Website Arbitrary Cancellation Of The Order Was Questioned.
"Overlord" website continues to occur at random to cancel user order events, in the face of consumer enquiries.
website
In spite of all the buck passing, the reluctance to assume responsibility on the grounds of website agreement has aroused strong dissatisfaction among consumers.
The lawyer said that because of the difficulty in proving the network pactions and the high cost of safeguarding rights, consumers often are at a disadvantage.
Consumers should first negotiate with businessmen to solve problems; if businesses do not cooperate, consumers have the right to report complaints to the administrative departments for Industry and commerce, and they can also bring lawsuits to courts with jurisdiction.
Recently, the reporter has learned that some e-commerce websites have repeatedly cancelled the events of user orders, and some shopping websites or businesses have been evasive, and unwilling to assume responsibility on the grounds of website agreement, causing strong dissatisfaction among consumers.
cancel Order Not punished
On the evening of July 28th, Miss Ho, a collector, went to the collection hotline in China. She saw a comic book of a dream of Red Mansions priced at 6 yuan in the "comic book exchange house" shop.
Miss Ho's comic book lacked only this one, so she ordered it immediately.
On the second night, she found that the order had been confirmed, but when it was ready to pay, it was found that the order was cancelled by the seller. At that time, it was less than 24 hours.
Seller explained that the price of the book is actually 60 yuan, in order to save the upload fee only 6 yuan.
Miss ho complained to the webmaster.
According to the website records, the administrator immediately sent a letter to remind the seller after receiving the complaint: according to the relevant rules of the website, the price displayed is the only legal price. After the customer chooses to buy the goods, the owner must sell the price to the customer unconditionally. Except for the reasonable postage fee, the owner must not pay another high price in the order negotiation.
However, the seller insisted that the book had been sold, unable to continue the paction, and was very sarcastic about Miss ho.
Later, although the seller was willing to pay 18 yuan to miss Ho, she was refused.
Miss ho asked the website to punish the seller, but 3 days later, the administrator still did not deal with the complaint, and the illegal businesses were not punished.
Miss ho told reporters that, first of all, the merchant did not sell the goods at the price of the commodity, and started the price on the spot. Secondly, the order was not reached when the order expired (within 3 days), and no consultation with the buyer was made.
A website as a manager is obliged to punish it.
Reporters then called the website's customer service phone, the other said it needed to know, suggested that users make a complaint in the form of network letters.
Dangdang
Cancel 1 yuan shoe order
In July 28th, Dangdang appeared online 1 yuan genuine ADI.
Gym shoes
Many consumers were ordered to cancel their orders after payment was successfully released.
Dangdang's solution is not recognized by consumers. Customers form a "1 yuan single" rights protection group and collectively seek reasonable solutions to Dangdang.
Ms. Liu described the shopping experience at the Forum: seeing the sale of blue Adidas Trifolium casual shoes online, the original price is 680 yuan, and the current price is only 1 yuan. At that time, the website was promoted, so it bought 16 pairs at a time, plus 20 yuan for shipping, and paid 36 yuan through Alipay.
After the order is successful, the web page shows that it is being allocated.
I didn't expect to see the Internet on the second day. The order has been cancelled.
On the same day, Ms. Liu received a text message from Dangdang: "the merchandise you purchased is sold by Dangdang cooperation business shoes store, sports and leisure exclusive shop, and the merchant replied that there was no such item, because the system error resulted in the cancellation of the order for you."
Many customers received goods in the next few days, some were slippers and two pairs of socks.
Buyers refused this.
Dangdang explained that 1 yuan shoes were systematic errors, and the compensation scheme was 200 yuan coupons per person.
Buyers said they could not accept that they would continue to safeguard their rights.
Lawyers say:
Businesses can be required to continue to fulfill their original orders.
Li Xiaoning, deputy director of Guangdong Sheng Lun law firm, said that the order generated by online shopping is also a contract. The price mark is the negligence of the businessman, and the mistake is not in the consumer, so the consumer can ask the merchant to continue to fulfill the original order.
However, if the price difference is too wide, according to the contract law, "true consistency is the conditions for the formation of the contract" and other clauses, the contract established by a major misunderstanding is a revocable contract, and the seller can also apply for cancelling the contract.
But major misunderstandings are often hard to define.
But she believes that some contracts can not be revoked by merchants.
At present, many websites are tempting to sell low price signboards, such as one dollar snap up, time limit buying, and so on. Consumers are hard to distinguish between true and false, and a lot of conditions are set, so it is very difficult for consumers to protect their rights.
She believes that the biggest problem facing consumers' rights protection is obtaining evidence, because shopping web pages can be modified or deleted at any time. Consumers can only quote evidence by crawling web pages or other consumers, but these evidence effects are often not enough. Strictly speaking, consumers should also go to notarization, and consumers pay too much cost, often losing more than they can lose.
Some businesses often refuse to compensate or compensate consumers on the grounds of website agreement, but these "overlord" clauses are not necessarily effective.
For example, Dangdang paction stipulates that Dangdang has the right to unilaterally withdraw when products and orders are clearly erroneous or out of stock found on its website.
According to the relevant laws and regulations, network commodity operators and network service operators shall not make unfair or unreasonable provisions to consumers in terms of electronic form contract terms, or reduce or exempt operators from their obligations or responsibilities, or exclude or restrict the rights of consumers.
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