Oh, ho! Luckin Coffee unilaterally canceled the bug order suspected of infringement?
On the morning of April 18, Ruixing caffeine ele.me platform order prices attracted "active participation" from netizens. The sudden influx of a large number of orders, so that many Luckin Coffee store staff came "unprepared." Lucky barista who went to work that day said on the Internet, "I'm the only one on the morning shift today!" Make me look stupid! A man flew up at the bar, but fortunately, a colleague who lived nearby came back in time to save me.
Suddenly a large number of orders were placed, Luckin Coffee immediately stopped online business on the ele.me platform, and some stores that were "blocked" by orders also suspended Mini Program and counter orders. In the afternoon, Mini Program and counter orders in these stores were back to normal. In the face of the bug, Luckin Coffee posted a letter of apology on the official Weibo at noon and morning that day and explained the cause of the bug accident:
Although Lucky said it had urgently cancelled the abnormal order on ele.me platform and said it would consider making user compensation and further notice, Luckin Coffee's unilateral cancellation of the order attracted a large number of netizens. According to the reflection of some netizens, many of the bug orders placed by themselves are not delivered but show that they have been delivered. After waiting for more than 4 hours to cancel, then cancel. The cancelled order does not have a series of problems such as refund processing.
As for the bug explanation made by Luckin Coffee at noon, which was caused by Ruixing's internal operation staff misconfiguration, netizens said: do customers have to pay for internal errors? We all know that there are a large number of orders will not be in a hurry to drink, obviously can be distributed in order, why should be cancelled unilaterally, can not afford to play?
For the sudden bug and a variety of later "unreasonable" treatment, some netizens questioned Ruixing malicious marketing, through the way of Bug, to maintain the popularity of Ruixing's most proud coconut coffee products. Some netizens also asked whether the practice of unilaterally canceling the order was an infringement.
In the face of questions raised by netizens, lawyers also have their own views ~ some lawyers think that Ruixing's unilateral cancellation of the order is suspected of infringement. The lawyer said that according to Article 53 of the Consumer Rights and interests Protection Law: "if an operator provides goods or services in the form of advance payment, he shall provide them in accordance with the agreement." If it is not provided in accordance with the agreement, the agreement shall be fulfilled or the advance payment shall be returned in accordance with the requirements of the consumer; and shall bear the interest of the advance payment and the reasonable expenses that the consumer must pay. "therefore, when canceling an order, it is necessary for both parties to reach an agreement to cancel the order that has been established (the consumer has completed the payment of the order and the merchant has received the order) and a full refund is processed.
There are also lawyers who believe that according to Article 54, a party to a contract concluded as a result of a major misunderstanding has the right to request the people's court or an arbitration institution to modify or cancel it. The discount of this lucky lucky problem order is less than 90% discount, which is far from the original price. According to common sense, we can judge the fact that there is a mistake in price setting. The premise of the establishment of the purchase contract is that the merchants and consumers agree through consultation, while Lucky's obvious mispricing does not reflect the true meaning of the merchants. Although many consumers place orders, the contract is legally revocable because there is a major misunderstanding. In other words, if the low-cost order of Lucky is caused by a mistake in setting up the system, then the cancellation of the problem order does not constitute a breach of contract / infringement.
But! If there is evidence to prove that Ruixing intentionally caused the system setup error because of malicious marketing, it is suspected of fraud. According to Article 55 of the Law on the Protection of consumers' Rights and interests, consumers may demand a refund of one or three compensation; if the amount of compensation is less than 500 yuan, the compensation shall be 500 yuan.
In the face of yesterday's bug incident, Luckin Coffee said in a post on his official Weibo on the morning of April 19: in response to the abnormal price in Ruixing ele.me store on the morning of April 18, Luckin Coffee bears all the losses and will gradually issue 32 yuan vouchers to all ele.me refund users on the same day. And lucky will also compensate coupons for users who cancel orders due to abnormal waiting time in the morning rush hour yesterday.
As for the follow-up treatment of this incident, some netizens said: when Lucky compensates customers for losses, they should also pay more attention to the baristas who were busy "taking off" yesterday because of operational mistakes.
Photo Source: online Weibo
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