| Community Group Purchase Convention Written by Shanghai Lawyers during the Epidemic Period_Insights_Publications_高朋律师事务所

Epidemic Related Legal Practice Series | Community Group Purchase Convention Written by Shanghai Lawyers during the Epidemic Period

2022 04/14

According to the requirements of Shanghai's zoning control, citizens are encouraged to purchase daily necessities through online orders without leaving their homes. The online shopping method of community group buying quietly emerged during the epidemic and gradually occupied a place.


However, due to the characteristics of group, isolation, and spontaneity, this type of community group buying has non-standard operations, resulting in conflicts and disputes, both at the source of supply and at the consumer level. In particular, due to the requirements of epidemic prevention policies for residents to stay indoors, group purchased materials can only be delivered to residents' doorsteps through volunteer distribution. The quantity, weight, and quality of group purchased materials are putting pressure on volunteers' public welfare services. Some residents even have conflicts with volunteers due to material issues, causing negative emotions among volunteers, which severely dampens their enthusiasm for work, As a result, community group buying cannot be carried out normally, affecting the daily life supply of residents.


Adhering to the principle of "no lover has feelings for an epidemic situation", in order to avoid and alleviate conflicts and disputes that may arise during community group buying, using legal theoretical knowledge and combining the actual daily lives of residents, a Group Buying Convention has been formulated to enable residents participating in group buying to clearly identify the risks of group buying in advance and clarify the boundaries of responsibility, thereby truly exerting the positive role of "community group buying" in assisting residents in ensuring their living materials and solving the "last 100 meters" of guaranteed supply.


Group Purchase Convention


1、 Definition


1.1 [Group purchase]: An epidemic prevention shopping method in which residents do not leave their homes during the epidemic risk control period and jointly purchase materials to meet their daily needs. Specially assigned personnel conduct contact, transaction, delivery, and other links, reducing the number of residents in contact with outsiders.


1.2 [Initiator]: The person who provides group purchasing resources and suggests organizing group purchasing.


1.3 [Team Leader]: The person who conducts group purchase pickup, counts participating accounts, collects and pays for goods on behalf of others, contacts suppliers, and organizes group purchases. The head of the delegation is generally assumed by the sponsor.


1.4 [Volunteer]: A volunteer is a person who provides free receiving and delivering materials for group purchase.


1.5 [Group participation households]: Resident households participating in group purchases are not allowed to participate in group purchases on a household basis.


1.6 [Property]: ×× Community property staff, including but not limited to community security, cleaning, maintenance personnel, etc.


1.7 [Group purchase materials]: various foods, daily necessities, epidemic prevention supplies, etc. purchased in a group.


1.8 [Group purchase price]: The consideration paid by participating households for purchasing their group purchase materials.


1.9 [Merchant]: A collective term for the seller and transporter of group purchased materials.


1.10 [WeChat Group]: specifically refers to ×× residential quarters ×× The WeChat group built by all residents of the building.


2、 Group purchase principles


2.1 [Voluntary Principle]: The promoters, group leaders, and volunteers are assumed by residents voluntarily and without compensation. Residents voluntarily participate in the group and are bound by this Convention.


2.2 [Equality Principle]: All residents have equal opportunities to participate in the group, equal prices to participate in the group, and equal access to group purchased materials.


2.3 [Integrity Principle]: Sponsors should not fabricate group purchase information, and group leaders should truthfully and accurately collect group purchase data. Property and volunteers should be diligent and timely in delivering materials. Group participants should promptly pay the group purchase funds in full and cooperate in the unified delivery work. Group participants should only receive their own group purchase materials.


2.4 [Demand Principle]: Group buying should be organized based on the principle of meeting the basic needs of daily life, and in principle, group buying activities that are not organized to meet the needs of daily life should not be organized.


2.5 [Principle of Mutual Understanding]: When organizing group purchases, full consideration should be given to the quantity, weight, portability, etc. of group purchased materials, to minimize the pressure on property management and volunteers to deliver.


2.6 [Exemption Principle]: Fully understand the unpaid public welfare assistance behavior of group leaders and volunteers, as well as the hard work of property management personnel, and provide the maximum possible exemption from liability for statistical errors, delivery errors, and other negligence situations that occur during the group purchase process.


3、 Process of organizing group purchase


3.1 [Establishment]: The initiator is free to recommend group purchase resource information within the WeChat group, and try to ensure the authenticity and reliability of the group purchase resource information. Upon response from resident households, the promoters may act as the group leader themselves or jointly recommend the group leader to establish a group purchase.


3.2 [Statistics]: The head of the delegation counts the number of participating households and the quantity of group purchased materials purchased by each participating household, and prepares statistical data tables.


3.3 [Payment]: The group leader collects the group purchase funds paid by the participating households on behalf of them according to the statistical data table. After the group purchase funds are paid by the participating households, they cannot be revoked without reasonable reasons. The group leader will pay the total amount of the group purchase funds collected to the merchant.


3.4 [Receiving]: The group leader is responsible for contacting the merchants about the delivery time and the receiving location of the community, and communicating and coordinating the reception, sorting, and handover of the group purchased materials by the merchants, property owners, and volunteers.


3.5 [disinfection and sterilization]: After the property has uniformly disinfected the group purchase materials with alcohol spray, the group purchase materials will be sorted by buildings and transferred to the hall on the first floor of each building, and handed over to volunteers for distribution.


3.6 [Dispatch]: Volunteers are responsible for distributing group purchased materials to the door of the participating households (closed) based on the statistical data table provided by the group leader. In principle, no more than two volunteers should complete the delivery work.


3.7 [Notice]: After the volunteers have completed the delivery work, the team leader will notify the participating households in the WeChat group to open the door to collect group purchased materials.


4、 Group purchase at your own risk


4.1 [False Group Purchase]: The sponsors are exempt from liability for providing group purchase information in good faith, and do not assume any warranty liability for the authenticity and reliability of the group purchase, except in the case of malicious recommendation by the sponsors. Participants should assess the authenticity and reliability risks of the group purchase information on their own.


4.2 [Merchant Breach of Contract]: The initiator and group leader do not assume any warranty liability for group purchase transactions. Transaction losses caused by the merchant's breach of contract, including but not limited to: non supply, insufficient supply, supply defects, supply quality issues, etc., can be entrusted to the group leader to claim rights from the merchant, and the corresponding risk of loss shall be borne by the participants themselves.


4.3 [Delivery defects]: The sponsor, team leader, volunteers and property management shall not be responsible for the guarantee of the group purchase materials. Any problems such as damage and deterioration of the group purchase materials found or occurred in the process of receiving, disinfection and sterilization, sorting and handover after the arrival of the group purchase materials shall be borne by the participants themselves. However, when there is a person responsible for intentional or gross negligence, participating households may claim tort liability from the person responsible.


5、 Restrictions on group buying


5.1 [Group Buying Frequency]: Group buying activities are generally organized according to the following frequency, and should not be too frequent;


5.1.1 Group buying of vegetable food is recommended not to exceed twice a week;


5.1.2 Group purchases of other types of food, such as staple foods, meat, eggs, milk, fruits, etc., are recommended not to exceed once a week;


5.1.3 Pharmaceuticals and daily supplies are organized as needed.


5.2 [Pre requisites]: For the following group purchase materials, the group leader should confirm the volunteers who have agreed to send them in advance before setting up a group purchase:


5.2.1 Non daily consumer goods, including but not limited to: household appliances, furniture, toys, office supplies, etc;


5.2.2 Enjoyable living materials, including but not limited to: cigarettes, drinks, beverages, snacks, etc;


5.2.3 The weight of a single group purchase material is more than 10 jin.


5.3 [Prohibition of Profit Making]: Sponsors shall not obtain benefits through recommending group purchase resource information, such as introduction fees. The group leader shall not embezzle, occupy, or misappropriate the group purchase funds.


5.4 [Compulsory disinfection and sterilization]: Group purchased materials that have not been disinfection and sterilization shall not enter the buildings of the community. If disinfection and sterilization will cause damage to group purchased materials, the participants shall bear their own losses, and it is recommended to be cautious.


5.5 [Unified delivery]: Group members are not allowed to pick up group purchase materials by themselves, to avoid confusion in the order in which group leaders and volunteers distribute group purchase materials.


5.6 [Restricted Exchange]; When the group purchase materials have a random type, the group leader and volunteers are also randomly distributed, and participants are not allowed to propose replacement requirements to the group leader or volunteers. The exchange agreement reached privately between the participating households and other residents of the building should be completed through volunteers who agree to help.


5.7 [Risk bearing]: Volunteers will complete the distribution of group purchased materials to the participating households after distributing them to their doorsteps. Upon receiving the notice, the participating households should arrange for timely pickup, and the risk of loss or damage to the group purchased materials should be borne by the participating households themselves.


5.8 [Isolation and delivery]: For floors with secret or positive residents, volunteers will distribute group purchase materials at the entrance of the elevator on that floor. Volunteers are not allowed to step out of the elevator on that floor.


5.9 [Volunteer Protection]: When distributing group purchased materials, volunteers must wear protective clothing and other relevant epidemic prevention equipment.


6、 Compliance with the Convention


6.1 [Confirm Compliance]: This Convention will be publicized in the WeChat group, and all residents will confirm the connection in the WeChat group. The residents who have completed the connection will be deemed to agree to and comply with this Convention. In principle, resident households that have not completed the connection will not be allowed to participate in the group purchase.


6.2 [Liability for Breach of Contract]: Residents who violate this Convention will be given a yellow card warning, and if they refuse to correct their repeated violations, they will be deemed to have withdrawn from this Convention, and in principle will no longer accept their participation in group buying.

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