This week, organized by the Alibaba Group hosted the cloud of the General Assembly was tyrants of the trend, for several days to occupy a number of technology media headlines. On the other side, hundreds of days of cat business gathered in Hangzhou, the headquarters of Ali, but not for the cloud habitat site, but for their own rights, to discuss to be repaid. Recently, the blue whale TMT received broke the news that due to Tianyu Mall renewal assessment standard published too late, and the lamb for the standard changes failed to timely and comprehensive notice of the business, resulting in more than a thousand days cat shop from 2018 Year has been forced to retire.
Blue Whale TMT Reporter | Li Xiaohuan
Seeing the withdrawal time gradually approaching, in order to find a solution to the path, hundreds of days cat business gathered in the headquarters of Ali to discuss.
More than a thousand days cat shop suddenly received a notice of withdrawal, 2018 will be forced to retire
According to the blue whale TMT understand that in September this year, the day cat mall notice more than a thousand days cat shop, because the shop dynamic score failed to meet the 2018 Lynx Mall renewal assessment criteria, Lynx will no longer with the above more than a thousand days Cat shop to renew the cooperation agreement; December 31, 2017, all the shops will be forced to retire, lost Lynx Mall business qualifications.
One of the days received this notice of the lynx shop responsible person Mr. Ann on the blue whale TMT revealed that in previous years, the day cat Mall is given the renewal of the standard business assessment 7,8,9 three months dynamic score, including the seller Cargo speed, seller service attitude, description of the goods in line with the three assessment content, the day cat in July each year will be a dynamic score of the data kanban to facilitate the business at any time to monitor their own ratings.
but this year's renewal of the examination rules changed, the assessment time from October 1, 2016 to September 30, 2017, and should be published in October last year, the data board until July this year began to publicize, the whole late nine Month. "said Mr. An, it is understood that many days cat shop did not receive notice of the day cat Mall, but also no known, so that after notice was late, passive loss of rectification and renewal of qualifications.
From the number and size of the affected businessmen, Mr. An said that the current spontaneous organization of the rights of the day cat shop has set up two rights groups, the current total number of about 300 people, the number is still growing. "Even the annual turnover of more than 30 million have not been involved, the total amount involved will not be less than 20 billion. & rdquo;
Hundreds of businesses gathered in the headquarters of the joint application of Ali, Lynx will be carefully considered to deal with the matter
According to Mr. An said, in order to find a solution to the path, hundreds of days cat businessmen in the near rushed to Hangzhou, gathered in the Arab headquarters to discuss.
At the same time, hundreds of business leaders on October 11 to Ali issued a joint application letter, in the basic situation and the main issues, the incident caused serious consequences, to Ali made a joint appeal and commitment, pleading days The cat can be renewed with the merchant.
Ali admitted that the data billboard should be on October 1 last year, should not be out in July this year, but Ali does not admit that he did not fulfill the obligation to inform, and now also do not communicate to deal with the results. "Mr. An said.
After several days of communication and consultation, the matter has been the latest progress. According to the days of cat business representatives feedback, Ali senior said, will now carefully consider the DSR does not meet the situation, and will be given by October 25 results.
Lawyer point of view
Beijing security law firm senior partner Li Shu lawyers on the blue whale TMT reporter said that the current disputes are more. However, there is no separate regulation of the law of the relationship between the business platform and the merchant. The adjustment of the relationship between the service provider and the merchant's rights and obligations is more dependent on the contract concluded by both parties. Therefore, the rights, obligations and responsibilities between the day cat and the business division in addition to the basic provisions of the law, mainly based on business online account and Lynx signed a contract or agreement to divide. In similar disputes, should focus on the days of cat and business contract terms, the contract period, termination and renewal and so on.
Li Shu pointed out that such disputes need to pay attention to the terms of the format, according to the "Contract Law" provides that the use of format terms of the contract, the provision of the terms of the parties should follow the principle of fairness to determine the rights and obligations between the parties, and take reasonable Of the terms of the other party to pay attention to the terms of the exemption or restrictions on their duties, in accordance with the requirements of the other party, to explain the terms. Therefore, the corresponding contract in this article, the renewal of the conditions and assessment criteria such as the adjustment and changes in the impact of business interests such as relatively large key terms, the day cat platform as a provider of the terms of the agreement, the obligation to provide reasonable reminder to the business , Generally should be bold, underlined and other eye-catching way to remind businesses attention. At the same time, also need to pay attention to notice, if the revision, the rights and obligations of the adjustment and other important matters, generally through the station letter or a small group of two e-mail or SMS and other contract agreed to reach the business.
Li Shu lawyer said that under the "Contract Law" provides that the provisions of the terms of a party to remove their responsibilities, increase the other party's responsibility to exclude the other party's main rights, the terms are invalid. Therefore, if the merchant and the lamb signed a contract if there is a similar clause, it may be invalid. Accordingly, if the day cat as a rule-making party, half-way free to adjust the rules, businesses in the normal course of normal business process changes in the lack of expectations, then even if the day cat will remind and notice no matter how good, businesses can not be remedied Terms and conditions shall not be binding on the business.
In addition, Li Shu lawyers suggested that such disputes in the business should pay attention to collect and save and ask the professional lawyers to study with the days of the parties to establish all the contract and related evidence, if the days of cat provided in the format of the contract is invalid, If there is any unauthorized change of agreement, breach or failure to fully perform the obligations, etc., the merchant has the right to require the day cat to perform and bear the corresponding responsibility, if blindly consider the reason and loss and not objectively examine the corresponding agreement agreement and evidence, The proposition will eventually not be supported by the law.