When both parties conclude a contract, if one party commits fraud or major misunderstanding, the defrauded party and the actor may request the people's court to cancel the contract. Operators shall not make unfair and unreasonable provisions to consumers, such as excluding or restricting consumers' rights, reducing or exempting operators' responsibilities, and aggravating consumers' responsibilities, by means of format clauses, notices, statements, shop notices, etc. , and shall not use format terms and use technical means to force transactions. Format terms, notices, statements, shop notices, etc. If it contains the contents listed in the preceding paragraph, its contents are invalid.
Law of People's Republic of China (PRC) on the Protection of Consumers' Rights and Interests Article 16 When providing commodities or services to consumers, business operators shall perform their obligations in accordance with the provisions of this Law and other relevant laws and regulations.
If there is an agreement between the operator and the consumer, they shall perform their obligations in accordance with the agreement, but the agreement between the two parties shall not violate the provisions of laws and regulations.
When providing commodities or services to consumers, business operators shall abide by social morality, be honest and trustworthy, and protect the legitimate rights and interests of consumers; Unfair and unreasonable trading conditions shall not be set, and trading shall not be forced.
Article 24 If the goods or services provided by business operators do not meet the quality requirements, consumers may return them in accordance with the provisions of the state and the agreement of the parties concerned, or require business operators to fulfill the obligations of replacement and repair. If there is no state regulation and agreement between the parties, consumers can return the goods within seven days from the date of receipt; After seven days, consumers who meet the statutory conditions for terminating the contract can return the goods in time. If it does not meet the statutory conditions for terminating the contract, it may require the operator to fulfill the obligations of replacement and repair.
Where goods are returned, replaced or repaired in accordance with the provisions of the preceding paragraph, the business operator shall bear the necessary expenses such as transportation.
Article 26 When using standard clauses in business activities, business operators should draw consumers' attention to the quantity and quality, price or cost, time limit and method of performance, safety precautions and risk warning, after-sales service, civil liability and other matters related to consumers' vital interests, and explain them according to consumers' requirements.
Operators shall not make unfair and unreasonable provisions to consumers, such as excluding or restricting consumers' rights, reducing or exempting operators' responsibilities, and aggravating consumers' responsibilities, by means of format clauses, notices, statements, shop notices, etc. , and shall not use format terms and use technical means to force transactions.
Format terms, notices, statements, shop notices, etc. If it contains the contents listed in the preceding paragraph, its contents are invalid.