The overlord clause of online consumption is finally "dead"

2022-03-10

In order to correctly hear cases of online consumption disputes, protect the legitimate rights and interests of consumers according to law and promote the healthy and sustainable development of the Internet economy, the 1864th meeting of the judicial committee of the Supreme People's Court adopted the provisions of the Supreme People's Court on Several Issues concerning the application of law in the trial of cases of online consumption disputes (hereinafter referred to as the provisions), which will come into force on March 15. Protecting consumers' rights and interests concerns the vital interests of the people and is the foundation and guarantee for the sustainable and healthy development of the consumer market. By December 2021, the number of Internet users in China has reached 1.032 billion. More data show that from January to November 2021, the online retail volume of physical goods was 9.8 trillion yuan, a year-on-year increase of 13.2%, accounting for 24.5% of the total social zero. This shows that with the rapid development of China's digital economy, online consumption has not only become the basic consumption mode of the public, but also continues to grow in scale. Therefore, the construction of laws and regulations in relevant fields is also advancing. The promulgation of the regulations is to further clarify the relevant laws and regulations. Protecting consumers' rights and interests is not a trivial matter. When shopping on the Internet, consumers cannot see the real goods with their own eyes, check the goods in person or intuitively feel the performance of the goods. When the goods arrive, the feel and texture may be completely different, even the size. The consumer rights and interests protection law sets up a seven day no reason return system, which is to give consumers the "right to regret". However, in practice, some businesses often refuse to return goods on the ground that the goods have been unpacked. Unidentified deduction of fees, non arrival of payment, untimely delivery, fake and shoddy goods, untimely refund, inconsistent description with goods, etc. are the worries, annoyances and worries that consumers often encounter. Follow the demands of consumers and upgrade the protection of consumers' rights and interests. The provisions enumerate the common unfair and unreasonable standard terms of consumers, and make clear provisions. It is clear that standard terms 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" should be deemed invalid according to law, It also makes provisions on the rights and obligations of online consumption contracts, the identification of liability subjects, the civil liability of live broadcast marketing, and the civil liability of takeout catering. This means that online and offline, the door to the protection of consumers' rights and interests is opening wider and wider, so that the unfair and unreasonable standard terms have ushered in the "end of life". The protection of consumers' rights and interests is not an overnight work, which is inseparable from the assistance of reform and the escort of the rule of law. The regulations pay attention to balanced protection, properly handle the interests of consumers, e-commerce platforms, operators in the platform and other parties, make it clear that false orders, reviews and traffic contracts are invalid, cut off the chain of "black and gray products" in the online consumer market, and provide warm guidance for building a credit system in the consumer field and promoting the healthy and sustainable development of the online economy, A "firewall" has been strengthened to protect the legitimate rights and interests of consumers to the greatest extent. (Xinhua News Agency)

Edit:Huang huiqun    Responsible editor:Su Suiyue

Source:southcn.com

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