Consumer Protection Act of the latest revision

The latest revised version of the Consumer Protection Act will be formally implemented on March 15, 2014. This new method of elimination, fully refined the rights and interests of consumers, strengthening the operator's obligations. The biggest bright spot is, specifically for the network shopping related "7th no reason returns" made clear provisions. Earlier, on February 13 this year, the General Administration of commerce and Industry announced the "Network Transactions management measures", also clarified the resolution, which means that, from March 15 onwards, "7th no reason to return" will become the industry standards, consumer online shopping "right to regret" will also be clearly supported in the legal level.

Let us first take a look at the latest version of the Consumer Protection Act, "7th no reason to return" the relevant provisions:

25th the operator uses 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, but the following goods except:

(a) The consumer makes the order;

(ii) fresh and perishable;

(iii) online downloads or consumer-unpacked audio-visual products, computer software and other digital goods;

(iv) newspapers and periodicals delivered.

In addition to the goods listed in the preceding paragraph, other goods which are based on the nature of the commodity and which are not returned by the consumer when they are purchased are not applicable for no return.

The goods returned by the consumer shall be in good condition. The operator shall return the commodity price paid by the consumer within 7th from the date of receipt of the returned goods. The freight returned by the goods shall be borne by the consumers, and the operators and consumers shall agree otherwise

The implementation of the new extinction method, in the electric business has also caused a wide range of comments and concerns, based on the rapid development of online shopping in recent years, this move will affect the number of electronic business related to hundreds of millions of nets to buy sellers and buyers, after the formal implementation, will be in the industry caused a great stir.

After the release of the law, the appliance manufacturers have begun to follow up, up to now, Taobao Cat, Beijing-east, Xun and other mainstream electric business platform has been issued in succession with the relevant after-sale rules, but the different platforms for the application of the regulations of the commodity category rules are not the same. However, although it is written in black and white, there are still many difficult problems to be defined in the implementation process, for example, is there any reason why returns are equivalent to unconditional returns? How to define the goods in good condition? by whom? How does the so-called 7th start date of termination? Can consumers benefit? And what is the widespread fear of sellers?

Recently, Qilu Evening News, "The new law next month to implement online shopping 7 days no reason to return a dispute over" a article, the new law may produce many problems to the relevant authority to do an interview:

1. How to identify goods in good condition?

The new law stipulates: For goods returned without reason, the goods returned by consumers should be in good condition.

Question: What is the condition of "intact"? How to decide? Who's going to decide?

For how to determine the integrity of the goods, the current industry consensus is "no impact on two sales." Shandong Province Association public official lawyer Tang Sheyu that, because the net buys the commodity type to be many, also very can unify "does not affect two times sale" the concrete target. For example, clothing after trying to do not like to return the problem is not big, but the mobile phone unpacking opened after not like to return on the trouble, because this may affect two times sales.

But some consumers believe that appliances, communications products only after the open to see the color, appearance, etc., if the disassembly is not in line with the "no reason to return" conditions, then this rule is too narrow.

"From the current point of view, whether the impact of two sales are mainly determined by the sellers, the new law after the implementation of the dispute will certainly be a lot." "It still needs to be refined in practice," Tang Sheyu said.

2, seven days how to calculate?

New elimination Law: Consumers have the right to return goods within 7th from the date of receipt of merchandise.

Question: the date of receipt of the goods is based on the delivery of the delivery system, whichever is the actual time taken by the consumer? Sina netizen "pull Flower" said, before the net friend bask in a single express "The Door handle sign" "The gate Sign", so on behalf of the receipt produces the dispute, how to judge?

Qilu Evening News quoted respondents said that the current Taobao shop most of the delivery system for the date of receipt, if the customer because of the signing and see the goods late, the store is not responsible. "If you start counting by the time the consumer sees the goods, this time is not available, and it is difficult to get evidence. But Ms. Wang also advises consumers that if there is a specific reason, consumers can communicate with the store.

Shandong new Light law firm director lawyer Wang Nio-liang that to reduce the period of receipt of the rights of protection disputes, must standardize express logistics industry, I sign and collect goods should be strictly according to the agreed operation.

3. Who bears the return shipping cost?

New elimination Method: 7 days no reason to return goods, return the freight by the consumer.

Question: Many sellers put forward, if it is not due to quality problems arising from the return, the seller's shipping costs should not be borne by consumers?

At present, Taobao rules to participate in 7 days no reason to return the business, if the package mail products, then the seller is not allowed to ask consumers to go to the postage, for the products do not package mail does not make provisions.

"There is no quality problem, consumers just because they do not like the purchase and return, I think the seller to take the trip tolls unreasonable." "Taobao owner Feifei put forward, return of the list, the seller in the absence of responsibility to pay the labor did not get the proceeds, but if you have to compensate for the freight, a little wronged." "Moreover, the cost of shipping back and forth by consumers can also push consumers to spend and return more rationally." ”

Wang Nio-liang that, in the legal and Electronic business platform does not make a clear provision, it is necessary to rely on sellers and consumers to negotiate a solution.

4. Is it appropriate to exclude "consumer custom" goods?

New elimination Method: List of the goods do not meet the reasons for the return of a commodity "consumer custom."

Question: Whether overseas purchase goods belong to "consumer custom" This row has caused the controversy.

"Goods purchased overseas are already available." Should not be a custom. "Often on Taobao to purchase cosmetics," said Xiao Li.

Engaged in overseas purchasing Taobao owner Sola said, purchasing is specifically for a customer to buy goods, even if not custom-made that is also ordering, to do 7 days no reason to return very difficult. "Purchasing goods, if shipped back to the purchase country returns, high freight costs consumers will certainly not be willing to bear." Sola said that her overseas purchasing people are generally 10 days or half a month unified delivery to reduce shipping costs, if the separate shipping costs are high.

If you do not return to the mall, Sola bluntly cost too much. "A big bag price thousands of dollars, and once returned I am not sure when to sell out, capital pressure too much, I can not bear." Sola said, in order to avoid similar disputes, she generally advised consumers to go to the physical store before the order to look at the physical, as far as possible not through the picture to order.

As can be seen from the above quoted, the implementation of the new law, although the effect of applause is very common, but buyers and sellers have their own different angles of concern.

Generally speaking, the buyer's concern is: looking good for the buyer, but the actual implementation of the effect can be guaranteed? And the seller's concern is: this will lead to a large number of online shopping "disorderly purchase disorderly retreat" phenomenon?

For buyers, most of the time, it is a big issue whether the business is fully compliant. At present, some electronic business platform on the shop page is still hanging "bad size is not a quality problem is not returned" such statements, what is more, there is a shop in the shop is clearly stated: "We do not have seven days to return shop, not the quality of the issue is not returned, please feel ' not what they want to feel ' or ' Tried hard to find some reason to think of the reasons for return ' and ' just want to buy try clothes, not very like to return ' The Picky girl please bypass. ”

Second, on how to define "goods are intact", more often the right lies in the seller side.

In addition, regarding the 7th stipulation, the judgment basis according to the logistics system's receipt date is whichever. In fact, there will be some because of travel and other reasons and did not see the real goods, see has been a return date of the situation, then the application will be very difficult to return.

And for sellers, the new law will not because of the reduction of the threshold of returns, and trigger more consumer blind shopping, whether there will be a lot of consumers holding "anyway can return, buy first" mentality to do shopping, if so as to increase the seller's return rate, which for sellers, is a big burden.

Secondly, the definition of category, in addition to the provisions of the rules of the category, some related to personal hygiene such as underwear, earrings and so on, whether or not in line with the terms of the category list. Unauthorized in the shop statement, and do not comply with the regulations, do not make this statement, but also worried that such goods encountered after the return of difficult to carry out two sales.

In addition, an extreme situation has to let sellers worry about, such as malicious consumers, if he/she returned to the goods sold by the store should do?

Fully, no doubt, the implementation of the new law will be the protection of consumer rights and interests of a great progress, but also the standardization of China's E-commerce development of an important adjustment, but, we can clearly see that the relevant laws and regulations in the implementation process, there are still a lot of unsatisfactory place, sellers and buyers of all the concerns are reasonable But we should have confidence in it, I believe it will be the same as any law, will be in the process of practice to refine, adjust and improve, I hope that one day, it will be perfect to protect the interests of buyers at the same time, but also to ensure that the legitimate business of the rights and interests.