Zhou Dafu's price was wrong. A couple bought 250,000 yuan in gold jewelry, but was sued!Court: The reason for revoking the online shopping contract is ...

Edit: Duan Lian, Gai source

On the evening of September 28, the topic#40,000 bought Zhou Dafu 250,000 gold ornaments.

In this regard, some netizens said: "Based on major misunderstandings, it means unrealized civil legal acts."

Some netizens said: "This can't blame customers, it is caused by my own mistakes" "The Chow Tai Fook gold decoration I bought can not be retreated from the cabinet" "What is your problem about customers?" "Good advertising opportunities Only 200,000, wasted by Zhou Dafu. "

In January of last year, Zhou Dafu was exposed to sacrifice wool. Many netizens found the price bug. Some netizens said that Zhou Dafu's official flagship store "Gold Dasing price", which purchased the gold bracelet with a price of nearly 50,000 yuan. It is about 7,000 yuan. A couple spent 40,000 to buy a 250,000 gold jewelry of Zhou Dafu and refused to withdraw the order.

Recently, the court announced the first trial of the case.

Picture source: Zhou Dafu Weibo

40,000 bought Zhou Dafu 250,000 golden trim and husband and wife were sued

Qixinbao showed that recently, the civil judgment of the first instance of the civil trial of Shenzhen Zhou Dafu Company and the husband and wife of Wang Mou was made public.

Picture source: Qixinbao

The document shows that on January 16, 2021, the technical personnel of Shenzhen Chow Tai Fook Company had an error, setting the price of the online store series of gold jewelry to be lower than the daily price.

On the same day, Wang and Ling Moumou spent more than 40,000 yuan to buy 12 gold jewelry. The difference between these jewelry and the daily sales price was about 209,100.

The next day, Chow Tai Fook communicated with the defendant and informed the technical personnel of the price department to operate an error and asked to cancel the order, but the defendant was rejected. After that, Chow Tai Fook contacted the two many times and paid 500 yuan.

Zhou Dafu Company sued that there was a major misunderstanding of the contract for the contract, and the performance of the contract was failed, causing a great loss of the plaintiff, and requested the court to terminate the contract between the two parties.

The court believes that first of all, the parties to the contract must follow the principles of fairness. The contract established by one party due to major misunderstandings has the right to request to cancel it. Judging from the price and actual price of the plaintiff, the plaintiff's prices of the gold jewelry involved in the case on January 16, 2021 were marked as far lower than that of the purchase and actual sales price. The number of gold jewelry styles that was set up by the plaintiff this time was not a minority. It can be seen that the plaintiff was not intentional falsely marked price fraud consumers, and the defendant failed to provide corresponding evidence to prove that the plaintiff had low -cost promotional behaviors. The plaintiff expressed an error to the defendant through the Tmall platform customer service the next day after purchasing the defendant, and expressed apologies. Afterwards, the corresponding compensation should be proved to be able to prove that the plaintiff's meaning of the establishment of this online shopping contract is wrong. According to the principles of fairness, the contract shall be revoked according to the principles of fairness.

Secondly, although the date of the establishment of the online purchase and selling contract in this case has exceeded the period of the formal case of the case of the case of the case of revocation right, the plaintiff has applied to the hospital for online case in April 2021. The behavior should be considered as exercising The right to revoke, the date of this date knows or should know that the date of withdrawal is that on January 17, 2021, it did not exceed the exclusion period of exercising the right to revoke, so the defendant's claim on the plaintiff's request to revoke the order has exceeded the debate during the legal exclusion period. It is said that the reason is insufficient, and the court will not accept it. The plaintiff's appeal was reasonable and legal, and the court supported.

In the end, the court decided to revoke the online shopping contract set by both parties.

Event review: Gold sells "cabbage price"

Chow Tai Fook Customer Service: Page price error

According to the previous report of each network, in January last year, some users said that Chow Tai Fook Taobao's official flagship store gold reduced prices. The gold bracelet (87.64g) with a price of nearly 50,000 yuan is only 7455.7 yuan, which is equivalent to only 85 yuan/g; the gold pendant with a price of about 7,500 yuan, the actual payment amount is about 1,500 yuan.

Picture source: Douyin screenshot

According to the content released by the user, the two Zhou Dafu golden gold bracelets they purchased were 87.41g and 87.64g, respectively, and the total price was 6690.05 yuan and 7815.70 yuan, respectively. Essence In addition, the weight of a gold -footed pendant purchased by the user is 14.02g. After using the discount, the actual payment amount is 1559 yuan.

It is worth mentioning that the three products purchased by the user also include 4380 yuan, 4980 yuan, and 658 yuan.

At that time, the reporter of "Daily Economic News" browsed Zhou Dafu Taobao's official flagship store and found that the price of the same weight bracelet purchased by the user was about 48,000 yuan, and even if the purchase price of the coupon was about 45,000 yuan. When the reporter tries to submit the order, the page prompts the product to be currently out of stock. The price of the same weights purchased by the user is 7479.1 yuan, and the price of the coupon is 7247.8 yuan.

It is really surprising that gold is sold as cabbage, but even more curious, can the user receive the goods as expected?

When the reporter contacted the shop customer service and asked if he could buy the product, the customer service responded: "The price of the previous page was wrong, not the actual price." It will be shipped, and a commissioner will follow up with this. "However, the reporter found in the video comment area released by the above Douyin users that the user's latest replies:" The small parts of the purchase of the purchase have been shipped. "

It is worth noting that if calculated by the bracelet purchased above, the price per gram of gold is only about 70 yuan. When the reporter asked the current gold price of the customer service, the other party replied: "As of 14:16 on January 17, 2021, the gold price was 495 yuan/gram.

Picture source: Screenshot of Chow Tai Fook's official website

The above customer service also states that platinum, silver jewelry, and K gold products are not sold according to gram -to -grade, and the price displayed on the page is subject to the price display (except for special styles such as customization and pre -sale/booking). Foot gold is the highest purity of jewelry products stipulated in national standards, which refers to its precious metal content of not less than 990 ‰. The latest national standards have removed thousands of feet, so there are no thousands of money, and the highest is sufficient gold.

When e -commerce was "woolen wool", it happened

In fact, there have been many occurrences of such price Oolong incidents. For example, Apple, JD.com, etc. are all incidents of woolen wool because of the system price bug.

On December 23, 2020, a number of netizens feedback that the price of Apple China official website is now oolong. The price of thousands of yuan is priced at one or two hundred yuan, which has attracted many people to make wool. In these BUG prices, many products have been reduced by 1,000 yuan compared to previous prices. For example, Shure Motiv MV88 Digital stereo capacitive microphone should be 1288 yuan, while the bug price is 235 yuan; Ubtech Jimu Astrobot Cosmos robot kit, the normal price is 1499 yuan, but the bug price is 149 yuan.

Perhaps Apple uses the same price system online and offline. Many netizens reported that in Apple physical stores also succeeded in wool, and bought related products at the "bug" price. Some people bought 10 sets of orders, some bought one or two sets, and some people bought 999 sets crazy.

The price of e -trading wrong products is a common event. Some stores will send mistakes to users, which will become full users. However, some e -commerce will cancel orders, which is reasonable. Apple clearly states in the relevant purchase clauses: if the pricing is found, the user will be notified to cancel the order and refund it in full.

It is reported that there were some errors in the price statistics of Apple China at the time of the price of the price of the price, but it was repaired soon, and some products involving price oolong were also removed for protection.

In early 2020, JD.com's 200 yuan coupon use rules set up errors, and some low -cost small appliances could also be used, resulting in a large number of small appliances of about 200 yuan was swept away. Only one oven was placed 240,000 times, and the price was only 6 yuan.

Subsequently, JD.com responded to the Voice of China that due to the short -term abnormality of the relevant coupon settings, some customers encountered the coupon that did not match the coupon and the goods did not match the goods. Based on the attitude of being responsible for consumers, the goods that have been shipped have not yet been treated accordingly. The products that have not been shipped and distributed will strive for consumer understanding and cancel the order order.

According to the Voice of China report, Zhao Zhao, deputy director of Beijing Zhilin Law Firm, said that after the consumer places the order, the two parties buy and sell contracts, and JD.com shall fulfill the obligation of the contract. However, if there is a major misunderstanding of the contract, JD.com can also apply for a cancellation of the contract.

Zhao Occupy: "If JD.com has evidence to prove the price or discount plan, it is wrong. Because of the technical reasons or internal employee operation, it is wrong. The prescribed significant misunderstanding is the revocation of the contract. However, there is evidence to prove that there is indeed major misunderstanding. At the same time, the contract should be revoked through a legitimate and legal channel. "

- END -