Differentiate the "e-commerce exclusive" goods
Entering June, the e-commerce conference season kicked off. As the major traditional brands have “touched the net”, those products that already have brand awareness are undoubtedly the hot items that consumers buy during the period.
However, a box of the same brand of paper towel shop is ten or even twenty yuan cheaper, a clothing online shop with the same brand has only one-third of the price of the physical store... This situation and the brand "e-commerce" The strategy is closely related. It is understood that the current e-commerce products are rich in products, mainly concentrated in the field of daily necessities such as shoes and clothing, luggage, home appliances, sanitary ware, paper products. Then, is the commodity of the special power supplier channel really good and cheap, and the e-commerce exclusive supply is equivalent to the fake?
Differently look at the three situations of e-commerce
Yao Jianfang, an analyst with the Legal Rights Department of the E-Commerce Research Center, pointed out that there are currently three situations in which e-commerce specializes in goods, that is, different quality, same quality, and misappropriation of the same brand, which should be identified separately.
One of the situations is that e-commerce specializes in low commodity prices. Under normal circumstances, when selling “e-commerce exclusively” products, merchants should fully disclose the differences in functions, configurations, specifications, workmanship, material selection, design, etc. of the same items under the line, and fulfill the obligation of notification. If the consumer finds that the appearance code is exactly the same as the physical store product, that is, the same type of product is sold online and offline, the quality is obviously different, which infringes the consumer’s right to know and constitutes fraud. Consumers can request the operator to return the money in accordance with relevant laws and regulations, and pay a certain amount of punitive damages.
In the second case, the e-commerce-specific products are the same as the offline products but are of different quality. In this regard, Jia Lulu, an assistant analyst in the Legal Rights Department of the E-Commerce Research Center, believes that as long as the product meets the requirements of the national quality standards and the corresponding brand authorization, there is no problem. However, it should be noted that merchants cannot lie in the promotion of the same quality products as offline, otherwise it is fraudulent to consumers.
The third situation is rather bad, that is, the products of the e-commerce exclusive use of the brand are fakes. It does not meet the national requirements for product quality or does not obtain the corresponding brand authorization, in violation of relevant regulations. Under this circumstance, consumers are entitled to punitive damages according to regulations, but whether consumers who are “fake and buy fake” have the right to be compensated, the judicial precedents vary from place to place.
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