according to the law of consumer protection, if the operator provided goods or services fraudulent, he should increase the compensation for the loss according to the requirements of consumers. The amount of compensation increased by 3 times the price of goods purchased by consumers or the cost of receiving services. The increase in compensation amounts to less than 500 yuan, which is 500 yuan. 。

　　 Open box inspection, preferably shooting video evidence.

As regards the after-sale problem of consumer care, the judge reminded that buying products that are not popular in the direct seeding room can apply for "7 days without reason to return". When products are shoddy and fake, they can be resolved through identification. In the process of safeguarding rights, the most important thing is to learn to retain evidence.

Earlier, Xiao Wang bought a jade pendant worth 20 thousand yuan in an online shop of a jewelry company through an electronic business studio. After receiving the goods, Xiao Wang said there was a crack in the pendant and returned it, but the jewellery company replied that there was no crack in the delivery and refused to return the goods. To this end, Xiao Wang took the jewelry company to court. After hearing, the court held that, in accordance with the contract law, the buyer should inspect the goods subject to the agreed inspection period, and the inspection period should be inspected in time. In view of Xiao Wang's purchase of jade articles, he should immediately open the box to check the goods when he signs the goods, and confirm whether the goods are damaged. As a result, Xiao Wang failed to inspect the goods in time, so he could not confirm the time of the crack formation. Therefore, Xiao Wang's claim for refund of the refund was not supported by the law, and the court did not support it.

"Consumers can reduce their losses by adopting precautions in advance, choosing carefully in buying, and actively protecting rights after encountering damage." The judge said that when watching the live shopping, consumers should fix relevant evidence in time, such as screenshots and screenshots, keeping the promise of the owners, including the quality of goods and the discount of commodity prices. Before placing the order, you should read the details page of the product carefully, and ask the owner or customer service enquiry about the unclear place. Timely inspection of goods after receiving goods, valuables are best seen in the face of the inspected by the courier, and the sealing process can be retained by video. If goods are found to have quality problems, they should consult with the merchants in time, and apply for the platform to intervene. If they do not agree with the merchants and the anchors with the goods, they should choose appropriate laws and regulations according to the specific circumstances of consumers, and report complaints to the administrative departments in charge of the market.

Net red belt goods, as a popular commercial advertising activity, should create a good business environment and encourage its healthy development. "But the most important thing is to bring the net red with goods, not just by saying" buy it "! Net red people who are engaged in live broadcasting should take the initiative to guard against legal risks. Only by winning more trust from the public can they avoid a flash in the pan. The judge stressed.