Online feeding platform refund difficult: overlord terms frequently appear, virtual currency instead of cash does not refund in disguise

  • 栏目:手机快三 时间:2020-08-05 21:47 分享新闻到:

Investigation on refund difficulty of online feeding platform: overlord clause frequently appears, virtual currency instead of cash does not refund

Many online feeding platforms often agree on smart phones to improve the signing and purchasing process. The purchasing process is specially designed and convenient, and the course introduction often shows preferential news and teachers' advantages. However, it has done a subtle evasion or concealment in the aspect of showing the conformity.

Until the college entrance examination was released, Zhang Yu (not his real name) still came to his own refund.

In order to deepen the review results, he bought an online ape tutoring course for senior three mathematics class 985 in early April this year. After the three courses, he mainly looked at foreign countries because of the time. It was not until before the college entrance examination that he realized when he applied for a refund that \ \ Zhang Yu is not the only one who has the same experience. According to the 21st century economic report, on the third-party complaint platforms such as complaints gathering and dark cat complaints, CCTV's \ It has been a long time since the problem of refund for online nursing has existed for a long time. It has been widely used in online nursing platforms for many years, and disputes continue. This is related to the weak supervision of relevant regulatory parts, which shows the scene that it is difficult for to be named and exposed by CCTV.

The probability problem behind


Shanghai Consumer Protection Commission said in the first half of this year that many institutions in line with the survey conducted in Beijing, Shanghai and Shenzhen for online feeding platform. In the end, more than 65% of the households in the three first tier cities have encountered the problem of \ As a matter of fact, mobile phones are fast three, and it is difficult for online feeding platforms to refund money, which has always been a persistent disease that consumers always criticize. According to the data of the white paper on China's online feeding industry in 2018 released by AI media, 16.9% of China's online nursing users encountered the problem of \ Zhang Yu informed 21st century economic reporter that if he could expect the difficulty of refund, he would read the course introduction and refund notice carefully when purchasing the course. Buying courses on a mobile phone is convenient, but it's easy to ignore details, he concludes.

Qiu Baochang, member of the expert committee of China Consumers Association and director of Beijing Huijia law firm, analyzes that many online feeding platforms often negotiate smart phones, improve the signing and purchasing process, and the purchase process is specially designed and convenient, and the course introduction often has the advantage of preferential news and teachers. However, it has done a subtle evasion or concealment in the same aspect of showing consistency. \ \

has previously reported that online feeding platforms are often invested in millions of dollars to advertising sales. Ape's 2019 tiktok only reached 100 million yuan in advertising, adding online advertising to other advertising platforms, and only invested about 4-5 billion yuan in summer enrollment.

the 21st century economic reporter combed the financial performance of relevant listed companies. Among the K12 track teaching and training institutions that have already been listed, the cost of acquiring customers for cold and fake products has clearly increased year-on-year. Among them, haoyiri rose by 38%, learning from others rose by 86.6%, and Netease Youdao rose by 338%.

A lawyer who did not want to be named informed the 21st century economic reporter that if consumers encounter difficulties in refund, they would either complain to the 3.15 or the law enforcement department, or go to court.

However, these are all necessary costs, and many consumers are limited by the cost of time or money. Some online feeding platforms have grasped this probability problem He disclosed that during the epidemic, a large number of users switched from offline to online, and the number of online feeding users increased dramatically, resulting in a certain proportion of disputes in the outbreak.

virtual refund

on the complaint platform of dark cat, it is more popular for ape counseling and New Oriental online to refuse refund and cash on the ground of virtual currency recharge. For example, a user complained that she found that after deducting the cost of the first missing class and the cost of the teaching materials, she only returned 950 yuan of ape currency (the virtual currency obtained by ape tutoring) after deducting the cost of the missing first class and the cost of teaching materials.

In this regard, ape tutor said that \

after the three parties failed to deal with it, the complaint user made a complaint on the dark cat complaint platform. After that, ape counseling actively returned 923 yuan to its bank account.

also set up virtual currency recharge is online feeding platform operation help. Apple mobile phone users need to use \ The 21st century economic reporter carefully noted that many online feeding platforms like to play \


the state's regulation that \ Qiu Baochang also pointed out that the virtual currency recharged for consumption is actually consumable, which covers virtual goods and physical goods. No matter how the nature is defined in law, consumers should be cherished by the law on the protection of consumers' rights.

Dispute on

overlord clause

The 21st century economic reporter carefully pointed out that when setting up the limitations of the one-sided online feeding platform, the favorable wall often mainly refers to the platform side.

For example, for large-scale platforms, it is stipulated that they can pick out unconditional refund within a certain period of time, and after that, the consumed class fees must be deducted, but the deducted class fees are deducted according to the original price or higher price, rather than according to the original preferential price. This means that consumers tend to deduct more money.

Liu Chunquan thinks that it is necessary to analyze in detail whether the provisions on online nursing platform, such as tuition fees collected in advance, virtual currency not to be picked out, time limit of refund, high handling fee or penalty for breach of contract, etc. belong to \ \ Many organizations will set up their own terms for refund. If consumers are not happy with the service they purchased and want to refund, they must respect the agreement. If the liquidated damages, handling charges or tuition fees set up by the enterprise are too high, you can think of it as a hegemonic clause; if not, it depends on whether the consumer is willing to approve it. \ However, in Qiu Baochang's opinion, if the user's formulation is not open and opaque, and the content of the formulation involves conformity or invalidity, or the platform liability is exempted from the same reason, the consumer's responsibility is increased, and the consumer's rights are overturned, the provisions are indeed overlord, and they are invalid.

In the process of signing the agreement, the platform has the responsibility and burden to inform the consumers of the limitation terms, or to mark them in strange fonts such as adding dark. If the platform fails to fulfill the above burden in the process of signing the contract, the terms are invalid, and the consumers have the right to take the first protest against the overlord clause. \ As a matter of fact, whether it is the current compliance law or the civil code which has not yet been implemented, it is stipulated that the party who selects the standard terms shall abide by the principle of fairness to determine the rights and burdens between the parties, and take reasonable measures to select the clauses that require the other party to carefully exempt or limit its liability Clause.

Qiu Baochang pointed out that if the service quality of the online nursing platform is inconsistent with the original permission, the consumer has the right to claim to eliminate the conformity and request the other party to bear the liability for breach of contract. \ Author: Li Zhen, Luo Shuyun



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