近日,深圳P2P网贷平台科迅网在诈称网络维护后始终无法登录,众多投资者怀疑被骗并纷纷报警。无独有偶,北京也传出首家P2P网贷平台“网金宝”疑似跑路的消息。据统计,今年以来,已经有45家P2P平台跑路。其中5月份就有8家平台跑路或关闭,包括马上有钱、日升财富、信誉财富、中信创投、股民贷、仁信贷、威泰创投和弘昌创投等。
Recently, Shenzhen’s P2P Net lending platform was unable to access it after false claims of network maintenance, and many investors suspected that they had been deceived and reported it to the police. Uniquely, Beijing also reported on the first P2P Net Treasure. 45 P2P platforms have run since this year.
以科迅网案件为例,目前已知有近千名消费者的过6000万投资打了水漂。受害者在报案时,只能提供银行转账的凭证,却无法证明投资的具体情况,进而无法证明自己的损失。大多数消费者面临的举证难题是:一没有合同,二没有投资清单,三没有交易流水。
For example, in the case of the Wirenet case, the 60 million investments known to be made by nearly a thousand consumers are currently floating. The victims can only provide bank transfer vouchers when they report a crime, but they cannot prove the specifics of the investment and therefore their loss.
上述案例,如果消费者使用了类似“315订单订单宝”系统,通过第三方保存了相关证据,那么在投诉和报案时,将获得有力证据支持!
In the above case, if a consumer uses a system similar to the “315 purchase order treasure” system to preserve relevant evidence through a third party, there will be strong evidence to support a complaint and report a case!
2014年4月28日,北京市朝阳区人民法院对“亚马逊长虹电视砍单案”作出了一审判决,判令以无货为由单方面取消订单的电商巨头亚马逊败诉,并支持消费者所有诉讼请求,要求亚马逊向三名网购消费者履行交付长虹电视机并承担消费者的律师费等维权费用。此次诉讼是由法斗士网组织的公益诉讼,法斗士网律师孙英杰全程代表了消费者。这次公益诉讼对电商网购的法治环境有着里程碑式的意义,法院的判决解决了消费者网购维权中会遇到的四大法律问题-主体资格的认定;订单的法律性质;格式条款的有效性和维权成本的承担。
On 28 April 2014, the People's Court of the Yang District of Beijing issued a first-instance judgement in the case of the Amazon Rainbow Television Chopping Bill, in which it ruled that the electric company Amazon, who unilaterally cancelled the order on the grounds of lack of goods, had lost the case and supported all consumer claims for payment of rights such as delivery of a rainbow television machine to three consumers on the Internet, and payment of legal fees to consumers. The suit was a public interest action organized by the Bar Fighter Network, with Sun Yingjie, a lawyer representing consumers throughout the process. This public-interest action had a landmark significance for the rule of law environment on the Internet, and the Court's decision resolved four main legal issues that consumers would face in the online purchase rights - the determination of the subject's qualifications; the legal nature of the order; the validity of the form clause and the cost of defending rights.
本案的背景是,去年11月,亚马逊在网站上以161.99元的价格出售长虹32英寸LED电视,在大量消费者下单并完成支付后,亚马逊以“无货”为由单方面取消订单。亚马逊在法庭上承认受此影响的消费者在千人以上。其中一百多名消费者参加了法斗士网组织的网购维权活动,向亚马逊送达了律师函,但亚马逊对消费者的要求不予理睬。为帮助消费者依法维权,也为了厘清相关的法律问题,法斗士网组织了此次公益诉讼,为三名消费者代表聘请了孙英杰律师,在亚马逊公司所在地北京朝阳区法院起诉亚马逊。
In the context of this case, in November last year, Amazons sold 32 inches of LED television on a website for $161.99, and after a large number of consumers had ordered and paid for it, the Amazon unilaterally cancelled the order on the grounds of “no goods.” The Amazon admitted in court that more than a thousand consumers were affected. More than a hundred of them took part in a network buying rights campaign organized by the network of gladiators and sent a lawyer to the Amazon, but the Amazon ignored its demands. In order to help consumers to assert their rights in accordance with the law, and in order to clarify the relevant legal issues, the FLN organized the public interest lawsuit, hired Sun Young-ja's lawyer for three consumer representatives to sue Amazonia in the Beijing Yangtze District Court, where Amazon was located.
电商网站以各种理由单方面取消消费者的订单(俗称“砍单”)是网购行业的顽疾。亚马逊在法庭上辩护理由竟然包括其它电商巨头也是这么干的。但由于取证困难,维权成本高昂,和网购订单的法律性质的不清等问题都造成被砍单的消费者维权难。之前,虽然各地时有相关诉讼发生,但都未能得到系统的解决。此次朝阳法院的判决首次系统地解决了网购消费者维权中常遇到的四大法律问题。
The unilateral cancellation of consumer orders (commonly referred to as “cut-off orders”) on the electricity vendor’s website for various reasons is a persistent problem in the Internet buying industry. Amazon’s defenses in court also do so, including that of other power-buying giants.
查看判决书地址:http://weibo.com/3659046304/B1Y0Gwt6C?mod=weibotime
2011年7月,许多网友在当当网上看到一款原价680元,现价仅售1元的阿迪达斯三叶草休闲鞋。在如此便宜的价格的诱惑下,有的网友买了十几双,有的网友甚至买了100双。但让购买者郁闷的是,第二天他们的订单就被当当网取消,取消原因是缺货。在众多购买者发出质疑后,当当网方面称由于管理监督不到位,导致价格和库存信息与实际不符,虽然做出了补偿两百元(商品或者礼券)的决定,但是消费者对这个结果并不满意。
In July 2011, many Internet users saw an original price of $680 on the Internet, selling only $1 for Adidas' three-leaf shoes. Some bought more than 10 pairs at such a cheap price, some even 100 pairs.
2012年2月7日,京东商城搞情人节促销活动,一款名为华为(HUAWEI)HonorU88603G手机标价为1899元,促销活动描述:下单立减600,再送8G卡!活动吸引了很多用户去购买。北京的沈先生自己购买了两台,帮朋友买了两台,并完成支付,可没想是当天晚上京东删除了他的订单。理由是用同一IP地址下单超过三台则被认定为经销商,因此帮他“主动取消订单”。
On 7 February 2012, a Valentine's Day promotional campaign was launched in Guangdong Business City, under the name of HUAWEI's HonorU88603G mobile phone with a price of $1899, describing the promotional campaign: a single reduction of 600 and a further 8G card! The campaign attracted many users. Mr. Shen in Beijing bought two of them himself, bought two of them for his friends, and completed the payment, but did not expect that he would have deleted his order the same night. The reason was that he was identified as a dealer by placing more than three of them at the same IP address, thus helping him “actally cancel the order”.
2012年4月1日,京东商城“一元可以畅游绍兴并能入住高档酒店”的超低价团购钓足网友胃口,然而正当大部分买家收到购买成功的确认后,团购产品却被以工作人员失误、网页处于测试阶段等理由取消。
On 1 April 2012, a super-low-priced group of “one dollar to travel freely and to stay in a high-end hotel” in Tokyo, however, when most buyers received confirmation that the purchase had been successful, the group purchased products on the grounds of staff error and the fact that the web page was in the testing stage.
对于网商单方面删单,中国网络法律网首席法律顾问赵占领律师表示,电商向用户发送的确认购买成功的邮件即已表示双方的购买合同成立,京东商城单方取消订单已经构成了违约。
With regard to the unilateral deletion of the list, the Chief Legal Adviser of China's Internet Legal Network, Mr. Zhao Occidental, stated that the mail sent by the electrician to the user confirming the success of the purchase had already indicated that the purchase contract between the parties had been established and that the unilateral cancellation of the order in Guangdong City had constituted a breach of contract.
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