Reporter: Wang Xiaoyue
Original title: a series of reports on infringement of digital collection consumption (Part 1) | is it easy for wechat store users to refund money? Can they be exempted from liability after the store is blocked on the platform
Influenced by the concept of "meta universe", digital collections are setting off an upsurge, becoming a favorite in many fields, and also reaping many loyal collection lovers. However, in the early stage of development, many irregular operations have been exposed in this field, and it is difficult to protect the rights and interests of consumers.
Recently, the reporter of China consumer daily found that many consumers complained about the false delivery of the store on the wechat platform on the social platform, and consumers have neither received the digital collection nor refunded. In this regard, the reporter conducted an investigation and interview.
Due to the low entry threshold of wechat stores, many small and micro enterprises or individuals choose to open stores on the wechat store platform. "Tianjie digital collection" is one of the merchants who have settled in the micro store platform. The unit price of digital collections sold in the store ranges from 9.9 yuan to 199 yuan.
Yao Xin, a player of digital collection, told the reporter of China consumer news that in June this year, he bought more than 800 digital collections from the "Tianjie digital collection" store. According to the merchants, the "Tianjie digital collection" digital collection trading app will be launched in the near future, but Yao Xin plans to refund it after waiting for many days without waiting for the app to be launched. However, on the evening of June 20, "Tianjie digital collection" issued an announcement in the official group of buyers requiring users to write off in advance, which read: "please take a screenshot of the QR code of the card and coupon in time after placing an order and send it to the online wechat store customer service. In order to prevent someone from locking the order maliciously and not paying, we can check the order in time and release the order for fans who really want to buy but can't buy it."
Yao Xin said that at that time, because he wanted to receive the digital collections as soon as possible and had a certain trust in the qualification of the store entering the wechat store, he sent the coupon code received at the time of payment to the customer service to complete the verification (the coupon code is used as the receipt certificate of virtual goods). Subsequently, Yao Xin doubted the qualification and authenticity of the store. On June 21, he filed a refund request with the merchant on the platform, but the merchant refused to refund after a few days of delay.
Coincidentally, Liu Li, who bought more than 2700 yuan of digital collections in "Tianjie digital collection", told reporters that he also wrote off the digital collection coupon code in advance at the request of the business, but later found that "Tianjie digital collection" was suspected of stealing the original works published by foreign authors, and the business could not provide the copyright authorization, which was very suspicious. It was convenient to apply for a refund in the wechat store on June 22, but was rejected by the business on the grounds of "shipped". What made him feel aggrieved was that he was induced by the merchant to write off the coupon code, and he did not receive the goods, why can't he refund it?
The reporter learned that the amount of goods purchased by many consumers in "Tianjie digital Tibet" ranged from hundreds of yuan to thousands of yuan. Due to complaints from a large number of users, the "Tianjie digital collection" store was banned by wechat stores in the afternoon of June 21. The latest progress of the appeal shows that "the platform has punished the merchants because they did not replenish funds in time to handle the refund."
Like Yao Xin and Liu Li, Yang Yi, a college student who bought more than 500 yuan of digital collections in "Tianjie digital collection", said that he called the wechat store many times to ask for a refund, but the staff of the wechat store said that "all the merchant accounts have been withdrawn"; However, according to the screenshot of the official group of "Tianjie digital collection" provided by consumers, the staff of the store said that due to the closure of the store, there was no way to withdraw cash, "the company did not receive a penny".
Obviously, the micro store platform is contrary to the saying of "Tianjie digital collection". The reporter called the official phone number publicized before the "Tianjie digital collection" banned shop for confirmation, but the number has been shut down.
The reporter learned about the situation from a staff member of the wechat store. According to the store name of "Tianjie digital collection" provided by the reporter, the staff member said: "there is no way to query and inform the situation by providing the store name. You should provide the mobile phone number of the registered store and check the information before you can query."
The reporter saw on the official website of the wechat store that its main company is Beijing pocket Fashion Technology Co., Ltd. the official website shows that "the omni channel, full scene and multi-end store opening solution has helped 80million businesses succeed". It is not difficult to see that the business scale of wechat stores cannot be underestimated, and more and more small and micro enterprises and individuals have settled in wechat stores. So, what are the access requirements for the platform?
The customer service of the wechat store told the reporter of China consumer daily that the wechat store does not impose a deposit on the merchants, and the opening and operation of the wechat store are free. For orders with successful transactions, the payment channel will charge the merchants 0.6% commission.
According to the rules of the wechat store, the transaction capital guarantee is the default transaction method opened by the wechat store, which does not support closing. Cash can be withdrawn on the next day after the buyer confirms receipt. Then, in this case, how to protect the rights and interests of consumers when consumers need a refund and businesses do not actively cooperate? Are the platform rules reasonable?
In this regard, Huang Wende, a lawyer of Henan dinghou law firm, said in an interview with the reporter of China consumer daily that wechat stores do not impose a deposit on merchants, which lowers the threshold for merchants to settle in wechat stores, which is conducive to the rapid development of wechat stores in the short term, but also increases the risk of wild growth of wechat stores, which is not conducive to the protection of consumers' rights and interests. According to Article 58 of the e-commerce law, the State encourages operators of e-commerce platforms to establish a guarantee mechanism conducive to the protection of consumers' rights and interests, such as a deposit system.
The reporter saw in the wechat app that the platform stores do not display business licenses or company subject names and other relevant information. The staff of the wechat store also told the reporter of China consumer news that "it is impossible to inform the relevant information of the store". As platform users, many consumers such as Mr. Yao and Yang Yi were also rejected when asking for information about the main body of the store.
Zhu Wei, deputy director of the communication law research center of China University of political science and law, said in an interview with the reporter of China consumer daily that the "e-commerce law" requires platform businesses to show their licenses and publicize their subject information to the public, to meet consumers' right to know, and not to open stores secretly. The platform can choose to provide the information of the platform operator or bear its own responsibility.
Huang Wende said that businesses should publicize business licenses and other business information, and micro stores should provide technical support for businesses to publicize the above information. If there is a violation, Article 76 of the e-commerce law stipulates a "double penalty system", specifically in this event, both businesses and micro stores are punished. At the same time, according to Article 43 of the law on the protection of consumers' rights and interests, if the wechat store cannot provide the real name, address and effective contact information of the merchant, then consumers have the right to claim against the wechat store.
Yao Xin told reporters that there are more than 1000 people in the official group of "Tianjie shuzang", but the group has been silent, and the user information is not interconnected. "There was an official group of more than 300 people who briefly opened the forbidden word. Some people exposed problems in the store, and we realized that we might be cheated, but the forbidden word was soon restored in the group."
"We are the first batch of buyers, and now we want to inform other consumers of our experience, but the official group has been in a state of silence and can't communicate." Liu Li said.
In addition, in addition to "Tianjie digital collection", there are also stores with the same sales model selling digital collections in wechat stores. Zhang Li, a college student, told reporters that she bought more than 1000 yuan of digital collections in "Tianjie digital collection" and could not be refunded without delivery. Later, she saw a store called "Tiancheng art" doing promotion. The goods sold were no different from "Tianjie digital collection", so she bought a digital collection test with a price of 1 yuan. Sure enough, the merchant not only did not deliver the goods, but also closed the refund interface and appeal channel.
In the call recording with the staff of the wechat store provided by Yao Xin, the staff said, "the platform has fulfilled its regulatory obligations, punished the store, and will also limit its subsequent trading problems." And this result is the final feedback result of the platform.
Then, in the case that the wechat store does not collect the deposit and the merchants do not cooperate with the refund, does the platform need to bear more responsibilities except for banning the store?
Huang Wende said that wechat stores should establish an access threshold for businesses, implement a series of systems to regulate the integrity of businesses, such as credit evaluation and deposit, and put businesses that seriously infringe on the rights and interests of consumers into the "blacklist", strictly review the actual controllers and ultimate beneficiaries of businesses, and prevent bad businesses from changing into "waistcoats" to continue to infringe on the legitimate rights and interests of consumers.
The first paragraph of Article 39 of the e-commerce law stipulates: "the operators of e-commerce platforms shall establish and improve the credit evaluation system, publicize the credit evaluation rules, and provide consumers with ways to evaluate the goods sold or services provided on the platform."
According to Huang Wende, wechat stores should know that businesses infringe on the legitimate rights and interests of consumers according to consumers' credit evaluation of bad businesses. If wechat stores do not take necessary measures to stop them, even if they can provide the real name, address and effective contact information of the businesses afterwards, wechat stores should also bear joint and several liability according to the provisions of paragraph 2 of Article 44 of the consumer protection law.
(at the request of the interviewer, Yao Xin, Liu Li, Yang Yi and Zhang Li are pseudonyms.)