Expert: Vantage advertising words | 'winning the crown to withdraw the full amount' | constitute a contract offer

On July 20th, the China Consumers Association announced through Weibo that since 17:00 on July 19, the China Consumers Association issued a notice to collect complaints about the promotion activities of Vantage, within 24 hours, the China Consumers Association received There were 73 complaints involving Vantage, and the relevant complaint materials have been transferred to Huadi Company. The company is required to properly handle each consumer's complaints and promptly report to the China Consumers Association for feedback.

On the same day, July 20, China Consumers Association has received a reply from Vantage. Vantage said that it is continuing to solve the above problems. Consumers and the community are welcome to jointly supervise Vantage's commitment.

Consumers: Encounter a variety of refunds

With the Gallic Rooster holding the World Cup, the World Cup time is also over. In fact, in addition to the carnival of the fans, the World Cup is also a carnival of the business. From the billboards around the stadium, you can feel the enthusiasm from the company, and this year as a The official sponsor of the French team, Vantage, a Chinese kitchen appliance manufacturer, achieved full exposure of the brand with the 'French team's winning and retreating', and became one of the winners of the World Cup advertising marketing campaign.

However, when the 'Vatican Refund' was hot on the two days, everyone called it a perfect marketing, the refund was difficult, and the refund became a refund. It became the focus of consumers complaining about Vantage. For example, Consumers who buy the 'champion package' on the e-commerce platform have experienced a 'refund' to become a 'return card'.

Some consumers who bought the Vantage 'Champion Package' in the online store said that they called the customer service of Vantage, and the response was based on the company policy. Online shop shopping is the same amount of shopping card. When the consumer asks not to buy the card, I refused to withdraw cash. The Vantage online e-commerce refund process shows that consumers who meet the refund conditions will return to Jingdong, Tmall, Suning, Gome according to the customer invoice amount. Platform shopping cards can only be used on the respective brands of the above brands.

In addition, offline refunds also have a 'fear' thing. Some consumers bought a 3,799 yuan winning package from the Vantage flagship store on the Suning Tesco site on the '618' day, but the house that was just bought is still not renovated. At the stage of installing the kitchen utensils, I chose to delay the delivery, but the invoice was delayed, and Vantage refused the refund because of the inability to provide the invoice.

Zhongxiao Association: Pay close attention to the interview with Vantage

On July 18th, China Consumers Association issued a voice on Weibo’s “Responding to the failure of Vantage’s users.” China Consumers Association said in Weibo, 'The advertising expenses are spent on consumers. This marketing idea is still very good. I hope that Vantage will fulfill its commitments and do a good job of refunding every consumer in accordance with the pre-sale agreement and commitment. Integrity is the perfect footing for any marketing.

Next, China Consumers Association's follow-up speed is very fast. According to the relevant person of China Consumers Association, since 17:00 on July 19, the China Consumers Association issued a notice on the complaints caused by Vantage's promotional activities, within 24 hours, The China Consumers Association received a total of 73 complaints involving Vantage, and the relevant complaint materials have been transferred to Vantage, requiring the division to properly handle each consumer's complaints, and promptly report to the China Consumers Association for feedback.

At the same time, China Consumers Association has issued a "comment letter" to Vantage, and the specific interview work is in the process of preparation.

In addition, China Consumers Association has sent letters to Suning, Jingdong, Alibaba (Tmall) and Gome Online to investigate the situation. Currently, Gome responded, involving 17 related applications from Gome Online, involving 791 consumer stores under Gome Refund application. All of the above have been registered and transferred to Vantage, and the refund process is being performed. Gome has not received any complaints due to the refusal of refund.

China Consumers Association stated that it will continue to advance the resolution of this issue, and jointly monitor the implementation of the commitment of Vantage with the vast number of consumers and the community.

Vantage responds: refunds are progressing normally

Vantage’s response to the incident was also very rapid. On the same day that the China Consumers Association issued an invitation to talk on July 20, Vantage gave a reply to the China Consumers Association.

On July 20, Vantage issued a statement on the official Weibo: 'The current consumer refund work has been carried out in an orderly and orderly manner. The company will abide by the principle of good faith, strictly follow the pre-sale agreement and commitment, and earnestly do each For the refund work of consumers, please contact the Consumers Association and the consumers for supervision.

Vantage’s “Response Letter” states: Vantage announced the rules on May 31 when the 'French team won the championship” campaign, which stipulates that the online purchase will refund the shopping card, and the regulations are only available from June 1 to June. Before 22 o'clock on the 30th and 'invoice date', users who purchased the 'Winning Package/Product' and paid successfully from June 1st to July 1st can participate in the event. At the same time, the 'Gift Promotions' event is launched, The full-section 'activity can only be selected one by one, can not be repeated. Offline purchases need to sign the "Activity Agreement" in the store to participate in the event, and can not participate in the 'return full payment' activity after receiving the gift in the store. During the whole event The online participation in the championship event was about 29 million yuan. As of 10:00 on July 20, the online application received 4,292 refundable cards, and the application for refunding the amount was 15.5 million yuan. As of July 20, the card was returned to the consumer 1340. Ten thousand yuan. There are 1629 refunds under the line, and the refunded odds account for about 19% of the total amount.

Vantage also proposed: 'Individual consumers are not buying the 'winning package' model products, but they do not meet the conditions for refunding the full amount, but they are required to apply for the refund of the full amount; according to the rules of the event, the premium promotion rights and the refund of the full rights can only be selected. First, after the individual consumers choose to upgrade the special offer, they still need to withdraw the full amount; according to the publicity activities, the products purchased by the consumers during the inactive period are not involved in the retiring activities, but the individual consumers are Products purchased during inactivity are still required to be refunded. '

Expert: 'Retirement' is cash back

Professor Su Yuanpeng, director of the Center for Consumer Protection Law at the University of International Business and Economics, said that on May 30, Vantage released a statement that the French team won the championship and Vantage retired the full amount (advertising), saying that it would buy the 'winning package'. The invoice for the product is fully refunded. The 'Activity Details' issued on May 31, in addition to the specific participation conditions, will also be determined as 'returning the full amount' as the platform consumption card for each channel store to return the customer in accordance with the customer invoice amount. In the event statement, Vantage’s promise is a 'full refund'. From the point of view of the meaning of the text, it should be understood as 'returning the entire payment in cash'. However, in accordance with the rules of the event, The full amount' is limited to 'returning the consumption card' instead of returning cash. It can be seen that the meaning of the two indicates inconsistency, and the latter is obviously beneficial to Vantage and not to consumers.

Strictly speaking, Vantage’s behavior violates the principle of good faith, misleading consumers’ judgments and purchasing decisions, and undermining consumer rights. It is recommended that Vantage should adopt a respectful and inclusive attitude towards consumers during the refund process, allowing consumption. The owner chooses between the refund of the cash and the return card; as the organizer of the event, Vantage is obliged to make a unified request for the refund rule, and the dealer must not allow the dealer to set various conditions and set up special consumption. Complaint channels, handle disputes in a timely manner, and stop misconduct by dealers.

The reporter carefully reviewed the propaganda map previously released by Vantage. At the bottom of the picture, I found a very small line of words, which read 'The details of the event are inquired about the local terminal stores of Vantage or the Vantage authorized stores of various e-commerce platforms.'

Qiu Baochang, president of the Institute of E-Commerce Law of the Beijing Law Society, believes that, according to the usual understanding, a 'full refund' is a refund of the RMB, not a so-called 'shopping card'.

Liu Junhai, a professor at the Law School of Renmin University of China, believes that if Vantage had made a clear and specific commitment to consumers before, then even if one left to say that local dealers can formulate relevant activities, it can only be further specific. Implement the content of the previous commitments of the local distributors, and should not change the original commitment. The original promise is a very specific refund, the price is the price.

Liu Junhai said that Vantage’s commitment to consumers, that is, if the French team won the championship, Vantage will retreat the full amount of the promise is true, legal, and effective. This commitment is accepted by consumers who purchase Vantage goods. It is transformed into a contract that is legally binding on both parties. If Vantage says that it is to be converted into a card with the same value as a card, it is equivalent to changing the original commitment to the consumer, which must be approved by the consumer. Vantage should demonstrate the business intelligence and legal wisdom it deserves to handle this matter. And if the advertising statement and the rules of the event are inconsistent, the promise of advertising should be based on the strong impact and influence of advertising. quasi.

2016 GoodChinaBrand | ICP: 12011751 | China Exports