People's Court: Luckin Coffee will not be punished in the bug incident, but those who "take advantage of wool" may be punished!

For Luckin Coffee this bug incident unilaterally cancelled the order whether there is infringement / breach of contract, all netizens and lawyers have different views. Yesterday, a small friend left a message that the people's Court newspaper published a relevant article on the official account on the day of the bug incident, which discussed not only whether Luckin Coffee's handling of the bug incident was reasonable and legal, but also whether the bug incident and those "wool wool" friends were reasonable and legal.

First of all, the definition of "shredded wool" means that consumers buy related products at preferential prices by participating in various welfare activities provided by merchants, so as to achieve the purpose of saving money. But the premise is that such welfare activities are specially provided by merchants, and in some cases where there is a great gap between the price and the original price due to system failure / misoperation of personnel, consumers may violate the law if they spend a lot of money.

This lucky bug incident, some netizens found that the price of the Luckin Coffee store package on the ele.me platform was abnormal, after it could buy two coffee drinks for less than 5 yuan or even a penny. After wool was found, a large number of netizens began to pour into the order platform to take advantage of a wave of wool.

At the same time, a number of stores staying on the takeout platform in many cities had crowded orders, and then a number of stores entered the state of closing, while canceling most of the orders purchased at ultra-low prices. as a result, a large number of people did not succeed in "fleece wool" and did not even if the refund processing caused dissatisfaction among netizens, and asked Lucky to give discount coupons and other related compensation requirements under Lucky's official apology.

As to whether it is reasonable and legal for Ruixing to cancel the order unilaterally without communication, the people's Court newspaper quoted the views of well-known legal bloggers as saying: objectively speaking, when consumers buy low-cost products, they do not know whether the merchant is really promoting or making mistakes, so after the consumer issues the order payment, the purchase contract will be established and effective. In this case, if Luckin Coffee unilaterally cancels the timing without communication, the consumer can ask the merchant to continue to perform the contract / claim compensation for the loss.

However, the explanation given by Luckin Coffee afterwards is caused by the wrong staffing, so the cancellation of the order does not belong to the direct cancellation of the order, but belongs to a major misunderstanding to advocate the cancellation of the contract.

According to Article 19 of the interpretation of the Supreme people's Court on several issues concerning the Application of the General principles of the Civil Code of the people's Republic of China, the actor has a wrong understanding of the nature of the act, the other party or the variety, quality, specification, price and quantity of the subject matter, and according to the usual understanding, if the misunderstanding does not occur, the actor will not express the corresponding intention. The people's court may regard it as a major misunderstanding stipulated in Article 147 of the Civil Code.

However, if the contract is revoked on the grounds of major misunderstanding, it needs to be sued in court. According to Article 147 of the General principles of the Civil Code of the people's Republic of China, the actor shall have the right to request the people's court or arbitration institution to revoke a civil legal act committed on the basis of a major misunderstanding. However, the cost is too high and the procedure is too cumbersome. Lucky can negotiate with consumers to get understanding and support, such as giving consumers some compensation, and consumers agree to cancel.

So Ruixing said in the apology letter released on the same day that it will consider doing user compensation, which is a process of negotiating with consumers and obtaining understanding and support. On April 19th, they successively issued "32 yuan vouchers" to users of takeout platforms that were unilaterally cancelled by Ruixin, and also issued coupons to non-takeout platform users who were waiting for abnormal cancellations due to the morning peak of the bug incident.

Although Luckin Coffee handled the matter in such a hurry that the matter did not get reasonable communication, legally speaking, Ruixing's incident did not constitute a violation of the law. It is not illegal for a partner who has the opportunity to buy a low-priced drink this time. After all, we do not know whether this promotion is a mistake, but it is illegal to realize that it is bug and maliciously "fetch wool" / place a large number of orders, no matter whether we make a profit from it or not.

For this reason, the people's Court reminded the public that there should be a bottom line for being greedy for bargains, and that the opportunities to obtain concessions beyond the normal scope caused by system vulnerabilities should not and should not be touched. Even if there are technical loopholes in some business platforms, it does not mean that it can be used illegally, and consumers cannot use it as an excuse to cross the red line of the law.

Photo Source: Internet

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