On the evening of September 28th,
Topic #40,000 to buy Weekly Dafu .25 million gold jewelry was sued #
rushed to Weibo hot search number one
In response to this, some netizens said: "Based on major misunderstandings, the intentions are untrue, civil legal behavior can be revoked ."
Some netizens also said: "This is not a customer, it is entirely caused by one's own mistakes."
"I bought Chow Tai Fook gold jewelry but I can't refund it if I leave the counter."
"What do you do to the customer if you marked the wrong price?"
"Good advertising opportunity, only 200,000 yuan, was wasted by Chow Tai Fook."
In January last year, Chow Tai Fook was exposed to be fetched, and many netizens discovered a price bug. Some netizens said that Chow Tai Fook’s official flagship store had a “gold discount”. The actual payment amount he purchased was only about 7,000 yuan. A couple spent 40,000 yuan to buy Chow Tai Fook's 250,000 yuan gold jewelry and refused to withdraw the order, and was sued by Chow Tai Fook.
Recently, the court announced the first instance judgment of the case.
Image source: Chow Tai Fook Weibo
40,000 to buy Chow Tai Fook 250,000 gold jewelry
Couple was sued
Qixinbao shows that recently, the civil first-instance judgment of the sales contract dispute case between Shenzhen Chow Tai Fook Company and Wang Mou couple was made public.
Image source: Qixinbao
Document shows that on January 16, 2021, the system technician of Shenzhen Chow Tai Fook Company made the operation error and set the price of the online store series of gold jewelry to be far lower than the daily selling price.
On the same day, Wang and Ling Moumou spent more than 40,000 yuan to buy 12 pieces of gold jewelry, which was about 209,100 yuan different from their daily sales prices.
The next day, Chow Tai Fook Company communicated with the defendant and informed the price technician that the operation was wrong and asked to cancel the order, but the defendant refused. Afterwards, Chow Tai Fook contacted the two people several times and paid 500 yuan each.
Zhou Dafu Company sued that there were major misunderstandings in the conclusion of the contract, and that the performance of the contract was obviously unfair and , causing great losses to the plaintiff, and requested the court to terminate the contract between the two parties.
The court held that, first of all, the parties to the contract must follow the principle of fairness, and one party has the right to request revocation of the contract concluded due to a major misunderstanding. Judging from the plaintiff's purchase price and actual selling price, the plaintiff's behavior of marking the price of the gold jewelry involved as far lower than the purchase and actual selling price on January 16, 2021 is obviously inconsistent with the normal sales behavior of the merchant. There are also many gold jewelry styles that the plaintiff has set abnormally this time. It can be seen that the plaintiff did not deliberately falsely priced to defraud consumers, and the defendant also failed to provide corresponding evidence to prove that the plaintiff had a low-price promotion. The plaintiff stated the error to the defendant through the Tmall platform customer service the day after the defendant purchased it, and apologized. He made corresponding compensation afterwards, which should prove that the plaintiff had an incorrect expression of intention and major misunderstanding about the conclusion of this online shopping contract. According to the principle of fairness, the contract concluded by the plaintiff and the defendant in this case should be revoked.
Secondly, although the date of the online purchase and sale contract in this case has exceeded the 90th day of the statutory revocation period of the exercise of the right of revocation , the plaintiff applied to this court in April 2021 to file a case online, and the act should be deemed to have been exercised. The date of the plaintiff knows or should know the reason for the revocation, that is, on January 17, 2021, which has not exceeded the expulsion period for the exercise of the right of revocation. Therefore, the defendant's argument that the plaintiff's claim that the order has been cancelled has exceeded the statutory revocation period, and the reason is insufficient, and this court will not adopt it. The plaintiff's petition is reasonable and legal, and this court supports it.
In the end, the court ruled to revoke the online shopping contract concluded by both parties.
Chou Dafu customer service: The page price is wrong
In January last year, some users said that Chou Dafu Taobao’s official flagship store had a big gold price discount. The actual payment amount of the gold bracelet (87.64g) he purchased was only 7455.7 yuan, which was equivalent to only 85 yuan/g; the actual payment amount of the gold pendant priced at around 7500 yuan was about 1500 yuan.
According to the content posted by the user, the two Chow Tai Fook gold bracelets he purchased were 87.41g and 87.64g respectively, with a total price of 6690.05 yuan and 7815.70 yuan respectively. After the discount, the actual payment amount was 6380.05 yuan and 7455.7 yuan. In addition, the weight of a gold pendant purchased by the user is 14.02g. After the use discount, the actual payment amount is 1,559 yuan.
It is worth mentioning that the three products purchased by the user also include 4380 yuan, 4980 yuan and 658 yuan labor costs respectively.
The reporter browsed the official flagship store of Chow Tai Fook on Taobao and found that the bracelet of the same weight purchased by the user is currently priced at around 48,000 yuan, and even if the coupon is received, the purchase price is around 45,000 yuan. When the reporter tried to submit an order, the page prompted that the product was currently out of stock. The price of the gold pendant of the same weight purchased by the user is 7479.1 yuan, and the price after receiving the coupon is 7247.8 yuan.
It is indeed amazing to sell gold as cabbage, but what is even more curious is whether the user can receive the goods as he wishes?
When the reporter contacted the store’s customer service and asked if the product could still be purchased, the customer service responded: “The price of the page was wrong before, not the actual price.” The reporter asked again whether the user who successfully purchased would ship the goods. The other party said: “It will not ship, and there will be a specialist to follow up and deal with this matter in the future.”
However, the reporter found in the video comment section of the above-mentioned Douyin user that the user’s latest reply said: “The small pendant purchased has been shipped.”
It is worth noting that if calculated based on the bracelet purchased by the above-mentioned user, the price per gram of gold is only about 70 yuan. When the reporter asked the customer service about the current gold price, the other party replied: "As of 14:16 on January 17, 2021, the gold price was 495 yuan/gram, excluding labor costs, and the product titles were displayed with labor costs."
Image source: Chow Tai Fook official website screenshot
The above customer service also stated that platinum, silver jewelry, K gold products are not sold at gram weight, and the price displayed on the page shall prevail (except for special styles such as customization and pre-sale/pre-order). The purity of the jewelry product stipulated by national standards means that its precious metal content shall not be less than 990‰. The latest national standard has removed ,000-percent gold , so if there is no 1,000-percent gold, the highest is full gold.
E-commerce companies are "fleece" and there are
In fact, there have been many such price misunderstandings before, such as Apple , JD , etc., all of which are fleece due to system price bugs.
On December 23, 2020, many netizens reported that Apple's official website store is currently priced, and the price of a thousand yuan product is priced at one or two hundred yuan, which has attracted many people to make money. For these products with bug prices, many of them have been reduced by 1,000 yuan compared to the previous selling price. For example, the Shure MOTIV MV88 Digital stereo capacitive microphone should be priced at 1,288 yuan, while the bug price is 235 yuan; the UBTECH Jimu Astrobot Cosmos robot kit costs 1,499 yuan, while the bug price is 149 yuan.
Perhaps Apple uses the same price system online and offline. Many netizens reported that they also successfully fetched the wool in Apple's physical stores and bought related products at the "bug" price. Some people placed an order to buy 10 units, some bought one or two hundred units, and some bought 999 units in a crazy way.
E-commerce trademark is a common event. Some stores will issue orders to users by mistake, so as to ensure that users can make money. However, some e-commerce companies will cancel orders, which is reasonable. Apple made it clear in the relevant purchase terms: If a pricing error is found, the user will be notified to cancel the order and a full refund will be made.
It is reported that for this price misunderstanding, Apple China's official website had some errors in the price statistics at that time, but it was quickly fixed, and some products involving price misunderstandings have also been removed from the shelves for protection.
In early 2020, the rules for using a coupon of 200 yuan in JD.com were set up incorrectly, and some low-priced small appliances can also be used, resulting in a large number of small appliances worth about 200 yuan being swept away. One oven was ordered 240,000 times, and the price was only 6 yuan.
Then, JD.com responded to China Voice that due to a short-term abnormality in the settings of relevant coupons, some customers encountered the mismatch of the coupons and the product after placing an order. The coupons also apply to the products that are not applicable. In response to this situation, in a responsible attitude to consumers, the products that have been shipped have not been processed accordingly. For products that have not been shipped or delivered, consumers will strive to understand and cancel the problem order.
According to previous media reports, Zhao Zhanling, deputy director of Beijing Zhilin Law Firm, said that after the consumer places an order, the sales contract between the two parties is established, and JD.com should fulfill the obligations agreed in the contract. However, if there is a major misunderstanding in the contract, JD.com can also apply for revocation of the contract.
Zhao Zhanling: "If JD has evidence to prove the price or preferential plan, the price is wrong. Due to technical reasons or internal employee operations, the price is wrong. In this case, it can revoke the contract based on the major misunderstanding stipulated in in the Contract Law. However, evidence is needed to prove that there is indeed a major misunderstanding, and the contract should be revoked through legitimate and legal means."
(Xinmin Evening News)
