Not long ago, Mr. Guo from Qujing, Yunnan Province spent 50 yuan on a second-hand trading platform to buy a game recharge card, and after placing an order, the seller said that he had to click "Confirm Receipt" before he could be sent a card number and password. Mr. Guo chose to confirm the receipt of the goods first according to the requirements, but what he did not expect was that the card password sent by the seller had already been used.
This is fraud and I have to be compensated for my losses. Mr. Guo repeatedly asked the seller for an explanation, but the other party refused.
I saw a link on a third-party shopping platform when I made a purchase, and then I was redirected to a second-hand marketplace. After Mr. Guo found out that he had been deceived, he came to the third-party platform again to check, and the product had been deleted by the seller. Mr. Guo repeatedly complained to the customer service of the second-hand trading platform about the seller, but the customer service said that the account could only be downgraded, but could not compensate for the loss.
At present, second-hand transactions are more and more favored by consumers because of their advantages, but due to problems such as low thresholds and inadequate management, transactions like electronic cards are easy to be targeted by criminals, or to deceive sellers by borrowing the identity of buyers, or to deceive buyers by borrowing the identity of sellers, "eating at both ends". At the same time, the platform mechanism is also easy to be used by it and becomes a tool for committing fraud crimes.
Not only that, the platform's "cold treatment" and "invisibility" in the process of protecting users' rights also make such disputes more and more serious, and the difficulty of user rights protection is greatly increased. What kind of responsibilities should be taken as a platform to facilitate the conclusion of deals? With questions, the reporter of "Rule of Law" conducted an investigation.
Virtual goods** are frequent
It is difficult for the platform to intervene to achieve results
Ms. Liu from Changning, Shanghai, is an old user of a second-hand trading platform, and she often buys electronic cards such as catering coupons and vouchers at low prices on the second-hand trading platform.
Not long ago, when she was searching for shopping coupons on a second-hand trading platform, she found that a seller felt that she had picked up a big bargain with a shopping coupon face value of 20% off, so she immediately placed an order. After the payment, instead of sending the card number and password, the merchant kept urging Ms. Liu to confirm the receipt.
Because the process of purchasing an electronic card was different from the previous one, Ms. Liu realized that she might have been deceived and immediately asked the seller for a refund, but the seller refused to refund her. So Ms. Liu directly applied for the platform to intervene.
It is understood that the customer service intervention of the second-hand trading platform requires the buyer and seller to upload the voucher, and the platform will judge the responsibilities of both parties according to the voucher. In the end, the platform ruled that the seller did not deliver the goods, and Ms. Liu also got a refund.
If Ms. Liu encountered the more common electronic card**, then Xiaoxi in Guangzhou, Guangdong Province encountered an "upgraded version"**
When Xiaoxi browsed electronic cards on a second-hand trading platform, he clicked into the search interface to place an order, **very cheap, the seller said that these cards ** are within the company, it is inconvenient to display the order directly on the platform, and the purchase needs to go through some specific steps, "The merchant called me at the time and said that I need to buy a supermarket shopping card on a third-party shopping platform, and then send me the card password of the electronic card after taking a picture."
Xiaoxi took a picture of the supermarket card according to the seller's steps, and at this time, the seller sent Xiaoxi a *** to ask Xiaoxi to scan the code to see the card password. When Xiaoxi scanned the code, he found that the card password could not be used, and the supermarket card he had purchased before showed that it had been used on the page.
Xiaoxi immediately contacted the customer service of the second-hand trading platform, but the customer service rejected Xiaoxi's complaint and report on the grounds that he did not trade on the platform. "I chose the No. 1 store at the time because I thought that the more people would buy it, the more insurance it would be, but I didn't expect to be deceived, although I didn't trade on the second-hand trading platform, but the platform still didn't do anything to deal with the seller's account when the buyer was deceived, just blindly emphasized that it had no right to deal with this matter. ”
The reporter searched on the social platform with the keyword "electronic card" and found that electronic card fraud routines emerge in endlessly, some sellers let buyers buy supermarket cards, and some let buyers buy recharge cards, but they are all ** lure buyers to transfer to third-party platforms to place orders, and transfer the fees in the purchased cards by logging in to the buyer's account.
E-cards** don't just fool buyers, sellers too. Ms. Li, who lives in Foshan, Guangdong, recently encountered an electronic card being deceived by a buyer.
Ms. Li had an electronic card that she couldn't use, so she hung it on the second-hand trading platform and planned to sell it, but because she was not familiar with the platform mechanism, after the seller took it, she immediately sent the card number and card password to the other party, "I was still curious about why the money was delayed, so I quickly contacted the seller and found that the seller had cancelled the account."
After being deceived, Ms. Li was not only angry about what ** did, but also very puzzled by the mechanism of the platform. "At that time, after the ** auctioned the goods, the platform showed that the buyer had taken the photo, and I thought that he had taken the photo and paid. I posted my experience online and found out that many people have been deceived in this way. ”
She believes that the platform should remind the seller that the other party took a picture but did not pay, rather than using vague words to make users unable to judge. Later, she contacted the platform's customer service, but the customer service believed that Ms. Li voluntarily sent the card to the other party, and the responsibility lay with her.
At present, Ms. Li is still negotiating with customer service, hoping that the platform can give her an explanation.
Coincidentally, in January this year, Ms. Wang from Jixi, Heilongjiang Province released a "virtual transaction electronic card" product on the second-hand trading platform, marked with a price of 480 yuan, "I saw that after the buyer took a picture of the goods, I was negligent and did not see that the payment had not been made, so I sent the card secret, and when I found out that I was wrong, the message showed that it could not be read back, and the buyer did not pay." Ms. Wang said angrily.
Subsequently, Ms. Wang urged the buyer to pay many times, but did not receive a reply, and kept showing "read", "I urged several times, and when I said that I wanted to report him, I was directly blocked". Only then did Ms. Wang realize that she was on the wrong path.
Ms. Wang contacted the platform's customer service many times to complain about the buyer, and asked the customer service to provide the buyer's *** staff kept saying "I am solving the problem, please be patient", but I just didn't provide ***
The customer maliciously returns or exchanges the product
The seller appealed and defended his rights to no avail
In addition to electronic card transactions**, malicious return of goods is another big "pit" on the second-hand trading platform.
Yaowen from Xinyang, Henan Province put a lipstick on a second-hand trading platform in May last year, but she didn't expect someone to take a picture of the product as soon as it was released, so Yaowen also felt a little lucky. "I carefully took a picture of the details of the inner and outer packaging of the product and the lipstick, and I wanted to reassure the other party, but I didn't expect it to be maliciously returned, and it was another lipstick that was returned. Yaowen said.
It turned out that the buyer rejected the product on the grounds that the lipstick was damaged when receiving the goods, and the platform allowed the buyer to refuse the goods based on the voucher uploaded by the buyer. So, Yaowen hurriedly contacted the platform's customer service and uploaded a certificate with inconsistent lipstick models, but the customer service ruled that the buyer was not responsible because the buyer refused to accept the product, and Yaowen's appeal was rejected by the platform.
After the buyer refuses to accept the lipstick, the order is automatically closed and cannot be further processed through the "small court" in the platform.
The "small court" in Yaowen's mouth is a dispute resolution mechanism set up by the second-hand trading platform for buyers and sellers, and the two parties upload their credentials for other users to adjudicate. As the main way to adjudicate to buyers and sellers, the platform puts the judgment of the case in the hands of several reviewers who randomly flop in the system, and the reviewers vote for the buyer and seller, who can take the lead in getting 9 votes to win the dispute, and the loser is "bankrupt" in trust, but Yaowen can no longer use the "small court" to fight for her rights and interests at this time.
Even if the credentials are uploaded, it won't help. Yaowen sighed and added, "After the exchange post was sent, someone contacted me, saying that he met the same buyer, or the same steps were exchanged, and the platform did not take any measures after being maliciously exchanged, and I feel that the platform mechanism is to promote the 'morale' of **." ”
Mr. Xu from Liuzhou, Guangxi Province, has also encountered a situation where the buyer maliciously returns and exchanges the goods, and he also believes that the platform's mechanism cannot protect the legitimate rights and interests of consumers.
Mr. Xu on the second-hand trading platform ** his own idle mobile phone, after the buyer got the mobile phone, on the grounds that the mobile phone could not be turned on and seriously damaged to Mr. Xu sent an application for return and refund, Mr. Xu was puzzled, "I took a lot of details at the time**, and also let the other party confirm the status and packaging of the mobile phone, but when the other party got it, the mobile phone could not be turned on, and the damaged place was not the same as my ** mobile phone, my mobile phone with tempered film, the other party's ** mobile phone did not." ”
For this reason, Mr. Xu rejected the other party's application, and the buyer chose to open a "small court" to deal with it.
At that time, we both uploaded the vouchers, and in the end, the 'small court' ruled in favor of me by one vote. Mr. Xu explained to reporters that just when he thought that the matter was going to end here, the buyer filed a complaint with the platform, and then the platform asked Mr. Xu to upload the red seal certificate of the logistics company, proving that the mobile phone before and after was different.
The reporter asked why the other party could continue to appeal after the "small court" won, and Mr. Xu explained: "After the dispute occurs, users can describe the problem on the platform and submit the dispute to the 'small court'. Within 72 hours prior to '**, both parties are required to provide relevant evidence to support their claims. This is followed by a vote of 17 judges, with the first 9 voters to win. But if the difference is less than 4 votes, you can continue to appeal to customer service, and I failed in the second appeal. ”
Mr. Xu was puzzled: "The platform asked for the red seal to prove that I had uploaded it, but the platform decided that I needed to be held liable because the courier said 'not sure' when I contacted the courier, and never asked the buyer to issue a red seal certificate." ”
Mr. Xu told reporters that he has now sorted out the vouchers and is ready to call the police, but because he has no information about the buyer, there is a high probability that the police cannot file a case.
If the obligation of review is not fulfilled
The platform shall be jointly and severally liable
The interviewed experts said that the platform standards are not uniform, the prompts are not accurate, and no measures have been taken against fraudulent accounts on the grounds of third-party transactions, all signs show that there are still a large number of problems in some second-hand trading platforms, and the correction of this problem still requires clear legal regulation and strict market supervision, of course, the platform optimization mechanism is the most important step.
What kind of responsibility does the platform need to bear if the seller is lured by the buyer to a third-party platform to buy an electronic card on the second-hand trading platform, and the electronic card is stolen?
Rao Wei, senior partner of Beijing Tiantai Law Firm and deputy director of the Consumer Rights and Interests Professional Committee of the Beijing Lawyers Association, said that the second-hand trading platform is an e-commerce platform, and the platform operator shall perform the necessary review obligations on the qualifications and qualifications of the settled merchants, including but not limited to requiring merchants who apply to enter the platform to sell goods or provide services to submit their identity, address, necessary administrative licenses and other true information, conduct verification, registration, establish registration files, and regularly verify and update.
Rao Wei emphasized that e-commerce platforms should also publicize the platform service agreements and transaction rules to consumers and merchants, and should take necessary measures to give clear reminders to the operation of jumping to the third-party platform page through the platform page. After the aforesaid necessary procedures, if the buyer suffers losses on the third-party platform, it shall separately claim rights from the third-party platform.
If the second-hand trading platform fails to give a clear reminder of the operation of jumping to the third-party platform, and fails to conduct the necessary review of the merchants entering the second-hand trading platform, resulting in the buyer being unable to claim rights against the seller, the second-hand trading platform will face the risk of joint and several liability for damages together with the seller. Rao Wei reminded.
Liu Junhai, a professor at the Law School of the Chinese University of China, said that whether the platform is responsible needs to consider whether the platform has malicious intent or gross negligence. As a transaction intermediary organization, the platform has a security obligation to consumers.
For some sellers' questions: ** second-hand goods were exchanged and repackaged by buyers and rejected, after the seller uploaded the voucher, the platform rejected the seller's appeal, Rao Wei believes that it is necessary to clarify what the seller's appeal is after uploading the voucher, what is the reason for the platform's refusal, and on this basis, we can analyze whether the platform's handling method is appropriate.
Rao Wei said that if the merchant has the order information, product detail information, return logistics information and product information after receiving the returned goods, the merchant's evidence is sufficient to prove that there is a significant difference in the quality of the ** goods and the returned goods received, and the difference is caused by unnatural loss, and the merchant can require the consumer to bear the responsibility of returning the real sold goods and compensating for the loss. In this case, the platform shall cooperate with the seller to provide the buyer's basic identity information to assist the seller in protecting its rights.
Liu Junhai said that the platform first needs to judge based on the authenticity, legitimacy and relevance of the upload certificate. If the buyer sets up a fraud, the buyer can be sued to bear the relevant civil liability, and the second is that if the platform maliciously colludes with the buyer, it will bear joint and several liability, if there is no malicious collusion, it is only gross negligence, and in principle, the platform bears the corresponding liability for its fault.
Rao Wei suggested that the platform can establish a personal consumption credit evaluation mechanism, for example, on the same platform, the same buyer returns multiple times and faces multiple sellers or multiple complaints about the return of the same seller, the platform can take necessary reminders to prevent the loss of the platform seller.
Rao Wei believes that the platform should provide users with the basic information of the merchant, including but not limited to the identity, address, ** and other information provided by the merchant when registering, to assist the user in finding the merchant. If ** intervenes in the investigation, the platform should also actively cooperate to promote the investigation progress of the case. If the platform fails to fulfill its obligation to review the qualifications, qualifications and services of the merchant, the platform shall be jointly and severally liable for the losses incurred by the user in accordance with the law.
For fraudulent sales by merchants, the platform shall cancel its merchant qualifications, prohibit it from continuing to sell products or provide services on the platform, and shall set a higher penalty for punishment. Where the fraud constitutes a violation of the administration of public security, the relevant departments have the right to impose public security administrative penalties in accordance with law, including but not limited to fines, administrative detention, revocation of permits, etc., and where a crime is constituted in serious cases, criminal responsibility shall be pursued in accordance with law.
Manga Gao Yue
*:Rule of law**.