to buy fake Taobao Tmall need to go to Hangzhou Court: in the consumer residence
[TechWeb] reported on March 17th news, according to media reports, a Beijing consumers to buy food quality problems in Tmall, Tmall and shop sued to Beijing Haidian District court, but Tmall to "service agreement" agreement in the grounds of the jurisdiction objection is that the case should be transferred to the Hangzhou city of Zhejiang Province Yuhang District People’s court.
raised objection to the jurisdiction of the reason is that all consumers must be registered Taobao account in Tmall shopping, registered Taobao account will display the "Taobao service agreement", consumers need to click "accept and register", in order to register the account. In the "Taobao service agreement" in the following agreement: "you and Taobao platform operators are agreed to the defendant’s domicile to the court of first instance jurisdiction of the court". Therefore, consumers sued Taobao, Tmall need to court in Hangzhou.
Haidian court finds that Tmall proposed the jurisdiction objection is invalid, reason is the user registration Taobao account, the direct default "Taobao service agreement" of the content to be recognized, click on this option, "agreement" content is not expressly. "Taobao service agreement" content, "agreement jurisdiction" clause mixed with a lot of information.
court according to the "Civil Procedure Law" in the "take reasonable way to draw the attention of consumers" explains that the jurisdiction agreement Tmall company to provide the above way, did not meet the above criteria, consumers can not understand the relevant information clearly.
at the same time, the Haidian court also according to the "contract law" provides the standard clauses from its responsibilities, increasing their responsibilities, mainly the right to exclude each other, the provision is invalid, that if the "Taobao service agreement" under the jurisdiction clause, consumers need the extra burden than commodity prices obviously too high travel costs and the cost of time, is likely to hinder the reasonable demands of consumers rights.
in addition, the judge said, according to the "Civil Procedure Law" interpretation twentieth regulations "concluded in the contract for the sale of information network, by other means of delivery, receipt for contracts", in this case the contract for the sale of goods in Haidian District for the home, it can be sued in Haidian District court.
thus, the Haidian court rejected Tmall’s jurisdiction objection. As of now, Tmall has not yet said whether to appeal. (Ming Yu)