These days, a message about "online shopping for take-away work clothes, you can eat and eat for free in the store" was screened in the circle of friends. The Beijing Youth Daily reporter noticed that some netizens posted that after they bought the clothes of the take-away food delivery staff sold online, "I don't need money to eat anywhere, just hand them to me when I enter the store and let me go." After the news was exposed, it caused many netizens to discuss.
On the evening of the 3rd, the reporter of Beiqing Daily learned from people familiar with the matter that it was impossible to "eat for free in take-away overalls". According to industry insiders, when the delivery staff and the merchants hand over, they need to check the order numbers, dishes and other information of both parties. The delivery staff generally have GPS positioning, which is convenient for the merchants to confirm the identity of the delivery staff by location. For online sales of food delivery staff's clothing, legal professionals remind that online mall merchants make and sell products with platform trademarks without the permission of the platform, which is suspected of infringing the trademark rights of the take-away platform and should bear corresponding legal responsibilities.
Can I eat for free in take-away overalls?
Recently, some netizens revealed that after buying a takeaway overalls, "I don't need money to eat anywhere, just hand it to me when I enter the store and let me go." Immediately, the netizen took a screenshot of the clothes of the food delivery staff of a takeaway platform sold in the online mall. The content of the picture shows that the price of this kind of clothing for food delivery staff is 1 19 yuan.
After searching for the words "take-away jacket" and "take-away work clothes" on Taobao, the reporter of Beiqing Daily found that many merchants sold the clothes of food delivery staff on various take-away platforms, and the prices ranged from 28 yuan to 100 yuan. In the picture introduction of most take-away coats, it is indicated that the delivery clothes of many take-away platforms such as "Hungry" and "Baidu" can be customized, and there are differences between thin and thick ones with velvet.
After the news was exposed, it immediately triggered a hot discussion among netizens. Some netizens questioned this: You can take meals when you enter the store, and you don't need to go through other links? Some netizens also believe that no matter whether it is true or not, the clothes of take-away food delivery staff can be purchased at will, which in itself contains some potential social dangers: now take-away food ordering is common, and people are almost unprepared for it. If the clothes of the takeaway food delivery staff can be easily bought, will someone pretend to be a takeaway to commit a crime?
Anyone can buy work clothes for the takeaway platform.
In the online shopping mall, the reporter of Beiqing Daily randomly asked several merchants as buyers. A merchant said that the coat they are selling at present is "2065438+official model of September 2006" and "no color difference", and the price is 1 19 yuan, with fleece lining. Are there any take-away jackets lined with flannel? Some merchants ask 62 yuan for one. One of the merchants said that 10 or more pieces can be customized in batches, and the price can be reduced to one piece in 58 yuan.
During the conversation, the reporter of Beiqing Daily deliberately revealed that he was not the food delivery staff of the takeaway platform and asked if he could buy food delivery clothes. Merchants all replied "no problem".
In addition, some merchants have noticed the recent hot news about "eating in take-away work clothes for free", reminding reporters that "it costs money to eat in this kind of clothes". When the reporter suggested that he wanted to buy a set of food delivery clothes to try on, a merchant cautiously said that he didn't want to sell them, and said that "the printed clothes worn by the takeaway brother would be uncomfortable to wear at ordinary times".
The reporter who visited Beiqing Daily noticed that in addition to the same takeaway jackets, many merchants also sold takeaway boxes and helmets of various food delivery platforms. Consumers only need to spend about 200 yuan to complete the same configuration as the take-away food delivery staff.
Free meals are not reliable.
Is it credible to say that you can eat for free in take-away overalls? A number of employees in the food delivery industry told the reporter of Beiqing Daily that basically this will not happen.
One of the food delivery staff introduced that his take-away platform has a fixed system of taking orders, sending orders, taking meals and delivering meals. "After receiving the customer's order in the background, we will send the order according to our distance and free status. Because our mobile phone is on GPS positioning all day, both merchants and customers can see where we are after it is sent out. "
The food delivery staff said that after receiving the order, the "rider" (take-away food delivery staff) would rush to the merchant and click "Confirm to the store" after arriving. "If the customer orders spaghetti, the rider won't start cooking until the store. If it is rice or other categories, he will prepare it in advance, and after confirming the order number with the merchant, he will click "Take Meal" in the system before leaving the restaurant to start delivery.
Some food delivery staff also said that there have been mistakes in busy work, but it is very rare. "On the one hand, it is the customer's reminder, on the other hand, the company is stuck in time. Sometimes there will be cases of receiving the wrong order, but it all happens between peers. I haven't heard of it being taken away by ordinary people. "
In addition, a number of merchants told the reporters of Beiqing Daily that their communication with the food delivery staff was not "clothes recognition", but based on the information such as the single number and dishes in the systems of both parties, and the handover would only be carried out after confirmation. Some merchants also said that they have cooperated with some food delivery staff for a long time and are familiar with each other. "Look at his face and you will know if he is a delivery man."
A number of food delivery staff also revealed that their clothes were uniformly distributed by the company. "Generally, one set is set every quarter of the year, including helmets and incubators in summer and winter. However, if these clothes are lost or damaged, you can ask the company to repair them. There are no strict restrictions and you don't need to buy it through Taobao. "
Or infringe the trademark right of the takeaway platform.
On the issue of selling clothes of take-away food delivery staff online, Han Xiao, a lawyer of Beijing Kangda Law Firm, said that if Taobao merchants manufacture and sell goods with platform trademarks without the permission of the platform, it is an act of forging or making registered trademarks of others without authorization or selling forged or made registered trademarks without authorization. According to the relevant provisions of Article 57 of China's Trademark Law, merchants are suspected of infringing the trademark rights of platforms. If you are suspected of infringing a trademark or font size or unfair competition, you should bear legal responsibility.
At the same time, some netizens are worried that "the clothes of the food delivery staff are easy to buy, or there are social hidden dangers". Han Xiao said that if the merchant knows that the buyer buys clothes to commit a crime and still trades with it, when the buyer commits a crime and causes harm, the merchant should also bear the responsibility; Otherwise, the merchant will not bear the responsibility, but only bear the civil liability for selling counterfeit clothes.
Han Xiao said that from the buyer's point of view, if he uses the clothes he bought to disguise his identity to carry out illegal and criminal activities, such as defrauding meals, he may be investigated for civil liability and return the meals; Or be investigated for administrative responsibility for disturbing social order and be punished by warning, fine or administrative detention; Those who practise fraud shall be investigated for serious or criminal responsibility. From the perspective of take-away platform, measures should be taken to stop unqualified merchants from selling similar clothes. In addition, from the point of view of consumers and cooperative businesses of the take-away platform, it is necessary to check the identity of the food delivery personnel in the process of taking and delivering food, so as not to give criminals an opportunity.