"a short 20 minutes is longer than a lifetime!" a small electrical appliance store was robbed of 70 million overnight? lawyer's interpretation
2024-09-06
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september 2
"little swan was fleeced by the wool party
70 million was taken away overnight"
listed on weibo hot search list
aroused heated discussion among netizens
small shop posted wrong price and was "fleeced"
recently, many netizens posted on social media that they bought washing machines at super low prices due to a price setting error at the "little swan dongshan store". many people even placed four or five orders at the same price in hopes of reselling the products. these "wool orders" almost drove this small county store, which has been open for nearly ten years, to the brink of bankruptcy.
according to an announcement from the "little swan dongshan store", in the early morning of august 28, due to serious deviations in the understanding of the platform activity rules by the newly opened store operators, all washing machine products in the store were incorrectly set and sold at prices far below the market price (40% to 50% off the cost).
the store said that they discovered the problem at 12:20 and removed the products from the shelves. in just 20 minutes, which seemed longer than a lifetime, they received nearly 40,000 orders (most of which were multiple orders for multiple units by one person, which was very professional), with an order amount of nearly 40 million yuan and goods worth more than 70 million yuan.
after the incident, the store has removed all product links and posted a video of an operator apologizing on the homepage. in the video, the operator said that 20 minutes had passed when the store discovered the abnormality, and the store has already paid out hundreds of thousands of yuan in deposits. she said, "i really can't pay it all even if i lose everything i have," and hoped that the buyer would agree to a refund.
on september 3, “little swan dongshan store” issued an announcement.
the announcement stated that the little swan brand has decided to provide the store with over one million yuan in special support to compensate consumers affected by the incident. for consumers who have already placed orders, compensation will be in the form of a 10 yuan cash red envelope + a 100 yuan no-threshold coupon, hoping that this move can alleviate consumer dissatisfaction and losses to a certain extent.
the online store sincerely thanks every customer who has taken the initiative to refund for their understanding and tolerance, and promises: "we will not close the store." if you have any needs, you can directly contact its customer service team.
lawyer: malicious "fleecing" is suspected of being illegal
can merchants who "mark the wrong price" directly cancel orders? in this regard, pang lipeng, a lawyer at beijing dingshi law firm, said that if the merchant did mark the wrong price due to a misunderstanding of the platform rules, resulting in a large number of orders from consumers, from a legal perspective, it is a civil legal act implemented due to a major misunderstanding. according to article 147 of the civil code of the people's republic of china: "for civil legal acts based on major misunderstandings, the actor has the right to request the people's court or arbitration institution to revoke the contract."
in addition, pang lipeng also stated that according to article 19 of the "interpretation of the supreme people's court on several issues concerning the application of the general provisions", if the actor has a wrong understanding of the nature of the act, the other party or the variety, quality, specification, price, quantity, etc. of the subject matter, and it is generally understood that if the wrong understanding does not occur, the actor will not make a corresponding expression of intention, the people's court can determine that it is a major misunderstanding as stipulated in article 147 of the civil code. the merchant can exercise the right of revocation in accordance with the aforementioned legal provisions, that is, it can directly cancel the order on the grounds of major misunderstanding and return the money to the consumer. after the contract is revoked, the property obtained by the merchant due to the act shall be returned. the party at fault shall compensate the other party for the losses suffered thereby; if all parties are at fault, they shall each bear the corresponding responsibilities.
pang lipeng said that after a business and a consumer establish an information network sales contract, the business can file a claim with the people's court or arbitration institution to cancel the contract based on a major misunderstanding of the published commodity prices. the malicious "wool grabbing" behavior of some consumers, that is, taking advantage of preferential activities or loopholes to obtain improper benefits, is usually regarded as unjust enrichment. malicious "wool grabbing" with serious circumstances or huge amounts is suspected of illegal crimes.
pang lipeng suggested that merchants should do a good job of explaining and communicating with consumers, and the store platform should also assist merchants and consumers in negotiating refunds after verification. from the perspective of maintaining the store's image, merchants can issue a public announcement and apologize in advance, and can persuade consumers to cancel their orders by giving away purchase coupons.
reprinted from: china national radio
source: xiaoqiang hotline
