Signed a contract worth 510,000 yuan for live delivery and arranged for Chen Xiaochun and Internet celebrities to bring the goods together. As a result, the three live broadcasts only sold 5,000 yuan, and the merchants took the media company responsible for the live broadcast promotion to court. On December 25, upstream news reporters learned that the Guangzhou Intermediate People’s Court has recently issued a second-instance ruling, ruling that the media company that had the live broadcast promotion agreement returned more than 410,000 yuan in service fees to the plaintiff’s merchants.
access:
ECS year-end special: cloud server as low as 38 yuan/year
Upstream news reporters can see from the (2021) Guangdong 01 Minzhong No. 19281 Civil Judgment issued by the Guangzhou Intermediate People’s Court that in October 2020, a massage company and a media company signed a “Double 11 Matrix Live Broadcast Promotion Agreement.” . The agreement stipulates: From November 1, 2020 to November 11, 2020, the media company will provide 16 live sales promotion activities, of which 10 will be executed by talents with a total number of fans greater than or equal to 10 million, and 6 will be performed by other celebrities. The host performs in his Internet live broadcast room.
After the massage company paid 515,000 yuan for the promotion service as agreed, the media company sent the “Double 11 Live Broadcast Change Instructions” to the massage company, changing the anchor executor of the original 16 live broadcasts to the actual arrangement of film and television star Chen Xiaochun Add 3 Internet celebrities, the time is from November 5th to November 11th, and agreed to reduce the service fee by 100,000 yuan.
On the afternoon of November 5th, Chen Xiaochun’s live broadcast did not include a product link in the live room during the live broadcast, which resulted in the massager company’s products being taken off the shelves within a few minutes of the live broadcast. Later the media company arranged for Chen Xiaochun’s assistant to make a supplementary broadcast in the evening of the same day. After the completion of the above 4 live broadcasts, the massage company’s product sales were only more than 5,000 yuan.
After hearing the second instance, the Guangzhou Intermediate People’s Court held that the “Instructions for the Change of Double 11 Live Broadcast” changed the 16 anchors in the original contract to 3 internet celebrities and Chen Xiaochun, but also stated that the contents of the other contracts remained unchanged. That is to say, “Double 11 Live Broadcast Change Instructions” only reduces the number of people who intend to participate in the host, but does not change the number of live broadcasts from 16 to 4.
In the actual live broadcast implementation, the live broadcast of Anchor A, Anchor B, and Internet celebrity C are all one. After Chen Xiaochun’s live broadcast, because the goods involved in the case did not have a product link in the live broadcast room, they were removed from the shelves, and Chen Xiaochun needed to supplement one live broadcast. However, Chen Xiaochun himself failed to live broadcast. Instead, his assistant replaced Chen Xiaochun. The effect of assistant supplementary broadcast is obviously not the same as that of Chen Xiaochun, and Assistant Chen Xiaochun is not the traffic anchor agreed in the original contract, so it should be considered that Chen Xiaochun’s live broadcast was unsuccessful. In summary, the media company actually arranged a total of 3 live broadcasts, but the contract stipulated that 16 live broadcasts should be broadcast. Therefore, a media company seriously breached the contract.
The court found that, because the “Double 11 Live Broadcast Change Instructions” only reduced the number of people who plan to participate in the live broadcast, and other contract terms remain unchanged, the ROI guarantee stipulated in the original contract should of course continue to apply. Second, in accordance with the ROI guaranteed in the contract, the minimum amount of live broadcast sales is as high as 1 million yuan, but the actual sales after the live broadcast is only 5,000 yuan. It is obvious that the contract will not be achieved by continuing to perform the contract and broadcasting 3 games by the media company. Therefore, The massager company no longer requires re-broadcasting and requires a reasonable refund, which is supported by the Guangzhou Intermediate Court.
In the final judgment of the Guangzhou Intermediate People’s Court, the massage company chose a reasonable refund based on the proportion of the sessions that failed to broadcast live, that is, the media company should refund the total service fee of 41,8437.5 yuan (515,000 yuan * 13/16) to the massage company.
Lawyer reminded
Four points should be paid attention to before signing the live broadcast agreement
“This case is very typical of the industry.” Mr. Dai, a service provider in Chongqing who has provided services to online e-commerce for a long time, told upstream reporters: “There are three important links in the logic of e-commerce: sales, product selection, and supply chain. In general, live broadcasts will provide sales support for merchants. Otherwise, who will do it? Except for entertainment star anchors, the ability to sell goods is to compete with the anchors.” Mr. Dai pointed out: “The rules of e-commerce change on a daily basis. This The case is that the front-end work of both parties did not do well.”
Zhou Xiaoshan, a lawyer from Chongqing Yuhe Law Firm, reminded merchants to sign an entrustment agreement for live delivery. In order to avoid disputes during the implementation process, four points should be noted: First, specific agreements should be made on the details of the live broadcast, such as the host, the number of live broadcasts, and the live broadcast. The platform, live broadcast method and live broadcast time, and even the layout of the live broadcast room, etc., so that each link can be followed; second, the goal or effect that the live broadcast should achieve should be clearly agreed; third, if the entrusted live broadcast party does not According to the agreement, if the agreed purpose is not achieved, what responsibilities should be assumed; fourth, during the performance of the contract, the other party should respond to the communication opinions of the other party in a timely manner to avoid misunderstanding.
News extension
Those who “rolled over” in those years with goods stars
Yang Kun: Sold 1.2 million and returned 1.1 million
On November 8, 2020, Yang Kun conducted a live broadcast with goods in his live broadcast room. On this day, he sold a total of 40 products such as down jackets and facial masks. The pit fees offered by the merchants ranged from 100,000 to 135,000, and one of them also gave a commission of 20% of Yang Kun’s sales.
But what they didn’t expect was that the anticipated live broadcast did not bring about a sales miracle, but a tragic “rollover scene.”
Some merchants said that 3,500 orders need to be sold to recover the pit fee. In the end, only 180 orders were sold for more than 30,000 yuan; a 99 yuan box of facial masks sold 18,000 yuan, but the refund was nearly 4,000 yuan; some products are live broadcast nowadays The order was very good, but in the end there was a 90% refund. One of the merchants spent 120,000 yuan in pit fees, and the total sales volume that day was 1.2 million yuan. Unexpectedly, a large amount of refunds of more than 1.1 million yuan were made in just one day, and the actual sales were only 40,000 yuan.
Merchants realized that Yang Kun’s live broadcast might have “swiping orders” behavior, and they united to establish a rights protection group “Yang Kun live broadcast pitted merchants”. Regarding the loss of the business, the director of operations said that it can be “re-broadcast”, but there is no refund.
In the end, the merchant chose to call the police, but the police said that even if there is evidence that Yang Kun’s live broadcast relied on swiping orders to impulse, it can only be said to be “shoddy”, not “fraud”, but only a civil dispute, so it is recommended to take legal channels , The police refused to open the case.
Wu Xiaobo: 8.6 million people watched and only sold 15 cans of milk powder
On the evening of June 29, 2020, Wu Xiaobo opened a live broadcast of the “New Domestic Product First Release” special on Taobao. According to official data released thereafter, the 5-hour live broadcast that night attracted 8.6 million people, with 34,000 pieces of goods sold and nearly 24 million yuan in GMV.
But afterwards, a participating merchant said: “We paid 600,000 yuan for the pit fee, and the actual transaction was less than 50,000 yuan. It was really shocking.” Another dairy company said that only 15 cans were sold on Wu Xiaobo’s live broadcast. milk powder.
After the incident was exposed, Wu Xiaobo published a self-reflection article entitled “Fifteen Cans”.
Wang Han: The start-up fee is 100,000, and the return rate is 76%
On November 6, 2020, the artist Wang Han of Galaxy Stars Broadcasting Organization hosted a “Shunde Special Live Broadcast”. Some merchants who participated in the event publicly questioned after the live broadcast, saying that the start fee was 100,000, 1,323 units were sold on the same day, and 1,012 units were refunded. The refund rate was 76.4%, and the ROI was only 0.3. “What is even more annoying is the live broadcast. A large number of refund orders for multiple refund orders caused my shop to receive false transaction warnings from the platform.”
On November 12, Shanghai Yinhe Zhongxing E-commerce Co., Ltd., the live broadcast agency signed by Wang Han, issued a statement stating that the company has never made any fictitious data or purchase traffic. Competitive behavior”.
Li Xiang: I didn’t sell a piece of 800,000 pieces of goods in 5 minutes
In April 2020, a merchant asked Li Xiang to sell mink sweaters live. The original price of the product was 8313, and the discounted price was 4988. The price of Li Xiang’s live studio was reduced by another 800 yuan, but none of them were sold. The business could only come out crying: Asking her for 5 minutes, she spent 800,000 pit fees to get rid of it.
“Guangdong Rain God” + Wang Jing: Only 6 bottles of skin care products were sold for 80,000 yuan
In July 2020, a skin care product company signed a “Promotion Cooperation Agreement” with a brokerage company, stating that “In view of the fact that Party B intends to hold an event with Guangdong Yushen and director Wang Jing on a certain platform, Party A intends to entrust Party B to promote Party A through designated activities Designated goods”, the designated product name is a certain amino acid cleansing honey, and the promotion service fee is (including tax) 82820 yuan.
On the night of the live broadcast, the network technology company arranged for the anchor “Guangdong Rain God” to conduct live broadcast promotion activities. The promotion period of this skin care product starts at around 00:07 that night. During the agreement, the director Wang Jing did not appear, and the final sales of the product were only 6 bottles totaling more than 800 yuan.
Afterwards, the skin care product company sued the brokerage company to the court, requesting the brokerage company to compensate the corresponding losses and other expenses totaling more than 97,000 yuan.
The court found that the plaintiff’s product sales period was arranged in the early morning, and Wang Jing never appeared during the live broadcast. The defendant did not perform his obligations fully in accordance with the agreement. The performance of the contract was flawed and constituted a breach of contract. Based on the actual situation of the case, the court determined that the defendant’s brokerage company should compensate the plaintiff for service fee losses of 25,000 yuan and other litigation costs totaling more than 35,000 yuan.
.