Recently, Xiaopeng automobile gave an official reply to the previous media report that "Xiaopeng automobile was punished for infringing on consumers' rights and interests by using standard terms". It said that it had adjusted the content of the car purchase agreement on March 8, including reflecting the two options of arbitration and litigation, which is more convenient for customers to choose < p > < / P > < p > at the same time, Xiaopeng automobile also thanked the media for their attention and fair reporting, and said it would strictly follow the decisions of the market supervision and administration department < p > the original text is as follows: < / P > < p > thank you for your media's attention and support to Xiaopeng automobile < p > we apologize for your concern and concern about the punishment imposed by Beijing Chaoyang District market supervision and Administration Bureau on the dispute resolution clauses in the old version of Xiaopeng automobile purchase agreement < p > Xiaopeng automobile will always abide by the concept of legal operation. Arbitration is one of the dispute resolution methods recognized by law, which has the advantages of simple and efficient process. This clause is not intended to limit the right to choose dispute resolution methods. Xiaopeng automobile also attaches great importance to the voice of customers, and has adjusted the content of the car purchase agreement on March 8, including reflecting the two option clauses of arbitration and litigation, which is more convenient for customers to choose. This setting not only considers the customer's requirements that intend to choose litigation as a dispute resolution method, but also considers the simple and time-effective solution of arbitration < p > Xiaopeng automobile will strictly follow the decisions of the market supervision and management department, but at the same time, we will appeal through legal channels to express the legitimate demands of the enterprise < p > thank you again for your attention and fair report

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overlord clause! "Xiaopeng automobile" was punished < / P > < p > source: & nbsp; China Consumer News & nbsp& nbsp; < p > < / P > < p > buy a car in Beijing < / P > < p > any dispute can only be arbitrated in Guangzhou < p > recently < / P > < p > Beijing Xiaopeng Automobile Sales Service Co., Ltd. (hereinafter referred to as Beijing Xiaopeng automobile) was warned and fined by Beijing Chaoyang District market supervision and Administration for violating consumers' rights and interests due to unfair contract terms < / P > < p > < p > according to the national enterprise credit information publicity system, Beijing Xiaopeng Automobile Sales Service Co., Ltd. (hereinafter referred to as Beijing Xiaopeng automobile) is mainly engaged in the sales and after-sales service of Xiaopeng brand cars, It is the main sales body of Xiaopeng automobile in Beijing, and other stores and branches are experience stores When purchasing cars online or offline, consumers can sign an agreement with Xiaopeng (hereinafter referred to as "Xiaopeng" to purchase cars online or offline) < p > the contents of the agreement shall be confirmed by Guangzhou Xiaopeng Automobile Technology Co., Ltd. and reused by the parties in the process of selling vehicles < p > Where, Article 13 of the agreement stipulates: < / P > < p > "This Agreement shall be governed by the laws of the people's Republic of China. All disputes arising out of and in connection with this Agreement shall be settled by both parties through friendly negotiation. If the parties fail to resolve such disputes through consensus, either party has the right to submit the dispute to Guangzhou Arbitration Commission for arbitration in Chinese. The arbitration award is final and binding on both parties." < p > some words in this content are highlighted with bold and underline. When using Xiaopeng auto app to purchase a vehicle, consumers need to sign a purchase agreement online. During this signing process, Article 13 of the agreement cannot be changed < p > Chaoyang District Market Supervision Bureau believes that: < / P > < p > Beijing Xiaopeng automobile is registered in Beijing and engaged in vehicle sales and other related business activities. The objects of selling goods and providing services are mainly consumers in Beijing < p > Beijing Xiaopeng automobile signed an automobile sales contract with Beijing consumers and agreed to arbitrate in Guangzhou Arbitration Commission by using standard terms, which excluded the jurisdiction of Beijing, limited the right of Beijing consumers to choose dispute resolution, increased the unreasonable cost and burden of rights protection of Beijing consumers, and infringed on the rights and interests of consumers < p > Beijing Xiaopeng automobile has a certain advantageous position in the process of concluding sales contracts with consumers. It should consider the knowledge of ordinary consumers about the provisions of China's laws, set the standard terms of the contract according to law, and reasonably provide solutions to problems and disputes < p > to sum up, Beijing Xiaopeng automobile constitutes an act of excluding consumers' right to file a lawsuit on contract disputes through standard terms. The existing evidence cannot prove that Beijing Xiaopeng obtained illegal income by using this clause < p > in accordance with Article 15 of the measures for punishment of acts infringing on consumers' rights and interests, Chaoyang District Market Supervision Bureau requires Beijing Xiaopeng Automobile Sales Service Co., Ltd. to correct the above illegal acts and give an administrative penalty of warning and fine of 3000 yuan < p > Article 4 of the law on the protection of consumers' rights stipulates that "business operators shall abide by the principles of voluntariness, equality, fairness, honesty and credibility when dealing with consumers"; Paragraph 3 of Article 16 stipulates: "when providing goods or services to consumers, business operators shall abide by social ethics, operate in good faith and protect the legitimate rights and interests of consumers; they shall not set unfair and unreasonable trading conditions or force transactions." On February 3, 2021, Hangzhou Xiaopeng Automobile Co., Ltd. was fined 10000 yuan by the market supervision and Administration Bureau of Gongshu District, Hangzhou, Zhejiang Province for infringing on the legitimate rights and interests of consumers by using the standard terms of the contract < p > according to the decision on administrative punishment, Article 10 of Xiaopeng automobile purchase agreement stipulates that "... If both parties fail to resolve such disputes through consultation, either party has the right to submit the dispute to Guangzhou Arbitration Commission for arbitration." The act violates the provisions of item (5) of Article 11 of the measures for the supervision and handling of contract violations, and belongs to the illegal act that the business operator excludes the right of consumers to file a lawsuit for disputes over standard terms in the standard terms < p > article 11.3 of Xiaopeng automobile purchase agreement stipulates that "11.3. You agree that when the court, arbitration institution and Xiaopeng automobile send various documents / documents by express delivery, the date of delivery shall be the date of delivery, regardless of whether the delivery result is rejection, successful or unsuccessful delivery, etc." The act of violates the provisions of item (5) of Article 9 of the measures for the supervision and handling of contract violations, which belongs to the illegal act that the operator exempts itself from other responsibilities according to law in the standard terms < p > produced by the new media Editorial Department of China consumer daily < / P > < p > source / editor of China consumer daily · China consumer network < / P > < p > / PEI ?
2023-03-22 10:04:52