Banks to test the water electricity supplier commercial exploration to break the law and integrity

a, Event Background:

2008, Beijing Electronic Information Technology Co., Ltd. usesun operating under the credit card installment shopping platform "and" shopping, get nearly 20 bank credit card installment mall third party operation qualification. At the same time, and won the Gobi shopping capital US $10 million, and the rapid expansion. In the same year was also named the best business model honorary title, no two.

However,

recently suddenly burst, Beijing Electronic Information Technology Co., Ltd. is excellent in case there is no sign of suddenly declared bankruptcy, leaving nearly 30 million yuan of debt, including 6 million yuan not shipped goods orders.

according to the media survey reported that there are a number of consumers in the bank to open the staging shopping website or electronic shopping website to purchase orders of goods, and the first phase of the money was designated to go, but then did not see the delivery, then will be informed of the news and corporate bankruptcy.

two, related survey:

The

survey, and in the business model, is a partnership with the bank, committed to the user interest free installment fee free shopping. Of course, this part Miandiao fee is a payment to the bank and, for example, a nearly 5000 yuan Apple mobile phone, electronic mall will give banks 400 yuan fee, while the middle spreads only 200 yuan. So, sell and sell each one apple mobile phone, carrying a loss of 200 yuan, plus office, warehouse rent, the loss will be more.

and are willing to operate at a loss, to spend 200~250 yuan cost to obtain a consumer information, will use the database to sell high value-added. However, due to various reasons, and the final funding strand breaks, did not support the profit turning point.

concern is the same, and cooperative banks bear the dual function of payment and publicity for electronic business, many banks installment is to do the site and generation operation, more seriously, many consumers reflected in and on the eve of bankruptcy, the consumer orders, did not receive confirmation the goods, credit card money has been transferred out of the bank, they think that banks are not in accordance with the contract to provide payment services to the occurrence of the loss.

three, analysis comments:

in the field of e-commerce new business models emerge today, this case once again let people start thinking about the legal status of banks and shopping website operators, as well as consumer rights issues.

this, China Electronic Commerce Research Center special researcher, Zhejiang Jin Road Law Firm lawyer Zhang Yanlai, from a legal perspective to make a professional interpretation:

view: electronic business model is novel, high risk

1, electronic mall: the initial losses to the bank to pay high fees, late for numbers of users and data, to.

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