Ms. Yin is a beauty blogger who has just entered the industry. She is very anxious seeing that her beauty account on a certain social platform has not improved, and she is eager to enter the field of online marketing.
At this time, Ms. Yin accidentally met a legendary "account keeper" - WeChat account "operator" Shi...
Recently, the Shanghai Songjiang District People's Court (hereinafter referred to as Songjiang) District People's Court) heard such a case involving a sales contract dispute arising from the trading social platform "Nurture Account".
Shi said that he has a platform account on his chain that has been "familiar" by others. The account not only has a considerable number of fans of about 200,000, but can also meet Ms. Yin's need for "seamless skin change" - "no real name, There are no violations, the product number is the same, no face is shown, and the fan portraits are good."
The excited Ms. Yin immediately transferred nearly 90,000 yuan to Shi in four installments according to Shi's quotation. Then Shi changed the mobile phone number bound to the account to the number designated by Ms. Yin. Ms. Yin logged in to the account through the verification code. Confirmed. During the discussion, Shi reminded Ms. Yin that after purchasing the account, she should promptly change the account name and delete the original note content.
Ms. Yin, who originally planned to use this account to "monetize" and carry out live broadcasts with goods, was unable to operate due to force majeure within two months after purchasing the account. During this period, at the request of the "account keeper", Shi reminded Ms. Yin several times to change the original account avatar, name and delete the original account content. Ms. Yin felt that changing the name immediately would arouse suspicion on the platform, and wanted to wait until she officially opened her business. Use the account before making changes.
Unexpectedly, when Ms. Yin logged in to her account again and wanted to show her talents, she only saw an "account suspension notice". The reason read: The account had been reported by others for "impersonating transfers".
Ms. Yin immediately applied to the platform to unblock her account, but was unable to provide the required complaint materials. Ms. Yin also sought negotiation with the whistleblower but was also rejected. Ms. Yin then contacted the reseller Shi Mou and asked Shi Mou to solve the account closure problem as the seller. However, Shi said that there was nothing he could do if the whistleblower refused to cooperate in withdrawing the complaint, and he also blamed Ms. Yin for not following the prompts to change her avatar name in time.
Therefore, Ms. Yin sued Shi to the Songjiang District People's Court, proposed to terminate the sales contract between the two parties and asked Shi to return the money for the account purchase.
Article 615 of the Civil Code stipulates that in a sales contract, the seller shall deliver the subject matter in accordance with the agreed quality requirements. If the seller provides a description of the quality of the subject matter, the delivered subject matter shall comply with the quality of the description. Require. Article 617 further stipulates that if the subject matter delivered by the seller does not meet the quality requirements, the buyer may require the seller to bear liability for breach of contract in accordance with relevant legal provisions. This is the seller’s defect warranty liability in the sales contract. In short, during the performance of the sales contract, when one party transfers property to the other party, it should guarantee that the property is free from defects. If the transferred property is defective, You should bear considerable responsibilities to the other party.
A sales contract relationship was formed between Shi and Ms. Yin regarding the platform account. During the transaction, Shi clearly promised that the accounts he bought and sold did not violate any rules. However, after Ms. Yin logged in to her account, she found that the account had been banned. After understanding with the platform, we learned that the reason for the ban was that others reported that the content of the buying and selling account contained "impersonating transfers". At the same time, the reporter provided records of the same content that he had posted on another platform account, and the release time was earlier than the platform involved in the case. It can be preliminarily proved that the trading account indeed violates the platform requirements. However, Shi has never been able to provide evidence to prove that the account sold was indeed free of violations as promised. Because the violation of the account resulted in the account being reported and banned, Ms. Yin’s fundamental purpose of purchasing the account could not be achieved, and Shi should bear the corresponding liability for breach of contract.
Is the account bought from Douyin account useful? This is a very common question, but the answer is not that simple. Let’s analyze it below.
1. Is the account purchased from Douyin legal?
First of all, we need to make it clear that Douyin officially does not allow users to buy or sell accounts.If you purchase a Douyin account, then the account is illegal. If discovered by Douyin officials, your account will be banned.
2. Is there any risk in buying an account from Douyin?
In addition to illegal issues, accounts bought from Douyin accounts also have other risks. For example, you cannot determine the history of this account, whether there are any violations, whether there are any banned records, etc. If you purchased a problematic account, your account will also be affected.
3. Is the account purchased from Douyin useful?
If there is nothing wrong with the account you purchased, then it does bring some benefits. For example, you can directly obtain an account that already has many fans, saving you the time and energy of setting up an account from scratch. However, that doesn’t mean you can achieve success easily. You still need to spend time and energy to maintain the account and increase the number of followers and interaction rate.
In summary, buying an account from Douyin is not a good choice. It has issues with being illegal and risky, and even if you purchase a problem-free account, it will take time and effort to maintain it. If you want to succeed on Douyin, the best way is to build your own account from scratch and attract fans and increase interaction rates through continuous efforts and innovation.