Infringed by various business marketing routines? There is no way to complain about the failure of the purchased product? The Black Cat Complaint Platform will help you solve consumption problems 24/7 [ if there is a consumer dispute, file a complaint with the Black Cat ]
Source/China Consumer News China Consumer Network
Reporter/Ren Zhenyu
Editor / Pei Ying
some time ago
“China Consumer News” launched
Unfair Format Terms Investigation Series
Related ↓
The “User Agreements” of websites and apps such as Bilibili, Mango TV, and NetEase Cloud Music use standard terms to exclude consumers’ right to resolve consumer disputes through litigation;
The “user agreements” of more than 30 companies including SF Express, Tesla, and iQiyi all have “designated jurisdiction” clauses;
Companies such as “Century Jiayuan” and “NetEase Yanxuan” successfully prevented consumers from suing for their rights…
When you check “User Consent”
Did you pay attention to these?
August 18
Released by China Consumers Association
Consumer perception of “unfair standard terms”
and lead collection investigation report
the survey suggests
87.88% of consumers
Encountered unfair format terms
Over 70% of consumers
Forced to agree to the content of the standard terms
The survey shows that the participants in the survey generally have a better understanding of the standard terms. 87.88% of consumers have encountered unfair standard terms. After encountering unfair standard terms, more than 70% of consumers still choose to continue trading. The main reason is that the operator is too strong and consumers are forced to agree to the standard terms. Transaction cannot be continued.
▲ Reasons for continuing to use or consume in the face of unfair standard termsWhen most consumers encounter unfair consumption, they can correctly choose the channel of consumer rights protection [enter the black cat complaint] .
▲How to protect your rights and interests in the face of unfair consumptionAt the same time, nearly one-fifth of the respondents chose to “endure in silence”, indicating that the high cost of rights protection and the unsatisfactory effect of rights protection make consumers lack confidence in rights protection.
▲ Reasons for the unfair format termsOnline shopping, online games, education and training, etc.
There are many clues about unfair format terms
This lead collection activity received a total of 367 cases provided by consumers. The clues of unfair format clauses are mainly concentrated in online shopping, online games, education and training, communication services, house decoration, medical beauty and other industries.
According to the original responses of consumers who participated in the collection of clues, a total of 367 clues were collected, including 172 cases of online consumption, accounting for 47%, and 195 cases of offline consumption, accounting for 53%.
In the case of online consumption
Online shopping, online games, education and training account for the top three
Offline consumption case
Education and training, housing decoration, medical beauty accounted for a high proportion
consumers to improve
Contract awareness and rights protection awareness
The “Report” proposes from the perspective of safeguarding the legitimate rights and interests of consumers in standard contracts that a whole-process consumer rights protection system should be established before and after the event.
The first is to control the source and strengthen the prevention in advance. Operators should enhance their sense of fairness and responsibility, formulate standard contracts in a fair and reasonable manner, and fulfill their obligations of prompting and explaining. Consumers should improve their awareness of contracts and rights protection, and fully understand the signed format contracts.
The second is process control, strengthening supervision during the event. Continue to vigorously promote the standard contract model, and improve the implementation of the standard contract filing system.
I don’t know where to find the sample contract text
look here?
recent
The website of the State Administration for Market Regulation is online
“National Contract Model Text Database”
It brings together the regulations formulated by the market supervision department
More than 400 kinds of contract model texts
Also for different transaction scenarios
Potential legal issues
special risk warning
The third is to seriously investigate and punish and improve post-mortem relief. Make full use of channels such as acceptance of complaints and reports and public opinion monitoring, timely accept consumer-related complaints and reports, strengthen dynamic monitoring, analysis and judgment of public opinion, and establish and improve a clue discovery mechanism for unfair format clauses. For problematic contract terms, consumer associations and relevant regulatory authorities should comprehensively use suggestions, interviews, and requests for rectification to urge enterprises to make rectifications in a timely manner.
media coverage
Titanium Media Sina Technology
Related events
- China Consumers Association: Over 80% of consumers have encountered unfair standard terms2022-08-18
- Complaints about price gouging triggered public interest lawsuits, and JD.com’s “cross- line price” standard terms must be rectified2021-10-19
- Beijing Consumers Association: 17 e-commerce platforms are suspected of having unfair standard terms2021-08-27
- Ali was complained by EU consumer rights group, claiming unfair terms2019-05-17
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