Seven hundred yuan pine leaf crab has been replaced with over sixty yuan bread crab. Expert: The merchant's unilateral change of service content or reduction of service standards is suspected of breach of contract
2025-12-29
Ms. Du, a Shanghai consumer, expressed helplessness when she talked about her recent experience, saying that the pine leaf crab set meal, which cost over 1300 yuan for group buying, was immediately replaced with cheap bread crabs, and the merchants claimed that changing the dishes was their right. The reporter's investigation found that Ms. Du's experience is not an isolated case. Consumers from multiple regions have reported encountering various "tricks" during group buying. A third-party consumer complaint platform shows that there have been over 8000 complaints related to "group buying coupons". Behind seemingly affordable low-priced group buying, there are multiple traps set by merchants and platforms. There are hidden tricks in the usage rules. During this year's National Day holiday, Ms. Du plans to entertain relatives and friends. After placing an order for a group purchase package worth over 1300 yuan at a certain restaurant, she specifically went to the restaurant to confirm that the pine leaf crab in the package was raised in the restaurant's water tank and booked a private room. However, two days later, the merchant informed via WeChat that "the dishes have been updated", and the pine leaf crab worth nearly 700 yuan in the original package was replaced with bread crab worth only over 60 yuan, while other dishes remained unchanged. Ms. Du requested the restaurant to provide services according to the original set menu, but was refused by the merchant on the grounds of "having the right to change dishes". The above-mentioned package "shrinking" is not an isolated case. Ms. Zhang, a consumer from Fujian, as a loyal customer of a certain KTV, purchased a 58 yuan group purchase coupon in September this year. When placing the order, she repeatedly confirmed that there were no usage restrictions during the National Day holiday and took screenshots to keep evidence. However, when she made an appointment at the store, she was informed by the customer service manager that the low-priced package could not be used, and later it was found that the platform page had quietly added a "National Day ban" rule. Chen Yinjiang, Deputy Secretary General of the Consumer Rights Protection Law Research Association of the China Law Society, pointed out that when the customer base is insufficient, businesses use group buying promotions to expand customer sources, increase sales volume and revenue. Consumers can get low price discounts by purchasing suitable group buying coupons. Group buying promotions are supposed to be a win-win model, but some merchants arbitrarily lower the standards of group buying services or change the content of group buying services without authorization, seriously damaging the legitimate rights and interests of consumers and also affecting the reputation and image of merchants. It is a typical breach of contract for merchants to change the content or usage rules of group buying coupons without authorization. According to the relevant provisions of the Civil Code and the E-commerce Law, once a consumer places an order to purchase a group buying voucher and successfully makes payment, the transaction contract between the consumer and the merchant is established. If the merchant unilaterally changes the service content or lowers the service standards, it may constitute a breach of contract. If the merchant breaches the contract, they must bear the liability for breach of contract in accordance with the law. Consumers can request merchants to redeem the service content and standards of the original group buying coupons. If the merchant is truly unable to continue fulfilling their obligations, consumers can request a refund and compensation for related losses from the merchant. In addition, merchants cannot shirk responsibility by using standard terms such as' no returns for group buying products' and 'interpretation rights for group buying coupons'. According to the Consumer Rights Protection Law, operators shall not make unfair or unreasonable provisions to consumers, such as excluding or restricting consumer rights, reducing or exempting operator responsibilities, or increasing consumer responsibilities, through standardized terms, notices, statements, store notices, etc. ”Chen Yinjiang said. False discounts mislead consumption. In addition to changing the face of package content, false pricing to create a false impression of discounts has also become a "disaster area" of group buying chaos. Not long ago, Ms. Ma, a consumer in Beijing, purchased a group purchase coupon for a single pancake meal on a certain platform. The platform showed that the original price was 15 yuan, and after a 40% discount, it was 9 yuan. After Ms. Ma arrived at the store, she found that the original price of the pancake on the price list was only 8 yuan. "I thought I had found a bargain, but I didn't expect it to be a trick of the merchant," she said. Chen Yinjiang explained that "original price" generally refers to the lowest transaction price with transaction receipts that the operator has transacted at this trading venue within seven days before this promotional activity; If there is no transaction within the first seven days, the original price will be based on the last transaction price before this promotion. Merchants are not allowed to arbitrarily mark the original price. For example, falsely marking the original price of a product and then selling it in the form of a "discount" is a behavior of fabricating facts and concealing the real situation through false price means, deceiving and inducing consumers to conduct transactions, which constitutes price fraud and violates relevant provisions of the Consumer Rights and Interests Protection Law. Consumers can claim that the merchant's behavior constitutes fraud in accordance with the Consumer Rights Protection Law and demand compensation of three times the price. If the compensation amount is less than 500 yuan, it shall be calculated as 500 yuan. It is worth noting that group buying coupons marked with "refund at any time, automatic refund upon expiration" often encounter refund failures in actual refunds. Ms. Huang, a consumer from Hunan, previously purchased a "refundable" ticket for a certain scenic spot. However, due to a change in her plan, her request for a refund was rejected by the merchant. The next day, she found that the coupon code was marked as "used". Afterwards, she tried to contact the merchant multiple times but was unsuccessful. She argued with the platform for a week before successfully refunding. The reporter noticed that there are also consumers facing the problem of "restricted" refund forms. After Ms. Zhao, a consumer from Beijing, purchased a yogurt group buying voucher, she was unable to use it due to the cessation of cooperation between the merchant and the platform. When applying for a refund, the customer service stated that only gold coins could be refunded, not cash. After Ms. Zhao agreed, the gold coins were overdue and not received. After negotiation, it was discovered that she needed to raise a total of 300 gold coins to withdraw, and her account only had over 200 gold coins, which meant that the refund could not be actually cashed out. Chen Yinjiang pointed out that it is neither reasonable nor legal for the platform to refund in non cash forms such as coins and points. This behavior actually reduces the refund responsibility and indirectly forces consumers to continue consuming. If the merchant breaches the contract, they should not only return the goods and issue a refund, but also compensate the consumer for any losses incurred as a result. How to fundamentally address the chaos of group buying vouchers through collaborative efforts to solve the dilemma? Lawyer Tang Wei from Taihe Tai (Wuhan) Law Firm suggests that platforms should strictly fulfill their obligations. According to relevant regulations, fulfill the obligations of market entity registration, information disclosure, review and verification in accordance with the law; Establish a sound credit evaluation system and consumer complaint mechanism to monitor and manage the business behavior of merchants in real time; Establish a pre compensation system, where platform operators provide pre compensation to consumers when their legitimate rights and interests are infringed and they are unable to obtain compensation. Merchants should clarify the rules for using group buying coupons. When selling group coupons, important information such as package content, usage rules, refund policies, etc. should be communicated to consumers in a clear, concise, and easy to understand manner, avoiding the use of vague or misleading language. Regulatory authorities should strengthen their supervision of the group buying market. Improve relevant laws and regulations, and increase the punishment for illegal activities of merchants and platforms; Establish a sound complaint and reporting mechanism, promptly handle consumer complaints and reports, and safeguard the legitimate rights and interests of consumers. (New Society)
Edit:Wang Shu Ying Responsible editor:Li Jie
Source:Rule of Law Daily
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