Case Review

Xiao Li is a basketball fan. One day, he saw a live streaming room selling blind shoe boxes signed by players for 6000 yuan each. The host could open the blind boxes for him, and many buyers were able to find their favorite players' signatures. Xiao Li asked the anchor if there were sneakers signed by Jordan, and the anchor said they only knew that there was a signature from celebrity James, and it was uncertain who else had the signature. Xiao Li then placed an order to try his luck. In the purchase link, the product details page is the outer packaging of a shoe box, and a red prompt is used to indicate that minors are prohibited from placing orders, and refunds, returns, and exchanges are not supported after unpacking. The anchor confirmed the aforementioned purchase precautions with Xiao Li again in the live broadcast room. Xiao Li replied that he agreed to accept, and then the anchor opened a blind box. But after opening it, it was not the star player that Xiao Li liked, so Xiao Li placed an order 5 times without getting the signature of his favorite star player. Xiao Li felt deceived at this moment and applied for a refund from the platform. The seller believes that blind boxes inherently have uncertainty, and Xiao Li has accepted the risk mentioned in advance and does not support refunds. Xiaoli sued to the court.

Lawyer analysis

In recent years, blind box transactions have appeared in various forms in the market. In June 2023, the State Administration for Market Regulation issued the "Guidelines for the Norms of Blind Box Business Conduct (Trial)" to regulate blind box operations

1、 What is blind box management

Blind box business refers to the business model in which an operator, within the legal business scope, sells goods or services within a specific scope by random selection of consumers through the Internet, physical stores, vending machines and other forms, without informing the specific scope of goods or services in advance without informing the specific model, style or service content of the goods.

2、 What products can be used for blind box sales

Blind boxes are generally used in daily life, cultural and entertainment fields. If blind boxes are products that require prior permission or certification (such as food, cosmetics, and toys that require 3C certification), relevant qualifications must be obtained in advance. Goods that are explicitly prohibited from sale and circulation by laws and regulations shall not be sold or provided in the form of blind boxes. For drugs, medical devices, toxic and harmful substances, flammable and explosive materials, live animals and other goods that have strict requirements in terms of usage conditions, storage and transportation, inspection and quarantine, they shall not be sold in blind box form. Food and cosmetics cannot be sold in blind box form without the conditions to ensure quality, safety, and consumer rights.

3、 How should blind boxes be priced

Blind boxes should be clearly priced and no unmarked fees should be charged. For some popular styles, merchants are also not allowed to sell them at a markup or speculate on prices beyond the marked price. Due to the different styles of blind boxes in a set, the cost difference of the same set of products should not be too large according to regulations. The price of blind boxes should not differ significantly from the prices of similar non blind box products sold in the market.

4、 What information needs to be clearly communicated to consumers

In addition to labeling the basic information of the product in accordance with relevant regulations such as the Product Quality Law, blind boxes should also prominently disclose key information such as the product name, product type, product style, extraction rules, product distribution, limited quantity of products, extraction probability, and product value range to ensure that consumers are aware of it before purchasing.

5、 Is online shopping blind box applicable for seven day no reason return and exchange

Blind box operators can return goods sold through the Internet for seven days without reason after they have been fully informed and prompted and confirmed by consumers at the time of single purchase (the default check method shall not replace the consumer confirmation link). Selling the entire series of products in full package form, if the products within the series are clearly identified, the operator shall comply with the seven day no reason return policy for online shopping in accordance with the law.

6、 Who cannot buy blind boxes

Blind box operators are not allowed to sell blind boxes to minors under the age of 8. To sell blind box products to minors aged 8 and above, it is necessary to confirm in accordance with the law that the consent of the relevant guardian has been obtained. Blind box operators shall prominently remind minors aged 8 and above to obtain the consent of relevant guardians when purchasing blind boxes.

In this case, the court, after trial, found that the seller did not clearly state on the product details page and live broadcast which star players signed the product, the probability of extraction, the quantity and scope of placement, etc. The selling price was obviously too high and did not meet the characteristics of blind box operation. It should be recognized as general product operation, and the court ruled that Xiao Li has the right to apply for a refund and return. In summary, blind box sales have their own particularities, and merchants should strictly abide by regulations, while consumers should also be rational and restrained when making purchases. If there are situations such as non-compliance with regulations, false advertising, or counterfeiting when purchasing blind boxes, consumers should pay attention to retaining evidence to facilitate their rights protection.