Would you like to return the wool that has won so much? The lawyer said: Unjust enrichment should be returned.

category:Internet click:154
 Would you like to return the wool that has won so much? The lawyer said: Unjust enrichment should be returned.


Yi Wangqi, Yi Qijiang and Liao Dan, editors

Like many wool party, Xiao A, a netizen, used Pingduo many bugs in the morning, snatched up Pingduo many wool and purchased goods with the 100 yuan no-threshold coupon he received. But after seeing the news of Pingduos alarm, when he was worried, Pingduo had unilaterally closed the order (physical order) and returned the paid amount. Pingduo also announced that the coupons normally received by platform consumers will not be affected.

And you used the coupon to recharge the phone fee and purchase the order of Q coin, how will you deal with the extra? Will Tencent freeze your Q-coin balance? After all, Tencent Holdings is the second largest shareholder.

Event Restoration: Wool Party uses bugs to charge for telephone calls

In the early morning of January 20, Pingduo was exposed as a huge loophole. Users can get 100 yuan without threshold vouchers. A large number of users go online early in the morning to scrape wool. Using threshold-free vouchers to recharge telephone charges and buy Q coins, it only takes 0.44 yuan to recharge 100 yuan of telephone charges.

Network screenshots show that some people have charged enough for more than ten years, and some people have sunburnt pictures showing that they have bought more than 900,000 Q coins. Internet Crazy: In the above-mentioned time, the wool party used bugs to snatch up more than 20 billion yuan.

What is the concept that more than $26 billion in market capitalization has been taken away by 20 billion RMB? In the first three quarters of 2018, the cumulative business income was only 7.5 billion yuan, and in the whole year of 2017, it was only 1.7 billion yuan. 20 billion yuan is more than 10 times the revenue in 2017. Some netizens are worried about whether they will fail overnight because of this bug because they have not been washed away by the fake whirlpool.

However, from the recent bulletin, it said that tens of millions of yuan of platform coupons were stolen.

Pingduo also announced that the coupons normally received by platform consumers will not be affected:

On the morning of January 20, black-and-grey gangs stole tens of millions of yuan of platform coupons through an expired coupon loophole to make improper profits. In response to this action, the platform has been the first time to repair the loopholes, and has reported to the public security organs, and will actively cooperate with the relevant departments to crack down on the black and grey production groups involved. At present, the platform is tracing the origin of the related orders, and will make final processing according to the police investigation results.

The coupons that platform consumers normally receive are not affected. Thank you for your understanding. Whether it is 20 billion yuan or tens of millions of yuan is not known to the public for the time being. According to Daily Economic News reporter observation, a shop shows that 430,000 units have been traded, worth 43 million yuan. Whether there is a real loophole in the wool, or whether it is a public relations marketing, you can see the stock price on Monday.

Wool Party counterattack: please do more to fulfill the contractual obligations

However, many netizens who participated in Grazing Wool did not agree with the idea of cracking down on the network black and grey production gangs and questioned the false marketing of Grazing Wool.

More netizens have expressed their claim for the refusal of delivery by closing the order unilaterally.

On the morning of January 20, 2019, through the recommendation of my friends, I received 100 yuan of Pingduo coupon online. The use limit is 100 yuan. I bought all kinds of goods. Then I contacted my customer service to inform myself that the coupon of this order is invalid, can not be used and can not be shipped. I submit the following opinions and claims:

1. This coupon is normally received by myself on the Internet, not illegally obtained by modifying data through network vulnerabilities;

2. We should remedy and hold the technical departments and illegal hackers responsible in time, instead of transferring losses to consumers.

3. The coupon itself can be used, and consumers can legally use it. The online purchase contract has come into effect.

4. Pingduo changed the rules of coupon use and refused to deliver goods without his consent, which violated the relevant provisions of the Contract Law of the Peoples Republic of China.

I request that all platforms should fulfill their obligations in accordance with the contract. If they fail to fulfill their obligations, they should be compensated in accordance with the relevant provisions of the Consumer Rights and Interests Protection Law of the Peoples Republic of China.

Wool Party has different opinions on right and wrong lawyers and police

Lawyer Xiao Hao, Director of the Law Research Society of the Bank of China: Ordinary users should return to the wool party for unjust profit, and they can claim more from the wool party.

1. As far as Meduo itself is concerned, there are bugs in its APP back end, resulting in huge losses. Meduo has the right to claim compensation from the professional Wool Party who used system loopholes to defraud coupons.

2. After seeing the preferential information, ordinary users make corresponding virtual transactions. Ordinary users do not have the ability to identify such professional fraud, and they do not need to bear any responsibility for platform losses. If the ordinary user knows that the expired coupons are used to purchase the current products when cotton wool is purchased, he is obliged to return the unjust profit.

3. If a professional wool party uses the multi-platform system loopholes to carry out false preferential information propaganda, resulting in platform damage, on the one hand, suspected of invading computer information systems, on the other hand, using expired coupons to purchase current products suspected of theft.

Li Mengsong, Director of Sichuan Civil Law Firm: Effective contracts should be protected by law

First, in view of this incident, we must first see whether the contract between the Wool Party and Pingduo Platform is established.

The Contract Law stipulates that a contract shall be formed when the commitment takes effect. Article 49 of the Electronic Commerce Law stipulates: If the information of goods or services issued by the electronic commerce operator meets the requirements of the offer, the user chooses the goods or services and submits the order successfully, and the contract is established. Where the parties agree otherwise, the agreement shall prevail. E-commerce operators shall not stipulate in terms of format clauses or other means that the contract is not established after consumers pay the price. If format clauses contain such contents, their contents shall be invalid.

In this event, the user chooses to place the order and submit the order successfully according to the concessional activities of more than one batch. The contractual relationship between the two parties has been established.

Second, whether the contract is valid.

According to the provisions of the Contract Law, there are several situations in which a contract is invalid: (1) one party concludes a contract by means of fraud and coercion to damage the interests of the state; (2) malicious collusion to harm the interests of the state, the collective or the third party; (3) concealing illegal purposes in a legal form; (4) damaging the public interests; (5) violating the mandatory provisions of laws and administrative regulations. That is to say, if these circumstances do not exist, then the contract is valid and should be protected by law.

3. Whether the format clause is valid or not. Article 5 of the User Code of the Pingduo Multiplex Service Agreement: Use Pingduo Multiplex Plug-in or use Pingduo Multiplex Platform bugs to gain unfair benefits.

This clause belongs to the format clause, according to the provisions of the Contract Law: if the party providing the format clause exempts itself from liability, aggravates the other partys responsibility and excludes the other partys main rights, the clause is invalid; besides, the party providing the format clause must also fully perform the obligation of prompting and explaining.

The Law on the Protection of Consumer Rights and Interests stipulates that operators shall not make unfair and unreasonable provisions to consumers by means of standard clauses, notices, declarations, shop notices, etc., excluding or restricting consumer rights, mitigating or exempting operatorsresponsibilities, and increasing consumers responsibilities. They shall not use standard clauses and use technical means to force transactions.

Therefore, the validity of the format clause provided by Pingduoduo needs to be judged according to whether it has fulfilled the obligation of prompting, whether it has exempted itself from responsibility, and whether it has aggravated the other partys responsibility.

4. Whether the crime is involved or not.

This event should treat consumption and profit differently. Some users recharge their accounts by spelling out more bugs, which is less likely to involve crime; but if they want to make profits through secondary bugs, it may involve crime.

Police: Criminal issues of Todo being wool-eaten or suspected of fraud

In response to the incident, it has been reported that the Shanghai public security department said that if there is a black wool party maliciously fight more, then the incident can be treated as a criminal problem of fraud.

China Eastern Airlines and Tencent Video Recognition Effective After Encountering Similar bugs

In the early morning of November 17, 2018, China Eastern Airlines system was exploded with bugs. Many airline tickets discounted a lot. Some tickets cost only 50 yuan, while many domestic first-class business class round-trip tickets cost only 90 yuan.

For a while, China Eastern Airlines bugs became a hot search for microblogs. Faced with this unexpected incident, how did Eastern Airlines deal with it? Peoples Daily micro-blog published a micro-blog entitled Whats wrong with the wave of public relations in China Eastern Airlines, which is called a textbook by netizens:

Unlike Pingduos reaction, China Eastern Airlines posted a notice that all tickets sold during system maintenance (successfully paid and issued) were valid and passengers could use them properly:

Coincidentally, on December 31, 2017, Tencent video member recharge abnormal, the original 18 yuan 10% recharge activity, only 0.2 yuan deduction. Tencent, which is financially strong, not only cashes all the recharged users, but also returns 0.2 yuan of the users deduction.

According to statistics, during the server system abnormal period on December 31, 2017, the total number of orders caused by 0.2 yuan vulnerability was 2.87 million, involving 390,000 users. Tencent Video will complete each order according to the actual recharge time of the above users. If the average recharge of each order is calculated as one year, the loss will exceed 500 million yuan.

What will be the choice of brand image, Qian Tencent and Jiduo?

Some netizens think that the so-called bugs in China Eastern Airlines and Tencent videos are actually public relations marketing activities. According to the data released by Tencent, if it is a marketing campaign, it is reasonable to see the cost of its investment (calculated by the loss of 500 million yuan membership recharge fee) and the brand effect it obtains.

But is it marketing this time? The public has no idea how much wool Pingduo has been stolen, but Mondays stock price is clear: if the stock price falls sharply, the market value will be $26.7 billion, even if it falls by 10%, and the market value will evaporate by more than $2.6 billion, the marketing will be too expensive.

Dialogue between Pingduo Public Relations Department and users circulated on the Internet shows that Pingduo will take back the QQ number of Q coin with Tencent by coupon. But Pingduo refuted rumors in Guanwei.

If we fight for more money, we may lose more money by recovering the amount of Q coins sold by Tencent, because in addition to the professional Wool Party, many ordinary users are also involved in the activities. For the sake of its brand image, Tencent has recognized its own video loss of 500 million recharge fees. What is Tencents choice this time? After all, Tencent is the second largest shareholder in Pingduo. Tencent Holdings holds 786 million shares, accounting for 17.8%. What is Tencents choice between brand and money?

Source: Daily Economic News Responsible Editor: Yao Liwei_NT6056