Double 11 online shopping frenzy, "not paid but delivered first" is unreasonable.

Compiled from: Shandong High Court, Shangfa Kunshan, Suzhou Legal Education
 
"Same-day delivery" and "next-day delivery" – the logistics speed of Double 11 never disappoints. However, the topic of "delivery before payment" has recently trended on social media. The goods arrive before payment is completed – is it a mistake in the rush or a "marketing strategy"?

 

Case review
On November 2, a Ms. Shen from Shanghai reported that she had ordered Proya skincare products from Li Jiaqi's livestream, paid the deposit but not the final payment, yet the courier attempted delivery on the morning of November 1. "I suspect this was done to boost sales. I could have canceled the order, but now the goods arrived first, making returns more troublesome." According to her, the delivery courier explicitly stated that multiple packages had similar issues.
 
After the incident, Ms. Shen tried to contact Li Jiaqi's livestream customer service and Proya's official flagship store customer service to understand the reason, but received no reasonable explanation. On the afternoon of the 2nd, a reporter called Proya's public phone number, and the relevant personnel said they were unaware of the situation, suggesting communication via email for verification.
 
Ms. Shen's experience is not an isolated case. Media outlets have found that multiple consumers posted on social media platforms saying that during the Double 11 shopping event, they had already received packages after only paying the deposit, and even "six orders were shipped before the balance was paid," involving brands such as Proya, CHANDO, Fila, Lancôme, and Dove under Unilever.
 
The official customer service of Unilever's Tmall flagship store stated that some orders during the "Double 11" event would undergo "express delivery sinking," meaning that after paying the deposit, the goods would be shipped to the delivery point or the consumer's home first, and which orders would be sunk is random. Regarding whether the "delivery before payment" violates consumer wishes or prevents returns, the customer service replied: You can simply refuse the delivery, and we also have shipping insurance.
 
So, is this "delivery before payment" behavior illegal or non-compliant? How can consumers protect their rights if their interests are harmed as a result?
 
 
The E-Commerce Law of the People's Republic of China
Article 20 
E-commerce operators shall deliver goods or services to consumers in the manner and within the time limit promised or agreed upon with consumers, and shall bear the risks and responsibilities during the transportation of goods, unless the consumer chooses a different express logistics service provider.
 
 
[1] "Law of the People's Republic of China on the Protection of Consumer Rights and Interests"
Article 11 
Consumers who suffer personal injury or property damage from purchasing, using goods or receiving services have the right to obtain compensation in accordance with the law.
 
Article 16 
Business operators providing goods or services to consumers shall fulfill their obligations in accordance with this Law and other relevant laws and regulations. If there is an agreement between the business operator and the consumer, the obligations shall be fulfilled in accordance with the agreement, but the agreement between the parties shall not violate the provisions of laws and regulations. Business operators providing goods or services to consumers shall abide by social ethics, operate with integrity, and protect the legitimate rights and interests of consumers; they shall not set unfair or unreasonable transaction conditions, nor force transactions.
 
 
[1] The author's perspective
[1] When consumers purchase goods through the internet or other information networks, the act of concluding or performing a contract using an automated information system has legal effect on the party using that system. If an e-commerce operator delivers goods in a manner or within a time limit that violates the contract, it constitutes a breach of contract and infringes upon the legitimate rights and interests of consumers.   
 
[2] Regarding the merchant's "delivery before payment" practice, consumers may first choose to refuse the goods. If, after receiving the goods, losses such as shipping costs occur due to returns or exchanges, consumers can claim compensation from the seller. If negotiations with the seller over losses like shipping costs fail, consumers may request the e-commerce platform operator to intervene and coordinate, or may request the platform operator to use the consumer rights guarantee fund for advance compensation.