1 yuan 2 cups of coffee, is it the deliberate marketing of the merchants or the wrong price configuration in the background?
On April 18, due to caffeine hunger, Ruixing had a large number of orders on the platform, which led to the suspension of online business. Subsequently, "Luckin Coffee Apology Letter" and "Is it reasonable for Ruixun to cancel the bug order" rushed to Weibo for hot search, causing disputes among netizens.
18 in the morning, many netizens found that Ruixing was hungry and the prices of several packages on the platform were abnormal. After the preferential price is superimposed on the red envelope of hungry members, the price of a set meal (two cups of coffee) is the lowest, even 0.0 1 yuan.
At 9: 4 1, Luckin Coffee issued an apology letter: "Due to the lack of food, the price of Ruixing Coconut Cloud Package was wrong in a short time, and the store was squeezed by a large number of abnormal orders. In order to operate normally, we have urgently cancelled the abnormal order of Hungry Platform. If the store is hungry, we will temporarily close the store and will consider making user compensation until further notice. " .
Luckin Coffee said: "In order to operate normally, we have urgently cancelled the abnormal order of the hungry platform. If the store is hungry, we will temporarily close the store and will consider making user compensation until further notice. "
1 1: 08, luckincoffee of Luckin Coffee replied in the comment area of the apology letter: "After verification, this is caused by the configuration error of the internal operator of Ruixing. If you are hungry, I'm sorry to bother you, but we are already dealing with the follow-up questions. Thank you! " .
Some netizens said, "Don't apologize, I have arrived", and some netizens whose orders were cancelled on the night of the meal said that the customer service was hungry and got the original red envelope paid by Luckin Coffee. Others question that this is a marketing tool of Luckin Coffee, saying that this marketing is very powerful and cheaper than the endorsement fee.
? Anyway? Ruixing's handling speed in the face of emergencies is still worthy of recognition. It decisively closes the store and makes adjustments.
Is Ruixing suspected of breach of contract? Does Ruixing have the right to cancel abnormal orders?
An Xiang, director of Beijing Dexiang Law Firm, believes that whether Ruixing is suspected of breach of contract depends first on whether the contract between Ruixing and consumers is established.
"Ruixing's problem order discount is less than 10%, which is far from the original price. According to the common sense of life, you can judge the fact that there is a wrong price setting. " An Xiang said that the premise of the establishment of the purchase contract is that the merchants and consumers reach an agreement through consultation, and Ruixing's obvious price error does not reflect the true meaning of the merchants.
Article 54 of the Contract Law stipulates that one party has the right to request a people's court or an arbitration institution to modify or cancel a contract concluded due to a major misunderstanding. This also means that if the "low-priced coffee" is caused by the wrong price setting, then Ruixun's cancellation of the problematic order does not constitute a breach of contract.
? Article 55 of the Consumer Protection Law stipulates that consumers can demand "one refund and three compensations; If the increased amount of compensation is less than that in 500 yuan, it shall be compensated in 500 yuan. The premise is that if there is evidence that Rui has escaped malicious marketing, he is suspected of fraud.
Jiangsu Consumer Protection Committee expressed its views on Ruixing's cancellation of orders.
From a legal perspective, operators have the right to regret. Article 147 of the Civil Code stipulates the right to revoke a civil juristic act on the basis of gross misunderstanding. The operator's appeal to consumers to cancel the order means renegotiation, which is the legitimate right of the operator.
However, it is obviously difficult for operators to convince consumers unilaterally. Without the corresponding supporting materials, it is difficult to judge whether it is malicious marketing or "work error". After all, from Yuan Qi Forest to Starbucks to Ruixing, too many hot searches have consumed consumers' trust. What enterprises get is traffic, and what consumers get is just arbitrary "cutting orders".
The Provincial Consumer Protection Committee believes that operators deliberately create price loopholes in marketing, and are suspected of violating the Consumer Protection Law, infringing consumers' right to know and property, and smashing their own signboards, and should be punished as necessary. On the other hand, even if it is just a work mistake, there is not enough transparent evidence to prove that marking ultra-low prices is indeed an "operational mistake", which will inevitably make it look more like a deliberate marketing. Operators should respect the legitimate rights and interests and demands of consumers, give appropriate compensation, truly strengthen mutual trust, and turn possible malicious confrontation into goodwill dialogue.
At present, Luckin Coffee said that all losses will be borne by Luckin Coffee, and "32 yuan vouchers" will be reissued for all users' accounts of Hungry Platform one after another today, valid until April 30th. At the same time, Luckin Coffee will also compensate the users who cancelled their orders due to abnormal waiting time during the morning rush hour yesterday.