The lack of access to rights protection and the difficulty of proof is making the emerging business model of e-commerce overseas purchases fade.
The hair loss of cotton sweater is serious. Tmall luxury shopping lights up red
A few days ago, Caijing.com received complaints from consumers that the clothes they bought at Tmall Luxury's official direct-sale store had serious surface floating problems when they tried them on. The situation after washing was even more horrible. The consumer suspected him. I bought a fake.
According to consumer Mr. Chen (pseudonym), he has been following Alibaba’s official Tmall luxury stores. Before the Spring Festival, he noticed that his favorite brand MSGM had a stronger discount, and then placed an order to buy a yellow sweater with the original price of 1,696 yuan and the discounted price of 890 yuan.
Mr. Chen said that when he tried it on for the first time, he found that the black autumn clothes were stained with the yellow fluff of the sweater, and when he took it off, there would be a lot of floating hair in the air. Considering that he likes bright yellow, Mr. Chen did not choose to return the product, thinking that it might be improved by rinsing.
"Looking at the washing label, the sweater is made of cotton and can be washed with water, so I rinsed it in the gentlest mode of the washing machine, and did not use the spin-drying mode." Mr. Chen said that the result after washing was even worse, when it was still wet. Gently rub the inside of the sweater with your fingers, and the fluff will become a lump, and fall off like wet paper scraps. When it is dry, rub it gently, and a pile of hair will fall on the ground.
"I didn't buy brand-name sweaters less before, but it was the first time I encountered this situation." Mr. Chen said. So Mr. Chen contacted Tmall customer service, and the customer service responded that Tmall luxury products always insist on genuine products, indicating that it is normal for the floating hair to fade. Since the goods have been cleaned and affected the secondary sales, 150 yuan in cash can be returned to Mr. Chen As a compensation.
For the response of the customer service, Mr. Chen said that he could not accept it. Mr. Chen believes that the product page on the Tmall website does not indicate that it cannot be rinsed. After washing, the hair will fall wildly. It should be a problem with Tmall’s quality control or channels. In this regard, Tmall customer service further explained: "It is recommended to wash by hand. The delicate clothes of this brand require special maintenance."
Finally, the customer service suggested that Mr. Chen can go to the nursing shop for treatment, or use a hair remover for treatment.
"They (Tmall) always emphasize that it is not a quality problem, why is the hair loss so serious?" Mr. Chen said, "Since it is not a quality problem, what does it mean to pay me 150 yuan?"
Self-certification is required for claim settlement, and there is no way for consumers to complain.
In response to this, Caijing.com contacted the customer service of Tmall Luxury. According to the product pictures provided by the customer service, the clothing is 100% cotton, which can be hand-washed, not bleached, dry-cleaned, not reverse-dried, and ironed at low temperature. Regarding the shed response from consumers, the customer service responded that good pure cotton fabrics are all physically sanded, and this process will leave a thin layer of fluff on the surface of the fabric. Because of the sanding process of the surface layer, some tiny plant fibers will fall off before use. This is because plant fibers are not as strong as chemical fibers.
The customer service has always emphasized that the store is directly operated by Tmall Luxury Alibaba. The product channels are directly sourced from Europe. The quality is guaranteed and the authenticity is 100%. The entire process from procurement to warehousing sales is fully controlled by Alibaba employees. The goods procurement chain The road is complete and regular to ensure the authenticity of the goods.
When Caijing.com asked whether it could provide the corresponding purchase list, or showed the authorization agreement of the brand, the customer service said that it could not provide it to individuals. Regarding the question of how to ensure that it is 100% genuine, the customer service said that if you are not assured, you can get the counter to let the staff show it.
At this point, both the seller and the seller had their own opinions, and the rights protection had reached a deadlock.
In order to find out what happened, Caijing.com re-purchased a sweater of the same style in the store, and conducted a series of attempts to find ways to protect the rights of overseas purchases and provide evidence as an ordinary consumer. However, the whole process that followed exceeded everyone's expectations.
First of all, according to the customer's reply, Caijing.com brought the newly purchased sweater to a MSGM store in Beijing and asked the clerk about the product information. In the shop, the clerk seemed helpless when faced with the floating hair that rose up instantly from this sweater.
"Because the clothes are not purchased in our store, the identification cannot be performed" said the clerk. At the same time, she said that the current clothes in the store are lint-free models, and the velvet models may be past styles, but in the past, the styles in the store have never had any floating or shed hair. "We haven't seen this in our store," the clerk emphasized.
On the official website of MSGM, Caijing.com also did not search for this style of sweater. Subsequently, he left a message in the message channel of his official website and sent an email to his official mailbox for consultation, but as of the time of publication, no reply has been received.
Next, Caijing.com dialed MSGM’s Chinese agent, Shanghai Oulan International Trading Co., Ltd., to try to understand the brand’s agency and sales channels in China. After learning Caijing.com’s intentions, the other party hung up on the grounds of inconvenient disclosure. The phone was disconnected.
The road to brand verification was unworkable. As a last resort, Caijing.com dialed 12315 for help, but the call was kept busy after repeated calls.
Finally, Caijing.com took the newly purchased sweater and the unit authorization letter to a textile industry testing center, but the staff bluntly said after understanding the situation that the test cannot be accepted because of the problems of "flying" and "falling velvet". The country has no hard and fast rules, which looks more like a process problem.
So far, after trying all the possible solutions that ordinary consumers may choose, such as official websites, agents, specialty stores, and third-party testing, things still have no results, there is no way to defend their rights, and there is no really effective and practical way to solve the problem.
Not only is it difficult for consumers to provide evidence to protect their rights for overseas purchases, but even from the perspective of industry professionals, their views are different.
Zhao Zhanzhu, a researcher at the Intellectual Property Center of China University of Political Science and Law, believes that in accordance with the law, whoever claims to provide evidence, consumers should provide evidence if they think the product is defective. If the product cannot be proved by the naked eye, it must be authenticated by a more professional organization. Or after the two parties negotiated, Zhao a jointly commissioned agency to appraise, instead of sending the product back to the merchant for his own judgment.
A person in the clothing industry told Caijing.com that the easiest way is to contact the brand for identification. Luxury goods must have a brand protection department, but the brand may not accept this application.
In addition, if the seller does not think it is a problem with its own product, then whether it is the consumer's improper laundry behavior or the product itself needs to be determined by a third party.
People in the industry believe that hand washing is indicated on the sign. If there is a problem with the machine washing, this is controversial. However, if you want to determine whether the clothes meet the national standards, you can go to a third-party professional organization for testing to detect shrinkage, pilling and other content.
She pointed out that according to my country's standards, fabric inspection is divided into three aspects, including the appearance quality inspection of the fabric, physical indicators, and safety performance. According to the mandatory national standard "National Basic Safety Technical Specifications for Textiles" GB18401-2010 officially implemented on August 1, 2011, the sale of unqualified clothing and textiles will be prohibited.
At the same time, this industry person said that the cost of testing is very expensive, and one test may be enough to buy a piece of clothing, and it is not very certain whether the washing test is effective.
"Even if consumers consume a lot of material and manpower, they may not be able to achieve relatively satisfactory results." People in the industry pointed out in particular.
Complaints about overseas purchases remain high, and there are huge difficulties in protecting consumers' rights
With the development of the Internet economy, overseas purchases have become one of the main shopping methods for many consumers. However, since the birth of overseas purchases, due to the wide range of sources of goods, the multi-origin, and multi-channel model, overseas purchases not only face the problems of non-fulfillment of promises, false propaganda, and payment security faced by ordinary online shopping, but also The authenticity is difficult to distinguish, the proof is difficult, and other severe tests. Once quality disputes arise in overseas purchases, how to appraise them, and where to appraise them, has always troubled consumers.
Previously, the Net Economics-China Electronic Commerce Research Center conducted a survey of more than 1,000 cross-border online shopping consumers, and the results showed that product quality assurance is the main factor that guides cross-border online shopping consumption decisions, accounting for 91.28%.
According to the data released by the "Black Five Haitao Hot Spots Complained by Platforms in 2017", the results show that Xiaohongshu, 86mall, Amazon China, Tmall International, Jumeiyoupin, Yangquan, Xiji.com, Temple Platforms such as Library, Parami, Fengqu Haitao, etc. have all been complained by consumers. The problems involved false promotions, suspected fake sales, slow delivery, and difficulty in refunds.
On January 23, 2018, the website of the China Consumers Association published the "Analysis of the Acceptance of Complaints by the National Consumers Association in 2018", pointing out that the difficulty of "haitao" product appraisal was one of the eight major complaints, and it became a pain point and difficulty in consumer rights protection.
Qiu Baochang, a member of the Expert Committee of the China Consumers Association, pointed out that a statutory agency is required to appraise the authenticity of products. However, according to the trademark law, the appraisal is generally carried out by the brand owner, not the consumer. Fake, it is difficult to return.
The assistant analyst of the Legal Rights Department of the E-commerce Research Center told Caijing.com that when consumers purchase overseas products from self-operated platforms and have quality problems, in accordance with the provisions of the e-commerce law, the platform shall bear the main responsibility. The platform should verify the origin of overseas purchasing agents, including distribution channels and transportation channels, so there should be no problem at this point for the platform to assume responsibility if there is a problem.
Meng Huixin suggested that when consumers choose an overseas purchasing platform, they must be optimistic about the platform's commitment in advance. For example, it promises "fake one pays ten" and promises that the platform will undertake "three guarantees" services; operators are required to give longer unreasonable returns and provide some after-sales services. In addition, as a communication platform between overseas merchants and domestic consumers, cross-border e-commerce platforms should undertake the communication and coordination obligations of cross-border consumption rights protection.
Today, such cases lack practical and successful case support, which also affects consumer confidence to a certain extent and casts a shadow on the development of the industry. Relevant professionals suggest that product identification in the cross-border online shopping field is complicated. It is hoped that consumer associations and relevant departments will work together in this field, and businesses should also earnestly assume their due obligations and responsibilities.
The industry believes that if there are problems with the overseas products purchased on the Tmall platform and even other e-commerce platforms in my country, there are still great difficulties in maintaining quality rights. Therefore, the problem of how to make up for the gaps in the identification of overseas purchased products should be even greater. attention.
Zhu Cambridge, Vice President and Secretary-General of the China Consumers Association, suggested that the trademark owner’s identification rights and identification obligations and responsibilities should be clarified at the legal level, and the seller should be guaranteed the true source of the product, legal authorization, etc. And information disclosure obligations.
In addition, relevant experts suggest that foreign brands can work with domestic third-party agencies to establish overseas shopping identification centers in China. At the same time, for overseas purchase platforms that are not honest, the regulatory authorities should deal with them accordingly and be included in the untrustworthy blacklist in a timely manner according to the situation.
The latest news is that on March 14th, the public opinion has been hotly debated about consumers' complaints that the Canadian goose down jackets sold by NetEase Koala are suspected of being "non-genuine". The regulatory authorities have released the findings and concluded that they are genuine. According to relevant media reports, the complainant, Ms. Jing, was not satisfied with the result. “It is not just the authenticity of the clothes, but more importantly, they have violated the Consumer Rights Law in the entire process of handling the incident. "