Legal basis: Article 496 of the Civil Code of People's Republic of China (PRC).
Standard clauses are clauses drawn up by the parties in advance for reuse, and they were not negotiated by both parties when concluding the contract.
Where a contract is concluded by standard terms, the party providing the standard terms shall follow the principle of fairness to determine the rights and obligations between the parties, and take reasonable measures such as exempting or lightening their responsibilities to remind the other party of the terms that have a significant interest in them, and explain the terms according to the requirements of the other party. If the party providing the standard terms fails to perform the obligation of prompting or explaining, so that the other party fails to pay attention to or understand the terms with which it has a significant interest, the other party may claim that the terms will not become the content of the contract.
"People's Republic of China (PRC) consumer protection law" article twenty-sixth.
When using standard clauses in business activities, business operators should draw consumers' attention to the contents that have significant interests with consumers, such as quantity and quality, price or cost, time limit and method of performance, safety precautions and risk warning, after-sales service, civil liability and so on. , and explain according to the requirements of consumers.
Operators shall not make unfair and unreasonable provisions to consumers, such as excluding or restricting consumers' rights, reducing or exempting operators' responsibilities, and aggravating consumers' responsibilities, by means of format clauses, notices, statements, shop notices, etc. , and shall not use format terms and use technical means to force transactions.
Format terms, notices, statements, shop notices, etc. If it contains the contents listed in the preceding paragraph, its contents are invalid.