So this matter actually has nothing to do with the market supervision department, but to be honest, Zhou Yi just can’t stand the platform’s regulations!
Not only Xiaolan's so-called platform regulations, but also Qiyi Company's platform regulations and other Internet companies' so-called regulations, or standard terms, are unacceptable.
One by one, they use this as an excuse to impose a lot of rules on you.
Unfortunately, when users log in, they basically won’t read those long and small format terms.
This is the so-called difference between French and human language.
If you haven't received specialized training in legal terminology, it's okay to read one or two words, but when you read those obscure legal clauses, you feel like, "I know all these damn words, but I just can't understand them..."
But I can’t say that I don’t understand it at all. I have to think about it in my mind for a long time before I can get some idea.
And if you need to log in, you must click I agree. This is where many Internet companies come into play. You see, you have agreed, so what else can you say?
As for arguing with the Internet platform because of the terms themselves, few people are willing to do that.
It's a thankless job and you don't make much money even if you win.
So Zhou Yi thought that he could do this. After all, he could beat the children on a rainy day and he had nothing to do anyway.
"So, just because they say it's the platform's rules, you're going to sue them to invalidate certain terms? The merchant has already compensated you, right?"
Zhou Xinran looked at Zhou Yi as if he were a pervert.
Zhou spread his hands and said, "Is there a problem? They said it was a platform regulation, and I didn't like it, so I sued. This has nothing to do with the merchant, so each matter is separate."
"Xinran, Zhou Yi is right!" Lawyer Fang, who was working at his desk, raised his head.
"We who work in the legal field must deal with each case separately. Previously, Zhou Yi said that a fly was found in his food, which was the merchant's fault, so he went directly to the merchant. But now, if there is a problem with the terms, then we must go to the platform. This has nothing to do with whether the merchant compensates or not."
Zhou Xinran nodded, it was indeed the truth.
If these two perverts are willing to do this thankless job, then let them do it.
Zhou Yi and Fang Dazhuang have already started.
"Xiao Lan, right? Wait for me to check their information. Xinran, go write a complaint and I'll look at their terms. Hmm, I found it right here. It says that in the event of a dispute, consumers should contact the insurance company directly."
Zhou Yi and Zhou Xinran were stunned, looking at Fang Dazhuang who pretended to have looked for it, and then saw that it only took three seconds, "You still dare to say that you found it on the spot?"
You've obviously been prepared for this for a long time!
Of course, Mr. Fang had prepared well in advance. He had written down a lot of things in his notebook, including a lot of things like these "unfair clauses".
But he won't tell you what's in the notebook.
Because there must be a suitable case.
"Mr. Fang, what grounds should we use to file a lawsuit?" Zhou Yi asked.
"Simple, if a party providing standard terms exempts itself from liability, increases the other party's liability, or excludes the other party's main rights, the clause is invalid!"
Then Mr. Fang began to explain that consumers have the right to choose independently. I can choose to directly connect with your insurance after the problem occurs, but at the same time, I can also choose not to, and I can also connect directly with the merchant.
This is a very important right of consumers!
Here, it may seem that this right is not important, but in other cases, it is different.
To give a simple example, if you look carefully at the standard terms and conditions of many companies, you will find that they also have corresponding provisions regarding jurisdiction when legal action is taken after a problem occurs.
Generally speaking, it will be stipulated in the clauses that the court where the company is located must be selected, that is, the jurisdiction of the court is directly stipulated in the form of a standard clause.
The reason for this is to make you, the consumer, feel discouraged. Because in many cases, the person concerned is thousands of miles away, and it is very difficult for you to go to the company's location to file a lawsuit.
Not to mention their local areas...some companies here are the best.
This is a calculation, to find ways to increase the cost of your prosecution so that you will give up the legal route.
However, the law has further regulations. When a dispute occurs, the jurisdiction can be chosen by the court where the company is located, the court where the parties are located, or the Internet court!
You said that the selection weight is not important.
If the other party does this and you want to argue with them, you either have to go to their territory or file a jurisdictional objection lawsuit first. It is never that easy to argue with them.
Again, don’t think that many of consumers’ rights are useless. No, they are all very useful, but many people don’t have the time or energy to argue about them.
If you give up the high ground of power, it will naturally be occupied by those companies, and gradually, they will get used to doing so.
So when you meet someone who is very picky, you will think that person is a thorn in your side!
"The case itself is not that difficult," Lawyer Fang continued.
Zhou Yi didn't say anything. Only Fang Dazhuang could say that. It seemed that many cases were very simple in his words. But in fact, when such cases go to court, there are always many disputes.
Fortunately, evidence is easy to obtain. The standard terms are there, and they are direct evidence.
Corporate legal persons are different from natural persons. If you want to sue, the company's information is easy to find, especially for lawyer Fang.
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