In a word, it is clear: minors who tip out can be returned, adults who voluntarily brush out generally do not return, special circumstances can be, there are detailed legal channels later.
1. How to get the underage bonus back? On what basis?
With the popularization of the Internet, 1 billion Chinese have achieved access to the Internet anytime and anywhere, but the intensity of network supervision has not caught up with the rapid development of the new form of the Internet, live broadcasting is chaotic, and in recent years, cases of minors paying large amounts of money to online platforms have occurred from time to time. Many minors spend a lot of money on online classes, buy game equipment, tip anchors, and other entertainment consumption, spending huge sums of money and even spending their parents' savings. At this time, the child's family often thinks of contacting the online game company for the first time, but the reply is to ask for evidence to prove that it is a minor recharge, but this evidence is really difficult to provide. Many parents are in a difficult situation.
Tell everyone that at present, minors can be recovered by tipping anchors without the consent of their guardians, and their tip money can be recovered, which is a law to rely on. According to article 19 of the Civil Code, minors over the age of eight are persons with limited capacity for civil conduct, and the implementation of civil juristic acts is to be approved or retroactively recognized by their legally-designated representative or with the consent of their legally-designated representative. Therefore, if there is no legal representative's consent or retroactive recognition, or if the minor lacks sufficient cognition when tipping, and the tipping behavior is not appropriate for his age and intelligence level, the guardian may request that the online platform and the anchor return it. In addition, article 20 of the Civil Code stipulates that a minor under the age of eight is a person without capacity for civil conduct, and his legally-designated representative shall carry out civil juristic acts. Therefore, such minors' live broadcast tipping behavior is directly invalid.
In short, after the minor pays on the Internet, whether the gift behavior is valid should depend on the opinions of the parents, and if the parents do not agree to the tip, the gift behavior is invalid, the money of the tip can be recovered, and the anchor should also return the money of the tip to the minor. If the anchor does not return the fee, he can directly file a lawsuit and sue on the grounds that the contract is revocable or invalid.
Second, under what circumstances should the money brushed out by adults be returned?
In the past, if the person who tipping online is an adult, in most cases it is not recoverable. Adults as a person with full capacity for civil conduct, in the network to tip their favorite anchor, you love me, after the tip of the act immediately becomes legal effect, the money of the tip can not be recovered. However, now the routine of the live streaming scam has reached a shocking point! For example, induce tips, female anchors and live broadcast room big brothers engage in ambiguity, promise to recharge to a certain amount of money on the offline meeting, or directly run to the present, such a picture cake, the big brothers will naturally be very moved, will also be willing to consume a certain amount, when the big brothers complete the requirements, mention the next meeting, or directly run, this time the female anchors will also reject the big brother with ten thousand reasons, at this time the big brothers have lost both money!
Here to tell you, do not panic when deceived, stay calm, collect relevant evidence, and achieve the following points: Basically, you can sue for revocation of the gift contract on the grounds of fraud and do rights protection treatment.
1. The live broadcast platform is still operating;
2. Have chat records with the anchor;
3. Have recharge or transfer records;
4. The trading operation is within three months.
In short, the live broadcast routine is deep, I hope that everyone will consume rationally, encounter rights protection disputes, find professional legal personnel to help, and maximize the stop loss.
