Recently, with the "good luck spray" "Einstein's brain".
scolded to wake up the love brain" and so on.
Nonsensical products are selling well on some e-commerce platforms.
These products only provide emotional value, but they don't actually have that effect and can't be actually shipped.
The current laws and regulations of our country.
There is no clear regulation for this kind of emotional virtual goods, but experts believe that the rules should not be missing, the platform should strengthen the compliance inspection of goods, and the merchant should also fully ensure the consumer's right to know.
Emotional virtual products are in demand
Recently, a product called "Good Luck Spray" on an e-commerce platform has been selling well, causing widespread discussion among netizens. On the product detail page, it is displayed, "Spray and spray all the troubles are eliminated, and they are all said to be easy to use", and there is a reminder: the product is a virtual commodity, no logistics is required, and the buyer needs to directly confirm the receipt. Entertainment items, if you don't like it, you can get a refund, and those who mind should shoot carefully! Not long ago, Zhang Yuting, a college student in Beijing who took the graduate school entrance exam, told reporters that a few days before the graduate school entrance examination, in order to add positive psychological hints to her exam, she bought a "good luck spray", * of 0$5. According to reports, this product is mainly to provide entertainment chat services, and buyers can go to customer service to chat. The reporter learned that virtual goods such as "Good Luck Spray" that provide emotional value have been in demand recently, with prices ranging from a few cents to a few yuan, which are popular with young people. Every exam season, the sales of virtual goods with blessing meanings such as "offer good luck spray" and "exam editor ashore" will usher in a wave of skyrocketing. This kind of product is not actually shipped, and consumers usually know that the product does not really exist, but only buy this positive psychological cue to relieve personal pressure and obtain emotional value. "Einstein's Brain" is a particularly hot product. The seller claims that "it automatically grows to the brain after payment", "IQ 1", "can be sent to relatives and friends", etc. The reporter found on an online shopping platform that a store selling "Einstein's brain" sold tens of thousands. When purchasing, you can choose from 24 sub-products according to your needs, ** from "Universal IQ +1" (priced at 0.).01 yuan) to "love IQ + 1000" (priced at 5 yuan). It seems to be a joke product, but it can explode in the market. In this regard, Liu Qian, a national second-level psychological counselor, believes that this reflects the pursuit of emotional value by contemporary young people. "At present, young people are paying more and more attention to the observation and release of their own emotions, and consumers spend money not to buy real 'smart', 'lucky', 'love' and 'wealth', but their own yearning and longing for a better life. ”
Whether there is a legal basis for the sale
People in the legal profession believe that although virtual goods can bring mental relief, they still have to be questioned by the law in the real world. So, under the current laws and regulations in China, is there a relevant basis for the sale of such emotional virtual goods?Xiong Chao, a lawyer at Beijing Jingshi Law Firmtold reporters that at present, there is no clear specification for this kind of emotional virtual goods in China. In practice, there may be some problems, such as unauthorized use of other people's trademarks, brands or copyrights, which may lead to legal disputes and damage to the brand image. Secondly, some virtual goods may involve gambling, pornography, illegal public order and good customs and other bad information, which has a negative impact on society. Professor Chen Zhongyun of China University of Political Science and LawIt is believed that many "nonsensical" products have exaggerated descriptions, such as "Einstein's brain automatically grows on himself after placing an order", "after taking a picture, he becomes a god who must pass every test".For some consumers, it may be easy to misunderstand. "If elementary school students with low cognitive ability see such a narrative on the platform, if they do not have sufficient discernment, they may believe it to be true, then the product has the element of false advertising. "InMarket analyst Liu HuanIt seems that it is strange for many people to get a lot of sales out of thin air just by providing the so-called emotional value that cannot be seen or touched, and this aspect needs to be regulated by law. "From another point of view, emotional virtual goods can only make consumers pay for the effects of increasing intelligence and transshipment that they can't do in a serious wayIts behavior is free from the provisions of the law, and it can only operate by relying on the tacit understanding between the operator and the consumer. "Although sales are hot, there have been some recent purchasers who have questioned emotional virtual goods. Consumer Xiao Zheng told reporters that he bought an emotional virtual commodity, but the merchant did not even send the blessings written in the introduction, and the contact merchant only had a preset answer given by the robot, which was very perfunctory, "although it is not expensive, I still feel deceived."
Expert: Rules can't be missing
Some experts believe that goods can be virtual, but the rules must not be missing. Xiong Chao suggested,In the absence of specific legislation on this issue, e-commerce platforms should first strengthen the inspection of the security and compliance of virtual goods to ensure that the content of goods is healthy and upward. "Once the platform discovers that the goods have not obtained a business license, or belong to the goods or services prohibited by laws and administrative regulations, it shall take necessary measures to dispose of them in accordance with the law and report to the relevant competent authorities. Chen Zhongyun said that in accordance with the provisions of consumer rights protection, operators have the obligation to provide true and comprehensive information; According to the relevant provisions of the Advertising Law, advertisements must not contain false or misleading content. "Merchants should describe the goods in detail and remind consumers to provide only emotional value to ensure that consumers have the full right to know and the right to fair trade. Chen Zhongyun also reminded consumers,When purchasing, pay attention to protecting the security of personal information, prevent information leakage, and do not easily transfer money or meet offline to avoid economic losses or other harm. The Jiangsu Provincial Consumer Protection Commission recently called on merchants or platforms to explain the true situation of the goods on the product promotion page when selling virtual goods, and can also clearly inform consumers of the particularity of the goods they purchase by means of unified labeling of relevant virtual goods or reminders when placing orders, so as to protect consumers' right to know and avoid consumer disputes. Relevant platforms should earnestly perform their management obligations, pay close attention to the complaints and public opinion of this emerging consumer product, and come up with a charter for its management and after-sales service in light of the actual situation, so that virtual goods have rules to follow.
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