The State Administration for Industry and Commerce has promulgated and implemented the "Measures for the Supervision and Treatment of Contractual Violations" for more than a year. There are still many businesses that "cheat the wind". A shopping mall in Haikou was infringed on consumer rights due to alleged use of the “overlord clause†during the promotion. It was fined 5,000 yuan by the Haikou City Administration of Industry and Commerce yesterday. However, in the face of this punishment, the merchant Mr. Li refused to sign the "Notice of Administrative Punishment".
It is understood that on September 28, 2011, the law enforcement officers of the Public Welfare Branch of Haikou City Administration of Industry and Commerce came to Haikou Longhua Yisheng Furniture Mall on the second floor of Huashen International Furniture Expo Center on Longhua West Road for inspection. The advertisement sign reads: "The final interpretation right belongs to the store" and other contents, and its behavior is suspected of violating the provisions of the "Measures for the Supervision and Treatment of Contractual Violations", and was subsequently investigated by the Haikou Industrial and Commercial Bureau. It was found that Mr. Li hanged six billboards in the pavement for promotional activities. The promotion time was from October 1st to October 8th, 2011. The billboards were marked with “solid wood furniture to make the bargain 1.8 meters solid wood. The bed is 1880 yuan, buy one get one free, the final interpretation right belongs to the store all" and so on.
The industry and commerce department believes that the “final interpretation right†is a tyrannical clause that is unilaterally set by the merchant in the trading activities, and violates the principle of fairness and reasonableness. The "Measures for the Supervision and Treatment of Contract Violations" officially implemented on October 13, 2010 stipulates that if the operator and the consumer enter into a contract using the format clause, the operator shall not exclude the consumer's right to interpret the format clause in the format clause. In the course of the investigation, since Mr. Li did not establish an investment account, the illegal income could not be calculated. On December 5, the Public Welfare Branch of Haikou City Administration for Industry and Commerce delivered the “Notice of Administrative Punishment†to the party Mr. Li. According to the "Measures for the Supervision and Treatment of Contractual Violations", the bureau ordered the parties to immediately stop the illegal acts and fined 5,000 yuan. Unexpectedly, when the law enforcement officer sent the "Notice of Administrative Punishment" to the owner of the store yesterday, Mr. Li refused to sign the notice of punishment.
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