Consumers can say "no" to the Electronic Business website Jurisdiction Agreement

Light mouse, you can easily complete shopping, waiting for courier door-to-door, the convenience of online shopping and http://www.aliyun.com/zixun/aggregation/17725.html "> Price Advantage has created a team of increasingly large network to buy a family." However, the prosperity of online shopping is also accompanied by the occurrence of consumer disputes. A lot of consumers found after the dispute, according to the site's agreement, want to defend the rights must go far to the company registered local to achieve. Such a high cost of human rights, so that consumers in the rights or "waiver" of the choice into a dilemma. Today, the reporter learned from a Chinese Academy of Shanghai, the court in the trial of a network of shopping disputes issued by the ruling book told the Net shopping family: Where to shop, you can sue where.

Mr. Chen accidentally saw a story about "walking the net" from the press and began to pay attention to the shopping site. September 6, 2011, he was on the catwalk online to see the website is carrying out a brand-name watch 10 percent of the activities of advertising, then a few consecutive orders, buy Omega, such as several watches, and immediately paid the purchase price. Two days later, Mr. Chen received the Show Network customer service message, was told that because the goods ordered do not have the stock of overseas procurement, to September 19 before delivery. However, Mr. Chen has not waited until he ordered the watch, but on September 28 again received from the Show Network customer service message, told the goods out of stock, so the order was canceled, and Mr. Chen previously paid 25089 Yuan has been returned to Mr. Chen's account in the show net. Mr. Chen is very dissatisfied with the way the website is handled, for this reason, he filed a lawsuit against the district court where he lived, and asked the Shenzhen walking-Show Network Technology Co., Ltd. to run and manage to continue to fulfill the sale contract. After the case of the first instance court, the catwalk network company to put forward the jurisdictional objections, put forward that Mr. Chen registered as a walking show net member, should be regarded as has agreed to accept the Show Network user Agreement on the jurisdiction of the provisions of the dispute. The Court of first Instance ruled that the case should be transferred to a district court in Shenzhen, where the catwalk network company is located. Mr. Chen appealed to a Chinese court in Shanghai.

A Chinese court in Shanghai believes that Mr. Chen through the Show network to buy items, must first sign up to the Show network user Agreement, and then to order shopping, the user agreement is a format contract. The user agreement indicates "the dispute, Shenzhen Walking Show Network Technology Co., Ltd. should be submitted to the jurisdiction of the People's Court jurisdiction" clause, the jurisdiction of the provisions are clear and unique, but because the Web site does not bring the user in a reasonable manner to pay attention to the provisions of the Agreement, but also due to the provisions of the terms of the agreement to , seriously unreasonable aggravating the consumer's lawsuit burden, therefore the website agreement jurisdiction clause is invalid, should according to the Civil Procedure Law stipulation, by the defendant domicile place and the Contract Fulfillment Land Court jurisdiction. In the case of the two parties agreed that Mr. Chen's receiving address in a district in Shanghai, the trial court to the contract performance of the case to obtain jurisdiction. The original ruling was revoked and the District court in which Mr. Chen lived was governed.

Judge comments: On the site format of the agreement on the jurisdiction of the provisions of the case, in the Civil Procedure Law does not have a clear provision, should be analogous to the application of substantive law provisions. The contract law stipulates that the provision of a form clause exempts its liability, aggravates the other party's responsibility, and excludes the other party's main rights, which is invalid. The Consumer Rights Protection Act stipulates that the operator shall not make any unfair or unreasonable provisions to the consumers by means of a form contract, notice, statement or shop notice, or relieve or exempt them from civil liability for damaging the legitimate rights and interests of consumers. The contents of a form contract, notice, declaration, shop notice, etc. containing the contents of the preceding paragraph shall be invalid. In this case, because the user agreement of the Show Network of the provisions of the jurisdiction is precisely the case, it was found invalid. (Reporter Zhou Correspondent Aoying)