Traditional Culture Encyclopedia - Photography major - If JD.COM signed an exemption agreement, wouldn't he pay?
If JD.COM signed an exemption agreement, wouldn't he pay?
Just because JD.COM signed an exemption agreement doesn't mean that JD.COM won't pay. Exemption agreement is a kind of contract terms, which is used to stipulate the responsibilities and obligations of both parties under specific circumstances. However, this does not mean that JD.COM can be completely exempted from its liability for compensation.
When signing an exemption agreement, both parties should make clear the scope and restrictions of the agreement. If JD.COM violates the exemption agreement during the performance of the contract, or causes losses or damages for other reasons, JD.COM may still be liable for compensation.
Therefore, even if JD.COM signed an exemption agreement, if there is any breach of contract or other misconduct, JD.COM still needs to bear the corresponding liability for compensation.
I. Definition and scope of exemption agreement
Exemption agreement is a kind of contract terms, which is used to stipulate the responsibilities and obligations of both parties under specific circumstances. When signing an exemption agreement, both parties should make clear the scope and restrictions of the agreement, so as to clarify their respective responsibilities and obligations in case of disputes.
Second, JD. The liability of COM
After signing the exemption agreement, if JD.COM violates the provisions of the exemption agreement during the performance of the contract, or causes losses or damages for other reasons, JD.COM will still be liable for compensation. This includes, but is not limited to, commodity quality problems, delayed delivery, and inadequate after-sales service.
Third, exempt from the restrictions of the agreement
Although the exemption agreement can stipulate the responsibilities and obligations of both parties under certain circumstances, it does not mean that JD.COM can be completely exempted from its liability for compensation. If JD. COM's behavior violates relevant laws and regulations or public morals, or there are other improper behaviors, JD.COM still needs to bear the corresponding legal responsibilities.
To sum up:
Just because JD.COM signed an exemption agreement doesn't mean that JD.COM won't pay. When signing an exemption agreement, both parties should make clear the scope and restrictions of the agreement. If JD.COM violates the exemption agreement during the performance of the contract, or causes losses or damages for other reasons, JD.COM will still be liable for compensation. At the same time, the limitation of the exemption agreement also stipulates that JD.COM cannot be completely exempted from its liability for compensation. Therefore, when purchasing goods or using services, consumers should pay attention to the terms of the contract and the contents of the exemption agreement signed with JD.COM, so as to clarify their respective responsibilities and obligations in case of disputes.
Legal basis:
Article 107 of the Contract Law of People's Republic of China (PRC) stipulates: "If a party fails to perform its contractual obligations or fails to perform its contractual obligations, it shall bear the liabilities for breach of contract such as continuing to perform, taking remedial measures or compensating for losses."
Article 55 of the Law of People's Republic of China (PRC) on the Protection of Consumers' Rights and Interests stipulates: "If an operator commits fraud in providing goods or services, it shall increase the compensation for the losses it has suffered according to the requirements of consumers, and the amount of compensation shall be three times the price of the goods purchased or the cost of receiving services; If the amount of additional compensation is less than that of 500 yuan, it shall be 500 yuan. If there are other provisions in the law, those provisions shall prevail. "
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