The "Regulations" clarify that the promotion price reduction needs to clarify the benchmark price of promotion, that is, the original market price. If the promotion benchmark price is not indicated or not, the discount and price reduction shall be based on the lowest transaction price of the same operator in the same business premises within seven days before this promotion. If no transaction is made within the first seven days, the discount and price reduction shall be subject to the last transaction price before this promotion.
For various promotion methods such as drawing red envelopes, taking chances, and sharing bonuses in teams, the regulations also include them in supervision. It is clear that lottery sales with prizes refer to accidental or uncertain ways such as lottery, lottery and games. This determines whether consumers will win.
The "Regulations" also clarify that before selling with prizes, operators should clearly announce the information such as prize types, participation conditions, participation methods, lottery time, lottery method, prize name, prize types, prize quantity or winning probability, redemption time, redemption conditions, redemption method and delivery method, which shall not be changed or added, and shall not affect the redemption, except for those that are beneficial to consumers.
Violation of the above provisions constitutes a price violation, which shall be punished by the market supervision and management department according to the laws and regulations on price supervision, and publicized to the public through the national enterprise credit information publicity system.
Background of the Regulations
First, promotion has become an important means for enterprises to expand sales, and it is imperative to strengthen the regulation of promotion behavior. Improper promotion methods such as grand prize sales, false promotion and non-performance of preferential commitments are becoming more and more frequent, which affects the fair and just market competition order and damages the legitimate rights and interests of honest operators. It is necessary to strengthen the regulation of sales promotion and create a good market environment for the healthy development of enterprises.
Second, sales promotion has become a new way to stimulate consumption, and it is increasingly urgent to strengthen the protection of consumer rights and interests. In recent years, operators have benefited consumers through promotional activities, and the turnover of e-commerce platforms has been constantly refreshed in the promotion seasons of "6. 18" and "double 1 1", which reflects the powerful pulling effect of promotion on consumption.
At the same time, operators make use of emerging technologies such as the Internet, which makes the promotion rules more complicated, the promotion patterns are constantly being refurbished, and the promotion behavior is difficult to distinguish between true and false. The urgent task is to crack down on all kinds of improper promotional activities, so that consumers can truly "buy losses without being fooled" in promotional activities and create a consumer environment that can reassure the masses.
Third, the market supervision rules need to be constantly improved to form a joint force of supervision. After the establishment of the General Administration of Market Supervision, it has continuously strengthened the integration of market supervision rules and achieved remarkable results. At present, China's legal norms on the promotion of business operators are scattered in the Anti-Unfair Competition Law, the Consumer Protection Law, the Price Law and many other laws.
The original "Several Provisions on Prohibiting Unfair Competition in Bonus Sales Activities" is difficult to fully reflect the new requirements of the superior law. It is urgent to sort out and refine the specific legal provisions and formulate a special law to regulate the promotion behavior.
Refer to the above contents: Order of the Central People's Government of People's Republic of China (PRC)-State Administration of Market Supervision