If you do not charge?The balance does not return?Nine major electric bicycle charging brands are rectified!
Author:China Consumer News Time:2022.09.28
Faculty standards are blurred
The recharge balance cannot be refunded
Dedicated due to the fault of the equipment
false promotion
... ...
February this year
Shenzhen Consumer Committee
Survey 9 electric bicycle charging equipment brands
Sort out, analysis
User service agreements, privacy policies and other materials
And find out the problem to related operators
Issue a letter of supervision
Currently
These operators
All rectification measures have been implemented
Nine electric bicycle charging equipment brands involve: Little Green Man, Mammoth Charging, Fubao Charging, Green Blocks, Rala Charging, Wusi Change Electricity, Flash Calling Call, Ding Ding Charging, and this lithium.
Five issues
1
7 brands have not significantly reminded the charging standard
Visit discovery:
绿 Beijing Green Star Little Green Man Technology Co., Ltd. and Shenzhen Green Energy Network Technology Co., Ltd. make clearly explicitly show that consumers can see the charging standards by scanning the QR code.
均 The other 7 brands did not explicitly explicitly show the charging standards, and they were not eye -catching and intuitive. Consumers could not see the charging standard at a glance. The main manifestations were:
Consumers need to scan the QR code to agree to obtain the user's nickname, avatars, and register before they can see the charging standard;
Consumers need to scan the QR code to pay attention to the WeChat public account or download the app registration before they can see the charging standard.
As a result, operators did not inform consumers 'charging standards in a significant way, and did not fully protect consumers' right to know, which was not conducive to consumers intuitively understand the service pricing and price change before receiving services.
According to the relevant provisions of the Consumer Rights Protection Law, the above behavior is suspected of infringing consumers' right to know.
2
Restrictions on consumer contracts are restricted
The first is not to remind consumers to pay attention to the content of key terms in a significant way.
Consumers check/click to be deemed to agree to user agreements, privacy policies, and some operators 'key terms to consumers' rights and obligations, and do not prompt consumers by bold or down lines.
The second is that consumers can only choose to agree with the format contract provided by the operator, otherwise the service cannot be used immediately.
Third, the subsequent modification or change of the content of the contract, some operators have no obligation to fulfill the notice and explanation.
According to the relevant provisions of the Civil Code and the Consumer Rights Protection Law, the above behavior is suspected of restricting consumer rights.
3
The recharge balance is not refunded
By analyzing the user service agreement signed by the operator and the consumer, the six brand operators agreed in the user agreement that they planned in advance that once the consumer recharge, the balance will not be refunded or the refund application will not be accepted.
According to the relevant provisions of the Civil Code and the Consumer Rights Protection Law, if the operator cannot provide corresponding services, the remaining amount of the consumer should be refunded.
As a result, once the recharge, the balance will not be refunded or the agreement that does not accept the refund application is unsatisfactory.
4
Exhaust clause is too loose
The first is that the operators do not provide any guarantees to the service through the format terms. The losses and responsibilities generated during the use process shall be borne by the consumer by themselves, and the operator shall not bear any responsibility.
Second, some operators aggravate consumers' proof of damage compensation. For example, when accidents or accidents, consumers are required to prove that accidents or accidents are directly caused by the inherent defects of the service itself, otherwise the operator will not bear legal responsibility.
According to relevant laws such as the Civil Code and the Protection of Consumer Rights and Interests, operators should ensure that the products or services provided in accordance with the standards of safe use should be used in accordance with the law, in accordance with the law, shall bear the corresponding infringement liability in accordance with the law and compensate for compensation. Consumer losses.
5
The collection and use of consumer personal information are not standardized
The first is suspected of collecting personal information of consumers. When providing services, some operators include information such as the gender, address and other information of consumers. If consumers do not agree with the operator to collect such information, consumers will not be able to use part or all services normally. The operator's collection of personal information should be limited to the smallest scope of the purpose of processing, and must not over -collect consumers 'personal information, and should explain to consumers in advance the necessity and corresponding purpose of collecting the information to ensure consumers' right to know and independent choices. And it is not allowed to provide some or all services on the grounds that consumers do not agree to collect such information.
The second is the law that has not complied with the legal information of sharing personal information with third parties. If consumers refuse to share information from third parties, the service cannot be used. Some operators did not obtain the consent of the consumer alone when sharing information from a third party, nor did they notify the detailed information of the third parties of the consumer.
According to the relevant provisions of the Personal Information Protection Law, the above behavior does not meet the provisions of the collective information collected and the use of consumer personal information.
Supervision effect
Nine major brands rectify all rectification
In July, the Shenzhen Consumer Council sent a supervisory letter to the operators of the 9 brands surveyed. The investigation operators all expressed rectification of the problem and promised to uniformly launch new user agreements and privacy policies on the country as soon as possible. The rectification rate is 100%. The effect of supervision is as follows:
01
Consumers can directly or scan the code to see the charging standard
You don't need to agree to obtain user nicknames, avatars and register or download app registration. You can see the charging standards using electric bicycle charging equipment services.
02
The format clauses are made and changed to a reasonable way of prompting
The operator promises that subsequent contracts will be prompted by the key terms of the contract and the next line. It will require consumers to read the electronic contract for a certain period of time. The modification or change of the contract content will be prompted by a pop -up manner and respecting consumers who respect consumers. Contract rights. 03
Unconscious recharge balances will be returned to consumers
The operator promises to refund the consumer's unsuccessful recharge balance and will improve the refund process. Consumers can directly complete the refund or contact the refund of the artificial customer service via online.
04
Modify and adjust the exemption clause
The operator promises to modify and adjust the relevant exemption clauses in accordance with the law, protect the legitimate rights and interests of consumers in accordance with the law, and will be launched as soon as possible.
05
Collect and use consumer personal information to comply with legal provisions
The operator promises to comply with the legal provisions of collecting personal information of consumers, but to collect consumer personal information. It is promised to share personal information with third parties to follow the law, and take strict protection measures for consumers' personal information to effectively protect the legitimate rights and interests of consumers.
Produced by Chinese Consumer Newspaper New Media Editorial Department
Source/China Consumer News · China Consumer Network
Reporter/Huang Yan
Edit/Pei Ying
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