Joined the contract to be vigilant trap

A few days ago, Zhang told reporters joined to reflect, leather Co., Ltd in Beijing on the Korean version of fashionable women packets there are serious problems of quality products and after-sales issue. Zhang told reporters that his TV ads, the company was informed that the Korean version of the stylish woman joined packet of information, after which the company conducted the inspection. During the inspection, he feels relatively complete product styles, a salesman in the "warm" reception, in general read the contract after the word notes. In the signature process, the company does not allow him carefully study the contract, and will not allow him to join the contract back to consult professional legal persons.

According to Zhang, the contract only provides for a defective leather handbags for the proportion of the swap, but the company did not provide the quality leather handbags how to deal with the problem, and the passing rate products and products related to other issues, but almost To all the responsibilities imposed on the franchisee, to remove a clean corporate responsibility.






Zhang disclosed that after the commencement of the contract, the company has not issued his formal invoice, also did not give a reasonable explanation, the only issue a receipt to be replaced.

In the subsequent operation, Zhang received the goods are substandard or Canci goods. After that, Zhang joined the company on this matter with a number of consultations, but always failed.

An interview with reporters on the matter in Beijing Zhicheng Law Firm lawyer Yong-Feng Wang, he told reporters that from a legal point of view of the matter is a franchise areas. Yong-Feng Wang explained that the franchise as a form of modern marketing, for its unique operating mechanism has demonstrated strong vitality, it is not only a further expansion of the scale enterprises means more access to high-yield business is a major shortcut. However, due to the special franchise marketing decision of the franchisor and the franchisee asymmetric information, as opposed to "concession", the franchisee (the franchisees) in a weak position. Therefore, joining in on the road of success, but also into the trap of the franchise, joining a franchise exposed in the course of the legal issues also increase. At present, China's adjustment of the franchise laws and regulations are: "Commercial Franchise Management Ordinance" and supporting the "business franchise record management approach", "commercial franchise disclosure of information management methods."

Yong-Feng Wang of the franchise contract is a civil contract, the contract status of the two sides are equal. But in reality, compared to the concession people, who often joined in a passive position and vulnerable position. Zhang reflected in the signing of the contract, the company does not allow him carefully study the contract, he will be allowed to join the contract back to consult professional legal analysis, it is the concession operators, such as the use of information not to the advantage, first signed with Zhang Join the contract, resulting in unequal rights and obligations of the contract, the imbalance so that the people joining in a passive position. Therefore, to join in signing contracts to join an "Xin Yan."

Yong-Feng Wang recalled that, in order to solve these problems, people need to join in signing the contract carefully before joining study the relevant laws, such as joining, the franchise deliberately evade their obligations, that the franchise business credit deficiencies exist, to be carefully chosen . As has been joined in signing the franchise contract and found that the contract is not clear, according to "People's Republic of contract law," Article 61: "After the entry into force of the contract, the parties on the quality, price or reward, not content to the location agreement Or agreed not clear, deliberate agreement supplement can not reach a supplementary agreement, in accordance with the relevant provisions of the contract or transaction identified habits. "And Article 62:" the parties agreed on the contents of the contract is not clear, in accordance with Article 61 of this Law Provisions are still not sure of, the following provisions apply: quality requirements not clear, according to state standards, industry-standard performance, no national standards, industry standards, in accordance with the usual standards or comply with the specific purpose of the contract performance standards and performing a period not clear. Can discharge the debtor, creditors can also be called upon at any time, but should give each other the necessary time to prepare. "Contractual terms agreed to resolve the problem of unknown.

Piza two car one night, how do I claim

Mr. Mao You Dianfan the past two days, his car parked in Humen Bo Mei Village Lane 9 and 10 the middle lane, did not expect the day before yesterday evening, the two were upstairs "flying" to the beer bottles smashed the windscreen. Mr. Mao looking for discarded bottles of Nadong four floors of households claim, but no one recognized. In many representations the cancellation of circumstances, Mr. Mao yesterday called the police, saying that if the police can not search the perpetrators, he was prepared to entire floor of tenants claim.






Owners: two depressed one night Piza

Yesterday morning, the reporters came to the Humen Town, Bo Mei Village Lane 9. Mr. Mao saw the car Chery QQ car windscreen Piza two large holes, the entire windshield with a spider's web, Chepang has a pile of beer bottles scattered the debris.

Mr. Mao, pointing to the pile of beer bottles debris, the day before yesterday evening he had to order Bo Mei Village of complaints over the team, captain of law and order into the suspected loss Nadong the floor, beer bottles, but Meirenlihui knock on the door, and used from the fourth floor The number of beer bottles and broken glass bottles on the floor of the same code, no one is willing to admit.

Mr. Mao Zhouliao Zhou Mei Tou said: "on the 15th to the evening at 7:30 on the 16th, my car Piza twice. I have not formed and hatred of others, I live in rented rooms next to, in order to do business, Have to buy a car, but also for the purchase of a car outside except glass insurance for all insurance, did not expect the glass gives Zale, is Feilaihenghuo. "

Anyone who might have witnessed: flying bottle in my poor click

In the spot, the reporter also saw the three children in the next play, one of the 8-year-old girl said Huang Xing, yesterday morning, playing next to her in the car and suddenly heard "Kuanglang" A broken ring with a beer bottle From a height , almost on Zadao her when she did Bansi, unexpectedly just over a few minutes, upstairs and fly under a beer bottle, is not impartial ramps car landed on the glass, "Huala," the four glass Splash, the difference in the click of her, she hastened to house.

Counsel: entire floor of tenants to bring a claim

Guangdong where legislation law firm lawyers YUAN Yun Fu, Mr. Mao's car parked in the front of the building, they were upstairs flying beer bottle smashed the car glass, if the police did not give conclusions, did not identify the perpetrators of the relevant , In accordance with the relevant provisions of the law, the building of all tenants must be given strong evidence to prove that they did not have the opportunity to implement such acts can only exemption, it should undertake corresponding jointly and severally liable.