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In 2020, the first "extended version" of "double 11" achieved a turnover of 498.2 billion yuan, setting a new record again. According to the data released by Alibaba, more than 300 stars and more than 400 CEOs participated in tmall's "double 11" shopping carnival season this year. More than 30 Taobao live broadcasting rooms had a turnover of more than 100 million yuan, while the live broadcast sales of Li Jiaqi and Weiya reached 9 billion yuan in two days. However, this year's extremely popular live delivery of goods is also a serious disaster area with frequent problems, causing continuous disputes. Some netizens frequently reported that the fake goods were stolen in the live broadcasting room, or there was something wrong with the goods, but no one was responsible for the after-sales service. Even the anchor called out the slogan of "the lowest price", but it was not the lowest in the whole network What should I do when I encounter these bad things? Don't be afraid, the three judges of Beijing Internet court will offer advice to "avoid the pit", so that you can rest assured that online shopping is not disturbing in the future. < / P > < p > < strong > case 1 < / strong > < / P > < p > < strong > there is a problem with the goods snatched from the live broadcast, and the after-sales service will not be replaced? < / strong > < / P > < p > on November 20, the Chinese Consumer Association conducted an online big data public opinion analysis on the consumption rights protection situation from October 20 to November 15, and collected 334083 negative information about "live with goods". During this year's "double 11" promotion activities, the consumption "slot points" mainly focused on two aspects: star with goods suspected of fraud, low satisfaction with after-sales service and poor experience, and named Wang Han and Li Xueqin for "overturning" of live delivery with goods, and Li Jiaqi's Live Room "not allowed to change after buying". < p > < p > on November 6, a microblog netizen once posted an article on Weibo @ Li Jiaqi: "what's the operation of Li Jiaqi's live room? The first time the car overturned, it was just selling, regardless of after-sales? What do you mean if you don't want to buy it? What's the robbery in the studio? Cost so much effort to rob, the result appears quality problem, let me return goods not let me change prevaricate me? How dare I shop in the studio? " To this end, Li Jiaqi responded through microblog that "Jiaqi studio has always attached great importance to after-sales service. It is understood that the brand side has preliminarily communicated with the customer that the sports shoes cannot be exchanged because they are sold out. They support refund and return, and complete the refund to the customer on November 8. Prior to that, Jiaqi Live Room customer service also immediately contacted the brand side to actively coordinate the after-sales work, and gave a reply within 48 hours. Jiaqi welcomes the supervision from all walks of life. As always, I will do a good job in the studio and safeguard the rights and interests of consumers. " In this regard, the China Consumer Association said that although live delivery with goods is popular, a considerable number of businesses that only focus on gathering traffic and expanding sales actually have no corresponding after-sales service system. Meanwhile, the customer service responsibilities between the anchor are not clear, and when they encounter the problem of after-sale, they kick the ball together, which leads consumers to make complaints about Tucao. < p > < p > [judge interpretation] < / P > < p > in Beijing Internet court Guo Sheng < / P > < p > in the live delivery with goods represented by Li Jiaqi, who should be responsible for the after-sale of the products or services recommended by the anchor once the quality of the products or services occurs? Generally speaking, a business is the seller, provider or e-commerce operator of goods or services, and shall bear the after-sales responsibility for the goods or services. In principle, the anchor shall not bear the after-sales responsibility for the goods or services itself. However, if the anchor participates in the sales and provision of goods or services, and has the identity of an operator, he shall bear the after-sales responsibility of the goods or services. < / P > < p > live delivery, that is, through the Internet platform, through the anchor online display, answer, promote products or services, and ultimately promote businesses and consumers to conclude online shopping contracts. According to Article 111 of the contract law, if the quality does not conform to the contract, it shall be liable for breach of contract as agreed by the parties. If the liability for breach of contract is not prescribed or clearly prescribed, and cannot be determined in accordance with the provisions of Article 61 of this law, the party who suffers damage may, according to the nature of the subject matter and the size of the loss, reasonably choose to require the other party to bear the liabilities for breach of contract, such as repair, replacement, rework, return of goods, reduction of price or remuneration. In the online shopping contract, consumers and businesses are the opposite parties of the online shopping contract. According to the requirements of the contract relativity, they should perform the contractual rights and obligations according to law. As the first responsible person, businesses should bear the after-sales responsibility for product or service quality problems. < / P > < p > however, under special circumstances, in addition to promoting products or services, the anchor is also the seller and provider of products or services. It has the identity of anchor and operator, and is also one of the contracting parties of the shopping contract. Therefore, the anchor should bear the after-sales responsibility for product or service quality problems. For example, when the anchor recommends its own products in the live broadcast room, once the product is produced, the anchor should be responsible for the quality of the product or service In case of quality problems, the anchor, as the operator, should bear the after-sale responsibility of the product. (2) if an anchor constitutes an Advertising Spokesperson and publishes or recommends false advertisements of products or services related to the life and health of consumers, causing damage, or publishing or recommending false advertisements of products or services other than those mentioned above with knowledge or due knowledge, and thus causing damage, the anchor shall bear joint and several liability for the products or services. If the live broadcast content constitutes a commercial advertisement, the anchor shall generally assume the responsibility and obligation of the advertising spokesman. According to the provisions of the advertising law, there are relatively strict restrictions on the joint and several liability of advertising spokesmen for general products or services. First of all, the spokesperson should be independent of the advertiser and recommend and prove the product or service in his own name or image. Secondly, Advertising Spokesperson's publication and recommendation are false, misleading or misleading to consumers, such as product or service performance, composition, quality and other false content. Finally, advertising spokesmen should know, or know that the content is false, still publish and recommend, causing damage. Therefore, in the case determination, if the anchor's behavior in the live broadcast room constitutes advertising behavior, then the anchor, as an Advertising Spokesperson, should bear joint and several after-sales service liability with the merchant for the product or service quality problems provided under the above conditions. < p > < p > for publishing or recommending products or services related to the life and health of consumers, which causes damage, the advertising law stipulates that the Advertising Spokesperson shall bear the limitation of liability, and no longer requires the spokesperson to know or know about the false advertisement, which reflects the effective protection of consumers.

　　同时，如果经营者提供的产品或者服务构成欺诈的，消费者除了要求退货退款外，可根据《消?
2023-03-22 10:04:24