E-commerce free to expand the "rejection" of the scope of goods

The newly revised Law on Protection of Rights and Interests of Customers, which came into effect on March 15 this year, gives consumers the right to return goods without any reason on the 7th. Law has been in force more than three months, many consumers are frustrated in the exercise of the right.

In response to the sudden social complaint of no reason to return on the 7th, the State Administration for Industry and Commerce and the China Consumer Association jointly held 10 e-commerce businesses, including Alibaba and Jingdong Mall.

E-commerce free to expand the "rejection" of the scope of goods

According to the new "Consumer Law," operators use the Internet, television, telephone, mail order and other sales of goods, consumers have the right to receive the goods within seven days from the date of return, and without explanation of the reasons. This is the legal basis for consumers to exercise their rights for no reason to return on the 7th.

At the same time, the new Consumer Law makes the exception to the seven-day no-return merchandise application: consumer-made, fresh and perishable, audio-visual products downloaded online or by consumers, digitized products such as computer software, and Delivered newspapers, periodicals. In addition to these 4 categories of goods, other goods that are not returned by reason of the quality of the goods and confirmed by the consumers at the time of purchase are not suitable for returns and require the returned goods of the consumers to be in good condition.

As all sectors of society have different understandings on the scope and specific implementation standards of the new "Consumer Law" No-Return Policy on the 7th and consumers and operators have become controversial, they have become hot spots for consumer complaints. According to the analysis of online shopping appeals of 12315 centers in Beijing, Shanghai, Nanjing, Hangzhou and Guangzhou with relatively centralized e-commerce platforms, since March 15, the five cities have accepted 27,000 consumer online shopping appeals, involving " No reason to return "complaints accounted for 53.69% of the total complaints related to the new Consumer Law, of which the top complaints were mobile phones, home appliances, computers and accessories.

The face of seven days no reason to return the provisions of the major online shopping platform launched one after another according to their own business projects developed by the corresponding return policy.

Open the No. 1 store shopping platform, the return policy includes not only the four types of commodities specified in the new Consumer Law, but also food products (such as food, health products, beverages, medicines, alcohol, milk powder and baby food supplement) Five categories of commodities such as precious commodities (such as diamonds, precious metals, watches, jewelry, etc.), personal care and virtual commodities are not eligible for return on the 7th.

And Lynx label does not support seven days no reason to return more categories, including special hotel, holiday line, movie, decoration design, jewelry, alcohol, medicine, take-away more than 30 categories.

In addition to arbitrarily broadening the seven-day rule for excluding unreasonable returns, Yang Hongcan, director of the Consumer Protection and Protection Bureau of SAIC, pointed out that there are three common problems that the e-commerce industry has to implement in implementing the "No-Return Returns on the 7th" issue: First, not applicable "There is no reason to return," the goods marked is not obvious, the lack of one-on-one confirmation process of shopping, resulting in consumer confusion when purchasing, consumer unilateral interpretation of the business does not recognize; second is the "goods Intact "is equivalent to" does not affect the secondary sales, "the return of the standard is too harsh, leading to consumer returns long processing cycle, low efficiency, return disputes; Third, some shop operators for various reasons not to fulfill the obligation to return the goods , Third-party platform not to manage the responsibility.

"No reason to return on the 7th" how to understand?

There is no reason to return on the 7th of the goods, the new "Consumer Law" gives a clear expression, but because of "unfit to return" lack of judgment, electricity providers do not understand the same understanding.

"Taking into account factors such as safety and health, Lynx platform will be food, medicine, personal clothing items included in the scope of seven days no reason to return the goods." Alibaba (China) Network Technology Co., Ltd. Group Vice President Yu Siying said that for some with Investment, the value of the collection of goods, or short-term fluctuations in prices of goods, as the return of authenticity of goods more difficult to identify, commodity prices have a greater impact on the seller, the platform does not support the seventh no reason to return.

Jia Li-ice, vice president of Guangzhou VIP Information Technology Co., Ltd., said frankly: "No reason to return on the 7th new regulations also give us some trouble, such as consumers buy goods within seven days after the request no reason to return, but will be purchased from the only product The real thing for the simulation package, such a malicious return merchant loss is not less.

"The purpose of the seven days of no reason to return the original intention of the legislation is not to encourage consumers to return online shopping, but to create a more comfortable consumer confidence environment. Operators to set limits on the return of goods must be based on the nature of the goods should not return reason, shall not arbitrarily expand Limit the range of goods. "Yang Hongcan believes that this system is to protect the consumer's" right of regret "in the remote shopping, consumers are not satisfied with the return, no reason to return does not mean that there are quality problems return of goods.

According to Qiu Baochang, a Beijing-based law firm, Qiu Baochang believes that the scope of the application for no reason for return on the 7th should be based on the nature of the product and be publicized to gain consumer acceptance rather than to the extent that it would have a significant impact on sales.

In addition to the scope of the dispute, the standard of goods "intact", business and consumer opinion is not uniform. For example, the destruction of the packaging of the goods, the cloak tag cut off, can apply to no reason to return?

"Some sellers prescribe that the original packaging has not been opened and the consumer can not know if it is the product they want." According to Yang Hongcan, "good products" covered by the return of consumers should include the consumers for inspection and trial The unpacking of goods, as long as the value is not significantly derogatory caused by the consumers, are "good goods."

"Infringement of consumer rights and punishments" is about to be introduced

At the symposium, Yang Hongcan appealed to the participating enterprises about "three chapters of law": First, apart from the statutory exclusion, the reasons for exclusion of goods for no return on the seventh should be clearly stated and the reasons why they are not applicable should be reasonable and legal , Marked to fall on each specific commodity, in the process of consumer shopping must have "one to one" confirmation link; the second is clear "good product" refers to the product itself intact, opened for the inspection of goods Third, the third-party trading platform operators must effectively fulfill their own responsibility to ensure that no reason to return the provisions of the provisions of all aspects of the platform can be implemented in all corners of the platform.

"We are stepping up efforts to formulate a" penalty against consumers' rights and interests, "and strive to implement the seven-day no reason to refunds to the letter." Yang Hongcan stressed that the "Covenant Chapter III" is the bottom line of the business sector to implement the provisions of the electricity supplier industry seven days no reason to return Claim. The business sector encourages e-commerce companies to actively compete, the introduction of a more conducive to the consumer return policy.

Chang Yu, secretary-general of China Consumers Association, said that Consumers Association at all levels will mobilize social forces to carry out social supervision, to perform or not fully perform unreasonable returns of enterprises exposure, urge them to correct, it is necessary to initiate public interest litigation cases do Good to mention the preparation of public interest litigation.

SAIC and China Consumers Association require e-commerce companies to conduct self-examination and correction within 30 days, will be "no reason to return on the 7th," the provisions of earnest implementation. Reporter Cheng Hui