Dangdang regulations to Beijing to be sentenced to unequal treaties

Provisions "format clause

[review] dangdang.com all disputes must be resolved to Beijing". The day before, Guangzhou City Intermediate People’s Court on dangdang.com together jurisdiction objection made a final ruling, that substantial inequality damages the lawful action of consumers, that dangdang.com jurisdiction clause is invalid.

Information Times News (reporter Wei Huihui correspondent Liu Kan Yang Xiaomei) online shopping has become one of the most important modern consumption patterns, many network operators registered users in the consumer link, advance in the format of the contract set in the jurisdiction clause, the terms of the format dangdang.com provisions "all disputes must be resolved to Beijing". The day before, Guangzhou City Intermediate People’s Court on dangdang.com together jurisdiction objection made a final ruling, that substantial inequality damages the lawful action of consumers, that dangdang.com jurisdiction clause is invalid.

case review

Dangdang asked the defendant in Guangzhou moved to Beijing to hear

April 2012, Wang Guangchen was in the occupation of fake people Dangdang online to buy a batch of "bitter Qingzhi capsule, he tested the local business sector, the results show that the product is fake, then to the Baiyun District Court Beijing dangdang.com Information Technology Co. Ltd. (hereinafter referred to as dangdang.com).

as a defendant, dangdang.com is not the first time give reply comments, but first proposed the objection to jurisdiction, the reason is the domicile of Dongcheng District in Beijing City, stated in the terms of the transaction on the site: "the people’s Court of all disputes will resort to the location of the Beijing dangdang.com".

Dangdang believes that the case should be the people’s Court of the people’s Court of Beijing city of Dongcheng District. Therefore, Dangdang request will be transferred to the case of the Dongcheng District people’s Court of Beijing.

although the law allows the parties to agree to. However, from the "set the terms" dangdang.com, when consumers enter the registration page, the website will pop up "agree" and "terms" dangdang.com dangdang.com clause "community" option, the default is to have selected, and the website is no specific content of registration directly express the above terms.

online shopping consumers click on the registration consent, can be regarded as an effective discrimination of the above terms, agreed to the terms of the agreement jurisdiction it?

court decision

The

is not valid for the unfair jurisdiction of the consumer

Court pointed out that the "nineteenth terms" dangdang.com "all disputes will resort to Beijing dangdang.com people’s court at the place of jurisdiction is a standard contract, in the event of a dispute to the court to consider the agreement jurisdiction clauses, in order to eliminate the unreasonable contract terms of format.

in the Dangdang trading terms, Dangdang did not pass a reasonable and clear way to allow the registrant to note that the dispute resolution clause. The terms of the agreement are contained in a large amount of information

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