On March 25, 2015, Lawyer Li Xiaofei was interviewed by Guangzhou TV, professionally analyzing the legality of conditional consumption in group-buying from a legal perspective.
Taking group-buy movie tickets as an example, consumers are often informed only when they arrive at the cinema for ticket redemption that additional payment is required; otherwise, they can only watch non-blockbuster films. In this regard, Lawyer Li Xiaofei held that a sales contract relationship is established between consumers and group-buying platforms. If any restrictions are attached to consumption, the group-buying platform must clearly state and prominently disclose such terms on its webpage.
Where the platform has given obvious notice and the consumer completes the group purchase voluntarily, the sales contract is concluded on the basis of mutual consent. Even if consumption is subject to additional conditions, no legal dispute shall arise.
However, if the group-buying platform fails to fulfill its obligation of reasonable reminder and conceals restrictive terms, it shall be deemed to have infringed upon consumers’ right to know and constituted breach of contract. Consumers may claim compensation from the platform with relevant evidence.
Lawyer Li Xiaofei reminded consumers to carefully read all information on the group-buying page before placing an order. When encountering unreasonable conditional consumption terms, consumers shall preserve screenshots of the group-buying page and relevant consumption vouchers so as to safeguard their legitimate rights and interests.
Lawyer Li Xiaofei further pointed out that the cost of individual rights protection for consumers is excessively high under the current situation, and group-buying platforms are lack of effective supervision. She suggested that competent authorities introduce supporting policies, such as promoting public interest litigation. Under such a mechanism, after consumers provide preliminary evidence, the competent administrative departments may resolve disputes by initiating public interest litigation and impose penalties on illegal group-buying platforms and merchants.