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.
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.
No comments:
Post a Comment