The "first sign and inspection" violates the customer's right to know.
daily daily news September 1st (reporter Li Mengbo correspondent Wang Bing) to collect the express, consumers have the right to open the case first inspection? At the Hangzhou Forum on urban consumption rights held in 2010, 22 consumer rights protection units, such as Ji'nan, Beijing, Shanghai and Hongkong, challenged the "first signed inspection" for a long time in the express industry.
open the package discovery that the mobile phone has become soap
in recent years, express service has been inseparable from the work and life of the citizens. The convenient and quick delivery service has realized the delivery of long distance goods and all kinds of off-site shopping. But when consumers receive express delivery, they often encounter problems such as loss of goods, breakage, and packing, and the regulations of "first signing the goods first" in the express industry have also led to the emergence of a large number of consumer disputes.
in July this year, members of the public sent a new mobile phone to Wuhan's father. Miss Zhang's father, after receiving the courier and signing the contract, opened the package and discovered that her daughter's express phone turned into a soap. In June of this year, Ms. Zhao ordered a coat on a shopping website. After courier delivery, Ms. Zhao wanted to check the goods before signing, but the express personnel asked Ms. Zhao to sign the goods after signing "the package is good and the express company is only responsible for delivery". But Miss Zhao, who had signed the contract, found that the description on the jacket and shopping website was quite different and there were a lot of stains. Subsequently, the website refused to take the responsibility of quality because Zhao had already signed the confirmation.
"signature after inspection" is a violation of the term
should it be "signed first after inspection" or "first sign after inspection"? In this regard, most express companies believe that if the express goods are well packaged, the express delivery company has completed the delivery obligation, so it must be "first sign after the inspection"; and the consumer believes that even if the package is intact, the goods inside may be subcontracted or damaged, so it should be "signed after inspection first".
in the Hangzhou Forum on urban consumption rights held in 2010, 22 urban consumer rights units agreed that the quality of the express service industry was uneven at present, and the unregulated behavior appeared repeatedly. The "first signature and post inspection" of the express industry not only infringes on the right to know and fair trade, but also violates the relevant laws and regulations of the state, but also objectively contributes to the fraudulent behavior that often appears in the off-site shopping.
22 urban consumer rights protection units believe that "signature after inspection" is an illegality clause. In January 1, 2008, the postal service standard of express service clearly stipulates that the express shall be accepted first after delivery, and then reconfirms after the acceptance without objection. This procedure shows that the "first signed inspection" belongs to the illegality clause and has no legal effect on the consumer.
in addition, according to the law of the protection of consumer rights and interests, the "first signature and post inspection" also violates the consumer's right to know and the right to fair trade, so that the legitimate rights and interests of the consumers can not be effectively guaranteed. It is in violation of the relevant provisions of civil law and contract law of China, and should be considered as a fair and invalid clause.
consumers receive express delivery should adhere to the first inspection of
to express the unreasonable line of the express industry. 22 urban consumer rights units agree that first of all, we should clean up and rectify the non standard service behavior of the express service industry, and actively improve the settlement mechanism of service disputes. As soon as possible, it is necessary to cancel the unreasonable practice of "signing the goods before signing the goods first" and "checking the goods by advance payment", and delete all kinds of illegal and unfair form clauses on the express documents, and actively improve the solution mechanism of the service disputes, and promote the healthy and orderly development of the express industry.
at the same time, consumers should take the initiative to safeguard their legitimate rights and interests. When receiving the express goods, do not hurry to sign the goods, do not make the decision to check the goods after the payment is easy, if the merchant or the courier do not let the goods check first, they should refuse to sign the goods. When the goods are damaged or the goods are wrong, they can refuse to pay. When consumers have evidence, they can appeal and complain to the relevant departments according to law so as to safeguard their legitimate rights and interests.