In recent years, Cheng Yuwei (pseudonym) of Shaanxi Province was full of sadness. He wanted to grab a piece of wool But carelessly set fire to his upper body.
Last December, he purchased more than 1,000 boxes of milk on a shopping platform called Tianhuyun merchant by collecting coupons for 199 minus 100 from different accounts.
But what he didnt think of was that, because of this large number of wool activities, hot his hands: after the platform found abnormal, more than 400 boxes of milk in his house could not be returned, the platform also asked him to make up for the concessional amount; a large number of milk shipments stopped, the account has been frozen more than 40,000 yuan; his wife has been making trouble with him for this matter...
After using the coupon, you can buy three boxes of milk at the price of 90.61 yuan.
In January 2019, Cheng Yuwei, who wanted to negotiate the matter thoroughly, went from Shaanxi to the company where Tianhu Yunshang Platform was located on Tianfu Third Street in Chengdu, but the platform said that he should return the amount of coupons he enjoyed.
Half-price milk can be bought on a pie.
Boys buy hundreds of accounts and stock up.
I knew it was the case. I would never buy it. Cheng Yuwei told Red Star News with a sad face.
What bothered him happened more than a month ago. On December 15, 2018, Cheng Yuwei found out that on a platform called Tianhuyun Merchant, he was conducting Fire Festival 2018, and could get a coupon of 199 minus 100 yuan to buy goods.
I calculated that if milk and pepper were to be put together, milk with a unit price of nearly 60 yuan could be purchased at about half price, which would be very cost-effective. On December 20, 2018, Cheng Yuwei placed several orders with his registered account, each consisting of three Jindian Pure Milk 250ml 12 boxes and a bag of Sichuan flavor soul Hanyuan pepper 50g. Through the coupon deduction, the actual price of three boxes of milk is 90.61 yuan, and the price of pepper is 11.09 yuan.
A friend of mine told me that milk does not worry about selling. Considering that milk is consumable and the quality is also good after receiving the goods, Cheng Yuwei moved his mind to buy more batches of milk. When we buy it back, our family can drink it. If we dont have a long shelf life, we think we can sell it.
However, due to the restriction on the number of coupons each account receives by Tianhuyun Business Platform, only five coupons are available for each account. In order to buy more milk, Cheng Yuwei thought of Duotun Point Account.
I bought about 200-300 accounts and spent about 100 yuan. Cheng Yuwei said that he used these accounts to purchase more than 1,000 boxes of milk in the same way on the platform.
In order to avoid the platform to find that the milk is determined by the same person, Cheng Yuwei wrote the orders receiving address in different units and floors of the same community, and made up about 90% of the recipientsnames. Because these phone calls are not available, milk volume is relatively large, so I go to express point to extract unified. Cheng Yuwei explained to Red Star News how to receive the goods.
Orders, payments and receipts went smoothly all the way. In this way, 149 of the orders were shipped, and more than 400 boxes of milk and pepper were delivered to Shaanxi one after another smoothly.
The company considers that delivery is suspended improperly
More than 40,000 goods are frozen
Cheng Yuwei returned all the Peppers after receiving the delivery from the platform because he felt that there was no market for peppers and he could not use them up. It is precisely this large number of concentrated returns that have attracted the attention of Tianhuyun merchants platform.
Zhao Huichun, manager of service and Settlement Department of Tianhuyun Commercial Platform, told Red Star News, We found that the same business on the platform had a large number of refunds for the same product of Zanthoxylum bungeanum, which was determined to be an abnormal phenomenon. Background data verification found that these refunds were concentrated in 5 Alipay accounts, and the addresses were also located in different units in the same district. They were very similar. We thought there was an improper access to coupons, so they stopped shipping.
Around December 23 last year, Cheng Yuwei received a notice from the platform, because of the abnormal operation of the account, the remaining orders have to be suspended. The rest of the orders paid about 40,000 yuan, but there has been no refund until now. He told Red Star News that he had been communicating with customer service since the platform stopped shipping.
Communicated for 10 days, but no result. Cheng Yuwei said that he cooperated with the platforms requests, but the large amount of unpaid payment refund has not arrived at the account. In order to solve this problem, Cheng Yuwei made a special trip from Shaanxi to Chengdu. Whether its a refund or a loss caused, we can make up for it, but we must put forward a solution.
Cheng Yuwei came to the company where Tianhuyun Business Platform is located for consultation.
On January 22, 2019, Cheng Yuwei came to Tianhuyun Commercial Platform Company early in the morning to wait for consultation, but the two sides have not reached an agreement. Cheng Yu-wei presented a recording of his communication with the lawyers of the company where the platform was located on the morning of 22nd to the Red Star journalist.
In the recording, the platform lawyer said that Cheng Yuweis actions may be in violation of the law, and only after confirming the authorization of the user whose name appears in the order, can he continue to negotiate with him. At about 17 p.m. on January 22, Red Star journalists accompanied Cheng Yuwei to the company where Tianhu Yunshang Platform is located.
The company thinks the boy may break the law.
The amount of compensation is still under negotiation.
In the view of Tianhuyun Business Platform, this is not a simple wool scraping incident. The purpose of the New Years Fire Festival is to develop users, so the amount of the coupon `199 minus 100 Yuanneeds the platform to subsidize the merchants. Zhao Huichun, manager of Tianhuyun Business Platform Service and Settlement Department, explained to Red Star News, Our platform supports real users and real order transactions, and limits the number of coupons received on the same account. Only five.
The main reason is that of the 149 lists, only 5 were purchased in the name of Cheng Yuwei himself, and the others were illegal accounts registered with other peoples mobile phone numbers. If he could not provide authorization from the owner of the account, he could not purchase the milk on behalf of the owner of the mobile phone number. Zhao Huichun told Red Star News.
According to the company lawyer, his actions may have violated the relevant provisions of the Contract Law and the Criminal Law. After discussing how to deal with this matter with the company and the shipper, Zhao Huichun said that in the part of milk already delivered by Cheng Yuwei, the seller said that he was unwilling to return the goods, so the 100 yuan subsidy, the platform will still be paid to the merchant.
But he got the coupons he shouldnt get, which caused losses to the platform, so he needs to compensate the platform for the amount of the discount of 144 orders, except for the five ones he bought in his own name.
As for the unshipment part, Zhao explained that they would refund it after consulting with Cheng Yuwei.
Up to the time of the Red Star press release, the two sides had not reached an agreement.
The computer side has the User Agreement.
Restriction on Unlawful means of obtaining vouchers
On the afternoon of Jan. 22, Red Star journalists downloaded App from their mobile phones. The APP states that the e-commerce platform is a comprehensive e-commerce platform built by Sichuan Public Information Industry Co., Ltd. Red Star News reporters found that the platform can be logged in through the account password or mobile phone number on the mobile phone. Through a quick registration option, you can register successfully by filling in the phone number, collecting the SMS verification code and setting the password.
On the mobile phone, the platform can be registered directly by the mobile phone number.
It is worth noting that during the whole process, Red Star journalists did not find the users usage agreement on the mobile app. At 13:30 p.m. on January 23, a Red Star journalist called the customer service hotline marked on App of Tianhuyun Merchant. A female customer service said that there was no user agreement when registering on the mobile phone, but the user agreement would be displayed when registering on the computer.
After the Red Star News reporter logged on to the computer, he found that there were many clauses in the User Agreement on the computer side that involved user accounts and improper profits, such as For the vouchers purchased maliciously and obtained by improper means, Tianhuyun Businessmen have the right to make independent judgments and take measures including, but not limited to, freezing your user account or emptying vouchers, Users understand and guarantee not to use vouchers. Malicious use of technical means or other means to obtain preferences, discounts or other benefits by registering multiple accounts, placing orders and other acts, affecting other usersnormal consumption behavior or related legitimate rights and interests, affecting the normal sales order of Tianhuyun merchants, etc.
In the computer-side user agreement, the illegal acquisition of vouchers is stipulated.
Use the Purchase Account Cotton Wool
There are many legal risks
Is there any potential legal danger in the act of purchasing accounts and collecting coupons to buy goods in large quantities?
Li Yongbin, a partner of Lungan Law Firm, said there was a legal risk in such an act. Assuming that the platform is based on the purpose of expanding the source of customers to provide preferences for each customer, then manufacturing false customers to obtain greater preferences is actually a typical contract fraud, if serious, it may even involve contract fraud.
From the point of view of economic law, if a large number of low-priced high-quality milk are obtained through this way, and the actual purpose is to resell, rather than consume, then this kind of behavior will not be protected by the Consumer Protection Law, because it no longer belongs to the category of consumers.
Li Yuebin believes that using other peoples identity information to buy goods online, whether or not the use of other peoples consent is a key. Without the consent of others, the subjective mentality is to buy for others, which will involve the unauthorized agency. But if you borrow someones name to buy it for yourself, it not only involves breach of contract on the platform, but also may infringe on the personal information of citizens.
Platform, as the provider of format contract, can not interpret the terms at will. Whether the company can return the coupon depends on how the format contract is stipulated. If the crime of contract fraud is constituted in criminal law and the platform becomes the victim, then we can claim that the contract is invalid and compensate for the loss. If a contract fraud is recognized in civil law, the contract may be revoked.
Milk in Supermarket (Visual China Data Map)
Jiang Luxian, a lawyer at Taihe Tai Law Firm, said that this is no longer a legal risk category. Cheng Yuwei purchased 200-300 other peoples mobile phone accounts. First of all, is the purchasing channel of these accounts legal? Does the account owner know? If it is not, Cheng Yuwei is not authorized and does not constitute an unauthorized agent, because his purchase behavior and products belong to one person.
Secondly, Cheng Yuwei purchased products on the platform, indicating that he had agreed to and voluntarily abided by the User Agreement of the platform, and guaranteed that he would not maliciously use technical means or other means to place orders with multiple accounts (Article 8 of the agreement). Cheng Yuweis behavior clearly violated the agreement, not only had breached the contract, but also because he used a large number of other peoples accounts to purchase without knowing the platform. The platform has been misunderstood as different buyers, Cheng Yuweis behavior may also constitute fraud, according to the provisions of the Contract Law, the deceived party has the right to cancel the contract.
However, the goods purchased by Cheng Yuweis real-name account do not violate the law and conform to the agreement. For this part of the platform, the preferential offer cannot be cancelled. For Cheng Yuweis products purchased maliciously by using other peoples account, because Cheng Yuwei has no conditions to enjoy the preferential offer, he can deal with them according to the situation without preferential offer.
Source: Han Jiapeng_NN9841, responsible editor of Chengdu Business Daily