Qingdao Industry And Commerce Announces 6 Major Overlord Clauses &Nbsp; Special Products Are Not Refunded Or Changed.

On July 25th, the Licang branch of Qingdao industry and Commerce Bureau launched the rectification and regulation activities in terms of standard terms in the consumer domain since the end of 2 this year. With the continuous promotion of activities, the bureau took inventory of the six most common overlord clauses and released them to the public to play a warning role in consumption.

Overlord Clause 1: "our shop has the right to final interpretation".

Case: Mr. Li runs a consumer card in a hotel, indicating that he can enjoy 12% off discount.

But later he and his friends spent 425 yuan in the restaurant, but only 27 yuan when they paid the bill.

The waiter explained, "the hotel stipulates that there is no discount for cigarettes and alcohol, no discount for special dishes, and no discount for seafood."

"However, there is no such note on the VIP card!" Mr. Li expressed his disapproval, and the waiter quickly grabbed Mr. Li's VIP card and pointed out a small line on it: "this shop has the right to final interpretation."

Mr. Li is speechless.

Business Review:

Overlord Clause 2: "special merchandise will not be refunded".

Case: Ms. Wang bought a pair at a shopping mall.

Industrial and commercial comment: according to the management measures of retailers' promotion behavior, retailers should not refuse to return goods on the grounds of promotion or set obstacles for consumers to return goods.

The overlord Clause 3: "the buyer must handle the pfer procedures with the seller within 7 days after receiving the notice of the seller's carriage, and the prepayment is forfeited as a breach of contract, and the seller has the right to sell the car separately."

"If this agreement is effective, if the seller fails to deliver the vehicle on time due to the manufacturer's reasons, the buyer shall have the right to cancel the contract, and the two parties shall not bear any liability for breach of contract."

Case: in February 27, 2011, Mr. Zhou ordered a car at a car shop. At that time, the car company promised to lift the car for a month. As a result, when the time limit for lifting the car was pushed and pushed again, Mr. Zhou was very angry and asked the car company to give a certain degree of compensation. However, the car company refused the request on the ground of "no compensation for the contract".

Industrial and commercial commented: the contract law stipulates that the legal status of the parties to the contract is equal. The party who provides the format contract shall not exempt from the responsibility of the parties, increase the liability of the other party, or exclude the other party's main rights.

Overlord clause 4: "after the quality problem occurs, Party B (travel agency) takes timely measures to deal with aftermath, and does not bear liability for breach of contract."

Case: during the May 1 period, Mr. Liu and his family went to Xi'an after traveling. Due to improper arrangement of travel agencies, Mr. Liu and other tourists decided to pick up their tour buses after visiting Terracotta Army. They had been delayed for more than 2 hours, and finally delayed them to go to the next scenic spot. Although the travel agency arranged other projects temporarily, tourists were very unhappy.

The travel agency said that there was a rule in the travel contract. "After the quality problem occurs, Party B (travel agency) takes timely measures to deal with aftermath, and does not bear liability for breach of contract."

Industrial and commercial comment: "consumer law" stipulates that consumers are entitled to compensation in accordance with the law, because they are injured by personal or property purchases, goods or services.

The contract law stipulates that if a party fails to perform the contract or fulfil its contractual obligations does not conform to the stipulations, if the other party has other losses after fulfilling its obligations or taking remedial measures, it shall compensate for the losses.

Overlord clause 5: "from the receipt of clothing for a month, consumers do not come to pick up, clothing damage, loss is not responsible for this shop."

Case: in February 24, 2011, Ms. Liu washed a down jacket in a dry cleaners at the entrance of the community. Because she did not rush to work and was busy, she did not take it. During that time, she happened to catch up with the dry cleaners' decoration.

In April 15th, when Mrs Liu went to pick up her clothes, she found that the clothes were broken and demanded compensation. The shop side pointed to the small print on the back of the receipt saying: "the two sides have agreed that consumers will not take their clothes for a month, which will damage their responsibility."

Industrial and commercial comment: according to the regulations on the protection of consumers' rights and interests in Shandong Province, the operators of the washing and dyeing industry cause clothing damage, color, dyeing and loss, and shall refund the fees collected and bear the liability for compensation.

Overlord Clause 6: "remove 50 negatives for making albums, and charge 10 yuan for each other."

Case: Mr. Zhou chose a 4880 yuan wedding photo set at a wedding photography shop. But when Mr. Zhou's wife tried the wedding dress to take photos, he found that the wedding dress was divided into two grades of boutique and dress, while 4880 yuan packages provided most of the clothing of the boutique. The quality was poor. If you want to pick the wedding dress, you must pay another 800 yuan.

After the wedding photo was made, more than 100 negatives were taken, and 50 negatives of the album were removed. If Mr. Chou had to take the rest, he would charge 10 yuan each.

Mr. Zhou is very puzzled: "to spend money to take photos, the film is originally my own, why should I pay extra money?" the shop owner said, "this is a code of conduct."

Industrial and commercial commented: "two charges", such as wedding photo, violated the anti unfair competition law. The operator sold goods, and he could not sell the goods against the buyer's wishes or add other unreasonable conditions.

In addition, according to the regulations on the protection of consumers' rights and interests in Shandong Province, the operators of photographic printing industry should deliver all the photographic materials to the consumers.