For the holiday promotion in home shopping malls, a promotional advertisement of "Comparison of the whole city, compensation of 10 times the difference" is displayed. A consumer saw the situation, and the purchase was worse, but the home shopping mall repented. The consumer screamed that the home shopping mall demanded to honor the price comparison promise. A few days ago, the Chongqing No. 1 Intermediate People's Court determined after the final review that the home shopping malls and merchants fulfilled their promises and paid 10 times the difference: 12820 yuan. ? ? Really buy the difference During the National Day in 2012, a large home shopping mall in the northern new district issued a reward advertisement in order to attract customers: Welcome to compare prices across the city, and compensate 10 times the difference. Home shopping malls place special supply manuals and shopping guide manuals in shopping malls. The special supply manual states: Consumers are welcome to compare prices across the city. If any commodity is found to be higher than the same commodity in other shopping malls, or if the merchant intentionally raises the price, it will be compensated by 10 times the difference. After the report is verified and verified, the reward will be 1000 yuan. The advertisement attracted a lot of popularity, and sales in the mall went up. However, consumer Xiao Zhou believes that home shopping malls have the suspicion of playing publicity advertisements to attract favors, and after a few days of wandering, it is found that the floor of a brand sold by the home shopping mall is higher than the price outside. During the National Day holiday, Xiao Zhou bought 40 square meters of a brand floor in the Erlangyi large-scale home furnishing market and paid 15456 yuan for the goods. Afterwards, he negotiated a refund with the merchant. The next day, he came to this home shopping mall, where he also ordered a floor area of ​​40 square meters at a certain brand floor merchant Lin, and paid 16,738 yuan for the goods. On the same day, Xiao Zhou handled the refund of the returned goods. The brands, specifications, models, and materials of the two floors purchased are the same. ? ? Request to honor the price promise Half a month later, Xiao Zhou filed a complaint with the district court and brought the home furnishing mall and merchant Lin, who offered a bounty advertisement, to court. Xiao Zhou asked the defendant to compensate for the difference of 12820 yuan and a bonus of 1,000 yuan by 10 times the difference of 1282 yuan based on the behavior of the reward advertisement in the special supply manual. Home Mall repents. Shopping mall and merchant Lin argued that Xiao Zhou was not specifically for the consumers mentioned in the manual, and therefore requested the court to dismiss the other party's lawsuit. In view of the new types of rights protection cases caused by reward advertisements, the district court has also tried several times. Two months later, the district court decided in the first instance that the home shopping mall and Shangmou Lin fulfilled the price comparison promise to Xiaozhou, paying the difference compensation of 12,820 yuan and the bonus of 1,000 yuan, totaling 13,820 yuan. Later, Lin appealed. A few days ago, the Municipal First Intermediate Court issued a civil ruling to uphold the first-instance judgment. ? ? If the price difference standard is not specified, the higher standard should be used for compensation Liu Xiaoting, the judge of the fourth court of the district court, said that the case was a dispute caused by the shopping mall boasting Haikou's promise of high prices, which was caused by consumers' purchase of goods. This case is typical in the overwhelming commercial publicity. According to Liu Xiaoting, regarding the determination of the amount of compensation for consumer price differences, the courts have had a lot of controversy during the trial process: One opinion is that the price difference should be calculated based on the unit price. Square meters, while other shopping malls sell 356 yuan, the middle price difference is 30 yuan, and 10 times the compensation is 300 yuan; another view is that the actual total price should be calculated, the total difference is 1282 yuan, and 10 times the compensation is 12820 yuan. The reward advertisement does not specify whether the price difference is calculated by the unit price or the total price. Based on the principle of buying more and paying more to consumers, home shopping malls should bear the adverse legal consequences of compensating at a relatively high standard for the amount of the difference. ? ? Support "buy more and pay more" to standardize business publicity The judge of the case held that the home shopping mall promoted it in the form of a reward advertisement, with the purpose of promoting sales and profiting from it. While making profits, it should bear legal consequences for its reward behavior. The judge of the case also believes that compensation according to the total price, although it may lead to more buying and more compensation, is not conducive to commercial publicity and consumption in the short term, but has a warning function, which can promote operators to consciously regulate commercial publicity behavior, thereby further safeguarding consumer ’s Legal rights. The judge of the case also stated that if there is a situation in which the amount of compensation greatly affects the fairness of the case, the court will also consider using the principle of fairness in the civil law to balance it. ? ? The court interprets the case, ordinary people can apply to study the law Recently, the district court conducted the first court open day and typical case interpretation meeting in 2014, and disclosed the rights protection case at the meeting, which aroused great interest from the participants. Huang Wei, director of the research office of the district court, said that the court will conduct a court open day event and a typical case interpretation meeting every quarter to enhance the transparency of court work.
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