Network rights must be careful electricity supplier service agreement trap



Dangdang, where to network, Tmall mall service agreement involving the terms of the agreement jurisdiction (circle). Video screenshot

Beijing News (reporter Li Yutong Intern Li Ruijia) electricity supplier companies in the registration service agreement, the general jurisdiction of the dispute will be agreed on the court, the lawsuit can only be located in the electricity supplier". Consumers in the online shopping platform for the first time, you must agree to the electricity supplier company in advance of the service agreement, to complete the registration. This may cause some barriers to online shopping consumer rights." Yesterday morning, the second court court deputy director Xu Ying introduced last year, the second court heard two cases of a lawsuit in the jurisdiction of the court controversial cases.

electricity supplier to the location of the lawsuit to block online shopping rights road

Xu Ying said, the hospital found in the judicial practice, because the consumer online shopping and business disputes sued each other, the electricity supplier according to the service agreement in terms of agreement jurisdiction raised objection to jurisdiction has become a new type of consumer rights cases.

Such as "Taobao

" service agreement "on the disputes under the jurisdiction of States, once the dispute, you are with the Taobao platform operators agreed to the people’s Court of the place where is the jurisdiction of the court of first instance; the" agreement "in terms of service, caused by the user of any product through Ctrip will agree to accept the dispute under the jurisdiction of Shanghai Changning District people’s court." Xu Ying introduction, different from the traditional way of shopping, online shopping has the characteristics of cross regional jurisdiction, the terms of the agreement excludes contract, domicile of the consumer and the people’s court has jurisdiction over the dispute of the actual connection point, disadvantaged consumers have to cross regional rights. This will undoubtedly greatly increase the cost of litigation, even to a large extent, forcing consumers to flinch, give up rights.

should provide online shopping disputes by the consumer domicile court jurisdiction

provisions of Supreme People’s Court on the application of the "PRC Civil Procedure Law" interpretation, in through the information network to conclude the contract situation, can be the buyer’s domicile or receipt as a contract, but in terms of the agreement have special agreement on jurisdiction over the case, the above clause to fully protect the rights and interests of consumers.

Xu Ying suggested that in the development of consumer protection rules, can learn from the experience of other countries, under the jurisdiction of such disputes to make special provisions accordingly, by the people’s court at the domicile of the exclusive jurisdiction of the consumer, it can also be forced operators to carry out credit management, improve service quality, to protect the interests of consumers fundamentally.

"if the electricity supplier company is not in a reasonable way to the attention of the user jurisdiction clause, or the jurisdiction clause provides for consumers obviously unfair and unreasonable, a serious increase in consumer litigation costs and burdens, shall determine the jurisdiction clause is invalid." Xu.

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