Merchant Again, "The Ultimate Right To Interpret The Maximum Penalty 30 Thousand

The latest implementation of the supervision and handling methods of contract violations stipulates that "final interpretation" is a king clause, and consumers can report it in time.

If you see recently, the member card that the businessman gives you is hit, "

"The terms of" the final interpretation is owned by the merchant "is the terms of the overlord and is not allowed to be tagged.

Nanjing Consumer Association's responsible person clearly stated that the provision has violated the principle of fair trade, but in many consumer disputes, businesses like to use this clause as a shield for exemption, and as Consumers Association, they also repeatedly appeal to businesses, do not use this clause to bully consumers.

What surprised the staff of the consumer association is that although it is appealed every year, this clause seems to be more and more popular in the business world. It is not only a large businessman who likes to add such a phrase when issuing cards, that is, a private shop that just opened, and it also needs to print on its membership card.

"We are not trying to bully consumers, but to avoid unnecessary disputes."

An after-sale manager of a shopping mall said that the "final interpretation right" clause was printed on the score card of the shopping mall. In his view, the purpose of doing so is not to deceive consumers, but to avoid disputes.

Sometimes, when faced with the activities launched by the scorecard, we may understand differently. Maybe the shopping mall is the meaning, but consumers do not understand this way, so there will be a deviation in understanding, resulting in disputes.

As for the so-called dispute avoidance of businessmen, as the law enforcement department of the Nanjing Municipal Industry and Commerce Bureau, the relevant personages do not agree that in the view of the staff, the businessman should have the right to interpret the "final interpretation right", and its intention is to take the initiative in the event of disputes with consumers and thus dominate the final outcome.

Reporters learned that in the past few years, the business sector has asked telecommunications, water, electricity, gas and other monopoly industries to format contracts for the record, found that businesses used the "final interpretation rights" clause.

The clause was finally ordered to be deleted by the industry and Commerce Department.

"In the past, we only asked businesses to delete the terms of this category. In the future, according to the" new rules ", businesses will face severe penalties.

The person in charge of the enterprise credit supervision and Management Office of the Nanjing Municipal Industry and Commerce Bureau said that in the past, it was required that businesses should make corrections when marking or emphasizing "the final interpretation right".

Now, according to the "supervision and handling method of contract violations" which has come into effect, as long as operators and consumers enter into contracts with standard terms, operators have unilaterally assigned themselves to alter their contracts according to law, or terminate the contract according to law, or the operators themselves claim to have separate interpretation terms. The administrative departments for Industry and commerce can give warnings to the seriousness of their cases, and impose a fine of up to 3 yuan less than the amount of illegal gains, up to 30 thousand yuan; while no illegal gains are imposed, a fine of not more than 10 thousand yuan shall be imposed; if the suspect is suspected of committing a crime, he shall be pferred to the judicial organ for investigation of his criminal liability.

Nanjing industrial and commercial department reminds consumers that if there are various membership cards, discount cards or integral cards that have just been processed this month, there are still some overlord clauses such as "the final interpretation power is owned by merchants". The first thing is to call 12315 consumer complaints hotlines to report to the industrial and commercial departments, so that the "hidden rules" that infringe on consumers' fair trading rights have no place to hide.