It is another year of International Consumer Rights Day, following, the false propaganda, price fraud and other terms on the hot search frequency. In daily consumption, have you ever been cheated by the overlord clause? How to protect your rights when you encounter the overlord clause? So, follow us to learn together herein.
The five commonalities of overlord clauses
▶ Reducing liability and avoiding the obligations of the operator;
▶ In violation of the law, arbitrarily expanding the operator's authority;
▶ Excluding and depriving consumers of their rights;
▶ Unequal rights and obligations, arbitrarily increasing consumer responsibility;
▶ Using fuzzy clauses to control the final interpretation.
There are typical overlord clauses suspected.
1. Clauses for express and logistics concerned：
● "sign after inspection"
● "Inspection must pay the opening fee first"
● "The company will not compensate for damage and decay of perishable goods on the way"
● "The company has the right to deal with those who do not take delivery for more than 30 days"
● "The package is not damaged, but the goods in the box damage has no damages to do with the company"
2. Clauses for shopping concerned：
● "discount commodity, will not be returned" l
● "Buy one, get one free, no need comply with three guarantees policy" l
● "Failure to pay the balance payment and the deposit within the specified period of time, not refundable" l
● "Storage packet loss is not responsible" l
● "The final interpretation right of this activity belongs to the merchant"
3. Clauses for tourism concerned：
● "trip to re-arrange encountered without any compensation" l
● "shopping to buy counterfeit goods, travel agency shall not be responsible for" l
● "withdraw from tour shall not be refund back" l
● "schedule is for reference only, subject to change don't notice" l
● "the ultimate power of interpretation is vested with the travel agency"
4. Clauses for education and training concerned:
● "due to personal situation, unable to continue to enjoy service of course, not to refund"
● "midway refund will lose preferential rights"
● "users via the download or obtain any information service, risk burden" on its own
● "XX don't guarantee (including but not limited to)..."
5. other：
● hotel catering: "our declined to bring drinks"
● wedding photography, "deposit" and will not be refunded the company
● study abroad services: "will not be refunded under any circumstances have fees"
● Prepaid consumer card: "we have modification and termination of right of use" on the card
Several "time" of Knowledge of Safeguarding Rights
● "7 days" : the product within 7 days from the date of sold performance fault occurs, consumers can choose to return, exchange or repair. l
● "15 days" : within 15 days from the date of sold products performance fault occurs, consumers can choose a replacement or repair.
● Term of Validity of "three guarantees" : The term of validity of "three guarantees" shall be calculated from the date of invoice(receipt) issuance. If the goods are repaired twice within the validity period of the "Three Guarantees" and still cannot be used normally, the consumer may exchange the goods with the repair records and certificates.
Right-safeguard way
According to Article 39 of the Law on the Protection of Consumer Rights and Interests of the People's Republic of China, a dispute over consumer rights and interests between a consumer and a business operator may be resolved through the following channels:
▶ do with operator negotiated settlement;
▶request to consumer associations or other organizations established according to the mediation regulation; complaints to the relevant authorities;
▶ according to the arbitration agreement with operator initiated arbitration proceedings;
▶ filed a lawsuit to a people's court.
Have you memorized today's rights protection tips? Since we live in a law-based society, if anyone be in the face of violations of the Protection law of consumer rights and interests, we must correctly use legal means to safeguard our legitimate rights and interests to the end!
