Sichuan -Chongqing released a blind box APP consumption survey report, 7 major issues were exposed

The price of the box is lower than the "stable earning" of the product price in the box.

The must be "" Value -for -money guarantee "," genuine guarantee "... Compared with the traditional offline blind box sales of tide players, the blind box app covers digital, beauty, clothing, daily department stores, food and other product categories, which are consumed Those who get different products in the form of online raffle, attract consumers to continue to order through the fiery advertising propaganda.

However, behind the "all things can be blind", there are many problems hidden online gambling, consumer fraud, and faulty fairness. On the 16th, the State Administration of Market Supervision issued the "Guidelines for Blind Box Business Activities (Trial) (Draft for Soliciting Opinions)" (hereinafter referred to as soliciting comments), which intended to regulate the content, form, sales objects of the blind box sales. On the 22nd, the Sichuan Provincial Protection Consumer Rights Committee (hereinafter referred to as the Sichuan Consumer Council) and the Chongqing Consumer Rights Protection Committee (hereinafter referred to as the Chongqing Municipal Consumer Council) jointly released the Consumption Report of the Blind Box APP The truth behind consumption.

investigation

More than 3/4 of the investigators encountered a blind box quality problem

According to statistics, 86%of the investigators have downloaded the blind box app and purchased the product through the APP in the surveyed 1425 valid network questionnaires; ; More than one -third of the investigators spent 1,000 to 5,000 yuan on the Blind Box APP platform. And more than one -third of the investigators purchased their favorite products after 5 to 10 consumption; a quarter of the investigators purchased their favorite products after more than 10 consumption; I have not purchased the favorite product.

Multiple and high consumption brings various problems. More than three -quarters of the investigators reflected that there are quality problems in buying goods in the Blind Box APP, or "Three None Products", or the secondary sales of the boxed products, or inferior, disabled, or cottage. , Counterfeit products, or products near the shelf life, expired products, etc.

61%of the investigators report that the price of goods purchased through the Blind Box App is higher than the market price, which is separated from the original intention of most surveyes to choose the blind box app shopping.

80%of the investigators reported that they had encountered a rebate and exchange disorder. The blind box app platform agreed to return the exchange or refund, but 46%of the refund of the replacement goods for a long time; Essence

The gameplay "routine", "stable earning" is an illusion

In the experiential survey of simulated consumer behavior, investigators use market share, cumulative download volume, and Sichuan -Chongqing complaint as a comprehensive selection criterion. A total of 10 blind box apps are selected. 10 survey samples, a total of 100 effective samples were completed, and 7 outstanding problems were found.

The information publicity is incomplete and infringes consumers' right to know. The above 10 APPs only publicize the information of the business certificate, and the rest have not been announced. In addition, the 8 APPs have the problems of lack of information such as product barcodes, quality inspection signs, and manufacturers in the blind box. The two apps also have the problem of secondary labeling of product information.

The gameplay "routine" violates consumers' right to trade. The survey found that in response to consumers who disliked goods, 10 blind box apps all set up gameplay such as recycling, disassembly, selling, replacement, but there are various "routines". For example, the formulation of the law of playing is not clear, and the price of 7 APPs is required to withdraw the price of 10%to 40%as a liquidated damage or handling fee. For another example, most blind box app refund does not support returned to the original payment account, and is replaced by a platform virtual currency to replace the refund. Continue consumption and repeated consumption.

The price of the 10 blind box apps is basically lower than the price of the box in the box, but through the analysis of the price comparison, it is found that the price of various blind box app products is generally higher than that of other similar products of other e -commerce platforms. At the same time, the products received by the nine APPs are inferior and secondary sales. Some blind box products are shipped by an online shopping platform and Yiwu.

There are many obstacles to after -sales service, and merchants are negligent in performing quality guarantee obligations. 10 blind box apps do not support 7 days without reason to return. The survey report pointed out that due to the required user to bear the freight or compensation for some freight; the feedback channels of the after -sales service are not smooth, and the 10 APPs have no dedicated return to the loan port port or channel. Processing; no return on quality problems after feedback quality, consumers apply for returns due to quality problems.

The operator's legal awareness is weak, and the format contract has repeatedly found the "overlord clause". 10 blind box apps have fully reminded users to read and confirm the user agreement and privacy policies, but the content of the user agreement and privacy clauses is unclear, the rules are unclear, there are clauses restricting consumer rights or exempting operators' responsibilities. Those who use APPs or consumption are the provisions of recognition format clauses. Consumers are often difficult to read and understand carefully, and it is easy to fall into the "Overlord Terms" trap of carefully weaving.

Send an unsafe web link link, and there are hidden dangers of personal information. 10 blind box apps need to use mobile phone numbers or obtained WeChat, QQ and other authorization when logging in to the platform. Although no mandatory collection of non -necessary personal information is found, there is a situation where the third -party unsafe web page is linked. Users need to be on WeChat on WeChat. The platform is opened, and there are hidden dangers of personal information leakage. Minors' protection mechanisms flow in form. Although 10 APPs explain in the user protocol that minors should be used under the supervision of the guardian, they lack functional settings that need to be obtained by parents. form. Some blind box apps introduced women's clothes in the video, which can easily affect the physical and mental health of minors.

Comment

The original flaws are not failed to be fair

The survey found that some blind box app user protocols have unfair format clauses, such as the original flaws do not belong to after -sales, do not support the original refund, unilaterally modify the service terms at any time, etc., infringement of consumers' legitimate rights and interests.

One of the manifestations

A variety of blind box app user agreements stipulate that the original flaws, violent express delivery, non -controllable objective factors (weather, accidents, etc.) are not in the after -sales range; no reason for 7 days has not been supported.

Consumers' comment: According to Article 24 of the Consumer Rights Protection Law and Article 40 of the Product Quality Law, when consumers buy blind boxes, they find that the goods do not meet the quality requirements, and they have the right to require the blind box app to operate the operation If you return and exchange, the operator shall fulfill the obligations such as return, replacement, and repair. It shall not be used as the quality assurance and the obligation of after -sales service with the format terms. In addition, according to Article 512 of the Civil Code, the consumer's signing time is delivered through the online purchase of blind box products and delivered by express logistics; It was previously borne by the operator and the consumer was borne after delivery. When the original flaws, violent express delivery, and non -controllable objective factors have not been delivered when the blind box commodities have occurred, the risk of damage and loss of goods shall be borne by the operator. The operator shall not transfer the risk to consumers to bear the format terms.

Two of expression forms

A variety of blind box app user agreements stipulate that consumers use WeChat or Alipay to pay. When the purchase fails, the return amount does not support the return of the original payment account and does not accept any doubts; if consumers cancel orders before shipping Transfer can only be settled with virtual currencies; virtual currencies on the platform shall not be mentioned, and Renminbi cannot be exchanged in reverse.

The Consumer Consumer Comment: Such regulations are actually disguised to force consumers to buy their products, forced consumers to trade with the blind box app operator, and suspected of violating the provisions of Article 9 and 10 of the Consumer Rights Protection Law, violated Consumers' choice and fair trading rights to "independently choose to provide commodity or service operators, independently decide to buy or not buy any kind of goods".

Three -way form

A variety of blind box app user protocol stipulates that the user agreement can be updated at any time by the platform operator. The updated agreement terms automatically have legal binding power to continue to use the platform or registered users who have registered (any transaction), and the platform operator will no longer Notice.

Consumer Consumer Comment: According to relevant laws and regulations such as the E -commerce Law, the blind box app operator shall provide consumers with services with the "User Agreement" accepting the "User Agreement" according to the consent of the consumer and no right to modify the service terms in the unilateral part. The rules should be solicited publicly on the prominent position of the platform's homepage, and the content of the modification is publicized in advance before the implementation. Before fulfilling the above -mentioned public solicitation opinions and early publicity obligations, the user agreement that the blind box app has changed without authorization has no binding power to consumers.

Fourth expression of expression

A variety of blind box app user agreements stipulate that the types of platform products and services that the platforms that users can buy can be purchased by the platform that can be purchased by the platform are determined and explained by the platform.

Consumer Consumer Comment: According to the "Supreme People's Court on the Issues of Law on the Application of Laws of Cases of Trial of Online Consumption Disputes (1)", (1) ", paragraph 3," "The clause is invalid.

Five of Phase Five

A number of blind box app user agreements stipulate that the other Internet sites or resource links provided are not responsible; when users access the third -party website using the platform, the user may bear the risks that may cause the third -party website and related content to bear themselves by themselves. Essence

Consumer Commission Comments: According to Article 44 of the Consumer Rights Protection Law, consumers can purchase goods or receive services through the online trading platform, and their legitimate rights and interests are damaged, they can request compensation from sellers or servicers. If the legitimate rights and interests of consumers are infringed due to online trading platforms, they shall bear the corresponding responsibilities. The blind box app operator is not guaranteed or responsible for the website site, resource link, and third -party website provided by its services. This clause reduces the responsibility of the operator and increases consumer responsibilities. It should be identified as invalid clauses.

Suggest

Release format contract template standard normative blind box development

In the process of rapid development of the blind box market, there are many problems and chaos, but the blind boxes cannot be "blind rules", and the "blind box economy" cannot be developed blindly. Combined with the investigation, the Sichuan Provincial Consumer Council and Chongqing Municipal Consumer Council made eight suggestions.

Formulate a list of blind box platforms to regulate information publicity. Publicize the information of the legal business certificate, explain the changes in the pumping mechanism, the probability of winning, and the probability of update, and clarify the amount of commodities, the rules of the product, the probability of each product, to ensure the authenticity of the probability of winning the prize. Genuine verification channels. Publish a blind box format model, reject the "overlord clause". Strengthen the responsibility of the enterprise, and set the rights and obligations of consumers and operators fairly and reasonably in the contract. Administrative law enforcement departments have carried out special rectifications such as "overlord clauses" and "contract traps", especially to increase consumer obligations to some blind box platforms, unreasonable exemption of operators' responsibilities, set up charging projects, and forced binding sales without authorization. To increase investigations and expose a group of typical cases.

Establish a "Convention" tree "warning" and establish a "anti -addiction" mechanism. The blind box app essentially provides users with a gaming shopping activity, which should formulate a corresponding anti -addiction mechanism, such as the number of pumping boxes and the upper limit of the amount of the box. In particular, the protection of minors should be strengthened, and the defense addiction setting and parent monitoring system should be set up simultaneously, and the "Age Age Tips" logo is clearly given on the relevant interface.

The blind box does not "blind" rules, and severely cracks down on "blind" chaos. This survey found that there are quality problems, secondary labels, and non -new products for the products of the Blind Box APP. The quality supervision of blind box products should be strengthened, and the blow to counterfeit and shoddy products should be strengthened. It is strictly forbidden to use the banner of "blind" for blind box companies to sell counterfeit and inferior products to infringe consumer rights.

Blind boxes are not "blind" and guidance of rational pricing of blind box products. The survey shows that the price of various blind box APP platforms has a certain high height, and the price system of the blind box should be further standardized, the price marks and reasonable pricing should be further standardized. Relevant departments should increase the crackdown on prices, price fraud, unreasonable pricing and other behaviors. Essence

The "deserted gold medal" is unavoidable and improves the quality of after -sales service. This survey found that many blind box apps are actually e -commerce platforms with blind boxes "coats". Special characteristics to avoid e -commerce obligations. The rectification of this chaos should be strengthened. Blind box enterprises should actively fulfill the after -sales service responsibility. Blind box app should provide a special after -sales service port and complaint port, actively solve user after -sales problems, establish a convenient and effective complaint processing mechanism, openly open Complaint methods, processing processes, refund standards and other information.

Actively guide the blind box consumers and establish a health consumption concept. Driven by curiosity and fluke, many consumers quickly become crazy fans who consume blind boxes and indulge in it. Excessive obsession will not only bring a large economic burden, but also bring psychological pressure and life pressure. We must actively advocate consumers to establish a healthy and upward consumption concept, rational consumption, and acting.

Strengthen the self -discipline of the blind box industry and promote fair consumption. The Blind Box APP platform should strengthen the responsibility of the operator, actively respond to the call of consumers to achieve fair consumption, meet the demands of consumers fairly, enhance the contractual and legal awareness, and take effective measures to protect consumers' right to know, choose the right to choose, Fair trading rights, personal information protection rights, etc., provide consumers with high -quality goods and services.

Sichuan Rule of Law Daily-Rule of Law Sichuan News Client reporter Liu Wenhui

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