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Why do e-commerce always sell counterfeit luxury goods?

2017-05-09

  Recently, Guangzhou police seized a criminal gang selling counterfeit luxury goods bags. The investigation found that this gang had opened three stores on JD.com's global shopping platform, namely "Blue Label Overseas Shopping Store", "Kai Yixin Overseas Shopping Store" and "Meisbon Overseas Shopping Store" on JD.com's global shopping platform. The sales of Coach bags it sold were once ranked among the top three. JD Global Shopping has removed these three stores involved in the case. A relevant person from JD.com said that the involved stores have been frozen and the store products have been removed from the shelves, and the police have been waiting for the final investigation results. Once it is confirmed that the store has sold counterfeit behavior, it will fully cooperate with the police to hold the store accountable and provide consumers with advance compensation.

Why do e-commerce always sell counterfeit luxury goods?

  Margin cannot keep up with counterfeiters' high profits

  At present, several major domestic e-commerce platforms have adopted a combination of platform self-operation and third-party merchant entry. Since the relevant domestic e-commerce laws have not yet given clear norms on the cooperation model between merchants and platforms, the management rules for third-party merchants on different platforms are also different. At present, the common practice is that the platform collects a "security" from third-party merchants that have settled in order to force and restrain third-party merchants. But there is no clear standard for how much margin is collected.

  The reporter checked the latest entry rules for major e-commerce platforms in 2017. Among them, the entry of JD.com's e-commerce platform is divided into two sets of domestic and foreign standards. In addition to providing basic information such as corporate business license, tax registration certificate, bank account opening license, corporate legal person ID card, relevant qualification certificate for the industry to which the business goods belongs, and relevant certificate for the brand to which the business goods belongs. The difference between the well-known lies in the margin. According to the revised and released by JD.com on December 30, 2016, the margin standard implemented from January 1, 2017, among the more than 30 categories open to JD.com’s main site, the margin standard ranges from 30,000 yuan to 100,000 yuan. Among them, the margin required for operating luxury luggage is between 30,000 yuan and 50,000 yuan, and the margin for German and Swiss watches and audio stores is 100,000 yuan. This is even less than 1/10 compared with the highest selling price of Swiss watches on JD.com’s platform, which is close to 1.6 million yuan.

  Compared with the margin of domestic main websites, the margin standard for overseas purchasing platforms has doubled. Among the 23 categories, the margin ranges from US$5,000 to US$15,000. The margin collected by luxury luggage on JD.com is US$15,000, equivalent to about RMB 100,000. However, according to JD.com's other regulations, if the store operates 23 overseas luxury brands including MICHAEL KORS, COACH, Burberry, and Fendi, the platform will uniformly charge a warranty of US$30,000 for each store, equivalent to nearly RMB 200,000.

  这样的保证金对于售假店是否构成威慑?根据广州警方公开的信息,此次涉嫌售假的“紮卡诗奢侈品全球购专营店”的后台数据显示,近一个多月以来,店铺每天的发货量为60~150件,商品价格从几百到几千元不等。若按照100件,每件1000元计算,一个月的销售额就达到10万元,很快就能“收回”保证金。

  The average margin price for sales of various domestic products is 10,000 to 20,000 yuan, while the margin for overseas shopping platforms is 60,000 to 90,000 yuan, including luxury luggage and watches. The average margin price charged by Tmall International for merchants is US$25,000, equivalent to RMB 180,000, and also covers all categories. Amazon (China) does not charge a deposit for merchants who have settled in, and merchants only need to pay the management fee to Amazon every month. Once a fake sale is found, the store is waived as a punishment.

  Who will formulate the margin standard?

  "Margin is not a good way to manage merchants who have settled in." In the view of Liu Chunquan, a professional e-commerce lawyer, margin is an operating cost for ordinary merchants. Too much charge and too much burden will affect merchants' entry. Helplessly, it seems difficult for the platform to come up with better management methods at present.

  According to JD.com's regulations on merchants who purchase globally must be operated by foreign companies and shipped from bonded areas or overseas. At the same time, you must have overseas registration, overseas bank account, brand party/having brand authorization/providing product purchase certificates starting from the brand party. But the facts have proved that similar pre-authorization mechanisms also have loopholes. The fake online store investigated and dealt with by the police this time was completed through the "agent" agency. JD.com also confirmed that the qualifications submitted by these three stores when they settle in meet the standards.

  Dog bites hedgehog, nowhere to get teeth

  It is understood that domestic platforms have an insurmountable "hard flaw" in the review of authorized merchant qualifications - at present, domestic e-commerce platforms cannot directly verify their real authorization situation in China with overseas brand authorization parties. "That is to say, when reviewing the qualifications of dealers, it is difficult for the platform to directly verify with the brand official, and can only confirm through documents provided by the dealer." An e-commerce person complained.

  In addition, the "E-Commerce Law (Draft)" to be reviewed in August currently adopts the criteria for judging who sells and who is responsible, and does not clearly state the responsibilities of the platform. In Liu Chunquan's view, e-commerce platforms, as the sales entity, should bear certain responsibilities. The "E-Commerce Law" cannot endorse e-commerce platforms in disguise. Although administrative agencies have been promoting the supervision and legislation of various e-commerce, given that the Consumer Law has made it clear that the platform has no responsibilities, these supervisions are only targeted by sellers, and the supervision of the platform is "a dog bites a hedgehog and has nowhere to put a teeth."


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