Lost the case! After disappearing for 9 months, Via was sued to court!

After more than 9 months of suspension, former top anchor Weiya "returned" in another way.

After disappearing for so long, the legend of Viaya always popped up from time to time in the world. This incident was not so positive, and it can even be said to be some negatives. The incident began when Viaya's husband's company lost the case...

1. The performance of the contract is unfavorable, the merchant is in a hurry

"Agreed 60 million GMV

Only 2.23 million were completed

More than half a year has passed the agreed time”

So the brand owner couldn't sit still and filed a complaint to report the other party to court.

It turned out that as early as December 7, 2020, Kaisshengyang (Beijing) Advertising Co., Ltd. (hereinafter referred to as Kaisshengyang) signed the "Year Frame Cooperation Agreement" with Hangzhou Fengya Culture Media Co., Ltd. (hereinafter referred to as Hangzhou Fengya), which is held by Weiya's husband Dong Haifeng.

According to the agreement, Kaisshengyang paid 12 million yuan in live broadcast fees, Hangzhou Fengya promised to achieve a target GMV of 60 million, and the live broadcast GMV within three months from December 2020 to February 2021 shall not be less than 10 million.

On December 21 of that year, Kaisshengyang paid 800,000 yuan in advance to Hangzhou Fengya.

The real situation is that the live broadcast GMV completed by Hangzhou Fengya is far from meeting expectations . In December 2020, the brand was not arranged for any live broadcasts. In January 2021, four live broadcasts were arranged, with a cumulative live broadcast real-time GMV of 655,000, and a cumulative live broadcast real-time GMV of 859,000 in February 2021.

In the lawsuit, Kaisshengyang said that before the two parties signed the contract, Hangzhou Fengya promised many times that the anchor Wei could be arranged to broadcast, but in actual performance, Wei was never arranged to broadcast.

Wei here is Weiya. When Weiya disappeared from the live broadcast industry due to tax evasion, the remaining GMV was nowhere to be achieved.

Kaisshengyang believes that Hangzhou Fengya has constituted a breach of contract and requires the court to confirm the termination of the contract between the two parties, and at the same time, it requires Fengya Company to return the contract payment and pay a penalty of 800,000 yuan.

Of course, Hangzhou Fengya did not admit his mistakes, but argued that Kaisshengyang had breached the contract, such as not paying the deposit in full, not guaranteeing inventory, not cooperating with the live streaming pace, errors in the specifications of the sample delivery, inaccurate product information, untimely delivery of samples, inadequate delivery of samples, inadequate delivery of samples, inadequate logistics, poor after-sales attitude, etc., and even violated the exclusive promise and cooperated with other anchors without authorization.

But the fact is that Hangzhou Fengya did not complete the GMV agreed in the contract within 3 months. In order to save himself, Kaisi Shengyang arranged for the anchor to broadcast live in the flagship store after March.

In the court's judgment, it was believed that the sample error and logistics issues were individual issues, and Hangzhou Fengya was obliged to inspect the sample situation before the live broadcast, rather than blaming Kaisi Shengyang. Many of Hangzhou Fengya's requirements were temporarily put forward before the live broadcast, causing trouble to Kaisi Shengyang. Kaisi Shengyang did not have any situation of not cooperating with the live broadcast.

The final judgment result was that the contract stipulated that Fengya Company promised to complete the target GMV of 60 million yuan and actually completed the GMV of more than 2.23 million yuan. Fengya Company should return part of the live broadcast fee in proportion, and ruled that Fengya Company should return more than 350,000 yuan to the plaintiff and pay 40,000 yuan in attorney fees.

2. What is the origin of Hangzhou Fengya?

What is the origin of Hangzhou Fengya Company, which was accused in court?

Qichacha shows that the major shareholder of Hangzhou Fengya is Qianxun (Hangzhou) Culture Media Co., Ltd. (hereinafter referred to as Qianxun Culture), whose shareholding ratio reaches 60%, and Weiya's husband Dong Haifeng indirectly holds about 33.73% of Hangzhou Fengya's equity, which is the suspected actual controller.

As early as April 2017, Weiya and his wife set up the fields of short videos and live broadcasts, founded Qianxun Culture, focusing on anchor incubation and global marketing and other businesses. Before the accident, Weiya was one of the many anchors under Qianxun.

Two years later, in 2019, due to business expansion, Weiya and his wife established Qianxun (Hangzhou) Holdings Co., Ltd., which controls more than 20 companies including Qianxun Culture, including Hangzhou Fengya.

Although she was forced to withdraw from the live broadcast world, Weiya did not leave the commercial world. She has 18 related companies and she also serves as the legal representative for 12 companies.

Weiya’s husband Dong Haifeng has 25 affiliated companies and 20 companies serving as legal representatives.

3. Be cautious when selling goods on live streaming to avoid getting stuck

In an era where everyone can live broadcasts, when top anchors are over, and when merchants collectively plan to sell goods, it seems that it is not important to squeeze into the live broadcast room of big anchors at any cost, because the live broadcast room of big anchors is just a sales channel.

For e-commerce merchants, performance and sales channels can never come from just one channel, so they can completely calm their mindset and do not need to enter the live broadcast room of big anchors. Live broadcast promotion depends more on the number of fans, traffic, attention, etc. of the anchor, which is uncertain.

What merchants really need to do is to layout every sales channel , such as offline physical stores, retailers, supermarkets, online store self-broadcasting, Douyin live broadcasting, etc., to develop their own abilities, strengthen and develop their own sales capabilities. At this time, entering the live broadcast room of big anchors is optional, and it is just icing on the cake.