On June 18th, it was the anniversary of the well-known e-commerce company Jingdong Mall. On that day, the top 10 e-commerce platforms in China launched the â€œEncirclement and Weaponsâ€ campaign for Jingdong Mall. Suning Tesco also shouted the slogan of â€œSuper 0 Yuan Purchaseâ€. It promised to return to the same level after the online payment is successful. General ticket for the amount of money paid.
Since the start of the promotion, due to heavy traffic, Suningâ€™s e-shopping order system has become overwhelmed, resulting in abnormal orders for some orders, which has caused controversy among consumers and consumers about the â€œrebate tradingâ€. In this regard, some consumers believe that all orders are subject to the rules of the event and should be repaid.
At the same time, industry insiders said that the accident showed that Suning's e-commerce system has major defects. Its previously announced trading rules are part of the terms of the contract, and unilateral changes to the trading rules are legally invalid and should be liable to the consumer for breach of contract, that is, the payment amount shall prevail in returning the equivalent shopping voucher.
In response, Su Qing, deputy director of Suning's eProcurement Market Management Center, said in an interview with the reporter of the â€œDaily Economic Newsâ€ that due to the concentration of consumers starting at 10:00 on June 18th, the system failed to deal with it in time, resulting in information not being processed. symmetry. Suning E-Commerce made public the list of the top 20 consumers who can successfully submit orders based on the system and can obtain rebates within the first time. Other consumers can choose to purchase or return goods normally.
Event: The order system was overwhelmed. Many consumers told the Daily Economic News that they had participated in Suning's â€œSuper 0 Yuanâ€ campaign on June 18. They purchased the iPad 2 model MC769CH/A (Black). After the order was placed, due to the system problems of Suning's e-commerce website, many orders could not be paid properly, and payment was delayed afterwards.
Subsequently, the consumer logged in to Suning's website at noon of the same day and discovered that some of the orders were displayed as "payment completed", and some orders were displayed as "abnormal orders." Therefore, they asked Suning Tesco customer service, was informed that the system was under maintenance, submitted their opinions, and would restore the â€œabnormal ordersâ€ to normal status. They asked whether they could return the coupons and were told to see the coupon redundancies if they purchased them. If the quantity of goods is not "0", there will be an equivalent amount of coupons.
Ms. Liu told the reporter that there were still margins in the rebate products. Even after the purchase was completed, they could still see that there was a balance of coupons that could be redeemed. It took up to 24 hours for customer service to answer the coupons. Mr. Zhou said that at the same time, he contacted online customer service to inquire about abnormal orders and rebates. The customer service only said the maintenance system. He later dealt with it and was told that the rebate would be returned after 24 hours. It is suggested that the next day (ie 6 On the 19th) pay attention again.
Suning Tesco: You can choose to purchase or return this. When interviewed by a reporter from the â€œDaily Economic Newsâ€, Yan Qing stated that the iPad 2 is a key product for everyoneâ€™s attention and rush to buy, as consumers are concentrated at 10:00 on June 18. Buying, tens of thousands of orders will be successfully submitted in 1 second. The 20 iPads have previously been publicized. According to stable traffic, one unit will be deducted after one unit is sold. However, due to the system's failure to handle large orders in a timely manner, information asymmetry is caused. During the first time, Suning's e-shops will publicize the list of the top 20 consumers who can successfully submit orders based on the system and can obtain rebates. Other consumers can choose to purchase or return goods.
However, some consumers believe that the list is based on the order of payment time, but the text of the announcement and the website of Suning's official website havenâ€™t displayed the words â€œThe activity is based on the payment timeâ€, but it is only answered by Suning's customer service. When people asked and complained, they mentioned that the â€œtop 20, whichever is the time of payment,â€ was used, and such a reply had not been given before noon on the 18th. Therefore, they believe that this point is inconsistent with the real activity rules and cannot be established. It is a temporary adjustment strategy for Suning to reduce its own losses, and it does not dare to announce and clarify on the official website.
In addition, Mr. Chou believes that all orders will satisfy the activity rule â€œIf the online payment is successful, you will be able to get a rebate equivalent to the actual payment (without the coupon part)â€ and you should get a rebate. The order as a contractual basis for e-commerce transactions has validity, and Suning eCommerce has not fulfilled its contractual obligations.
It is understood that at 17:00 on June 18th, Suning Tesco announced the purchase of iPad2 and the list of people who received rebates (a total of 20), but there is a phenomenon that consumers find it difficult to understand: the first time to complete the payment is 10:00 : 03.630, 3.630 seconds after the start of the cum event has completed the entire order and payment process. The consumer Mr. Shao said that the list published by Suning's Tesco is really confusing. How did the 3.630s arrive?
The other consumer, Mr. Zhao, had a snap-in time of 10:00:17, but he failed to enter the list of rebates. Instead, the snap-in personnel from 10:00:25 to 10:00:44 were on the list. As a result, many consumers have disputed the list published by Suning's Tesco on fairness and transparency.
Consumers: The rights protection alliance has been established. Consumers established the e-commerce rights protection alliance forum on June 19th. As a representative of the e-commerce rights protection alliance, Mr. Zhou said that Suningâ€™s Tescoâ€™s failure to redeem coupons according to the rules is not a problem encountered by a small number of consumers. Within a few hours of the establishment of the e-commerce rights protection alliance, many netizens have signed their real-name rights.
There is another reason for consumer rights protection: They think that Suning Tesco has modified the rules. According to Mr. Chow, the rule suggested when placing an order is that â€œSuper 0 purchase activity has a limited number of items. You must first seize the product and grab it until the end. The product details page prompts you with the remaining rebate quantity of the product.â€ There is a problem in the system. After that, the other party changed the rule to read "Super 0 Yuan purchase activity has a limited number of items, pay first, get it to the end. The product details page promptly prompts the remaining rebate quantity of the product."
The e-commerce rights protection union wrote to the Nanjing Administration of Industry and Commerce. â€œOn the case of Suning's e-commerce participation in the 'Super 0 yuan purchase' purchase of the iPad2, it has encountered an irreproducible situation statement and rights protection claimsâ€, Suning's e-shopping customer service had contacted them one after another. Or, for lack of goods as the reason, persuade people to return; or inform not within 20 rebate quotas, let everyone accept the goods or take the initiative to cancel the order; after a customer service once said that if you receive the goods, you can return 200 yuan later vouchers. As of the consumerâ€™s request for rights protection, there were calls from the customer to the customerâ€™s customer. They claimed that they would receive 200 yuan coupons regardless of whether they received the goods or returned them, in order to persuade everyone to receive the goods or cancel the order as soon as possible.
Insiders: rules become the core of the complaint For the above incident, IT legal person Zhao Occupied that most of the e-commerce companies had caused collective complaints and even prosecutions for promotions. The core reason basically revolved around two words: rules. Either it is a direct violation of legal rules, such as false propaganda or unilateral statutory cessation, or the ambiguity of a custom trading rule or the temporary change of trading rules.
Suningâ€™s event is the latter case. The specific reasons are as follows: First, the initial trading rule is â€œfirst come first, grab the endâ€, in which â€œfirst come firstâ€ has two different understandings, that is, the person who placed the order first First-come, first-servant first-served. In accordance with the provisions of Article 41 of the Contract Law, if there are two or more interpretations of the format clause, an explanation shall be made for the party that is not conducive to providing the format clause. Therefore, "first-come first-served" should be interpreted as "first order first-served." Second, in the initial trading rules, there was a different understanding of "first come first," but none of them showed that only the top 20 can enjoy the rebate treatment. Instead, they indicated that "the commodity details page promptly indicates the remaining rebate quantity of the product." "Precise, but did not prompt the remaining number in the transaction process, showing that the trading rules are very unclear, and the subsequent amendments to the rules show that only the top 20 are eligible, which means that the number of stocks is limited to 20 units afterwards." Third, even after the unilaterally revised trading rules and the published list of consumers eligible for rebalancing, there are still some consumers within the top 20. This shows that not only the trading rules are not clear, are arbitrarily changed, and there are no Follow the revised trading rules. "The transaction rules previously announced by Suning's E-shops are part of the terms of the contract. The unilateral change of trading rules is equivalent to unilateral modification of the contract. It is legally invalid and should still be based on the original trading rules. Failure to comply with the trading rules constitutes a breach of contract. Responsibility for breach of contract with the consumer is primarily a fulfillment of a prior commitment, that is, the payment of a voucher equal to the payment amount.
Lu Zhenwang, an e-commerce observer, also claimed that Suning's â€œSuper 0 Dollar Purchaseâ€ was not only a problem on the iPad2, but also had a problem with â€œ0 Yuan Book Purchaseâ€. Suning's e-commerce cannot be rebated at all in a systematic way. For example, on the â€œ0-yuan purchaseâ€, there is a lot of manual participation in the review and rebate. Because of the large number of purchases, manual auditing will definitely cause problems. It can be explained that Suningâ€™s e-commerce shows that there are major problems with its technology system, leading to problems in the timing of the publicly announced rebate list consumers and consumers who have not obtained rebates. In particular, on the day of buying on June 18th, only more than one million people logged in. The system's carrying capacity failed to withstand the test, and there were more than one hour of direct failure to log on to the website.
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