Will you check the car purchase contract and agreement carefully? In the face of lengthy and complicated terms, many consumers worry, and the "hidden" unfair format terms have also caused many consumer disputes Recently, Jiangsu Consumer Protection Commission launched an unfair standard terms review activity in the field of new energy vehicles. Let's also take a look at the "pits" in the agreement.
Overlord clause! "Xiaopeng car" was punished
Recently, Jiangsu Consumer Protection Commission launched an unfair standard terms review activity in the field of new energy vehicles. Let's also take a look at the "pits" in the agreement.
Survey sample:
Involving 47 agreements of 14 new energy vehicle enterprises, Jiangsu Consumer Protection Commission sorted out 15 unfair standard terms in 10 aspects.
In general:
The agreements of 14 new energy vehicle enterprises are generally divided into two parts: User Agreement and privacy policy. Agreements generally have a large number of pages, often thousands of words. For example:
BYD Auto app privacy policy
Maximum number of words (20803 words)
The provisions on inequality are mainly reflected as follows:
01
The trading partner of the agreement is unknown
Damage to consumers' right to know
Most agreements specify the name of the vehicle enterprise and are a single entity, but:
A total of 6 companies, including jikrypton, Geely, ideal, Weilai, Weima and Xiaopeng, wrote the affiliated enterprises or third parties involved in the service as the parties to the agreement, but did not list the names of the parties;
SAIC GM Wuling and Tesla only use abbreviations.
give an example
Geely Automobile user agreement: Geely Automobile and its affiliates
02
There is no restriction on the unilateral modification right of vehicle enterprises
Infringement of consumers' right of independent choice and fair trade
Changan, great wall, GAC AIAN, Jihu, Geely, SAIC GM Wuling, Tesla, Weima and Xiaopeng have set up the unilateral modification right of automobile enterprises in the agreement, exempted from the obligation to notify consumers separately, and there are no restrictions on the principle and purpose of unilateral modification.
When car companies modify the user agreement, consumers can neither understand the modified content in advance nor negotiate the modified content. They must also accept the modified content, otherwise they will be asked to withdraw from use.
give an example
03
The exemption clause of car enterprises is too wide
Increase the responsibilities and obligations of consumers
The innovation of new energy vehicles is not only reflected in the power source, but also provides more and better services for car owners based on the Internet. Therefore, enterprises should not only ensure the quality and performance of the vehicle itself, but also take responsibility for service content, network security and product quality.
However, the exemption clauses of BYD, Chang'an, great wall, gac-e'an, Jihu, jikrypton, ideal, SAIC GM Wuling, Weima and Xiaopeng are too broad, including the exemption clauses for the termination of all service contents, the exemption clauses for network security vulnerabilities and the exemption clauses for product and service risks.
give an example
Weima user agreement:
04
The collection of personal information is not standardized, and consumers are required to give general consent
At present, there are a large number of cases of non-standard collection of personal information in the agreement:
❶ is a violation of the principle of no collection by default. Tesla and Xiaopeng take "collection by default" as the principle in the agreement;
❷ it is obviously unnecessary to collect personal information. The detailed list of communication records, contact list of friends, schedule information, property information, online records, common equipment information and other contents collected in the agreement terms of BYD, GAC AIAN, Jihu, Chery, SAIC GM Wuling and Weima are suspected of collecting information beyond the necessary scope.
give an example
05
Improper use of personal information and lack of personal information protection of consumers
Some agreements do not comply with the principles of voluntary authorization, due necessity and information security.
❶ is that the use of personal information is suspected of excessive commercialization. The agreement of BYD, Chang'an, gac-e'an, krypton, Geely, Chery and Tesla stipulates that car enterprises can form user portraits and display and push goods or services to users through the collected user information. The agreement of Chang'an stipulates that car enterprises can make commercial use of user databases.
❷ there is no separate consent for personal information to leave the country. The personal information protection law stipulates that personal information should not leave the country in principle. If it is provided to overseas recipients, they should inform the relevant information and obtain the individual's separate consent. However, the agreements of BYD, great wall, Geely and Tesla directly contain provisions that may be shared abroad.
give an example
06
The agreed response time is too long to meet the actual needs of consumers
❶ the query response is not timely. According to the relevant provisions of the personal information protection law, the storage time of vehicle location and trajectory related data collected by Internet connected vehicles in the vehicle storage device and remote information service platform (TSP) shall not exceed 7 days. These data are only kept for 7 days, while the time limit for BYD, great wall, Jihu, jikrypton, ideal, Chery and Xiaopeng to reply to users' requests for viewing and copying their personal information is 15 to 30 days. Consumers may not be able to copy these information due to the delay of automobile enterprises' reply.
❷ the deletion of personal information is not timely, and the deletion of personal information of automobile data has been clearly standardized. According to the provisions on safety management of automobile data (Trial), if an individual requests to delete, the automobile data processor shall delete it within 10 working days. However, some agreements were not deleted in time, including BYD, ideal and Weima, which were unable to delete the terms within the specified time limit in accordance with the legal requirements.
give an example
Privacy policy on the official website of Great Wall Motors: we will reply to your request within 30 working days or within the time limit specified by laws and regulations.
07
Linking third-party value-added services does not provide any guarantee
New energy vehicle enterprises hope to provide users with third-party value-added services through on-board software or relevant websites. This is actually the role of the online trading platform, but it declares that it is not responsible for the third-party service content. Such terms obviously have unequal rights and obligations. Changan, Jihu, jikrypton, Geely, ideal, SAIC GM Wuling, Tesla, Weima and Xiaopeng all have similar agreements.
give an example
08
Publishing a work by a user is a broad authorization and damages the user's intellectual property rights
The intellectual property rights of automobile enterprises should be protected, and the intellectual property rights of users should also be respected. The agreements of BYD, great wall, GAC AIAN, Jihu, jikrypton, ideal, Chery, SAIC GM Wuling and Xiaopeng are regarded as authorizing the unrestricted use of automobile enterprises only because users publish their works through on-board software or relevant websites, which is detrimental to users' intellectual property rights.
give an example
09
The agreed jurisdiction only considers that car enterprises increase the cost of protecting consumers' rights
The survey found that all 14 enterprises determine the jurisdiction court or arbitration through the format contract formulated unilaterally, and the selected jurisdiction court or arbitration is the location of the vehicle enterprise, which is not determined through consultation with consumers, which substantially limits consumers' choice and increases the cost of protecting consumers' rights.
give an example
10
Increasing the burden of consumers and related persons without legal basis
According to the civil code, both parties to the contract shall be liable for breach of contract to the other party for their own breach of contract. However, the agreements of gac-ea and Weilai exempt themselves from their responsibilities by agreement, limit consumers' rights to raise objections and modify terms, increase consumers' burden, and even increase the burden of third parties outside the contract.
give an example
In addition, most enterprises do not pay attention to the problem of standard terms, and some enterprises need to be improved in terms of agreement policy update, notice publicity, agreement perfection and so on. In view of the problems found in this investigation, Jiangsu Consumer Protection Commission will perform its supervision duties and carry out interviews in accordance with the law.
