In recent years, there have been many cases of “overturning” of stars live broadcasting with goods.
Recently, a judgment released by China referee document network shows that the well-known artist Chen Xiaochun also “overturned” because of the live broadcast of the goods.
According to the judgment, the merchant signed a live broadcast delivery contract worth 510000 yuan and arranged Chen Xiaochun and wanghong to deliver the goods together. As a result, several live broadcasts sold only 5000 yuan. The merchant filed a petition to take the media company responsible for live broadcast promotion to court.
Guangzhou intermediate people’s court made a second instance ruling that the media company of the live broadcast Promotion Agreement returned more than 410000 yuan of service fee to the plaintiff.
The sales volume of 4 live broadcasts is only more than 5000 yuan
The judgment shows that in October 2020, a massager company and a media company signed a double 11 matrix live broadcast Promotion Agreement. The agreement stipulates that from November 1, 2020 to November 11, 2020, the media company will provide 16 live broadcast sales promotion activities, of which 10 will be executed by up to 10 million fans, The 6 games were performed by other star talent anchors in their internet live broadcasting room.
After the massager company paid the promotion service fee of about 515000 yuan, the media company sent the explanation for the change of double 11 live broadcast to the massager company, changing the anchor executor of the original 16 live broadcasts to the actual arrangement of film and television star Chen Xiaochun and three online celebrities from November 5 to November 11, and agreed to reduce the service fee by 100000 yuan.
On the afternoon of November 5, Chen Xiaochun’s live broadcast did not have a product link in the live broadcast room, resulting in the products of the massager company being taken off the shelf after only a few minutes of live broadcast. Later, the media company arranged Chen Xiaochun’s assistant for supplementary broadcasting that night. After the above four live broadcasts are completed, the commodity sales of the massager company is only more than 5000 yuan.
After the second instance hearing, Guangzhou intermediate people’s court held that the 16 anchors in the original contract were changed to 3 wanghong and Chen Xiaochun in the explanation for the change of double 11 live broadcast, but it also explained that other contract contents remained unchanged. That is, the “double 11 live broadcast change description” only reduces the number of people to participate in the anchor, but does not change the live broadcast from 16 to 4.
In the actual live broadcast, the live broadcasts of anchor a, anchor B and wanghongc are all one. After Chen Xiaochun’s live broadcast, the goods involved are not linked in the live broadcast room, resulting in off the shelf, so Chen Xiaochun needs to supplement the live broadcast. However, Chen Xiaochun himself failed to broadcast the live broadcast, but his assistant replaced Chen Xiaochun. Obviously, the effect of assistant supplementary broadcast is not the same as Chen Xiaochun, Moreover, assistant Chen Xiaochun is not the traffic anchor agreed in the original contract, so it should be considered that Chen Xiaochun’s live broadcast is unsuccessful. To sum up, the media company actually arranged a total of 3 live broadcasts, but the contract agreed that 16 live broadcasts should be broadcast, so a media company seriously breached the contract.
The court held that since the “double 11 live broadcast change instructions” only reduced the number of people to participate in the anchor, and other contract terms remained unchanged, the ROI guarantee agreed in the original contract should of course continue to apply. Second, according to the ROI guarantee agreed in the contract, the minimum amount of live broadcast sales is up to more than 1 million yuan, but the actual sales after live broadcast is only 5000 yuan. It is obvious that the purpose of the contract cannot be achieved by the media company to continue to perform the contract. Therefore, the massager company no longer requires supplementary broadcasting and the refund is reasonable, which is supported by Guangzhou intermediate people’s court.
According to the final judgment of Guangzhou intermediate people’s court, it is reasonable for the massager company to choose to refund according to the proportion of the events that cannot be broadcast live, that is, the media company shall refund the massager company a total service fee of 418437.5 yuan (515000 yuan * 13 / 16).
star live broadcast rollover with goods occurs frequently
This is not the first time a star has overturned in the live delivery business. In recent years, Star Live rollover cases are common.
Yang Kun: sold 1.2 million and returned 1.1 million
In November 8, 2020, Yang Kun carried a live broadcast in his live room. On that day, he sold 40 products, such as down garments and facial mask. The pit fee given by the merchants ranged from 100000 to 135000, and one of them also gave Yang Kun a 20% commission on sales.
But what they didn’t expect was that what they were looking forward to was not a sales miracle, but a tragic “rollover scene”.
Some merchants said that 3500 orders needed to be sold to recover the pit fee, and finally only 180 orders were sold for more than 30000 yuan; 99 yuan a box of mask sales of 18 thousand yuan, but the refund of nearly 4000 yuan; Although the order of some goods was very good during the live broadcast, there was a 90% refund in the end. One of the merchants spent 120000 yuan on the pit fee, with a total sales volume of 1.2 million yuan that day. Unexpectedly, a large refund of more than 1.1 million yuan was made in just one day, and the actual sales volume was only 40000 yuan.
Wu Xiaobo: 8.6 million people watched and sold only 15 cans of milk powder
On the evening of June 29, 2020, Wu Xiaobo opened the live broadcast of “new domestic products launch” on Taobao. According to the official data released since then, the 5-hour live broadcast that night attracted 8.6 million people, with 34000 goods sold and Gmv of nearly 24 million yuan.
But afterwards, some participating businesses said: “we paid a pit fee of 600000 yuan, and the actual transaction was less than 50000 yuan. It’s really amazing.” Another dairy company said that only 15 cans of milk powder were sold on Wu Xiaobo’s live broadcast.
After the incident was exposed, Wu Xiaobo published a reflective article entitled “fifteen cans”.
Li Xiang: the delivery fee is 80 in 5 minutes. In case the pieces are not sold
In April 2020, a merchant asked Li Xiang to sell mink sweaters live. The original price of the commodity was 8313, and the discount price was 4988. The price of Li Xiang’s live room was reduced by 800 yuan, but none of them was sold. The merchant can only come out and cry: please her for 5 minutes and spend 800000 pit fee.
“Guangdong Rain God” + Wang Jing: only 6 bottles of skin care products were sold for 80000
In July 2020, a skin care company signed a promotion cooperation agreement with the brokerage company, which stated that “in view of Party B’s intention to hold activities with Guangdong Rain God and director Wang Jing on a platform, Party A intends to entrust Party B to promote the goods designated by Party A through the designated activities”, the designated commodity name is an amino acid cleansing honey, and the promotion service fee is RMB 82820 (tax included).
On the night of the live broadcast, the network technology company arranged the anchor “Guangdong Rain God” to carry out the live broadcast promotion activities. The promotion period of the skin care product starts at about 00:07 a.m. that night. During the period, the director Wang Jing agreed in the agreement did not appear, and the final sales of the product was only 6 bottles, totaling more than 800 yuan.
media comments:
star effect is not a guarantee of sales
The Beijing Evening News commented that the live studio is a very magical place. It can make plain people become net celebrities. A person’s performance in carrying goods in a day is comparable to that of a department store; It can also break the star aura. Not only old artists have been criticized for the inferior quality and high price of the goods they bring, but also many popular idols have exposed their intention to make fast money through pit fees, do not respect fans and businesses, have no sense of contract, and are even suspected of data fraud. After all, the live studio is an ordinary consumer from all over the world, not a gathering place for fans used to by stars. The rice circle won’t work.
Commented that the star effect is not a guarantee of sales. Consumers will indeed stay in a live studio for a while because of the visit of big stars, but they will not pay blindly because of this. Similarly, it can be proved that those stars who have achieved good results with goods, whether in product selection, control of the supply chain, or even the performance of the live broadcasting room, do not sleep on the star halo, but do things seriously. This also proves an irrefutable truth. Only by being down-to-earth and working hard can we earn money. No matter which side, just thinking about making fast money by harvesting fans with the help of stars, consumers will only give the “one-round Tour” treatment to the live studio, and businesses will impolitely ask for the return of fees. Now there are precedents. Stars, their teams and intermediary companies should reflect on the way of live broadcasting with goods. Is it feasible for everyone.
In addition, according to the “Shandong high law” official account of WeChat, recently, many star live goods were “overturned”, and were exposed to high fees, but the goods sold were very poor. Therefore, the judge kindly reminds:
As a new sales model, the service charge of live broadcasting is not low. Businesses should carefully choose the live broadcasting platform, especially when signing the contract. They should comprehensively predict the possible results and prevent them in the contract terms, clarify the rights and obligations of both parties, and do not blindly trust the delivery ability of online Red anchor or star, so as to avoid the loss outweighing the gain. Consumers should consume rationally, not blindly follow the trend, pay too much attention to data and form, and ignore the real demand for the product itself and the choice of purchase channels. Enterprises or businesses should carefully choose their own sales channels, operate in good faith and standardize management, and win the hearts of consumers by relying on excellent product quality.
(Daily Economic News)
