In the process of consumption, have you ever encountered the overlord clause ?

I think there are actually a lot of such overlord clauses in life, and we often encounter them in our daily life.

Most of the time people can get by, most of them are too lazy to care, in fact, in fact, many cases are obvious infringement, as a consumer if you want to be more serious, then you can really have a good theory, or even to the consumer association to complain.

Two days ago, I went to buy sugar oranges, and it was a stall on the side of the road, probably for convenience, and the minimum purchase amount was not less than ten yuan.

At first, I didn't know that there was this so-called rule, I picked some oranges there, and because the oranges were not too good, I was troublesome to pick, so I didn't bother to pick them. After that, I took it and asked the stall owner to weigh it for me, and it turned out to be less than five yuan. The stall owner said that he would not sell it for less than ten yuan, so he just picked up a bunch and put it on the scale for me.

I didn't do it at the time, there are so many bad oranges of yours, I haven't picked out a few good ones for a long time, you bring me a bunch of bad ones, so can I ask for them?

In the end, I broke up with the stall owner, he insisted on not selling it for less than ten yuan, and I was angry and didn't buy it.

I think the stall owner's behavior is an obvious overlord clause, who stipulates that I have to buy as much as I want, and no one cares if I spend money to buy as much as I want.

There is also a lot of complaints on the Internet, a delicatessen store especially likes to add scales to customers, and people say that the clerk who wants 20 yuan can add 50 yuan, which is obviously unreasonable and violates the rights and interests of consumers.

As a consumer, I can choose not to care, but I can also choose to care, the key is whether I personally have the energy and whether I am willing to care.

There are actually many situations in our daily life, such as the so-called refusal to take out alcohol in the restaurant, the non-return and non-exchange of ** goods in the store, and so on.

The so-called regulations of these stores are usually followed by a sentence: the final interpretation of the event belongs to the store. This is obviously three hundred taels of silver here, for ordinary people, because they do not know enough about the relevant laws, so they are led by the nose by the merchants.

In fact, these behaviors are overlord clauses, and consumers have every right to refuse.

Many domestic businesses will formulate some "overlord clauses", the purpose of which is to avoid subsequent troubles. As a consumer, if we find that these are obvious violations of our rights and interests, then we can completely refuse to perform. Some people will choose to acquiesce to these terms for fear of trouble, but in fact, this is a kind of connivance at the infringement of merchants, so that they have no fear and take some things for granted.

Consumer rights and interests are inviolable, and we, as consumers, should also stand up.

1. "It is forbidden to bring your own alcohol";

2. "The cost of disinfection tableware is one yuan" or "disinfection tableware is charged separately";

3. "Minimum consumption for private rooms";

4. "If Party A needs to reduce the number of reserved seats, it must inform Party B 15 days in advance, otherwise Party B will charge the full amount according to the original number of reserved seats";

5. "Please take care of your belongings, beware of theft, our store is not responsible for loss" or "Please bring your belongings in public places, if you lose them, you will be responsible for the consequences";

6. "The restaurant has the right to accept or refuse to allow customers to bring their own drinks and food. If the customer does not accept the restaurant's suggestion, it will be deemed to be an automatic waiver of the right to complain about food hygiene".

Do you know what are the consumer rights that you consume every day? On the occasion of the 39th "International Consumer Rights Day", let's take a look at what are the common overlord clauses in daily life?

1. Lockers in shopping malls are not responsible for any loss

The act of keeping consumers' parcels or goods in shopping malls is both a service act and a business act. The locker proves that the mall and the consumer have formed a custody contract relationship, but the mall acts as a custodian free of charge.

According to Article 374 of the Contract Law of the People's Republic of China [Damage and Loss of Deposited Property and Liability of the Custodian].

During the period of custody, if the custodian causes damage or loss of the custodian due to improper custody, the custodian shall be liable for damages, but the custodian shall not be liable for damages if the custodian proves that he is not grossly negligent.

Therefore, this provision of shopping malls is an unfair and unreasonable provision for consumers.

2. "The final interpretation right of this event belongs to the merchant".

This article is a typical "overlord clause", which has developed into an industry practice and is universal in the service industry, and its purpose is that merchants want to have absolute rights in ** activities.

According to Article 41 of the Contract Law of the People's Republic of China [Interpretation of Standard Contracts].

Where there is a dispute over the interpretation of standard clauses, they shall be interpreted in accordance with the common understanding. Where there are two or more interpretations of the standard clauses, an interpretation unfavorable to the party providing the standard clauses shall be made. Where standard terms and non-standard terms are inconsistent, non-standard terms shall be used.

Therefore, the merchant's statement infringes on the consumer's right to claim compensation and remedy, and is an invalid civil act.

3. "Buy one get one free, ** goods are not returned".

Sold items will not be returned".

Discounted goods are non-refundable and non-exchangeable".

Proprietors must not use standard clauses, notices, statements, store notices, or other methods to make provisions that are unfair or unreasonable to consumers, such as excluding or restricting consumer rights, reducing or exempting proprietors' liability, or increasing consumer liability, and must not use standard clauses or use technical means to compel transactions. If the standard terms, notices, statements, store notices, etc. contain the contents listed in the preceding paragraph, the contents shall be invalid.

In daily life, many of our consumers will encounter different degrees of merchant overlord clauses in the process of shopping and consumption. There are a lot of these overlord clauses, but many of us consumers don't know about it yet.

Article**1 For example, when we usually go to a hotel, there will always be some private rooms. However, some private rooms are possible, and there are some discordant rules: the minimum consumption of private rooms is RMB! In fact, this is one of the overlord clauses.

Gym: "If there are any items left in the locker, they will be considered abandoned items and will not be kept".

Wedding photography: "The deposit is non-refundable".

Study Abroad Service Agency: "Fees charged will not be refunded under any circumstances".

Prepaid consumption card: "The store has the right to modify and terminate the use of the card".

The company will not compensate for the damage and decay of fragile and perishable goods on the way". If the goods are not picked up for more than 30 days, the company has the right to dispose of them at its own discretion". Damage to goods within 3% of the total value is normal wear and tear, and the loss is at your own risk."

**Commodities are non-returnable" and "Gold and silver jewelry are non-returnable". Buy one get one free, and the giveaway does not implement three packs. These are all overlord clauses!

How should we resolve disputes in the event of overlord clauses in shopping and consumption? When encountering such a situation, we must not make a big fuss or even solve it by force. We should take up the law to protect the legitimate rights and interests of our consumers.

According to the provisions of the Consumer Law: negotiate a settlement with the operator, request the consumer association for mediation, complain to the relevant department, submit to an arbitration institution for arbitration according to the arbitration agreement reached with the operator, and file a lawsuit in the people's court!

I believe that in daily life, my friends have encountered all kinds of overlord clauses like me, involving many fields, which are difficult to guard, and even a little angry and helpless.

1. Shopping: "We are not responsible for the loss of the storage bag"; "The final interpretation right of this event belongs to the merchant"; "Buy one get one free, ** goods are not included in the return"; Sold items will not be returned"."Discounted goods are not returned or exchanged", etc.

2. Express delivery: "sign first and then accept"; "The carrier is not liable for delays caused by holidays"; If the goods are not picked up for more than 30 days, the company has the right to dispose of them at its own discretion". "The company will not compensate for the damage or decay of perishable items on the way".

3. Catering: "The store refuses to bring its own drinks"; "It is forbidden to bring in foreign food"; "Set a minimum consumption for private rooms"; "Sterilized tableware needs to be consumed", etc.

4. In terms of education and training, the operator's behavior of not allowing a refund due to the consumer's personal reasons or assuming liability for breach of contract in the form of the consumer bearing all the remaining tuition fees is obviously contrary to the principle of fair trade and is an act of increasing the consumer's liability, so the relevant provisions listed in it are suspected of being invalid.

5. In terms of medical cosmetology, unilateral agreement that medical cosmetology surgery fees and medical fees will not be refunded is not operable and cannot reduce statutory liability.

6. In terms of online games, the standard clause of "the final interpretation of the game content and the content of this agreement belongs to the company" violates the prohibition clause of the Civil Code on standard clauses and is invalid.

7. In terms of automobile consumption, "the acceptance of the vehicle shall be carried out at the place of delivery at the time of delivery." Party A (consumer) shall carefully inspect and confirm, and if there is any objection, it shall be submitted to Party B (operator).

Otherwise, if the aforesaid problems are found after the delivery of the contracted vehicle, Party B shall not be liable" unreasonably shortens the inspection period, increases the obligations of consumers, and excludes the operator's liability for quality defect guarantee, which is an unfair standard clause and is not legally binding.

March 15, 2023 has just passed, do you know what are the consumer rights and interests that you are consuming every day? Let's take a look at what are the common overlord clauses in daily life?

Overlord clauses refer to terms that are unfair in the process of consumption, and these terms often harm the rights and interests of consumers. Here are some common overlord clauses:

1.Merchants have the right to adjust** and fees according to their own interests, and consumers must comply with them.

2.Merchants are free to change the delivery time and conditions of goods or services at will, while consumers must comply with the contract.

3.Merchants can offer no services or products, and consumers have to pay a fee.

4.Merchants can impose restrictions on the purchase behavior of consumers, and consumers must comply with the contract.

5.The merchant may not offer any return or exchange service in the transaction, and the consumer must bear the cost of the return.

6.Merchants can adjust the transaction fees and other fees according to their own interests, and consumers must pay the corresponding fees in accordance with the contract.

7.The merchant may refuse to provide any form of after-sales service, and the consumer must pay the corresponding fees in accordance with the contract.

These overlord clauses often involve the right and obligation relationship of non-negotiation and fairness, which damages the legitimate rights and interests of consumers.

Therefore, relevant authorities need to strengthen supervision and governance to protect the legitimate rights and interests of consumers.

If you encounter an overlord clause, here are a few ways to consider resolving it:

1.Negotiate with the merchant: If the overlord clause is unfair, you can negotiate with the merchant. It is possible to solve problems through discussion and communication, and to find a compromise solution.

2.Seek legal assistance: If you can't negotiate a resolution with the business, you can seek legal assistance. Legal aid is a professional legal service that can help you find a fair solution.

3.Complaints and reports: If you encounter overlord clauses, you can file complaints and reports with the local market supervision and administration department. The market supervision and administration department is responsible for protecting the legitimate rights and interests of consumers, and can help you solve problems and maintain a fair leaky consumption environment.

4.Litigation: If none of the above methods can solve the problem, you can consider filing a lawsuit with the local market supervision and administration department and judicial department to protect your legitimate rights and interests.

In short, when encountering overlord clauses, you should stay calm, make timely complaints and reports, and seek help from legal aid and relevant agencies. At the same time, it is also necessary to strengthen the construction and implementation of laws and regulations to protect the legitimate rights and interests of consumers.

A few days ago, these standard terms, which always make consumers helpless, were listed in the top ten "overlord clauses" by the Hefei Municipal Bureau of Industry and Commerce and announced to the public. The filial piety department of Gongqilun believes that the above clauses infringe on the legitimate rights and interests of consumers. In reality, when encountering the overlord clause, can consumers really say no?

A few days ago, the reporter visited some business sites in the provincial capital and found that many businesses are still stubborn in the "overlord clause", and even refuse to consume when consumers do not comply with the terms.

There are too many fake cigarettes outside, and it is difficult for the naked eye to detect the real and fake, and if consumers exchange fake cigarettes, they can't deal with it. At the famous wine counter in the supermarket, the reporter asked whether it could be returned or exchanged after purchase, but it was also denied. The salesperson's explanation was similar to that of the cigarette counter salesperson, saying that it was prevented from someone taking counterfeit products to "exchange tanuki for prince".

When the reporter said that the industrial and commercial department has regulations, which belong to the "overlord clause", the salesperson responded that Tong Xiao did not know that the supermarket has implemented such regulations for so many years.

If a consumer encounters an "overlord clause", if he or she applies to the court for a judicial decision, the court judgment will be unfavorable to the merchant, and the clause or contract may be directly ruled invalid, so as to protect the legitimate rights and interests of the consumer. In addition, Mr. Zhang suggested that the relevant authorities could impose certain penalties on the formulators of these "overlord clauses", so as to prevent the continuation of such clauses.