ONLY and other brands in Ji'nan still adhere to the right to explain the activities questioned.
the State Administration for Industry and Commerce issued the "supervision and treatment measures for the illegal acts of the contract", and said "no" to "the company has the ultimate right to explain". Reporters interviewed yesterday found that large and small brands have attached great importance to this "right".
4 years ago, the Ministry of Commerce banned retail sales promotion as a reason to retain the "right of final interpretation", thereby damaging the legitimate rights and interests of consumers. The underground shopping plaza of Ginza in Ji'nan began implementing the regulation 3 years ago, and there was also a lot of resistance.
"final interpretation right" spread all over
in October 20th. The State Administration for Industry and Commerce issued a "supervision and treatment method for the illegal act of contract", in which part of the content directly refers to the problem that the strong operators in recent years are using the "tyrant clause" to damage the legitimate rights and interests of consumers. Unfair terms such as "the company has the final interpretation right" and "customers must not return goods for any reason" are classified as illegal terms. This approach will be implemented since November 13, 2010.
the reporter visited the streets of Ji'nan yesterday, and the word "the company has the ultimate right to explain" in a small print is still everywhere.
in the ONLY cabinet of you and the commercial building, buy enough amount and 29 yuan to send a package. At the bottom of the advertisement, there is a line of "the right to explain to the company all, the gift is in kind, and the gift is finished". In a supermarket printed by a supermarket, 9 brand milk powder promotions were listed, including 5 brands of meazemen, Abbott and Wyeth, all of which were printed under the advertisement for all the words of the merchant. The word "final interpretation right" is not only common in shopping malls, supermarkets, but also in hotels, travel agencies, beauty salons, beauty salons and wedding dresses.
the right to cancel the interpretation did not increase the dispute
3 years ago, there was a shopping mall saying no to the clause. According to the "retail sales promotion behavior management method" issued by the Ministry of Commerce, the Ginza underground shopping plaza began to clean up the POP advertisement in the store from October 2007, and prohibited the brand "the company has the final interpretation right", "the gift is in kind" and "the gift is limited to the end" in all kinds of advertising advertising.
the store was responsible for cleaning up POP ads at the time, and many brands of POP ads were designed in a good style or printed to Ji'nan. Therefore, when the regulations came out, they were besieged by many brands. Finally, in the case of shopping malls, some brands removed the word "final interpretation right" in the POP drawings sent by the head office. In the advertising leaflet, the similar words were erased with black marks.
the staff said that some brands in the past were dissatisfied with the fact that the actual sales standards were not in conformity with the advertising campaign. However, some brands have attached great importance to the content of advertising since the appearance of the "final interpretation right". Some brands are ambiguous and unequal to the supervision of the market. They will rectify and eliminate a lot of potential disputes.
the rule is "paper tiger"
the practice of avoiding the "final interpretation" of merchants. Li Yong, a lawyer of Shandong's Yong Xin law firm, said the rule was a paper tiger.
Li Yong / > newly said, he once had a customer to take part in a shopping mall to buy a coupon and bought an electric appliance. The result was a number of problems in the warranty period. The customer and the shopping mall negotiated, but the mall was pointing to "the market has the final explanation right", refusing to return the goods. Li Yong newly said, the business uses the lottery or the promotion activity, is the invitation to the consumer, is also the promise to the consumer, the consumer accepts the merchant's invitation, and forms the contract relationship between the two sides. According to the 107th article of the contract law, "the party who does not fulfil its contractual obligations or fulfills the contractual obligations shall bear the liability for breach of contract, such as continuing to perform, taking remedial measures or compensation for loss."
according to the relevant provisions of the law on the protection of consumer rights and interests, the "final interpretation right" proposed by the dealer is unreasonable and unlawful, and the merchant should fulfill the relevant commitments. "The ultimate interpretation of the right to the store" not only deprives the consumer of the right to explain the contract, but also the "final interpretation right" that the judicial administration has, which is clearly ineffective. Urban women's newspaper