Standardize standard terms and improve the "return without reason within seven days"... The supreme law issues judicial interpretation of online consumption disputes

2022-03-04

The Supreme People's Court issued the provisions of the Supreme People's Court on Several Issues concerning the application of law in the trial of online consumption dispute cases (I) on the 2nd, stipulating the rights and obligations of online consumption contracts, the identification of responsible subjects, the civil liability of live broadcast marketing and the civil liability of takeout catering, so as to protect the legitimate rights and interests of consumers according to law. Zheng Xuelin, President of the first court of the Supreme People's court, said that online consumption has the characteristics of diversified participants in transactions, virtualized trading environment, cross regional trading space, contract format and so on. The judicial interpretation focuses on grasping the law and formulating judicial rules in line with the characteristics of online consumption. According to the introduction, in view of the unfair and unreasonable standard terms formulated by e-commerce operators in practice, which infringe on the legitimate rights and interests of consumers, the judicial interpretation lists and makes sweeping provisions on the common unfair and unreasonable standard terms in practice, such as "signing for goods is deemed to recognize that the quality of goods is qualified" and "operators have the right of unilateral interpretation or final interpretation", The standard terms with the above contents shall be deemed invalid according to law. For the seven day return without reason system stipulated in the consumer rights and interests protection law, the judicial interpretation further stipulates that consumers unpack and inspect the goods due to the necessity of inspecting the goods without affecting the integrity of the goods. E-commerce operators shall not claim that the seven day return without reason system is not applicable on the grounds that the goods have been unpacked, unless otherwise stipulated by the law. In view of the problems of bill swiping, comment swiping and traffic swiping in the online consumer market, the judicial interpretation makes it clear that the contracts signed by e-commerce operators with others for false publicity by means of fictitious transactions, fictitious clicks and fabricated user evaluations should be found invalid by the people's court according to law and guide the market subjects to operate in a standardized manner. The judicial interpretation also stipulates the commercial webcast marketing, and makes it clear that the staff of the operators in the platform make false publicity, and the operators in the platform shall be liable for compensation. In addition, the judicial interpretation stipulates that the operators of online catering service platform fail to register the real name of online catering service providers and review the license according to law, or fail to fulfill the obligations of reporting and stopping providing online trading platform services, which damages the legitimate rights and interests of consumers, Consumers have the right to claim that the operators of online catering service platforms and online catering service providers bear joint and several liability. (reporter Luo Sha) (outlook new era)

Edit:Luo yu    Responsible editor:Jia jia

Source:xinhuaNet

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