Metersbonwe Bang Wei Bang Wei wants to formally change from traditional channels to dual-channel mode combining traditional channels and e-commerce channels, so Metersbonwe Bang Wei Bang Wei also launched a brand-new online brand-AMPM. It is reported that on October 3rd, 2065438+0165438/kloc-0, the daily sales of Bangbu.com exceeded 300,000, and the daily trading volume exceeded 1000, with the average value of each order exceeding that of 300 yuan.
However, no one expected that less than a year later, Metersbonwe Bang Wei Bang Wei announced that the company decided to stop operating the e-commerce business because the profit was difficult to guarantee, and the online shopping platform was handed over to the controlling shareholder. Whether it is resource allocation, logistics distribution or marketing operation, it can't meet the development needs of Bangbu.com, especially in the face of the suppression of professional B2C, only the strength to fight back. Helpless, bang bu. After wasting more than 60 million dollars, com can only come to an abrupt end in 20 1 1 year1October. Failure analysis ※
The biggest reason why Metersbonwe-commerce in Bang Wei failed in Bang Wei is that it underestimated the difficulties of e-commerce and lacked e-commerce talents. Metersbonwe Bang Wei Bang Wei established a powerful logistics facility during the development of its traditional stores, but 7A68696416FE78988E6983313339653765 did not completely match the requirements of offline logistics and e-commerce, and Metersbonwe Bang Wei Bang Wei did not effectively solve the resource allocation problem from beginning to end. In addition, in the preparation and operation of e-commerce, Metersbonwe Bang Wei Bang Wei changed the domain name three times, and the technology of the website did not well support the influx of large-scale users, which greatly affected the user experience and led to the final fiasco. (1) content overview:
Company A sends an offer to Party B by e-mail, and Party B makes a promise within the specified time. At that time, the contract had been formed, but Party A failed to perform the contract within the validity period. Instead, after the expiration of the validity period, Party B was informed by Rising International mp to refuse again, and then Party A reached a deal with Party C at another price. Thereby causing disputes.
(2) Company B's promise is valid and the contract they entered into is established.
Because: (1), offer-acceptance is one of the ways to form a contract.
(2) Conditions for the establishment of a contract:
The subject of a contract must have one or more parties;
The procedure of concluding a contract must go through two stages: offer and acceptance, which are the expressions of the true meaning of both parties.
(3) In this case, Party A and Party B entered into a contract by e-mail, that is, an electronic contract.
Within the stipulated validity period, Company B made a promise to Company A's offer, so the promise of Company B is valid.
(3) Company A sold coffee beans to Company C in the United States at a price of $2,300/ton, which constituted a breach of contract with Company B. ..
Because: 1. Party A and Party B signed an electronic contract within the validity period of 7 days from June/KLOC-0 to June 8. Once the contract was formed, it was legally binding and protected by e-commerce laws. Therefore, Company A did not respond to the promise of Company B or the cooperation between the two parties within the validity period, and failed to fulfill the obligations in the contract.
2. Company B made a promise to Company A within the stipulated validity period, but Company A found the mail on June 9, and the validity period expired. After the expiration, it reached a deal with Company C at the rising price in the international market, which constituted a breach of contract.
Regarding the offer, Company A, as the offeror, has the right to determine the offer and update the offer according to the international market price, but after the validity period.
4. Article 1 1 of the current contract law lists electronic data interchange and e-mail among the types of written forms, and confirms from the legal person that electronic contracts have the same effect as written contracts.
(4) Thus; There are cases available:
1. Electronic contract refers to:
Broad sense: p255 A contract format drawn up by electronic means, optical means or other similar means to stipulate the rights and obligations between the parties. Narrow sense: refers to the contract drawn up by edi.
Characterized in that:
1. Two or more parties to a contract can operate on the Internet without meeting each other.
2. For a contract concluded in the form of a data message, the recipient's principal place of business is the place where the contract is established.
3. Legal application of electronic contracts: The law of data messages recognizes that the United Nations Model Law on Electronic Commerce stipulates that, as far as the conclusion of a contract is concerned, unless otherwise agreed by the parties, an offer and an acceptance of an offer may be expressed by means of data messages. Provide legal protection for the legal effect of data messages in concluding contracts.
(5), inspiration:
1. E-commerce is a trade activity in the virtual world. As a sunrise industry, it faces many obstacles, and the formulation of its legal norms should be relatively backward, so we should vigorously improve the legal protection of e-commerce transactions in China.
2. As both parties to the transaction, they should consciously fulfill the corresponding signing obligations in e-commerce communication in order to develop and expand the potential industry of e-commerce.
Now that we know this case, we should not only abide by the laws of e-commerce, but also know how to use legal weapons to safeguard our legitimate rights and interests in our future life. The ten-year review series of CNET website lists the top 10 IT industries in the past 10 years from the perspective of website editors. The following are the "Top Ten Failures of the Internet".
I. Webvan (1999-200 1)
Online retail, selling all kinds of groceries. /kloc-went public 0/8 months later, and the IPO raised 375 million US dollars, which expanded from the San Francisco Bay Area to 8 cities and established a huge organization. The company's maximum market value is/kloc-0.2 billion US dollars (or 30 US dollars per share), and it claims to expand to 26 cities. However, the marginal profit of the grocery industry is too thin, and the company has not attracted enough users. In July of 200 1 year, the company closed down and 2000 employees lost their jobs.
Secondly, Pets.com(2000)
Online retail, specializing in pet supplies.
The website invested by Amazon went public in February 2000, raising $82.5 million, and closed down nine months later.
One of the company's dolls was a great success, and the company spent millions of dollars advertising in the "Super Bowl" competition. However, customers usually have to wait several days to receive the goods, and the delivery cost has not been reduced, so the company cannot attract enough customers.
Three. Kozmo.com( 1998-200 1)
Retail online, manage department stores (from movies to snacks) and ensure delivery within one hour? Free delivery fee.
Free distribution fee was its selling point, which later became its weakness. After expanding to seven cities, it finally found that the delivery fee for sending a DVD or a pack of chewing gum to your door is quite expensive. Charge after that: at least 10 USD. This move failed to save his fate. In March of 200 1 year, the company closed down, and 1 100 employees lost their jobs.
It failed to go public, although there were plans to go public. However, the company raised $280 million and signed a promotion contract with Starbucks of $654.38 million+$500 million.
Four. Flooz.com( 1998-200 1)
Wu Pi, a black actress who starred in Nuns Are Crazy? The website invested by whoopi goldberg in Goldberg intends to replace the credit card and operate online currency. Buy a certain amount of online currency here, and you can use it to shop in the retail stores you join. It's like a merchant's gift card, but the gift card is tangible and not issued by a third party? Why do people abandon credit cards and use online money?
This bad idea didn't stop it from raising 35 million dollars. In August of 20001year, it went bankrupt together with its competitor Beenz.com.
Verb (abbreviation of verb) etoys.com (1997-2001)
1999 went public in may, raising $65438+66 million. In a short period of 16 months, the share price dropped from $84 in 1999 to 9 cents in February 2006. 200 1 March closed down.
Its story is similar to that of Pets.com. A lot has been invested in advertising, marketing and technology, but the income does not match it.
Boo.com( 1998-2000)
The British company proved that the Internet bubble was not limited to the United States.
This online shop specializes in making clothes, but there were problems from the beginning. Its web page is full of Java scripts and Flash. In that era of dial-up internet access, the speed of opening web pages was very slow. It is marketed on a global scale, so it must face complicated language, pricing and tax issues. But also announced that it will bear the postage for customers' return. What's more, its sales revenue never reached expectations.
It burned $6,543.8+6 billion and was closed in May 2000.
Seven, MVP.com( 1999-2000)
Like Flooz.com, this website proves that celebrity support is of little value in the long run.
After football star John Elway, Michael? With the support of Jordan, ice hockey star Wayne Gretzky and $65 million, MVP is engaged in online sporting goods sales. The MVP website, founded in 1999, signed a four-year agreement with CBS a few months later, worth 85 million dollars. A year later, because MVP failed to pay $6.5438+million a year, CBS canceled the agreement and MVP quickly closed down. The domain name is now in the hands of SportsLine.com, a subsidiary of CBS.
Go.com( 1998-200 1)
On 1998, Disney Company integrated its online business with Infoseek and established the portal. The original competitor was Yahoo. However, this website has its own special policies, such as not involving content that is not suitable for children. In 2006, Disney closed the website with a book loss of $790 million.
Ix. Kibu.com( 1999-2000)
Online community for teenage girls. Unlike other losers of the internet bubble, it closed down before burning the $22 million it raised. From June 5438 to October 2000 10, although the website has greatly improved in attracting the target population, the company managers admitted that the website was untimely and decided to close it. Its closure sounded the alarm for the Internet bubble.
X.GovWorks.com( 1999-2000)
The website was established at 1999 to help citizens deal with municipal authorities, or more specifically, to help the government establish an online tax payment and fine payment system. There are two founders, one is a salesman and the other is a technician. They are childhood playmates. At first, both of them were very happy. Not only are they each worth millions, but they often deal with politicians. Unfortunately, the good times did not last long. First, another partner left, then the technology was stolen, and the company's software never met the expected requirements. The last two childhood friends turned against each other and the company was taken over by competitors.