Telephone
02-77093611
Line
@fdlaw
address
17th Floor, No. 180, Section 2, Dunhua South Road, Da'an District, Taipei City
No compensation for incorrect price! ? Male sex industry operator tampered with orders and refused to ship goods｜China Television News Reported by Zheng Huiliang and Wang Chengyi/Taipei City
A well-known parent-child products website has a price error! A Mr. Gao from Taipei City complained to us. He saw in a mother’s club last month that the original price of diapers on a parent-child products website was 399. At that time, as long as he paid 80 yuan for shipping, he could take it home for 0 yuan. He immediately placed an order for 25 yuan. package, but unexpectedly, a few hours later, the operator said that the order had failed, that the 0 yuan was placed accidentally, and that he was only willing to ship one package of diapers as a compensation plan. Mr. Gao was very dissatisfied. Is it necessary to ship the goods if the price was wrongly marked? , continue to read our exclusive report.
The complainant, Mr. Gao, said: "The reason for the refund is that he (the operator) mistakenly implanted the diaper for 0 yuan, and then directly refunded the order." Looking back, Mr. Gao said that he thought he was getting a bargain at the time. I grabbed 0 yuan diapers, but unexpectedly it was all in vain. The complainant, Mr. Gao, said: "I think it's their (the industry's) problem. This has nothing to do with us consumers. You (the industry) marked the wrong price. It is you (the industry) who have to bear the consequences in the first place, so how could you handle this matter like this? It is really unreasonable."
I took out a screenshot of the order details. At about 1 a.m. on the 16th of last month, I saw the best-selling product "diapers" on the official website. The original price of 399 yuan has been reduced to 0 yuan. I only need to pay 80 for shipping and immediately placed an order for 25 packs. But what dissatisfied Mr. Gao was that the order failed not long after it was established. He even received a letter from the operator saying that the 0 yuan placement was a mistake and that he would use the original order with a shipping fee of 80 yuan to deliver a pack of 250 yuan. The diapers were offered as compensation, and if they did not accept the offer, they would refund the shipping fee of NT$80. The manager of the store said, "This adjustment (price) only lasted one night. Because the customers were fermenting in their community, many people came to buy it."
The industry continues to complain that the employees accidentally adjusted the wrong price, but in fact, similar situations occur one after another. Five years ago, the sports brand "Decathlon" accidentally marked a 2,000 yuan jacket as 0 yuan due to a big leak in its website system. In the end, the company chose to admit the problem. Compensation continued to ship goods as usual, but in 2019 NIKE marked the wrong price, and people rushed to order, but in the end their joy was in vain.
Explanation of the provisions of the Civil Code and Consumer Protection Act regarding pricing errors
Lawyer Li Yusheng from Fidelity Law Firm said: "If consumers place an order based on the price listed by the store, in principle, the contract between the two parties has been established, and the store needs to ship the goods in accordance with the contract." Although consumer protection officials and lawyers have different views, in practice some people still After grabbing a bargain, the judge finally ruled that there was no need to ship the goods. It still has to be considered on a case-by-case basis. However, the business operators still have to be careful before setting prices to avoid consumer disputes. When consumers place an order after seeing a price error online, the legal implications may vary depending on the circumstances. In general, the principles of consumer protection law and civil law provide mechanisms to protect consumers' rights and interests, but when dealing with such cases, the court will usually consider the circumstances when the contract was established and whether the consumer knew the price was wrong. If you face such a legal problem, it is recommended that you seek the assistance of a professional lawyer to ensure that your rights and interests are properly protected.
If an online store sells computers for 50,000 yuan each, but the price is incorrectly marked as 1,000 yuan, and a consumer places an order to buy it, can the store cancel the order?
In most cases, if an online store marks a wrong price, once the order is placed, the store needs to fulfill the order and cannot unilaterally cancel the order.
Legally, price is an important condition for the establishment of an order. Consumers place orders at low prices, forming a legal contractual relationship, and stores need to bear corresponding legal responsibilities. Stores cannot unilaterally cancel orders on the pretext that the price is incorrect, otherwise it will violate the legitimate rights and interests of consumers and laws and regulations.
However, if the store can prove that this is an obvious system error or technical failure, causing the price to be incorrectly marked, the store can communicate with the consumer, explain the situation honestly, and refund the paid money or propose solutions such as price adjustment. In this case, if the consumer agrees with the solution proposed by the store, the store can cancel the order and refund the money, but it needs to treat the consumer in good faith and safeguard the rights and interests of the consumer.
Court Practical Judgments
In Taiwan, there have been relevant court rulings regarding disputes over incorrect prices for online store orders.
For example, in 2013, the Taiwan High Court ruled on a similar case. At that time, an online store marked a product originally priced at 1,999 yuan as 199 yuan, and the website canceled the order after the consumer purchased it. The High Court ruled that the online store should fulfill the contract, that is, deliver the product at a price of 199 yuan.
In addition, in 2015, Taiwan's High Court also ruled against an online store that due to a system error, a laptop originally priced at NT$60,000 was marked as NT$9,999. The merchant canceled the order after the consumer purchased it. The High Court held that the merchant should fulfill the contract and deliver the laptop at a price of NT$9,999.
Based on the above judgments, it can be concluded that in most cases, if an online merchant causes a price error due to its own reasons and the consumer has already placed an order and paid the fee, the merchant should fulfill the contract and cannot unilaterally cancel the order. However, if the merchant can prove that a system error or technical failure caused the price error, the merchant can communicate with the consumer and propose a reasonable solution. Simply put, when a consumer makes a purchase offer to a merchant, and the merchant does not expressly indicate otherwise, the offer is deemed to have been accepted and the contract is established. After the agreement is established, the parties should perform their contractual obligations. If the merchant causes a price error due to its own reasons and the consumer has paid the fee, the merchant should fulfill the contract and cannot unilaterally cancel the order. If a merchant discovers that he or she has made any omission or error, the consumer may inform the merchant within the period when the consumer knows or should have known about it, but this right must not be abused.
Disputes over sales contracts in civil law: analysis and handling
1. Basic structure of sales contract
A sales contract in civil law refers to a contract in which one party delivers an item to another party and the latter pays a corresponding amount. Although the sales contract aims to achieve a balance between the interests of both parties, disputes may still arise during actual execution.
2. Product quality disputes
Disputes may arise from product quality issues, such as product defects, non-compliance with the subject matter of the contract, etc. When a buyer claims that the purchased goods are defective, disputes such as compensation and contract termination may arise.
3. Delivery and payment issues
The performance of the buyer's and seller's obligations regarding delivery and payment is also a possible point of dispute. Failure to deliver or pay on time may result in a breach of contract, leading to legal disputes.
4. Termination of contract and damages
When one party believes that the other party has breached its contractual obligations, it may seek rescission of the contract and claim damages. This involves legal issues such as contract interpretation and whether there is a breach of contract.
5. Right of subrogation
The right of subrogation refers to the right of one party to perform the contract on its behalf in order to protect its own interests and then demand compensation from the other party. This may also become a focus of disputes over the sale and purchase deed.
6. Court litigation and arbitration proceedings
When the parties are unable to reconcile, they may resort to court litigation or choose arbitration procedures to resolve the dispute. The court will decide based on the terms of the contract and relevant laws.
7. Negotiation and mediation to resolve disputes
Negotiation and mediation are another way to resolve disputes before entering into legal proceedings. The parties can reach a settlement with the assistance of a third party.
Conclusion
Disputes over sales contracts may involve many legal issues, and the key to solving them lies in clear contract terms and appropriate legal handling. When a dispute occurs, seeking professional legal advice as early as possible and adopting effective resolution methods will help protect the rights and interests of both parties.
Fuda Law Firm
Line：https://line.me/ti/p/@fdlaw
Tel:0277093611
Facebook:https://www.facebook.com/fudalawyer
website:https://fdlaw.com.tw/
e-mail:info@fdlaw.com.tw