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Luo Yonghao sells rotten flowers live. Why does he have no legal liability to pay compensation?
According to Weibo, 520 is the peak of rose consumption, but Luo Yonghao’s rose, which took time to sell live, was complained by many consumers on May 20 because the rose petals he received were wilted and rotted. In response to the rotten flower incident, Luo Yonghao said on his micro blog: all users who decide to buy the rose will receive double cash return.
In fact, according to the law, Luo Yonghao, the anchor, is not obliged to compensate the consumers for the rose rotten flower incident. Why does he have to pay for it? Today, I’ll talk with you about the legal responsibility of the live broadcast anchor for the goods.
1、 Why doesn’t Luo Yonghao bear legal responsibility for selling rotten flowers live?
In theory, there are three main bodies in the event: the anchor, the consumer and the seller. Luo Yonghao, the anchor, is responsible for shopping guide and recommendation. In law, he is the spokesman of the advertisement. The company that spends some time is the seller and the friend who buys flowers is the consumer.
Although it is recommended by Luo Yonghao, the transaction of buying flowers legally takes place between the seller and the consumer. If there is a quality problem with the flower, the consumer should find a time to pay back the company. It’s like when you go to the supermarket to buy things when you see the product ads that celebrity endorsements endorse, if the things are not good, you will usually find the supermarket to refund compensation, not the endorser. In this matter, Luo Yonghao is the spokesperson. Generally speaking, he is not legally responsible for the quality of the live tape.
In which cases should the live broadcast anchor be responsible for the quality of the delivery? One is that the basic audit obligation has not been fulfilled. If the seller has no business license or the dishonest person on the court’s list, the product sold has not obtained the corresponding government permission, such as selling three non products when selling food and selling electrical appliances without safety certification, the anchor will bear legal responsibility.
Why only basic audit obligations are required? Because it is the seller who deals with the consumers, they are mainly responsible for the quality problems. But in business, the responsibility of well-known anchors is heavy, which will be detailed later.
The other is that the host recommends the products or services that he has not used or accepted, or makes false statements, and makes false advertisements, especially those related to the life and health of consumers. If the host makes false advertisements and causes damage to consumers, the host shall also be responsible for the quality of the goods.
This time, the quality problem is fresh flowers. Selling fresh flowers does not require special government permission, nor does it involve life and health. The company has a business license to spend some time, so Luo Yonghao is not legally responsible.
2、 Why does Luo Yonghao take the initiative to compensate consumers?
As mentioned above, in law, Luo Yonghao does not have to pay compensation for the rotten flowers in this sale, but why does he still want to pay compensation to consumers? It’s really about the business model. There are two foundations of the live broadcast business model: one is the Internet, which can make the live broadcast of commodity information instant and large-scale distribution and transmission, and this is the guarantee that the live broadcast can have huge trading volume; the other is the positive popularity of the live broadcast anchor, which is easy for consumers to have personal trust, so they will buy the products recommended by the anchor in the live broadcast, which is the live broadcast model Type of credit basis.
Once the quality of live broadcast sales is met, the two foundations will be damaged, and the reverse effect is also amazing. Because the live broadcast sales are huge, the number of consumers affected will be numerous. Consumers will be interested in live broadcasting on the Internet. They will also make complaints about the quality of products and the recommendation of live broadcasts on the Internet. Quality problems are likely to make complaints about consumers’ popularity, and the positive popularity of the anchor will quickly become a negative publicity, and the public may no longer trust them. From a small point of view, this will cause the business model of live broadcast to be unable to continue. From the big point of view, it will be very difficult for the anchor to do anything in the Jianghu in the future, because the public praise is gone.
I remember very clearly that Luo Yonghao said in the live broadcast on May 15 that if the live broadcast overturns, you should not scold us, and you should encourage us to overturn, because every time we overturn, the consumers who buy the corresponding products will get a lot of benefits (that is, the extra compensation of Luo Yonghao’s team). Why is that? In fact, what Luo Yonghao is afraid of is the negative evaluation of consumers, so he should give consumers extra compensation to calm down the adverse public opinion.
3、 What can be done to improve the live broadcasting of fresh products in law?
Through the observation of Luo Yonghao’s live broadcast, the author finds that the fresh products sold by the live broadcast are more likely to have quality problems. Luo Yonghao was tucking out the production date of crayfish before, and when consumers make complaints about the bag raising problem, this time it is not fresh.
Fresh products are easy to have problems, and fresh products are easy to deteriorate. When they are transported, they have high requirements for logistics supporting. It is also not ruled out that fresh product sellers deliberately send the fresh products to consumers because of the large live delivery volume. However, it is difficult for the anchor to control this effectively. Therefore, the anchor will face greater risks when recommending this kind of products. In fact, we can do some prevention work in law.
In law, anchors can strengthen their protection from both passive and active aspects. Passively, the anchor can improve the seller’s liability for breach of contract when signing the contract and force it to perform better. For example, set higher margin and compensation standards, link the breach of contract with the number of complaints on the microblog of consumers, let the sellers bear more responsibility for breach of contract in case of quality problems, but force them to improve the quality.
Actively, the delivery standard of logistics, ex factory monitoring standard of products, monitoring standard of logistics and traceability standard of fresh products can be clearly agreed, and the monitoring docking with the third-party professional company can actively prevent problems. Although the cost of doing so will be relatively high, considering that the fresh guide shopping is also a large market, if anyone can come up with the first mature solution to solve the quality problem of fresh products, they can enjoy this market alone, so this thing is worth trying.
Finally, although the 520 rose rotten event gave many consumers a bad experience, the author still believes that consumers can buy things during live broadcast. In fact, compared with the daily purchase behavior of consumers, there are three more guarantees for live shopping: 1. Reputation guarantee of well-known anchors, as mentioned above. 2, tiktok tiktok constraints on the live broadcast platform, take Luo Yonghao as an example, its live platform is jitter, if its quality is always defective, the jitter may terminate and cooperate with it. 3, the electronic commerce platform to the seller’s restriction, the platform of the tiktok trading platform is the major business platform, such as Tmall, Jingdong, jomin electricity supplier, they have mature consumer protection system. Once the problem occurs, the intervention of the electronic business platform will also have a great effect on correcting the Sellers’ infringement on the legitimate rights and interests of consumers.
No matter online or offline, live broadcast or shopping, the biggest guarantee for consumers to buy things or their rational consumption, keep their judgment.
Author: you Yunting, senior partner of Shanghai Dabang law firm, intellectual property lawyer, Tel: 8621-52134900, email: email@example.com , this paper only represents the author’s point of view.
(statement: This article only represents the author’s point of view, not Sina’s position.)