Online Shopping Complaints Show An Upward Trend In &Nbsp; Three, How To Protect Consumers' Rights?

China Quality Wanli Promotion Association 2010 14 revealed consumption Quality complaints analysis shows that, on the whole, consumer complaints mainly focus on cars, online shopping, mobile phones, consumer cards, product repair services, etc., and the number of complaints increased by 9.08%, 8.12%, 6.92% and 2.72% respectively. Online shopping, mobile phones and consumer cards Complaint The growth rate is in the top three and is on the rise.

It is worth noting that the emerging industry such as online shopping has become a hot topic of complaint. Group buying has become the current consumer pursuit of modern times. Trend The true portrayal of fashion life, powerful group buying market, some illegal businesses take the opportunity to make a profit. The complaints office will accept the rise of such complaints, and can see from the case that many problems reflected in the group purchase, if not standardized as soon as possible, will surely bring more losses to consumers.

In 2010, it was called "the first year of group buying" in China. The professional group buying website developed from thousands to thousands, and staged hundreds of group wars and thousands of group wars. The number of netizens participating in group buying reached 230 million, surpassing the United States to become the number one in the world. Because of the small group investment and low access threshold, a large number of websites have been mixed up. There are many problems such as group buying trap, after sale can not be guaranteed, and lack of industry standard. Many commercial disputes have been triggered. The reporter has posted on 3. 15 consumer electronic complaint network and China business credit platform (BCP). At this year's 3. 15 party, it has also become a hot topic of complaint.

According to the statistics of China's business credit platform, more than 3000 websites were purchased in China last year. So many group buying nets are bound to cause competition among the same businesses. And the competition is white hot, which brings many problems.

Last July, the 1288 group buying network incident broke out. The group purchase website, which only opened for two months, was purchased by a businessman in a group purchase. After the payment was made, it failed to deliver the goods and later delayed the refund. It was finally investigated by the police and became the first cheater group buying website in China.

At the beginning of the establishment of glutinous rice net, we promise to undertake all losses of consumers. The golden signboard turned into a cup of bitterness. Last June, the glutinous rice net launched a 43 yuan group buying video game city exchange coupon, and 13 thousand and 300 people participated in group buying. But because the game city closed, glutinous rice net was forced to pay compensation nearly 570 thousand yuan.

In December last year, the company recalled its sales of top / monitor class ear headphones EX90 and Wacoal's 123 bra highly imitated products. Besides the telephone apology, the website also quickly returned all customers' group buying money. This is the first public recall case of group buying industry. In fact, the opening of some group buying websites, the launches of clothing, and other daily products, are actually genuine imitation products, even "underground factories" products.

The difficulty of refund is also a major hidden danger in the group buying industry. As a result of the difficulty of refund, consumer complaints have increased sharply. Some lawless elements will take advantage of it and implement fraud under the guise of group buying and prepayment, which will do great harm to group buying industry and society.

With the development of e-commerce, consumers' rights protection on online shopping should arouse the attention of relevant departments. What is the current process of rule of law in our country? Is there any relevant laws to protect the rights and interests of online consumers? How can they claim relevant problems such as buying fake products and inferior products? How are they prepaid, how to protect their rights? How do online shopping develop more mature countries to solve this problem? Let's listen to what legal experts say.

Interview:

Reporter: with the increasing number of complaints about online group buying, online group buying has become a new hot spot for consumer complaints. China's online group buying industry is rather chaotic. What are the main problems?

Lawyer: the registration management of group purchase website is relatively weak, the market entry threshold is low, and the website management qualification is mixed.

Group buying websites are not standardized. In order to increase the quantity of group buying products, some group buying websites blindly pursue the cooperation with merchants, but do not attach importance to the qualification examination of businesses, and do not seriously check the real information of businesses and their goods or services, resulting in the sale of fake and inferior commodities, goods or services inconsistent with the agreement, additional consumption, overdue delivery of goods or replacement of difficulties. In order to attract consumers, some group buying websites even adopt deceptive tricks such as virtual plateau prices and the number of participants; many service businesses and group buying websites only blindly pursue quantity and quantity, regardless of their own reception capacity, service quality and consumer experience, resulting in difficulties in booking difficulties, poor service quality, and other damage to consumers' legitimate rights and interests. There are some criminals who, in the name of online group buying, use super low price merchandise as bait to defraud the vast majority of consumers' money and then abscond.

Reporter: from the perspective of current legislation, is there any specific law for the operation of online group buying? How do consumers protect their rights after being infringed?

Lawyer: there are no specific legal provisions. For some illegal group buying websites and businesses that deliberately consume goods or services at low prices, refuse to provide agreed commodities or services after receiving payment, refuse to return money or absconded with money, their behavior is suspected of embezzlement or fraud for the purpose of illegally occupying other people's property. Invoking the provisions of the criminal law, such as contract fraud and embezzlement, and so on, the corresponding criminal liability of the responsible person is investigated. For group buying websites and businesses that constitute counterfeiting and selling fake and inferior commodities, the criminal liability of the relevant articles of the criminal law, such as the manufacture and sale of fake and shoddy products, can be applied.

For civil disputes arising from online group buying, the relevant provisions of the contract law and the law on the protection of consumers' rights and interests can be applied.

One of the questions that must be cleared is: what is the legal relationship between the three group buying websites, businesses and consumers? Because the nature of the legal relationship between the three parties determines their respective legal status, their respective rights, obligations and responsibilities. When consumers find products quality problems or after-sales service problems after they buy group purchase products, or when they are in dispute over the quality of service after receiving the service, they should confirm the responsibility sharing according to the specific legal status of group buying websites in the process of group buying.

If the group buying website is the representative of the many consumers and businessmen who discuss the purchase matters, and finally sign the purchase contract with the merchants, the service provided by the group buying website is intermediary service, only for the seller and the buyer to transmit information and intermediation match. When disputes occur between consumers and businesses, there is no relationship with group buying websites. Group buying websites do not need to assume responsibility for breach of contract. Of course, if there is a mistake in the intermediary behavior of group buying website, such as failing to fulfill reasonable duty of care when it releases the group purchase news, failing to review the business, or conspiring to deceive consumers with the business, and causing losses to consumers, it must bear joint and several liability with the merchant.

If the group purchase website invites consumers to commission their behalf to purchase goods in the form of online commercial advertising, that is, the signing agreement between the group buying website and the consumers, clearly stipulate the name, type, specification, quantity, price, etc. of the purchase commodity, and then purchase it to the merchant in the name of the group purchase website, and then deliver it to the consumer, and receive a certain remuneration from the consumer, then the entrust agreement signed by the group purchase website and the consumer is a compensatory contract of entrustment. If the consumers' losses are caused by the fault of the group buying website, consumers can ask the group buying website to compensate for the loss.

If the group buying website buys a business product at a low price and sells it to consumers through group buying, that is, there is a contract of sale between the website and consumers. As a seller, the group buying website should be responsible for the sale of its goods. If the website fails to supply, oversupply and unqualified supply, consumers have the right to ask the group buying website to bear responsibility for breach of contract. The group purchase website should be compensated for the loss of personal or property caused by the defects of the commodity quality.

As consumers, if we want to protect their legitimate rights and interests in group buying, we should have some understanding of the potential risks of online group buying, and pay attention to the following points: first, we should give priority to selecting group buying websites with good reputation through business registration and credit certification. Secondly, carefully read the rules of website publicity, make sure that the product is marked with "non returnable" and "effective period" and other related signs. When agreement is reached with group buying website, the legal relationship between both parties should be clear, who should be responsible for the payment of the goods or services when it is clear, and the court of jurisdiction should agree that the dispute should not be negotiated. Finally, in the case of quality or service disputes, because of the relatively high cost of safeguarding rights in small transactions, many consumers do not want to invest time, energy and money to initiate proceedings. They can advocate rights to group buying websites or businesses through collective rights protection, so as to solve problems in a more conducive way to consumers.

Reporter: so, is there any experience of Internet group buying abroad? How should our country legislate to safeguard the rights and interests of consumers?

Lawyer: Although the United States has no specific access requirements for group buying websites, it is necessary to provide detailed identification, address, office address, service type and other information when registering a website. Group buying website attaches importance to after-sale service and provides comprehensive service guarantee. If consumers are not satisfied with their consumption, they can guarantee refund by group buying website. Consumers who have not received the goods after payment may complain to the Internet fraud complaints center set up by the relevant departments of the US government. After receiving complaints, the center will conduct a credit rating by the three party analysis institutions such as S & P, Moodie and Fitch. Once the fraud is committed, the website may face a huge fine of up to US $100 million.

With regard to legislative proposals, I think, first of all, we should formulate feasible laws and regulations to regulate the group buying behavior of online group buying groups according to the characteristics of network group buying and the disputes easily aroused. Secondly, in view of the introduction of the credit certification mechanism, it will play a positive role in regulating the group buying market. It is urgent to entrusts the authentication mechanism by law to force the effect: clearly, the establishment of the group buying website must be subject to credit certification; it is clear that the third party supervision bodies have the right to patrol the certification website regularly, adjust the credit level in time according to the results, have the right to accept the complaints of consumers, adjust the credit level according to the result of complaint handling, accept consumer complaints and assist in solving them. Finally, we should severely punish the illegal business activities of online group buying, increase the cost of illegal activities and strictly supervise the operation of group buying websites.