“Simba fake bird’s nest incident” followed.
In January 14th, brother Kwai once again caught the heat search.
14, the Henan Consumers Association held a news bulletin on the lawsuit for the “Simba live Kwai Nei consumer nest public interest litigation case”, and proposed that the Simba, fast hand and so on should share the responsibility of repaying three of the total loss, and the total amount of the refund was nearly 80 million yuan.
In response, Simba Xinxuan group responded that as of January 14, 2022, it had paid a total of 41.43 million yuan to consumers related to this event
01
Simba response: 41.43 million yuan has been paid
Simba’s “fake bird’s nest event” has made new progress 14 months later.
In January 14th, the Henan Consumers Association held a news bulletin on the lawsuit for the “civil case of Kwai Na live food with instant bird’s nest consumption”. It was proposed that Beijing fast hand Technology Co., Simba (Xin Youzhi), Guangzhou Rong Yu Trading Co., Ltd., Guangzhou and Yi Agel Ecommerce Ltd jointly assume the responsibility of repaying three. The total sales price of “Mingzhi bowl flavor instant bird’s nest” product was returned to RMB 1992.85 million, and a punitive compensation of three times the total sales price was paid, totaling RMB 59.7856 million, and the total amount of compensation returned was RMB 79.7141 million.
In this regard, the official microblog of @ Xinxuan company affiliated to Simba released the description of Xinxuan group on the bird’s nest incident.
The situation note mentioned that after the “bird’s nest incident”, Xin Xuan put forward the “advance compensation scheme” on November 27, 2020, that is, recall all the “Mingzhi” brand bird’s nest products sold in Xin Xuan’s live broadcasting room and promise to refund one for three, First, protect the rights and interests of consumers (on December 23, 2020, the market supervision department identified and confirmed that the two live broadcasts were successful, a total of 47474 boxes were traded, and the actual sales amount was 12.513173 million yuan). And investigate the responsibility of the brand party according to the contract and legal provisions.
According to the information note, as of January 14, 2022, the company has paid a total of 41.4392 million yuan to consumers related to this event. At present, the consumers who can be contacted and meet the refund conditions have been compensated.
Xinxuan company said that in this incident, all consumers directly established an order transaction relationship with businesses and stores, and Xinxuan was unable to obtain the relevant contact information of consumers. Therefore, users need to actively contact them for compensation. As long as the user meets the refund conditions, he will continue to fulfill his promise and be responsible to the end without time limit until all compensation is paid.
The information note also mentioned that on June 30, 2021, Xinxuan company received the award of Guangzhou Arbitration Commission on the “bird’s nest incident”, confirmed that Rongyu company deliberately misled Xinxuan to make misleading publicity, and ruled that Rongyu company would pay compensation to Heyi company and compensate for relevant losses. The ruling results include: before December 16, 2020, Rongyu company shall bear 30.3555 million yuan of the refund payment for “bird’s nest event”
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the storm lasted more than 400 days. Henan Consumer Association once proposed a “permanent title”
“Simba fake bird’s nest event” has to start in November 2020.
On November 4, 2020, some netizens questioned that the bird’s nest products sold in the live studio of “Simba” Xin Youzhi and his apprentice “Shida Meili” were “like sugar water, without any solid”.
Simba didn’t admit the doubts of netizens at first. On November 6, 2020, Simba responded in the live broadcasting room that there was no problem with the bird’s nest, and opened the bird’s nest on site to confirm the solid content. Simba also said that this is malicious slander and extortion and will go through legal procedures to correct the situation.
On November 19, 2020, Wang Hai, the “professional beating dummy”, released a test report with a text saying: “after testing, Xin Youzhi’s flavor drink to deceive fans when bird’s nest is sugar water. According to the test results, the sucrose content of the product is 4.8%, while the carbohydrate in the composition table is 5%, which confirms that the product is sugar water.”
Subsequently, on November 20, 2020, the official microblog of Xinxuan company affiliated to Simba issued a response, saying that the product contained bird’s nest ingredient sialic acid, and said that “the live broadcast was promoted according to the product information provided by Rongyu company. If you have any dissatisfaction with the product, you can apply for a return refund to the \’Mingzhi\’ tmall flagship store”.
On November 27, 2020, Simba admitted exaggerating the publicity that “the ingredient of bird’s nest is less than 2G per bowl”, and said that this product is actually a bird’s nest flavor drink and should not be promoted as bird’s nest products. At the same time, 57820 related products were recalled, and the responsibility of “one refund and three compensation” was undertaken, with a total of 61.98 million yuan paid first.
In December 2020, the Guangzhou municipal market supervision bureau informed that Guangzhou and Yi Agel Ecommerce Ltd arranged the anchor in September 17, 2020 and October 25th to be “beautiful”. The Kwai dish and instant bird’s nest were promoted through the live broadcast platform. In the process of live delivery, the anchor only relied on the “selling point card” and other contents provided by the commodity seller, coupled with his personal understanding of the commodity, that is, he carried out live promotion of the commodity, emphasized that the bird’s nest content of the commodity was sufficient and the effect was good, and did not mention that the real attribute of the commodity was flavor beverage. There was a misleading commercial publicity behavior, which violated the relevant provisions of the anti unfair competition law. The market supervision department plans to impose an administrative penalty of ordering them to stop their illegal acts and a fine of 900000 yuan.
On the same day, the Kwai Kong electric supplier issued the notice on disposal of “Simba live food with instant bird’s nest” incident, announcing that it was 60 days for the anchor to add up and block accounts. Xin Youzhi, the person in charge of Heyi company, who had improper words and deeds in the live broadcasting room after the incident, closed his personal account for 60 days.
In February 26, 2021, when the Henan Consumers Association held a media briefing, they said that the Henan Provincial Association for consumers hoped that the Kwai bus team’s punishment would not be stopped for 60 days, but should be permanently closed.
In June 2021, Guangzhou Arbitration Commission made a final ruling on the case of Shuyang Heyi Information Co., Ltd. (a company under Xinxuan group, hereinafter referred to as “Heyi company”) v. Guangzhou Rongyu Trading Co., Ltd. (Mingzhi bird’s nest brand, hereinafter referred to as “Rongyu company”): it confirmed that Rongyu company deliberately misled Xinxuan to make false and misleading publicity, Ruling that Rongyu company shall pay compensation to Heyi company and compensate for losses.
According to the Red Star capital Bureau, Simba is still active on the Kwai Tai platform, with more than 95 million fans. According to the data of flying melon, Simba has conducted 7 live broadcasts with goods in the last 30 days, and the number of promoted products is 523
03
” 1 cent promotion ” refused to deliver the goods, and Watson anchor abused consumers
Recently, because the platform sold “1 cents promotion mask” but refused to deliver, and in the broadcast room to abuse consumers is “mad dog” Watsons was pushed to micro-blog hot search.
In the morning of January 11th, Watsons online launched 0.01 yuan buying mask.
Consumers said that on the morning of 5 o’clock to 8 o’clock January 11th, the online platform page of Watsons showed that the price of SNP Aphrodite Philippine marine bird’s nest replenishment essence mask and Faye Bailess wedding dress replenishment mask price was 0 yuan, and consumers only paid 0.01 yuan after placing the order. These two kinds of facial mask can be bought 5 times at the active price, which can be bought 10 times, but only after the order is placed, the store can pick up the goods.
In addition, there is also a 69 yuan PAPARECIPE spring rain honey mask in this time period, the activity price is 9 yuan, consumers need to pay 1 yuan packing fee after the order, a total of 10 yuan.
Many consumers are concerned about the activity information immediately rushed to the platform “wool”, consumers even switched several numbers to participate in the activities, a total of dozens of boxes of mask.
Although many consumers went to squat early and waited for Watsons stores to open, they were waiting for the notice of “out of stock”.
Even consumers were abused by the anchor of the live broadcast room.
In January 14th, some consumers wrote on the social platform that Watsons’s anchors were abusing consumers in the live room because of the mask promotional activities.
In the short video clip of more than 20 seconds, the anchor showed disdain, accusing consumers of trying to pick up something for a penny and bite like a mad dog. He also said that in my live studio, I can kick it if I want. I don\’t welcome you. You don\’t use it. You\’ll be happy when I kick. Another staff member behind the scenes raised his voice and shouted, “you\’ve collected a bargain, but you don\’t recognize it. If you haven\’t collected it, you\’ll come here to bite.”.
It is noteworthy that some consumers provide screenshots, pointing out that Watson does not pick up the goods for them, but normally sells preferential activity products in the live broadcast.
It is precisely because of this that consumers have been dissatisfied, some people have entered the Watsons China’s live room, and asked about the “mask delivery problem” in the comment area, but they were blacklisted by the anchors and blacklisted by the background workers.
In addition to the “crazy dog” uncivilized words, some consumers mentioned that the Watsons anchors scolded the consumers who participated in the mask promotional activities in the live broadcast in January 13th. They were “beggars”, and the words made them very uncomfortable.
At present, consumers have launched collective complaints on the black cat complaint platform. As of press time, the number of complaints has reached more than 2000.
According to Xiaoxiang Morning Post, in this incident, consumers paid 0.01 yuan to buy goods through the platform link. There was no fault for the non malicious “wool collection”. The merchant shall deliver goods to consumers as agreed, and shall not refuse to deliver goods on the grounds of operation error, insufficient inventory and other reasons, or suggest consumers to refund on the grounds of no goods.
Special purchases for the Spring Festival were announced on the night of 14, Watsons China official micro-blog issued an announcement on the 1 annual promotion campaign. P align = “center” > 04
chaos in live broadcasting industry to be solved
It is understood that the above “fake bird’s nest” case is the first consumer civil public interest litigation case organized by the consumer association in Henan Province. It is also a typical case of China’s standardizing live delivery behavior and trying to solve the legal problems of “online Red live delivery sales model”.
In fact, in view of the chaos in the live broadcasting industry, on April 23, 2021, the state Internet information office and other seven departments jointly issued the measures for the management of online live broadcasting marketing (for Trial Implementation).
The measures put forward a series of clear requirements for the live broadcast marketing platform, including obtaining relevant administrative licenses, marketing code of conduct, juvenile protection, consumer rights and interests protection, personal information protection, network and data security management, etc. For example, at the level of consumer protection, the measures require that the operators of the live broadcasting room and live broadcasting marketing personnel should do a good job in real-time management of interactive content such as voice and video connections, comments and bullet screens according to the platform service agreement, and shall not deceive or mislead users by deleting or shielding relevant adverse comments.
The measures also put forward that when consumers jump to other platforms to buy goods or receive services through links in the live broadcasting room and QR codes, in case of disputes, the relevant live broadcasting marketing platforms shall actively assist consumers in safeguarding their legitimate rights and interests and provide necessary evidence and other support.
Shanxi Securities Co.Ltd(002500) said that under the environment of stricter Internet supervision, the monopoly pattern of head anchor was broken, providing a good opportunity for middle waist talent and brand self broadcasting. Online retail has gradually matured, offline terminal stores are still the main body of retail, the Internet platform actively enables physical commerce as a way of channel landing and sinking, and the digital penetration of stores still has great room to improve. At present, the epidemic situation in China is spreading at many points. Local new year’s celebrations and home scenes may still be the theme of consumption in the new year’s goods Festival. New business formats and new retail models integrating Wuxi Online Offline Communication Information Technology Co.Ltd(300959) such as live delivery of goods and home delivery services from supermarkets will continue to develop.
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