"The first two orders will be free", in livestreaming rooms, such enticing slogans from hosts can instantly trigger consumers' impulse to buy. However, after a customer rushed to place the first order in the livestreaming room, the seller reneged on the promise, claiming that there had already been another two orders claiming the refund. Such fraudulent behavior is subject to legal liability.

Case summary

The plaintiff was a buyer on an e-commerce platform, while the defendant managed a flagship shop on it. Convinced by the host in the defendant's livestreaming room who announced "the first two orders are free", the plaintiff quickly placed an order. As the information on the livestreaming screen showed, it was the plaintiff who made the first order.

After making the payment, the plaintiff contacted the customer service staff to claim the refund as promised. But he was refused, and a screenshot provided by the latter showed that two other orders had already been recognized as the first two orders.

The plaintiff noticed that the timestamps on these purportedly winning orders were identical to his, leading him to believe they were fabricated. So he filed a lawsuit against this fraudulent act and claimed a full refund and compensation.

While handling the case, the Beijing Internet Court (BIC) requested the e-commerce platform to produce the live-stream recording of the plaintiff making the purchase, as well as the order information provided by the defendant. It was revealed that when the plaintiff placed the order, there were only two orders placed in the shop, including the one placed by the plaintiff, and the two orders provided by the defendant had never existed.

After hearing, the BIC determined that since the plaintiff purchased the product from the defendant's shop, the two parties formed an online sales contract. This contract, reflecting their true intentions, did not violate any legal or administrative regulations. Therefore, it was deemed legal and valid, obliging both parties to fulfill their contractual duties.

The plaintiff requested a refund of the purchase price and treble damages, arguing that his order qualified for the "free order" promotion policy during the livestreaming. The plaintiff further argued that the defendant provided false order information, which constitutes fraud.

As the evidence showed, the plaintiff made his order at 19:27:36 on Feb 13, 2025, and completed the payment at 19:27:38, while at this moment, only two orders, including his, were processed.

The timestamps of the two winning orders provided by the defendant matched that of the plaintiff's order. However, upon examination, the BIC found no record of these two orders in the platform system, confirming they were fabricated. The defendant also failed to provide evidence of other valid orders placed before the plaintiff's one, thus bearing the consequences of not meeting the burden of proof.

Therefore, the plaintiff was fully entitled to the promotional offer. The defendant was required to refund the payment as promised.

Furthermore, the defendant misled consumers by advertising free orders yet deliberately reneging on this promise, which constitutes fraud. The BIC therefore supported the plaintiff's claim seeking treble damages from the defendant.

Details of the judgment

The court decided that the defendant must refund 299 yuan ($42.62) and pay the plaintiff an additional 897 yuan ($127.88) as compensation. The judgment has now taken effect.

Tips from the judge

A variety of marketing activities are now launched to stimulate consumption in livestreaming sessions, but sellers may be held legally liable when they fail to meet their obligations as outlined in platform provisions, laws and administrative regulations. Any act of pursuing profits while infringing upon consumers' rights is subject to legal punishment.

Shop owners should clearly detail their marketing activities and fulfill their contractual obligations with integrity. Sellers who fabricate facts or conceal the truth with the intent to deceive or mislead consumers are committing fraud. As a result, they must honor their promises and be requested to pay additional punitive damages.

When participating in promotions such as lucky draws in livestreaming rooms, consumers should save evidence like detailed promotional rules and order placement by screen recording or screenshots, and retain communication records with customer service staff. By doing so, they can protect their lawful rights through negotiation, intervention from the e-commerce platform or litigation, if they encounter any fraudulent conduct.