"7th no reason returns" the implementation of three months why consumers are still frustrated

Absrtact: March 15 This year, the implementation of the new revised "Consumer Rights Protection Act" gives consumers 7th no reason to return the right. It has been 3 months since the law came into effect and many consumers have been frustrated in exercising this right. In response to 7th, no reason to return complaints surge of society

The new revised Consumer Rights Protection Act of March 15 this year gives consumers the right to "return for no reason on 7th". It has been 3 months since the law came into effect and many consumers have been frustrated in exercising this right.

In response to the 7th, no reason to return complaints surge of social hot issues, the State Administration for Industry and Commerce and China's consumer association 10th jointly interviewed Alibaba, Jingdong Mall and other 10 electric business enterprises.

The electric dealer expands "refuses to return" product scope arbitrarily

According to the new "law", operators use the network, television, telephone, mail order and other means of selling goods, consumers have the right to return from the date of receipt of goods within 7th, and do not need to explain the reasons. This is the consumer to exercise the 7th legal basis for no reason returns.

At the same time, the new "Elimination Law" on 7th for no reason to return the application of goods to make exceptions: consumer-made, fresh and perishable, online download or consumer-opened audio and video products, computer software and other digital goods, as well as the delivery of newspapers and periodicals. In addition to these 4 categories of goods, other goods in accordance with the nature of the commodity and consumers at the time of purchase to confirm that the goods should not be returned, does not apply for no reason returns, and stipulates that consumers return goods should be intact.

Because the community of the new "Elimination law" 7th no reason to return the provisions of the scope of application and the specific implementation of the standards exist different understanding, consumers and operators have disputes between the consumer complaints become a hot spot. According to the electric business platform more concentrated Beijing, Shanghai, Nanjing, Hangzhou, Guangzhou Five Cities 12315 Center to accept the network shopping demand analysis, since March 15, five cities to accept 27,000 consumer network shopping claims, involving "7th no reason to return" complaints accounted for and the new "elimination Law" related to the total number of complaints 53.69%, The number of complaints in front of the goods include: mobile phone digital, home appliances and computers and accessories.

In the face of seven days of no reason to return the provisions of the major network shopping platform has been introduced in accordance with their own business projects to formulate the corresponding return policy.

Open the 1th shop shopping platform, the return policy in addition to the new "elimination Law" in the provisions of the 4 categories of goods, it also includes edible commodities (e.g. food, health products, beverages, pharmaceuticals, alcohol, powdered milk, infant supplement), precious commodities (e.g. diamonds, precious metals, watches, jewellery, etc.), personal care, Virtual goods, such as the five major categories of goods do not apply 7th for no reason to return.

And the Cat label does not support the 7th no reason to return the category more, including special hotels, holiday lines, film, decoration design, jewelry, alcohol, drugs, takeout, such as more than 30 categories.

In addition to arbitrarily expanding the exemption clause of 7th for unjustified returns, state administration of industry and Commerce, the Secretary for consumer rights and interests Yang Hongzhan pointed out that the electrical industry in the implementation of the "7th no reason to return" the relevant provisions of the general existence of three problems: one is not applicable to "no reason returns" of the merchandise is not marked, shopping process in the absence of a one-to-one confirmation Lead to consumers to buy confusion, the consumer to the electric business enterprise unilaterally made the explanation is not recognized; the second is to "goods intact" equivalent to "do not affect two sales", the return standard is too harsh, resulting in a long period of customer return processing, low efficiency, returns and disputes more Third, some shop operators for various reasons not to fulfill the obligation of no reason to return, the Third-party platform has not fulfilled the management responsibility.

"7th no reason to return" How to understand?

About which goods do not apply 7th no reason to return, the new "elimination law" gave a clear expression, but because of "unfavorable return" lack of judgment standards, the electrical business understanding is not the same.

"Taking into account the safety and health factors, the cat platform will be food, medicine, clothing included in the 7th does not apply for a return range of goods without reason." "Alibaba (China) Network Technology Co., Ltd. Group vice President Yousei said, for some with investment, the value of the collection of goods, or short-term price fluctuations in larger commodities, due to the exchange of goods after the authenticity of the identification is more difficult, commodity price fluctuations on the seller's impact, the platform temporarily does not support 7th return for no reason.

Jialibing, vice president of Guangzhou only product Information Technology Co., LTD 7th no reason to return the new rules also bring us some trouble, such as the consumer purchase after the 7th request for no reason to return, but will buy from the original goods will be purchased from the original switch for the simulation, such a malicious return so that the loss of many businesses. ”

"7th no reason to return the legislative intent is not to encourage consumers to buy online returns, but to create a more comfortable and reassuring consumer environment." The operator set up a restricted product must be stated that the nature of the goods should not be returned to the reasons, should not arbitrarily expand the scope of the product limit. "Yang Hongzhan that this system protects the consumer's" right to regret ", in the remote shopping, consumers can not be satisfied with the return, no reason to return is not equal to the quality of goods returned.

Beijing Hui Jia Law firm Chu Baochang Lawyers believe that 7th no reason to return the scope of application should be commodity nature as the main standard, and through publicity, to obtain consumer recognition, rather than to the sales will bring much impact for the standard.

In addition to the scope of the dispute, the commodity "good" standards, business and consumer opinion is not uniform. For example, the packaging demolition of goods damaged, clothing cap tag cut off, can be used for no reason to return?

"Some sellers stipulate that the original packaging has not been opened, how can consumers know that they want the product?" "Yang Hongzhan that the consumer returns involved in the" good merchandise "should include the consumer for inspection, trial products and opened the case, as long as the consumer is not the cause of the obvious derogatory value, belong to the" goods intact. "

"Penalties for violations of consumer rights and interests" will be introduced

Interview, Yang Hongzhan to participate in the electric Business Enterprise "chapters": First, in addition to the legal exclusion of the case, for the exclusion of 7th, no reason to return the goods have to explain the reasons, clearly marked, why not apply the reason to be reasonable, legitimate, marking to fall to each specific commodity, in the consumer shopping process must have "one-on-one" Confirmation link; the second is clear "goods intact" refers to the goods themselves intact, in order to check the goods and the case of the outside packaging can not be rejected as a reason to refuse to return; third, Third-party trading platform operators to effectively fulfill their responsibilities, to ensure that 7th no reason to return the provisions on the platform in all corners can be

"We are working hard to enact the" violations of consumer rights and interests of the punishment measures, and strive to 7th no reason to implement the return. "Yang Hongzhan stressed that the" chapters "is the industry and commerce sector to implement the 7th, no reason to return the requirements of the bottom line. The Ministry of Industry and Commerce encourages the electric business enterprises to compete actively, and introduce more favorable return terms for consumers.

Changyu, secretary General of China Consumer Association, said that all levels of associations will mobilize social forces to carry out social supervision, the failure to perform or not fully comply with the cause of the return of the enterprise to expose, urge its correction, it is necessary to bring public interest litigation cases ready to bring public interest litigation.

The State Administration for Industry and Commerce and the China Consumer Association require the electric Business enterprise in 30th self-examination self correction, will "7th no reason returns" provisions seriously implement.