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Is it the overlord clause that micro-loan can't repay the balance?
According to relevant regulations, if consumers need to protect their rights, they can choose from five ways: self-reconciliation, asking consumers' associations or other organizations for mediation, administrative complaints and arbitration. For ordinary consumers, the possibility of self-settlement is low, and arbitration requires both parties to reach an arbitration agreement. Although the people's court can be sued for finding the overlord clause invalid, the time span is relatively long. Operators shall not make unfair and unreasonable provisions to consumers in the form of format contracts, notices, statements, store notices, etc. , or reduce or exempt its civil liability for harming the legitimate rights and interests of consumers.
Format contracts, notices, reports, store notices, etc. Contains the listed content, and its content is invalid. If there is any dispute about the understanding of the standard terms, it shall be interpreted according to the usual understanding. If there are more than two interpretations of the standard terms, an interpretation that is unfavorable to the party providing the standard terms shall be made. If the standard terms are inconsistent with the non-standard terms, the non-standard terms shall be adopted. Depending on the seriousness of the case, the operator who uses the overlord clause shall be given a warning and fined less than three times the illegal income, but the maximum amount shall not exceed 30 thousand yuan. If there is no illegal income, a fine of less than 1 10,000 yuan shall be imposed.
Article 9 of the Measures for the Supervision and Handling of Contract Violations: If a business operator and a consumer conclude a contract with standard terms, the business operator shall not be exempted from the following responsibilities because of the standard terms:
(1) Liability for causing personal injury to consumers;
(two) the responsibility for the loss of consumer property caused by intentional or gross negligence;
(three) to undertake the guarantee responsibility for the goods or services provided according to law;
(four) the liability for breach of contract shall be borne according to law;
(5) Other responsibilities that should be undertaken according to law. Article 5 Market supervision and management departments at all levels shall supervise and handle contract violations according to law, combine investigation with guidance, combine punishment with education, implement administrative guidance, urge and guide the parties to conclude and perform contracts according to law, and safeguard national interests and social interests.
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