Recently, a business in the former Jingdong Mall was removed from the shelves and removed from the store for selling counterfeit cosmetics. The business sued Jingdong company, the operator of the platform of Jingdong Mall, to the court. Later, it was counterclaimed by the latter, demanding that it pay liquidated damages.
it is understood that an online service agreement has been signed between a certain merchant and Jingdong company to open a shop in Jingdong Mall to sell cosmetics of a famous brand. However, it was found that the goods sold by Jingdong company were counterfeit products after spot check and brand identification. Accordingly, Jingdong company issued the confirmation form of breach notice to the merchant, and the merchant did not file a complaint within the appeal period. Then, Jingdong company closed the store, frozen the wallet, deducted 100 points and demanded to pay the penalty for the serious violation of the business’s selling counterfeit goods. The business refused to accept the punishment measures of Jingdong company, and filed a lawsuit to the court, demanding Jingdong company to return the payment for goods, platform usage fee, shop quality guarantee deposit, etc. Jingdong company did not agree with the lawsuit request of the business, and filed a counterclaim on the ground that the seller had violated the contract agreement and legal provisions by selling counterfeit goods, and demanded that the business should pay a total of 2 million yuan as liquidated damages.
the court held that the liability for breach of contract with obvious malice should be increased. Jingdong Mall is a well-known retail e-commerce platform in China. The purpose of setting up stores in Jingdong Mall is to attract more consumers and obtain greater profits with the help of the accumulated traffic, goodwill and reputation of the platform. Then businesses should enjoy this resource, and at the same time, strictly abide by the contract and platform rules, operate in good faith, and maintain the consumption environment in the platform. In this case, the seller’s behavior of selling fake goods is a malicious act that seriously violates the contract agreement, platform rules, laws and regulations and basic business ethics of both parties, and has obvious subjective fault. Therefore, the platform needs to pay a large cost. Specifically speaking, from the perspective of platform governance cost, because of the illegal behavior of businesses, Jingdong has to set up a professional team and entrust professional institutions to conduct the discovery, evidence collection, notarization, processing and response to lawsuits of businesses selling counterfeit goods, and deal with complaints, reports and lawsuits of consumers, and even pay high compensation in advance, which belong to the cost of platform governance; from the loss of goodwill of the platform From the perspective of potential losses, a large number of businesses choose to operate in Jingdong Mall, involving a large number of businesses and consumers, and the transaction amount is huge. The fake selling behavior of merchants not only seriously damages the interests of consumers, but also disturbs the normal operation and management order of the platform and damages the goodwill of the platform. In order to control the quality of merchants and commodities and realize self-discipline management, the compensation standard is set by the platform rules, which not only plays the role of maintaining the network environment, but also plays the role of protecting the legitimate rights and interests of consumers and protecting the goodwill of the platform. The compensation standard is reasonable.