Why can the balance only be paid at 1 AM? A rundown of "Double 11" tricks!
Early this morning, my social media feed was flooded with this image ↓↓↓
Yes, last night we welcomed Alibaba's annual "Math Olympiad," no, it's "Singles' Day."
This year's Singles' Day lived up to expectations once again, setting a new record!It took only 1 hour, 3 minutes, and 59 seconds for Tmall's transaction volume to exceed 100 billion yuan.Last year, it took 1 hour, 47 minutes, and 26 seconds to surpass 100 billion yuan; this year's recordis 43 minutes earlier than last year! As of 14:21, Tmall's Singles' Day transaction volume has exceeded 200 billion yuan!
But this year's Singles' Day has been heavily criticized by many netizens. "There are too many tricks in this year's Double 11, with deposits, building floors, and all kinds of shopping subsidies and red envelopes to calculate frantically—just to save a few bucks feels like taking an Olympiad math test." And "Why do we have to pay the balance at 1 AM? It's like they don't treat users as human!" I guess the items with deposits are set tohave the balance paid at 1 AM to make way for other products, achieving traffic diversion,after all, the server can only handle a limited number of users in a short time, and since the deposit is paid, why worry about you running away?
So, some netizens ask: Can't the deposit be refunded once paid? And many merchants take the chance to raise prices, selling even more expensive than usual? Some even mark on the product page "No returns or exchanges for any reason"? After finally snagging an item, the merchant says it's out of stock and asks me to apply for a refund?
Are we helpless in these situations?Lawyers from Guangdong Zhiming Law Firm offer you advice!
What to do if you find that items bought during "Double 11" are more expensive than usual?
During the Double 11 period, many merchants take advantage of this time to launch promotions, but some merchants also cut corners by using slogans like"Lowest price of the year," "Double 11 rock-bottom price," "Lowest price across the entire network,"and other promotional catchphrases. In reality, they raise the prices of goods first and then offer low discounts to attract consumers, making the actual selling price higher than the usual price.
This behavior actually constitutes price fraud.[1] This is a false price reduction prohibited by laws and regulations. In such cases, consumers can claim triple compensation for the cost of the purchased goods or services, and if the compensation is less than 500 yuan, it shall be 500 yuan.
Lawyer from Guangdong Zhiming Law Firm stated:[2] When encountering such situations, pay attention to the following issues:
[3] (1) Consumers should keep relevant evidence when purchasing goods, take screenshots of the seller's misleading promotional slogans, and also retain screenshots of the seller's daily sales prices;
[4] (2) If consumers encounter price fraud, they can first negotiate with the seller for a price difference refund or return. If negotiation fails, they can apply for intervention by a third-party shopping platform or file a complaint with the third-party platform;
[5] (3) If negotiation fails, they can call 12358 to report to the price authority. If litigation occurs, the penalty decision from the report can serve as strong evidence to determine the seller's price fraud.
Legal basis:
[6] Article 3 of the "Provisions on Prohibiting Price Fraud" stipulates thatPrice fraudrefers to an operator using false or misleading pricing forms or price methods to deceive or induce consumers or other operators into transactions with them.
Article 6 of the "Provisions on Prohibiting Price Fraud" stipulates that the pricing behaviors of business operators in purchasing, selling goods, and providing paid services shall...Any of the following circumstances constitutes price fraud:(1) The name, origin, specification, grade, texture, pricing unit, price, or other details of goods, or the items and fee standards of services, as indicated on price tags, price lists, etc., do not match the actual content, and this is used as a means to deceive consumers or other buyers into making purchases; (2) For the same goods or services, two different price tags or price lists are used simultaneously at the same trading venue, using low prices to attract customers but settling at high prices; (3) Using deceptive or misleading language, text, images, units of measurement, etc., in pricing to induce others into transactions; (4) Price indications such as market lowest price, factory price, wholesale price, special price, or premium price are made without basis or without comparability; (5) The discount rate for discounted goods or services offered in a sale does not match the actual discount; (6) When selling discounted goods, the fact that they are discounted and their discounted price are not indicated; (7) When selling goods or providing services with off-price gifts, the name, quantity, or quality of the gifts are not truthfully indicated, or the gifts are counterfeit or inferior; (8) When buying, selling goods, or providing services with additional price conditions, the conditions are not indicated or are ambiguously indicated; (9) Other deceptive price representations.
Article 7 of the "Provisions on Prohibiting Price Fraud" stipulates that when operators purchase, sell goods, or provide paid services,Engaging in any of the following pricing tactics constitutes price fraud:(1) Fabricating original prices, fabricating reasons for price reductions, offering false discounted prices, falsely claiming price reductions or impending price increases to induce others into making purchases; (2) Making price commitments before purchasing, selling goods, or providing services, but failing to fulfill or fully fulfill them; (3) Falsely claiming that purchase or sale prices are higher or lower than those of other operators to induce consumers or operators into transactions; (4) Using methods such as adulteration, passing off fake as genuine, shoddy as quality, or shortchanging quantities, resulting in discrepancies between quantity or quality and price; (5) Falsely claiming that goods and services subject to market-regulated prices are government-set or government-guided prices; (6) Other deceptive pricing practices.
Article 8 of the "Provisions on Prohibiting Price Fraud": Misleading pricing refers to any representation or statement made by an operator in business activities that is likely to cause the public to misunderstand the price of a commodity.
Article 55 of the "Law of the People's Republic of China on the Protection of Consumer Rights and Interests" stipulates that if an operator engages in fraudulent conduct in providing goods or services, they shall, at the consumer's request, increase compensation for the losses suffered, with the amount of increased compensation being three times the price of the goods purchased or the cost of the services received; if the increased compensation is less than 500 yuan, it shall be 500 yuan. Where other laws provide otherwise, those provisions shall apply.
If I no longer want the item, can the deposit really not be refunded?
If I no longer want the item bought on Double Eleven but have already paid a deposit, can the deposit still be refunded?In our daily lives, we often see "定金" (earnest money) and "订金" (deposit). What is the difference between the two? How are they legally defined?
Although "定金" and "订金" differ by only one character, the legal effects they produce are vastly different.
A deposit isa sum of money agreed upon by both parties as a guarantee for the performance of a debt, where one party pays a certain amount to the other in advance as security. The amount of the deposit can be determined by the parties themselves, but it shall not exceed 20% of the principal contract amount; any excess is invalid.The deposit has a guarantee nature; if the party paying the deposit fails to perform the agreed debt, it is not entitled to demand a refund of the deposit.If the party receiving the deposit fails to perform the agreed debt, it must return twice the amount of the deposit. 订金A down payment is a unilateral act without a guarantee nature. The law does not provide clear and specific regulations for down payments. Generally, a down payment is considered an advance payment. If either party fails to perform the contract debt, there is no consequence of losing or doubling the advance payment.
During the Double 11 pre-sale period, what we pay is a "deposit," meaning that if you no longer wish to purchase the item, you are not entitled to demand a refund from the merchant.
[1] If I really don't want it anymore, does the deposit just go down the drain?
Lawyer from Guangdong Zhiming Law Firm stated:[2] If a consumer really doesn't want a product and has paid a deposit, they can pay the remaining balance on Double 11 and then apply for a full refund, thus getting the deposit back.
Legal basis:[3] According to Article 115 of the Contract Law: The parties may, in accordance with the Guarantee Law of the People's Republic of China, agree that one party pays a deposit to the other as a guarantee for the debt. After the debtor performs the debt, the deposit shall be offset against the price or returned. If the party paying the deposit fails to perform the agreed debt, it is not entitled to demand the return of the deposit; if the party receiving the deposit fails to perform the agreed debt, it shall return double the deposit. [4] If a paid product is notified as out of stock, can compensation be claimed?
[5] I believe many shoppers have had this experience: after finally snagging a hard-to-get item,[6] paying for it, and eagerly waiting to receive their beloved purchase, they are informed after ten or fifteen days that it is "out of stock.", asking you to request a refund.
Is there no choice but to suffer in silence in this situation? Actually, no!
Lawyer from Guangdong Zhiming Law Firm stated:Generally speaking, the product and service information posted by merchants in online stores constitutes a contractual offer. If the buyer accepts the merchant's offer, placing an order by the consumer is considered acceptance, and once acceptance takes effect, an electronic contract is established between the two parties. Therefore, orders placed on platforms like Taobao and JD.com are legally referred to as contracts. When a contract is formed, if the consumer fulfills the obligation to pay for the goods, the corresponding merchant is obligated to deliver the goods. If the merchant unilaterally cancels the order or forces a refund, it constitutes a breach of contract, and the consumer can demand that the merchant fulfill the contract or bear liability for breach of contract compensation.
After a consumer pays but the merchant fails to deliver the goods, the consumer can not only demand a refund but also seek compensation from the merchant for the breach of contract.
Legal basis:According to Article 107 of the Contract Law: If a party fails to perform its contractual obligations, or performs them in a manner that does not conform to the agreement, it shall bear the liability for continued performance, take... Take remedial measures or compensate for losses and other liabilities for breach of contract.
Is it legal for merchants to mark "7-day no-reason return not supported"?
Friends who frequently shop online may encounter some merchants marking "7-day no-reason return not supported" on product detail pages or elsewhere, or rejecting return requests, or unreasonably refusing to accept returns after they are sent back.
Lawyer from Guangdong Zhiming Law Firm stated:除了Fresh food, custom-made items for consumers, or software and audio-visual products downloaded onlineetc., consumers have the right to apply for "7-day no-reason return".
If a merchant engages in the above behavior, consumers can first negotiate with the merchant, and if negotiation fails, they can apply for intervention by a third-party shopping platform.
During this process, consumers should be careful to retain the following evidence: shopping orders, chat records with the merchant, return shipping tracking numbers, etc.
If it is difficult to protect your rights on a third-party shopping platform, you can call the consumer association's complaint hotline; if necessary, file a lawsuit in court.
Legal basis: Article 25 of the Consumer Rights Protection Law stipulates that when operators sell goods through online, television, telephone, mail order, or other methods, consumers have the right to return goods within seven days of receipt without giving a reason, except forthe following goods:(1) Goods made to the consumer's specifications; (2) Fresh and perishable goods; (3) Digital goods such as audio-visual products or computer software that are downloaded online or opened by the consumer; (4) Newspapers and periodicals delivered. Except for the goods listed in the preceding paragraph, other goods that are not suitable for return without reason based on their nature and confirmed by the consumer at the time of purchase are not subject to no-reason returns.
