Avoid Unfair Contract Terms – Please Keep This Reminder

This article is reprinted from Zhengzhou Daily

News from our newspaper: (Reporter Li Aiqin) Standard terms are commonly found in bank account opening contracts, insurance policies, education and training contracts, travel agreements, and housing rental contracts. However, since these are drafted and provided unilaterally by merchants, there is still a risk of unfair standard terms. Recently, the Provincial Market Supervision Bureau reminded consumers to be aware of how to identify and prevent such unfair clauses.

The Provincial Market Supervision Bureau reminds that standard terms should have the following three characteristics: they are for repeated use, provided by the party to improve transaction efficiency by using pre-drafted contract texts to avoid negotiating each contract individually with numerous consumers; they are pre-drafted, meaning the provider unilaterally prepares the terms, either by drafting themselves or using sample texts; and they are not negotiated with the other party, which is the most essential feature of standard terms, as they are created unilaterally by the provider without consultation.

The bureau advises that to avoid unfair standard terms, consumers should fully understand the operator’s qualifications, credit status, and reputation before signing contracts, and enhance their risk awareness. Before signing a standard contract, carefully read the relevant clauses and sign cautiously. If you find any typical unfair clauses, you have the right to request the other party to modify them. For unclear content, ask the other party for an explanation.

Additionally, collect relevant evidence such as order information, transaction receipts, chat records, and screenshots of agreements to prove the merchant’s illegal behavior.

In case of disputes, first try to resolve the issue through negotiation with the merchant. If negotiations fail, you can file a complaint with the local Consumer Association. If the issue remains unresolved, legal channels such as arbitration or litigation can be pursued.