In recent years, online consumption has become the most important way for consumers to consume, and there are many disputes caused by it. In order to correctly try dispute cases specifically aimed at online consumption and protect the legitimate rights and interests of consumers, the Supreme People's Court adopted the Provisions on Several Issues Concerning the Application of Law in the Trial of Online Consumer Dispute Cases (I) on February 15, 2022, which came into effect on March 15, 2022.
There are several provisions in the provisions that consumers are more concerned about, and they also have a relatively large impact on the interests of consumers, and the lawyer of the magic treasure will give you an interpretation in this article.
I. Article 1 of the Judicial Interpretation clearly stipulates that in the standard contracts provided by e-commerce operators, the people's courts shall find these contents invalid, such as "the consignee signs for the goods as recognizing the quality of the goods", "the platform party enjoys the right of unilateral interpretation or the right of final interpretation", "after payment, consumers cannot make separate complaints, reports, request mediation, apply for arbitration, or file lawsuits" and other clauses that restrict or exclude consumer rights and reduce or exempt the platform party's liability, these standard clauses are invalid clauses.
2. Article 3 of the Judicial Interpretation stipulates that if a consumer unseals the goods as necessary due to the inspection of the goods, the platform shall not refuse the consumer's request for return on the grounds that the goods have been unsealed without affecting the integrity of the goods.
3. Article 9 of the Judicial Interpretation stipulates that if a platform signs a contract with others to conduct false publicity by means of fictitious transactions, fictitious clicks, fabricated user evaluations, etc., the people's court shall find it invalid. This is to regulate the use of false publicity in the online consumer market such as "brushing orders", "brushing comments", "brushing traffic" and so on through legal means.
IV. Articles 16 and 17 of the Judicial Interpretations stipulate that where online live streaming marketing platform operators and live broadcast room operators know that there is a problem with the quality of the goods provided by the merchant and do not meet the requirements for ensuring personal or property safety, and still promote it and cause damage to consumers, the platform operator and the live broadcast room operator shall bear joint and several liability with the business. This also requires the platform and the live broadcast room to do a good job of checking the promoted products and protecting the rights and interests of consumers.
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