Standard clauses are clauses drawn up by the parties in advance for reuse, and they were not negotiated by both parties when concluding the contract.
Where a contract is concluded by standard terms, the party providing the standard terms shall follow the principle of fairness to determine the rights and obligations between the parties, and take reasonable measures such as exempting or lightening their responsibilities to remind the other party of the terms that have a significant interest in them, and explain the terms according to the requirements of the other party. If the party providing the standard terms fails to fulfill its obligation to prompt or explain, so that the other party fails to pay attention to or understand the terms that have a significant interest in it, the other party may claim that the terms will not become the content of the contract.
When providing commodities or services to consumers, business operators shall perform their obligations in accordance with 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.
When using standard clauses in business activities, business operators should draw consumers' attention to the contents that have significant interests with consumers, such as quantity and quality, price or cost, time limit and method of performance, safety precautions and risk warning, after-sales service, civil liability and so on. , and explain according to the requirements of consumers.
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.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 497
In any of the following circumstances, the format clause is invalid:
(1) The provisions of Section 3 of Chapter VI in Part I of this Law and Article 506 are invalid;
(2) The party providing the standard terms unreasonably exempts or lightens its responsibilities, aggravates the responsibilities of the other party or restricts the main rights of the other party;
(3) The party providing the standard terms excludes the other party's main rights.