"Y-Reporter Gang" China Consumers Association: Consumers should pay attention to preventing education and training "Overlord Terms"

Author:Yangcheng Evening News Yangche Time:2022.08.31

Text, Figure/Yangcheng Evening News all -media reporter Ma Can

Recently, the Chinese Consumer Association (hereinafter referred to as the "China Consumers Association") released the "" Unexpected Format Terms "Consumer Cognitive and Clues Collection Survey Report" (hereinafter referred to as the "Survey Report"). According to reports, a total of 367 clues of the unfair format provided by consumers were received by consumers. Among them, education and training is an industry with more consumer complaints. The China Consumers Association put forward guidance on the situation of retirement, overdue, and shifts that consumers are most concerned about.

The report pointed out that nearly 90 % of consumers have encountered an unfair format clause

Violation of the principle of fair clauses attributed to invalidity

Overlord clause: Disclaimer to exclude or reduce its own responsibilities. For example, ×× online schools are not guaranteed (including but not limited) ... users use any information downloaded or obtained by this service, and their risks should be borne by themselves.

Guidance: The formulation of the exemption clause should follow the principle of fairness and focus on the protection of consumer rights. Regarding the exemption clauses, the relevant laws have clearly stipulated, especially for the case of providing format clauses that unreasonably exempt or reduce their responsibilities. The operator shall bear guarantee responsibilities for the goods or services it provides in accordance with the law. The content obtained by accepting education and training services shall comply with legal provisions, and this responsibility shall be borne by the operator. The format of the "risk" is a situation of excluding its own responsibilities and violations of the principle of peace, and it is invalid.

For consumers, in the process of receiving education and training services, the contract terms provided by the operator should be paid to the operator, and the exemption clauses suspected of unfairness and unreasonable exemption should be communicated with the operator in time to safeguard their legitimate rights and interests in accordance with the law.

Course courseware should be delivered as a whole

Overlord clause: After purchasing recording and broadcasting class, there is no one -time delivery, but the contract agreement is deemed to be delivered, and it is not refunded after delivery. For example, the recording and broadcasting courses on the ×× class, once the course is sold permanent and effective, and supports unlimited number of playback and learning. You can freely select time and place to log in to the app to learn. … After you log in to the app and match the purchase account account, you are deemed to be the delivery of all virtual courses. Once the course is delivered, it will not be returned ...

Guidance: As far as the above situation is concerned, the delivery of the courseware shall be delivered as a whole, not a division delivery, that is, when the operator completes all the courseware recording and transmits it to consumers Essence Because the completion of the delivery means the transfer of risks, if the delivery of some courseware is considered as the completion of the delivery obligation, once the operator cannot continue to fulfill the delivery obligations, the risk of not delivering the courseware will be borne by consumers, so that consumers will spend spend All the prices were purchased for semi -finished courseware. The behavior of this risk passed on obviously violated the law, and its terms were suspected of being invalid due to aggravating consumer responsibilities.

In this regard, consumers should be vigilant, enhance their ability to identify such unfair and unreasonable terms, and safeguard their legitimate rights and interests in accordance with the law.

The refund should be carried out at the actual transaction price

Overlord clause: You can only apply once for the application for replacement; you must not apply for a refund for 7 days after the start of the course; the courses purchased at a preferential price will be refunded after deducting the cost of the course at the time of the course at the time of the course.

Guidance: The operator should eliminate the right to refund the contract with the condition that the operator is replaced by the condition, which obviously constitutes unreasonable restrictions on consumer rights.

The clause of "not to apply for a refund for 7 days after the start of the class" obviously exceeds the loss that the consumer foresee or it should be expected due to the possible loss caused by the consumer. Therefore, the exercise of consumers' right to refund, this clause is obviously not reasonable, which is a situation of restricting and excluding consumer rights. The preferential price is more in line with the true value of the course, and it is also a de facto transaction price. Therefore, the refund should be carried out at the actual transaction price.