Changsha Commerce and Industry Bureau stopped the first batch of 20 terms of the King

Changsha City Industry and Commerce Bureau stopped the first 20 terms of the King “information The conference site.
Changsha City Secretary for Commerce Chen Yuewen.

newspaper reporter Lei Hongtao intern Deng Yuting Wen/

August 2, Changsha City Bureau of Trade and Industry held a halt the first 20 terms of the King “information conference to announce that from now on, to carry out the provisions of the King “special rectification actions.

the first stop 20 “King terms:” This agreement is the final interpretation of the company. “If the data files lost due to machine failure or network problems caused by the subject to this studio provide remake service, rather than returned to the amount paid. “due to technical failure and other reasons lead to the customer service function or value-added services can not be used, the operator as soon as possible, but not responsibility.” (see this newspaper 2 August 06 edition). Mainly related to shopping, real estate sales, property services, travel, insurance, car sales, wedding photography, hairdressing, communication in nine industries.

Changsha City Secretary for Commerce and Chenyue Wen said that the focus of the work of the special regulation are: water, electricity, gas, communications services, cable TV, property management, decoration, car sales, medical services postal services, insurance, consumer loans, real estate sales, education agents, beauty salons, wedding photography, business training, tourism, logistics, catering, entertainment and other services, shopping malls, supermarkets and other consumer complaints, the more concentrated the industry standard form contract terms (including the notifications, declarations, shop notices, etc.).

focused on investigating the problem are three: First, operators absolve themselves of responsibility in terms of format; the two operators to increase the consumer’s responsibility in terms of format; three operators in terms of format to exclude the rights of consumers. Chen Yuewen industrial and commercial authorities have always attached great importance to the governance of the “King terms”. November 13, 2010, the State Administration for Industry and Commerce issued after the implementation of the “contract violations supervision approach, Changsha business sector in strict accordance with the requirements of the” approach “, effectively undertake supervisory duties, efforts to increase the efforts .

According to incomplete statistics, since last year, Changsha, industrial and commercial systems were deployed more than 1,900 people of the inspection staff, inspection of vehicles of more than 1,100 times, check communications, postal services, insurance, shopping malls, supermarkets, restaurants and other business service establishments, 2000 I at the announcement of the stores 15 kinds of consumer cards, coupons, etc. format contract individually review and administrative guidance, punishment and ordered to correct the violations and businesses.

according to the law regulation the “bite” Apple “

– interview with Changsha City Secretary for Commerce Chen Yuewen

newspaper reporter Lei Hongtao intern Deng Yuting Wen/

it comes to the terms of the King “, many consumers will think of Apple. August 2, Trade and Industry Bureau in Changsha City halt after the first batch of 20 “King terms” information briefing, the “rule of law Weekly” reporter around the topic of “King terms” an exclusive interview with the Assistant Secretary for Trade and Industry Bureau of Hunan Province, Changsha City The party secretary of Trade and Industry Bureau, Secretary Chen Yuewen. Chenyue Wen pointed out that Apple such enterprises to use their strong position, monopoly, violating the legitimate rights and interests of consumers, Changsha, Trade and Industry will resolutely investigate and deal with.

Reporter: Changsha, the business sector the why to strike out the terms of the King?

Chen Yuewen: real life, the use of standard form contract terms infringe the legitimate interests of consumers. “King terms” exists, seriously disrupting the market order, undermine a fair consumer environment, against the legitimate rights and interests of the majority of consumers. For this reason, strengthening the supervision of the contract, to carry out the terms of the King “special rectification is necessary, it is to resolve consumer conflicts, effective way to build a harmonious society is to protect fair, the urgent needs of the people’s livelihood.

reporter: this stopped the first 20 terms of the King is how to filter out?

Chen Yuewen: the business sector based on consumer complaints reported from the early Mopai more than 100 suspected illegal “King terms” selected a representative 20. 20 terms of the King “is the most common, is not illegal plot the most serious, it is often violated the interests of the consumer groups. As for the other terms of the King the people reflected in our future work will be after another to investigate and deal with.

reporters: “King terms” a long time, this is why?

Chenyue Wen: First of all, it is the “King terms” some consumers are commonplace, our consumers are not aware of their legitimate rights and interests are infringed. Second, the terms of the King “in the past most of the contract in the form of existence, by the” Civil Law “specification adjustment, and consumers are often reluctant to go to court rights. Third, the business sector related to the investigation and handling of the “King terms” legal obstacles. Past the “Contract Law” prohibited provisions, but no details of the punishment. This business has no effect, but increased the burden on consumers. For example, the prepaid card has expired, the balance of which can not be refunded. This is a “terms of the King. The business sector can only require the operator to refund the balance to consumers, but can not be punished. Apple’s some of the provisions of the King “as well. However, it is pleased that the “contract violations supervision approach implemented in the November 13, 2010 (Business Administration Order No. 51), the relevant laws and perfect sound. “Measures” on operators and consumers to use standard terms to enter into a contract to do the relevant provisions, operating in violation of such provisions, the “measures” also gives the relevant penalties.

Reporter: You just mentioned Apple. In June of this year, the joint six provinces of the Consumers Association Consumers Association to express their views, questioned the maintenance contract of the “Apple” to save a lot of “terms of the King”. Media reports, write the title in the associations “gnawing” fixed “Apple”? “How you look at Apple’s” domineering “?

Chen Yuewen: not “bite” fixed “Apple”. In the past the regulatory process, the relevant departments there are still not in place. Starting today, these strong corporate use their strong position, monopoly, violating the legitimate rights of consumers, we Changsha Commerce, Industry and resolutely investigate and deal with.

Reporter: Apple why such a “cow”?

Chen Yuewen: “King terms” A striking feature of the operators to use its monopoly position, or not signed a contract position, trying to infringe the rights of consumers to circumvent their own responsibility.

Reporter: Do you think that the difficulty in combating the terms of the King “What?

Chen Yuewen: law enforcement, we found that there are two points: First, the evidence is difficult to lock. To the final interpretation of this agreement the Company “, for example, this notice easy to find, but in the end to violations of how much the interests of consumers? We tend to only find one or two consumers. The legal basis of the second, the punishment is sometimes missing. This is what we have just mentioned, only prohibits the provisions of, but not the details of the punishment. Many of the laws of the terms of the King “the lack of penalties.

reporter: the first stop 20 “King terms, the business sector is based on what laws?

Chen Yuewen: The main basis of the special rectification of the business sector “Contract Law”, “Consumer Protection Act,” contract violations supervision approach “and” Hunan Province, the interests of consumers Protection Ordinance and other related required to operate.

and we are 20 terms of the King “have carried out a review. We also set up the assessment expert group comprising legal experts, the President of the People’s Court, lawyers, business of law enforcement personnel. Set up a review group of experts, at least in Hunan is an innovative initiative. Assessment expert group to review the terms of the contract, and eventually be able to achieve well-founded, law. First, this one is not illegal? Second, against which the rights of consumers, we are each of a legal analysis.

Reporter: special work will take what means of enforcement?

Chenyue Wen: First, give full play to the grass-roots institutions of the industrial and commercial authorities to set up a sound advantage, in accordance with the principle of territorial supervision and concentrate on carrying out the investigation, alleged illegal format of the terms of the contract, supervision and guidance management rectification. Second, give full play to the role of the 12315 platform, seriously accepted consumer complaints of all kinds on the terms of the “King” report, and be promptly disposed of according to law in place; actively implementing administrative guidance to promote the social contract model text, and to guide the operators to adopt the model contract text, maintaining the lawful rights and interests of the parties to the contract; four operators refuse to correct, resolutely investigate and punish, and shall be given administrative punishment.

Reporter: consumers encounter “King terms” how to do?

Chen Yuewen: you can call 12315 to report. Can also go to nearby industrial and commercial reporting. The business sector will be seriously punished.

car park smashed, and who will lose?

the reporter Lei Hongtao intern Deng Yuting

August 2, Changsha City Bureau of Trade and Industry held a halt the first 20 “King terms” information briefing announced that from now on, to carry out the provisions of the King “special rectification actions. The reporter has selected four typical cases, and invited lawyers, experts and the business sector to carry out the analysis of the case. If you encounter in life, “King terms”, please call our hotline 0731-84802117 to make a complaint, the newspaper will join Changsha, the business sector for your rights.

promotional material did not enter the contract count

terms of the King “: the image text are the solicitation of an offer; the seller to the buyer signed the contract before advertising, promotional materials ( or real estate model, sales brochures, or other carrier) in all the pictures, information and data, descriptions, etc., the buyer reference only, not as a seller’s commitment basis, the two sides dispute, all details are final approval legal documents and the two sides agreed basis.

[Case] ??

July 3, 2011, Changsha Hexi a real estate two of more than 50 owners, came to a marketing center to discuss that.

“If I had known municipal park, why should I spend so much money to buy this house?” Many owners confirmed to this reporter that they purchase, the sales staff will be 5000 square meters park as a major selling point, it is claimed will be able to buy a house has a private park, the back garden, and relevant information as evidence.

Municipal parks and private parks, nature is completely different. “Owners Mr Tsang explained that if the park is a private park, then the developer should fence the park and residential house around together. In this case, the children go to the park to play, parents would be more at ease, without having to worry about the personal and property safety.

private park Why become a municipal park? Developers to the relevant responsible person said: “The contract does not say Park district.” He said this may be caused by improper wording of the individual sales staff dispute.

careful owners developers come up with the planning drawings, found that the plan passed in 2007, 2010, selling when the developer got the “construction land planning license”, construction project planning permit five cards. The owners pointed out that this means that developers have when selling the park is the municipal park.

[lawyer Reviews]

Hunan Star Law Firm Ye Xiangfeng lawyer pointed out that if the developer knows the municipal park, but deliberately false propaganda, it is suspected fraud. The law clearly stipulates that the contract entered into by fraudulent methods, the parties have the right to request the court to be revoked, and can ask for compensation for losses related to.

Changsha City Industry and Commerce Bureau reminded the second paragraph of Article 15 of the Contract Law stipulates: “The commercial advertising content in line with the offer, it shall be regarded as an offer to the Supreme Court on the trial of real estate sales contracts Disputes Law in the interpretation of Article III: real estate sales, advertising and promotional material for the solicitation of an offer, but the seller of real estate development planning within the housing and related facilities by the instructions and promised to specifically identified, and real estate sales contracts entered into and the determination of house prices have a significant impact shall be deemed to offer the instructions and promised not loaded real estate sales contracts, shall be deemed the content of the contract. “If you meet the above requirements of the case, then the seller the drawings provided to the buyer in the house sales process, information, publicity, advertising, even if not loaded the contract, shall be deemed the content of the contract.

2. “Balance of rebate” the theater is liable to a fine and warning

terms of the King “: This card is valid for one year, non-interest bearing, can not withdraw cash, and expired.

[Case] ??

Yang office in Changsha Yuhua Ting of the China Film Film City last year, a membership card. Studios, however, there is a very obscure provisions – membership card in the process no consumption of finished within one year, must be used in the coming year and then recharge to 200 yuan in order to thaw continue to use.

Mr. Yang said in his card, the Studios have neither the initiative to inform, there is no well established form of a written agreement, and thus the practice of the Studios is absolutely no basis.

the reporter called the phone of Changsha, China Film Film City. A staff member told reporters that apply for the Platinum membership cards need to recharge to 600 yuan, consumers need to fulfill our obligations and the relevant provisions in the Office of the card will be informed orally. Once the membership card is expired, the thaw in order to continue to be used only by recharge.

Changsha City identified in the Trade and Industry Bureau to identify the studios and consumer behavior recharge membership card signed contract, in violation of relevant provisions.

in accordance with contract violations of monitoring and dealing with regulations, violations punishable by a fine of Trade and Industry Bureau in Changsha City of Changsha, China Film Antaeus Film City Limited, and a serious warning.

[lawyer Reviews]

Hunan Guangji law firm Kuang sub Chinese lawyers said that according to Article 24 of the Consumer Protection Act: “An operator shall not Format contracts, notices, statements, shop notices, and other way to make provisions unfair to consumers, unreasonable or mitigated, eliminating damage to the legitimate interests of consumers shall bear civil liability. “Kuang sub-that the film city provisions are forced to increase customer obligations and its content is obviously unfair to consumers.

Changsha City Industry and Commerce Bureau reminded the State Council General Office of the People’s Bank Supervision and other departments on regulating commercial prepaid card management advice notice “(Guo Ban Fa [2011] on the 25th), clearly stipulates:” Do not secret commercial prepaid card valid for not less than three years and still fund balance over the period, the issuer should provide the activation, card replacement and other ancillary services “

the terms of the King” deprived of holding more than is valid but there are fund balances consumer card, consumers should enjoy the rights of the activation, card replacements, and other supporting services. The format of the contract may stipulate the performance of the contract period, consumer card after the expiry date, the operator may refuse to consumers continue to the consumer card, but the balance of the card should be returned to the consumer. The provision violated the relevant provisions of the Consumer Protection Act violated the property rights of consumers. Traffic Insurance

3. Undocumented Xu do afterwards allowed to apply for compensation

terms of the King: an insurance company specified in the standard terms of the insurance contract, the insured shall on insurance the situation of the subject or the insured to perform the obligations. ” Matching requirements, the insured, the insurer who does not perform the obligations of, or does not perform the obligations of the insurer the right to refuse compensation, or the right to terminate this contract.

[Case] ??

2010 May 1, Hu driving grade Xiang J22V87, three motorcycles traveling the injuries to a 82-year-old woman . Identified by the traffic police, his negative full responsibility of the accident.

but he bought the Tian An insurance company pay high insurance, but made exclusions decision to, because the accident occurred May 1, the traffic police department’s data show that Hu made the date of driver’s license May 4, the time of the incident Mr. Hu is driving without a license.

Hu called on March 19, 2010 to the local road traffic safety office to apply for a driving permit, driver’s license and buy insurance to get in the April 1, Tian An Insurance traffic compulsory insurance policy, April 9, to get a driving permit. But got the driver’s license until May 4, but did not expect in a traffic accident on May 1. The insurance company customer service said that the company does Hu traffic accidents made exclusions on the grounds that Mr. Hu driving without a license.

[lawyer Reviews]

leading insurance law specialist, Hunan Insurance Vocational College tutor Professor Xia Xuefen that: It can be seen through the above cases, Mr. Hu has no driver’s license, did not provide a copy of driver’s license become the Traffic Insurance insurance contract the insured and the insured, the insurance company the right to re-approved premium has not approved, the insurance company knowingly uninsurable and insurance, you should pay for their own behavior. Legally called “abstention estoppel” – refers to a contracting party to abandon its insurance contract may claim certain rights, shall not revert to the other party in the future advocate such rights.

Changsha City Industry and Commerce Bureau in accordance with the provisions of the Insurance Act, the insured to pay premiums, as well as before the establishment of the contract obligations to truthfully inform. Obligation to inform the insured, “Insurance Law” Article 16, contracts for insurance, the insurer on the subject matter insured or the insured person’s inquiry, the insured shall truthfully inform. “According to the provisions of this insured insurers simply assume that the passive duty of disclosure. This provision will be insured the duty of disclosure to the passive informed by the statutory becomes the initiative to inform, according to law the insurance company should be the responsibility passed on to policyholders, increase the responsibility on the consumer of the provisions of the King.

4. Car park smashed claims

terms of the King: in the designated parking bicycles, electric cars, motorcycles, cars and other various types of vehicles, but not for custody vehicle damage, damage or loss, and loss of items inside the car by the owners of their own responsibility.

[Case] ??

7 24 am, Wuyi road, a large supermarket, car park entrance is a white SUV car blocking the vehicles can only be a can not enter . It is reported that out of the way the white car had smashed in the car park owners and supermarket in consultation compensation to no avail, so the owner to “Pa Man”.

“car white car had parked in this parking lot, the window glass smashed, also lost something, the owner asked the supermarket compensation, but the two sides did not discuss” an insider said.

[lawyer Reviews]

Hunan Core state law firm, Liu lawyers Analysis, “In fact, as long as there is evidence, things are very easy to handle, is not difficult to win the lawsuit.”

Liu lawyer, supermarkets, shopping malls, parking supply consumers to use, has certain supervisory responsibilities, the obligation to protect the consumer and property. Vehicles parked in impaired as long as the consumer is able to adduce evidence to prove the fault of the car park side monitoring equipment, patrol, personnel access control and other aspects of existence, then the parking lot on the responsibility.

Changsha City Industrial and Commercial Bureau remind the provisions of Article VII of the Consumer Protection Act: “Consumers in the purchase of personal and property safety is not compromised the right to enjoy the use of goods and services consumers the right to require operators to provide goods and services to meet the personal and property safety requirements “. The property side will pass on the operational risks this should be borne by the owner, increased the responsibility of the consumer, eliminating their own responsibility.

welcome to leave a comment share: the microblogging recommended (edit: SN055)