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Original title: Double "11" price is more expensive than usual? Experts recommend heavy penalties for illegal businesses and platforms
Newspaper reporter Zhou Xiaopeng
Source: Legal Daily
Although it has not yet reached the "double 11", many e-commerce platforms have launched promotional activities, advertising price concessions will continue until November 11.
Senior "cat slave" Xu Tong (a pseudonym) intends to take advantage of promotional discounts, to cat cat some cat litter. Open the daily use of an e-commerce App, search for a previously purchased imported cat litter, the page has been marked "11.11 big sale" the words, the price is 109 yuan per bag.
However, on September 28 this year, Xu Tong's order record showed that only 99 yuan per bag was available for the same type of cat litter purchased on the same e-commerce platform and packed with cat litter.
Xu Tong is no longer surprised that the "double 11" price, known as the "lowest price in the whole year", is even more expensive than usual. After all, in her opinion, it is incomplete to have not experienced price fraud and sales trap. Xu Tong told the Legal Daily that there are too many routines and traps behind the "Shuang11" promotions. Consumers are not willing to give up, and they are in urgent need of the relevant departments to strengthen supervision.
Nearly 80% of the non sale goods were not cheap last year.
The biggest reason why Shuang11 has become a national carnival is that the attractive price can satisfy everyone.
But behind the constant refresh of consumption record, the return rate and complaint volume of "Shuang11" have risen sharply.
First price rise, then price reduction, fictitious "original price", and random marking price. On November 29, 2017, the Consumer Association of China released the experience report of the "double 11" online shopping price tracking survey that year. The report shows that nearly 80% of non-pre-sale goods are not cheap at all.
Among 539 non-pre-sale items participating in the "Shuang11" promotional activities, 78.1% of the promotional items could be purchased at "Shuang11" or lower prices on November 11, 2017, up from the same period in 2016.
On an e-commerce platform, Xu Tong saw an essential muscle base liquid. The current price is 159 yuan, marked as a discount price, the underlined price is 299 yuan, while the payment for "Shuang11" activities is 69 yuan (two need to be purchased). The reason why I noticed this cosmetics is that the link sent to her by a friend contains a coupon of 130 yuan for the store, which is only 29 yuan for purchase at present.
"The original price is 299 yuan, the preferential price is 159 yuan, and the promotional price is 69 yuan for Shuang11. Now it's 29 yuan. Which one should we look at? Is the so-called "double 11" lowest price credible? For the various types of price on the electronic business platform, Xu Tong is somewhat muddled.
Every year around Shuang11, there are not a few consumers who are confused by various price and promotion activities.
Suspected to fabricate "original price" in the form of "line price". Pre-sale price is not as good as "double 11" price concessions on the same day. Pre-sale price changes frequently and deposit changes freely. This is the problem of pre-sale products of e-commerce platform discovered by China Consumer Consultation Association last year.
For example, a brand bedding on a platform, the lowest price before the "Shuang11" campaign was 229 yuan, then increased to 379 yuan, and the "Shuang11" price was lowered to 249 yuan, still 20 yuan higher than the previous lowest price.
Another platform for a brand knitted sweater, "double 11" day marking price is "special counter price 1280 yuan", but before and after marking price are 508 yuan. Obviously, if consumers only see the price of their "double 11" day, they will be misled because they feel that the activities are highly concessional.
As for non-pre-sale commodities, there are more problems, especially in the complex preferential rules, some platforms and commercial commodities have the problems of first rising prices and then lowering prices, and "double 11" prices do not fall but rise.
In Xu Tong's opinion, the most troublesome way to participate in "Shuang11" activities every year is not to choose commodities, but to see clearly the rules of platform and business preferential activities. There are many ways of "preferential" such as discount, full reduction, red envelope, coupons, allowances, etc. The rules of promotion are obscure and difficult to understand, with various restrictions and use orders attached. "Mathematics is not good enough to calculate, not only can not calculate how much cheaper, even the final actual price can not be calculated." Xu Tong said.
According to the above-mentioned report, in 2017, the price of a chocolate bean double 11 was raised from 99 yuan to 162 yuan per box, which was reduced to 78 yuan per box on the day of the event, giving consumers the illusion that the discount was strong; the price of a leisure food activity was 16.9 yuan on the day of the event, while the actual price before the double 11 was only 13.9 yuan.
In addition to some commodities suspected of inducing consumption through false discounts, there are also many problems with products themselves, such as products promoted by gifts, which stipulate that gifts can not enjoy after-sales service; some e-commerce products are called "e-commerce monopoly supply", but it is difficult to find the same kind of goods online, not only consumers can not really. Even the so-called "special offer" is only a product with lower price and inferior quality.
There are loopholes in platform pricing mechanism.
In response to the problem of false discounts, Jingdong said that the platform will track and monitor price violations through big data technology detection means. In addition, daily commodities provide a price protection mechanism of 7 to 30 days in order to prevent price fluctuations from bringing bad experiences to consumers.
Prior to this year's "Double 11", Alibaba Skycat issued a "Double 11" price protection mechanism, saying that it will ensure that the arrival price of goods during the "Double 11" period is the lowest in the last three months, while Skycat will also be on-line price radar system, and businesses that inflated prices will be cleared out of the venue immediately.
According to the rules of Tianmao, all products registered to participate in 2018 Tianmao Shuang11 must sell at least 10% profit on the basis of the lowest transaction price between September 15 and November 10. Within 15 days after the end of "Shuang11" activities, Tianmao participates in the period of "Shuang11" commodity price protection. Its selling price shall not be lower than the official activity price or the pre-sale price of "Shuang11".
The so-called price radar system means that Tmall will verify Tmall's "double 11" commodity price in real time. For the fake price cut products, Tmall said it would immediately remove the product from the Shopping Festival home. And if there are consumers to report businesses to raise prices, Tmall will severely punish them after verification.
The introduction of Tianmao's price guarantee mechanism means that merchants should select goods with certain profit margin to participate in the activities, and promote the sale of other goods through the order flow brought by the profit margin goods. This can effectively protect the real promotional business, while cracking down on bad business who play with promotional routines and sell inferior products.
There are policies and solutions. Tianmao, a rule designed to regulate business behavior and protect consumers'interests, is not unassailable in the eyes of some "ashes" businessmen.
Liu Yang (a pseudonym) has two shops in an electronic business platform, and fans of each shop reach tens of thousands. In his opinion, although Tianmao's pricing mechanism has a good original intention, there are still many loopholes in its operation because it can't fully grasp the pricing of the merchants and the actual transaction in peacetime.
Liu Yang introduced that, first, most stores are full of moisture on the so-called special counter price and the original price of commodities. Second, in the actual transaction, although the stores will not easily change the price, they will actually reduce the transaction price in the form of "set meals". For example, a wallet with a price of 299 yuan can be set as a "set meal" when trading in the system, which is only 200 yuan, but the lowest price shown in the sales record is 299 yuan.
"The actual selling price is lower than the lowest price recorded by the system, and the 10% yield on this basis is not of practical significance. 299 yuan purse, ten percent off is 269 yuan, I only need to lower the price to be able to sell in "double 11". And see the marked original price of 1280 yuan, the system shows 299 yuan is the lowest price before, it is difficult for consumers to be unmoved. Liu Yang said.
Xu Tong noticed that many businesses on platforms always issue large amount of coupons in peacetime, which causes the actual pricing to be unreasonably high. "Wait until"Shuang11"to reduce the price of goods, but also to withdraw coupons, so that neither violate the platform requirements, but also achieve the purpose of false discounts." Xu Tong said that businesses are too smart to defend themselves.
Some businessmen attach importance to the scale effect of "Shuang11" and think that promotional activities can greatly reduce operating costs and hoarding costs, so they actively participate in "Shuang11" activities and are willing to give benefits to consumers; some businessmen take the opportunity to play smart and start price traps; especially, some businessmen are simply "cheating".
Selling fake and inferior commodities, cheating in the form of "red envelope lottery" and return on shopping, confusing deposit and refunding deposit concepts are common deception tactics. In response to this, Hebei Anti-Fraud Center issued a special reminder: "Double 11" Shopping Festival is approaching, and various promotional activities are in full swing. Please do not click on unknown websites or SMS links for small profits, causing property losses and leaking personal information, and guard against fraud.
Strengthening platform supervision and increasing punishment
Reporters found that before the arrival of "Shuang11" every year, the market supervision and management department will give notice to the commercial enterprises, requiring them to strictly abide by China's price law, anti-monopoly law, the provisions prohibiting price fraud, the provisions on the implementation of clearly marked prices for goods and services, and other laws and regulations, and not to fiction. Prices such as original price, false discount or failure to fulfill price commitments shall not be unreasonable or impossible to compare the marked market minimum price, ex-factory price, wholesale price, special price and best price.
In fact, the act of fabricating the original price and raising the price quietly has been suspected of consumer fraud, and consumers can recover it.
Chen Jiangtao, a lawyer at Beijing Dehe Heng (Shijiazhuang) Law Firm, said that according to the price law, operators should not use false or misleading price means to entice consumers or other operators to trade with them. This price violation is usually referred to as price fraud, also known as deceptive pricing.
At the same time, the National Development and Reform Commission's "Regulations on Prohibiting Price Fraud" also makes it clear that "fictitious original price" means that the original price marked by the operator in the promotion activities is false, fabricated, does not exist or has never had a transaction record. "False preferential discount" refers to the operator in promotional activities, marked before the discount price or through the actual transaction price and discount range calculated before the discount price is higher than the original price. All of these acts are expressly prohibited.
"'Shuang11'when some businesses quietly raise prices, fabricate the original price and other acts, obviously misleading prices, relevant departments should identify their suspected price fraud to punish them, while consumers can recover fraudulent acts of businesses in accordance with the law." Chen Jiangtao said.
Cao Lei, director of China Electronic Commerce Research Center, believes that in order to combat such acts as false propaganda and price fraud, which damage the environment of online shopping and commercial integrity, we should start with environmental governance of e-commerce platforms, such as setting up price declaration, supervising electronic systems, and selling goods by e-commerce.
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