"Sell as much as you want, get back as much as you want"! Nearly 3 million were spent to invite tens of millions of fans and Internet celebrities to bring goods, merchants questioned the swiping orders, and the police filed a case

Chengdu Business Daily Red Star News

2024-08-08 19:34Published on the official account of Red Star News of Chengdu Business Daily, Sichuan

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01 Dozens of merchants asked the Internet celebrity Gao Di to bring goods to the live broadcast, paying a total of nearly 3 million yuan in pit fees, but a large number of returns were returned after the live broadcast, questioning the swiping order.

02 The merchant said that the sales promised by Gaudi had not been realized, and some consumers had a full refund after placing an order during the live broadcast.

03 However, Gaudí said that he only received 500,000 yuan and did not know the matter, and said that he would negotiate with multiple parties to deal with the matter.

04Experts said that if the swiping behavior is true, the relevant perpetrators may be suspected of fraud, and merchants need to be cautious when choosing live streaming partners.

The above content is generated by Tencent's hybrid model and is for reference only

"The live broadcast sold for 100,000 yuan, but it was all refunded after the broadcast, isn't this a swipe?" The merchant who sold Ganoderma lucidum spore powder filed a complaint against the Internet celebrity Gaudi live broadcast.

According to a number of merchants, at the end of January this year, dozens of merchants asked the Internet celebrity Gaudi to bring goods live and gave a "pit fee" ranging from 6~100,000 yuan, a total of nearly 3 million yuan. During the live broadcast, customers placed orders vigorously, but after the broadcast, it was a series of return orders, and many merchants' sales were "0". Merchants questioned Gaudi's premeditated "water injection", thinking that it was a fraud, and called the police and prosecuted, and the police have now filed a case for investigation. The lawyer said that if there is indeed a situation such as swiping, then the relevant perpetrator may be suspected of fraud.

In this regard, Gaudi said that they received an order from a third-party company, and they actually only received 500,000 yuan, and they did not know the matter, and then they would negotiate with multiple parties to deal with the matter.

"Sell as much as you want, get back as much as you want"! Nearly 3 million were spent to invite tens of millions of fans and Internet celebrities to bring goods, merchants questioned the swiping orders, and the police filed a case

▲Gaudí broadcast live on the "New Year's Festival".

Nearly 3 million yuan was invested to let Internet celebrities bring goods live broadcast

Consumers return all orders after they place them? Questioned about swiping

It happened before the Chinese New Year this year. The New Year is approaching, consumer demand is increasing, and I learned that tens of millions of Internet celebrities Gaudi had a live broadcast of the "New Year's Festival" at the end of January, and watched its previous live broadcast with more than 20 million sales, "The highest sales of single products are nearly 2 million." "Merchants are excited.

▲ Mr. Lu decided to pay the pit fee after seeing Gaudí's past sales

Mr. Lu, a merchant who sells Ganoderma lucidum spore powder, is one of the merchants who participated in the live broadcast sale. He told the Red Star News reporter that at the beginning of January, he contacted an account claiming to be the person in charge of Gaudi's product selection at the head of Kuaishou, and the other party said that his products could be sold in the live broadcast room of the "New Year's Festival", and sent him the data of Gaudi's live broadcast: On July 12 last year, Gaudi's live broadcast was less than 3 hours, and there were more than 26 million transactions. And this "New Year's Festival", their goal is 60 million, "there are not many places, there is only one pit." Mr. Lu was a little moved.

When asked "can 500 orders come out", the other party replied "500 orders can't be sold, what big field do we do", Mr. Lu did not hesitate to transfer 60,000 "pit fees" to the past, and Shenyang Xinxiang Culture Media Co., Ltd. (hereinafter referred to as: Xinxiang Company) signed a live broadcast service contract.

But I didn't expect that I was "dumbfounded" on the day I brought the goods. Mr. Lu said, "Two catties of spore powder can be eaten by the average person for two years. But every consumer who placed an order that day bought 20 catties, "It's too abnormal." And after the broadcast, 57 orders totaling 100,000 yuan of products were all returned, "It looks like a brush." ”

Mr. Lu is not alone in the same problem. Some merchants told reporters that the live broadcast was based on the model of pit fee + commission, and Gaudi collected more than 40 merchants with a "pit fee" ranging from 6~100,000 yuan, nearly 3 million yuan. They said that although they did not sign the guarantee clause at that time, in the chat records, the investment promotion staff mentioned to the merchant that "it is okay to sell hundreds of thousands of dollars casually".

The sales volume of multiple merchants is "0"

Merchants question: data fraud is fraud

The reporter saw that Gaudi (has been changed: Dark Lori Damei) has 32 million fans on the Kuaishou platform. After the incident, the account was still livestreaming, and the most recent livestream was on August 4.

In a statistical table of 24 merchants learned by the reporter, at least 8 merchants have sales of "0", and the order amount of 8 merchants in the live broadcast is more than 100,000, "all of them will be refunded after the broadcast." "There is a merchant who sells socks who gave 100,000 "pit fees", and actually sold 16,000, but most of the merchants made 0 transactions or only dozens of orders, and the actual sales ranged from 300 yuan to 2,000 yuan.

▲ Consumers bought 14 orders and returned them all

Merchants told reporters that for this live broadcast, they stocked up a large number of goods, "workers have prepared more than a dozen, ready to pack", and as a result, 70,000 people were online, "more than 700 orders were placed, and only 0 were returned in the end." "Some merchants prepared sea cucumbers worth more than 3 million, but after the refund, they did not sell a single order, and they lost more than 700,000 yuan indirectly.

After the merchants got together to review, they found that there were multiple IDs that placed orders in different stores, and "one ID took more than 50 orders in multiple stores", and the address left did not exist. Merchants believe that this is a premeditated fraud, "Otherwise, how can you prepare for a water army to swipe orders?" When the merchants asked for a refund, Xinxiang only said that it could rebroadcast it for free, but it has not been arranged so far.

▲ One ID will be refunded after taking multiple orders in multiple stores

Later, the merchant found Gaudí and learned that the Xinxiang company that originally signed the contract with them was not Gaudí's company, but a third-party company. However, the merchant said that the investment promotion and docking personnel have always claimed to be employees of Gaudi's company, and also sent a video recorded by Gaudi. The reporter saw that in the video, Gaudí said, "This event is responsible for Xinxiang Company." ”

Since they have not been able to negotiate, the merchants have called the police and sued. The Pengjiang Branch of the Public Security Bureau of Jiangmen City, Guangdong Province, where one of the businesses is located, has opened a case for investigation.

On the 8th, the reporter learned from the police of the Huayuan Police Station of the Jiangmen Public Security Bureau that the case is still under follow-up investigation.

▲The merchant communicates the sales results with Xinxiang Company

Denial of swiping

Gaudí responded: I didn't know, I only took 500,000

The reporter saw that a few days after the incident, Gaudi issued a statement on Weibo, saying that he had never asked the more than 40 merchants to sign a contract with Xinxiang Company, nor did he charge a "pit fee" of 3 million, let alone deception.

On the 7th, Gaudi told the Red Star News reporter that he had not docked with Xinxiang Company from beginning to end, and signed a live broadcast contract with him was a company called Songyuan Mingjia Film and Television Culture Media (hereinafter referred to as: Mingjia Company), with a contract amount of 550,000, and there was no commitment to sales in the contract, he only needed to broadcast for 4 hours, no more than 40 products.

He said that the above-mentioned video about Xinxiang Company was also asked by Mingjia Company to record it, and he only later learned that someone was soliciting foreign investment in the name of "Gaudi Live Leader" and collected so much money.

The reporter learned from the merchant that the live broadcast sales on the spot were about 5 million. But Gaudí said that it actually only sold about 100,000 yuan, because "the product is unpopular, and it is not a hot product...... I can't sell it, I only collected 500,000, and now the merchant wants me to return 3 million, I confiscate the money, and I finish broadcasting according to the contract, I can't advance it."

The reporter learned that it turned out that Xinxiang Company was responsible for recruiting businesses in the whole live broadcast, and they knew Gaudi through Mingjia Company, and Xinxiang signed a contract with Mingjia after signing a contract with Mingjia, and then signed a live broadcast contract with Mingjia and Gaudi.

According to Mr. Tong of Mingjia Company, at that time, Xinxiang Company said that he had business resources and could pay for live broadcasts. But the other party is not clear about the attributes of the anchor and the fan audience, "everything is thrown into it." When the anchor got the goods on the air, he was "stunned", and the anchor also rejected it, saying that it couldn't be sold. But the contract was also signed, so I had to sell it head-on, "but it just messed up this thing." ”

Mr. Tong also understood the mood of the merchants, "I took tens of thousands of dollars out, but only sold a few hundred or a few thousand." "But the live broadcast has already been done, and the money can't be returned. He believes that if a merchant wants the anchor to bring the goods, he must call up the anchor's fan portrait, rather than blindly investing.

Mr. Zhao, who was in charge of the live broadcast of Xinxiang Company, also said that they were interested in the number of Gaudí's fans, and his previous sales data was good, so they planned the live broadcast. A total of 2.6 million "pit fees" were collected from merchants, but half of the money was used for commissions and rebates, and the other half was given to anchors, celebrities and streaming fees.

Regarding the problem of swiping orders, Mr. Zhao believes, "It is normal for fans to return after a few days of purchase, and it is a free choice of personal will." And there is no guarantee agreement in the contract, "According to the contract, there will be no rebroadcast and no refund after the broadcast, so there is no need to brush it." Mingjia also denied swiping orders.

Gaudi said that they also have a certain responsibility for this matter, that is, the audit is not strict, and the payment amount of the merchant is not reviewed one by one, and the brand is not confirmed in advance what it is going to sell, how many goods it has prepared, and so on. Next, they will discuss with the person in charge of Xinxiang Company to see if they can replace the product and make up the live broadcast or find other anchors to broadcast again.

Chat history is also a valid clause

Lawyer's statement: If it is verified that the order is swiped, it constitutes an illegality

The reporter learned from industry insiders that due to the complexity of investment promotion affairs, anchors with large volumes of goods generally choose to outsource to third-party companies to cooperate in attracting investment, and the third-party companies will select products to attract investment, and then take a cut from them. The anchor's choice to sign the contract through a third party does not exclude the consideration of exemption.

Brushing refers to creating false sales and positive reviews through false transactions to deceive consumers and platform supervision. Chen Fengfeng, senior partner and executive director of Sichuan Yingji Law Firm, explained that this behavior violated a number of legal provisions, including the Anti-Unfair Competition Law and the Consumer Rights Protection Law, and constituted an illegal act. The orders mentioned by the above-mentioned merchants are refunded in a short period of time, and one ID is placed in multiple stores, etc., can be used as the basis for swiping orders. In this incident, Xinxiang Company was responsible for attracting investment and planning the live broadcast, and there was false publicity, so it should bear the main responsibility.

Lawyer Lin Xiaoming, a partner at Sichuan Yishang Law Firm, said that if there is indeed a swiping order, then the relevant perpetrator may be suspected of fraud.

According to the provisions of the Civil Code, "if one party uses fraudulent means to cause the other party to carry out a civil juristic act contrary to its true intentions, the defrauded party has the right to request the people's court or arbitration institution to revoke it", that is, the corresponding legal act can be revoked; If the corresponding person adopts "fabricating facts" and "concealing the truth", for the purpose of illegal possession, pretends to be a staff member of the Gaudi side to deceive the merchant to sign an agreement, and the corresponding amount meets the standard for filing a criminal case, the relevant person may also be suspected of fraud.

In addition, even if the contract does not mention the guarantee, there is a corresponding statement in the chat record, and the merchant believes that the contact person is the representative of the other party to the contract, that is, Gaudí; or the person who connects himself claims to be the counterparty to the contract, so that the merchant has reason to believe that he has agency authority, which constitutes an apparent agency or professional act. According to the relevant provisions of the Civil Code, chat records are also considered legal and valid contractual agreements and should be fully performed. If it fails to perform, it shall bear the liability for breach of contract.

He believes that in this case, it does not matter whether Gaudí was aware of the relevant circumstances or not. Even if he doesn't know it, he should also correctly evaluate his or her area of expertise when signing a contract. After understanding the situation of the merchant, it is also necessary to disclose the content of his agreement with Mingjia Company, so that the merchant can make a choice.

Lawyer Chen Fengfeng suggested that when choosing a live streaming partner, merchants should carefully review the other party's qualifications, past performance, market reputation and audience portrait, and avoid blindly investing resources. At the same time, the merchant should sign a clear and clear contract to effectively agree on the rights and obligations of both parties, including the number of sales, return processing, cost allocation, etc. In the process of cooperation, it is necessary to keep all communication records, contract documents and transaction vouchers, so that strong evidence can be provided in the event of a dispute.

Afterwards, a merchant selling sea cucumbers said that after the incident, "I will not do anything that requires 'pit fees' and pre-commissions." ”

Red Star News reporter Zhang Ling and intern Zhang Zijing

Edited by Yixi Chen

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