Notice!These online shopping agreements are overlord clauses

Original title: Clearance products do not support the 7 -day return and exchanges. False propaganda selling products only support refund ... Note! These online shopping agreements are overlord clauses

Clearance products do not support the 7 -day return and exchange, and mind will be taken with caution; the seller's false propaganda selling goods only support the refund; for the shortage of stock and the incorrect price marking, the merchant can "cut the bill" ...

Recently, the Chinese Consumer Association invited the lawyers of the China Consumers Association Lawyer Group to comment on consumers' strong online shopping fields (commonly known as overlord clauses), pointing out multiple common online shopping bully budgets.

Do not expand without authorization, not applying for 7 days without reason to return the goods

At present, when some e -commerce platform sellers are selling clearance products, they said that there is no reason for returns and exchanges for 7 days, and they are careful to shoot them with caution.

In this regard, the China Consumers Association pointed out that there is no reason to return the goods for remote shopping on the 7th that it is the legal right of consumers. The operator cannot expand the scope of no reason to return in 7 days in the name of "clearance", "tail goods" and "special products". Restricting consumers exercise rights.

The China Consumers Association believes that for clearance products, first of all, it is necessary to depend on whether the goods are 4 specific products stipulated by the Consumer Rights Protection Law; secondly, it depends on whether the product is "a product that is based on the nature of the product and the consumer confirms that it is not appropriate to return the goods when purchasing." If neither belongs to the two situations, consumers have the right to return and exchange goods for 7 days without reason.

Therefore, the terms of formats such as "unauthorized expansion of the scope of goods that are not reincarnated for 7 days", because it belongs to the situation of "eliminating or restricting consumer rights, reducing or exempting operators' responsibilities", the terms are invalid.

The merchant "cutting the order" on the grounds of the shortage of stock or the price settings constitutes a breach of contract

Can merchants "cut orders" arbitrarily about shortage of stocks and incorrect prices?

In this regard, the China Consumers Association pointed out that the number and price of goods are the key information of the transaction. The operator should do its best to the review obligations to ensure that the relevant information of the sales page is accurate and not misleading to consumers. However, in practice, when some operators make mistakes, they refuse to bear the responsibility of contractual negligence, arbitrarily "cut orders", and refuse to bear the responsibility for delivery.

From the perspective of the China Consumers Association, the product information issued by the operator meets the requirements for the offer. After the consumer chooses the product to submit the order and pay the payment, the online shopping contract shall be established and takes effect. The behavior of canceling orders on the grounds of unable to purchase or price settings of goods constitutes a breach of contract.

The China Consumers Association stated that if the operator does not obtain the consent of the consumer to do the "cutting order" directly, consumers can choose to ask the operator to continue to ship in accordance with the previous agreed. In the case, consumers can ask the operator to refund and bear the corresponding liability for breach of contract.

For sellers who know fake fake sale, the platform should be handled in accordance with laws and regulations

In the interview, the reporter found that some e -commerce platforms stipulated that sellers falsely promoted selling goods. Buyers purchased based on living consumption, and the transaction only supported a refund. If consumers ask for compensation, the seller and consumers are resolved by themselves.

In this regard, the China Consumers Association pointed out that the format terms of "only support refund and not bear (support) punitive compensation" clauses significantly reduced the cost of compensation for operators. The right to punitive compensation is invalid.

According to the relevant provisions of the E -Commerce Law, platform operators shall effectively fulfill the platform supervision obligations, and ensure that the operators in the platform operate in accordance with the law through the establishment of relevant agreements with the operators in the platform and establishing consumer equity margin. The platform shall also be handled in accordance with relevant legal regulations and the agreement in accordance with the law in accordance with the relevant laws and regulations, and compensate consumers to the greatest extent by investigating the liability of the operator's breach of contract, otherwise they should bear the corresponding responsibilities.

Consumers' original evaluation content, the platform must not be forced to use him to use

After the platform consumption, some consumers may publish comments on the platform. In this case, users enjoy the complete intellectual property rights of this content. However, some platforms stipulate in the service agreement that users should promise not to publish the information that has been published on this platform and authorize other subjects to copy and use it from this platform in any form. When providing content, users will grant a global free license for this platform, allowing this platform and its related companies to use, disseminate, replicate, modify, re -translate, translate, create derivative works, publish, perform and display this content.

In this regard, the China Consumers Association pointed out that according to the relevant provisions of the Copyright Law, consumer evaluation, if it is original, consumers obtain the copyright of relevant evaluations in accordance with the law, and enjoy the right to copy the right to copy and the right to spread information network according to law. If the platform needs to be evaluated by consumers, it shall establish a license to use a contract with consumers, and the clauses required by the provisions of the aforementioned laws in the contract shall not be required by the service agreement. Purpose of rights.

Source: Xinhua News Agency

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