With the improvement of consumer rights and interests, more and more people have begun to pay attention to whether the merchant regulations contain overlord clauses. Among them, whether the provision that merchants clearly mark "it is strictly forbidden to bring their own alcohol" in the store has legal effect has become a common concern of consumers. This article will analyze the relevant laws, regulations and cases to determine whether this provision has legal effect.
1. Analysis of laws and regulations.
According to the provisions of the Consumer Rights and Interests Protection of the People's Republic of China**, consumers enjoy the right to make their own choices and the right to fair trade when purchasing goods or receiving services. This means that consumers can choose to bring their own alcohol to the merchant for consumption, and the merchant may not restrict or deny the consumer's choice in any way. In addition, the Contract Law of the People's Republic of China also stipulates that the terms of the contract shall follow the principles of fairness, justice and reasonableness, and shall not violate laws and regulations, public order and good customs. Therefore, if the merchant explicitly prohibits consumers from bringing their own alcohol in the in-store rules, such a provision is clearly in violation of laws and regulations and should be deemed invalid.
2. Case analysis.
In practice, there are also many cases of disputes regarding bringing your own alcohol. One of the more typical cases is a case that occurred in Nanjing, Jiangsu Province in 2017. In this case, a dispute arose between the consumer and the merchant because the merchant refused to bring his own alcohol, and the consumer finally defended his rights and interests through legal channels. During the trial, the court held that the prohibition of bringing their own alcohol violated laws and regulations and public order and good customs, so it ruled against the merchant and demanded that the merchant compensate the consumer for the loss. This case fully illustrates that the prohibition of merchants from bringing their own alcohol has no legal effect.
III. Conclusion. In summary, the merchant's explicit prohibition of bringing your own alcohol in the store rules has no legal effect. Consumers have the right to make their own choices and the right to fair trade when purchasing goods or receiving services, and merchants shall not restrict or reject consumers' choices in any form. If a consumer has a dispute due to the refusal of the merchant to bring his own alcohol, he can protect his rights and interests through legal channels. At the same time, the regulatory authorities should also strengthen the supervision of merchants, and severely crack down on overlord clauses that violate laws and regulations and public order and good customs, so as to protect the legitimate rights and interests of consumers.
In order to protect the legitimate rights and interests of consumers, merchants should respect consumers' right to choose and fair trade. In the process of operation, businesses should be based on good faith, abide by laws and regulations and public order and good customs, and shall not restrict or reject consumers' choices in any form. At the same time, the regulatory authorities should also strengthen the supervision of merchants, and severely crack down on overlord clauses that violate laws and regulations and public order and good customs, so as to protect the legitimate rights and interests of consumers. Only in this way can we create a fair, just, reasonable and transparent consumption environment and promote the healthy development of the market.