Enforcement of penalties for violations of consumer rights

Absrtact: Today is the 315 International Consumer Protection Day, "the punishment method of violating consumer's rights and Interests" (hereinafter referred to as "the Punishment Method") is formally implemented. What are the highlights of the punitive measures? Yesterday, the relevant officials of the provincial Trade and Industry Bureau on the "Punishment measures" of the bright spot

Today is 3 15 International Consumer Protection Day, "infringement of consumer rights and interests of the punishment measures" (hereinafter referred to as "punishment measures") formally implemented. What are the highlights of the punitive measures? Yesterday, the relevant officials of the provincial Trade and Industry Bureau on the "Punishment measures" highlights of the analysis.

The industry and commerce can be fined for refusing to return the goods which have been unpacked online

Last June 10, Ms. Wang of Wuhan bought a brand baby stroller online. June 11 received the goods, Ms. Wang opened the package found that the cart can only sit can not lie, and Ms. Wang's baby is only 5 months old, need to buy is able to sit on the cart. June 16, Ms. Wang and merchants to apply for return, but the business to have unpacked, no quality problems as an excuse not to handle.

Like Ms Wang, many people have encountered this situation. Today, the implementation of the "punitive measures" clearly stipulates that the consumer has opened up, inspection of the impact of goods in good condition by refusing to return, more than 15th, will be regarded as a deliberate delay or unreasonable refusal. The business sector may be punished according to law. "Online shopping, telephone, television, mail order four types of shop, consumers can not see the kind, so unpacking, inspection damage to the original packaging is the necessary steps of inspection, has been unpacked can not become a merchant refused to return the reason. "The provincial Bureau of Industry and Commerce," the director of the Wongs said that for Ms Wang's situation, according to the "Punishment method," Ms. Wang has the right to return without reason.

The Consumer Protection Act, which was implemented last year, stipulates that consumers are entitled to return within 7th from the date of receipt of the goods, without any justification. However, wongs remind consumers, not all online purchases are applicable for no reason to return, consumer-made, fresh and perishable, and other four categories of goods do not apply for no reason to return.

Merchant defaults should be returned to the prepayment in accordance with consumer requirements

Shiyan Mr. Zhang spent 500 yuan to buy a chain of hotel membership card, merchants promised to stay can enjoy the membership price. This year lunar, Mr. Zhang book the hotel a 133 yuan (original price of 668 Yuan) Standard room, before check-in has been called the hotel phone confirmed room. But when he went to the hotel to stay but was told that the room is full, Mr. Zhang immediately asked to refund the remaining membership card, the hotel refused. The punishment method expressly stipulates that "the goods and services provided by the operator in advance payment are not provided with goods or services in accordance with the Agreement, and shall be refunded in accordance with the requirements of consumers ...". If there is no agreement on refunds, the refund amount shall be converted in accordance with the calculation of the consumer. "In other words, if the hotel can not provide room for Mr. Zhang, it should be refunded." The hotel should refund Mr. Zhang even if the parties do not have an agreement on whether to refund the card.

Wongs said that before the business sector encountered such problems in general can only mediate between the parties. After the implementation of the punitive measures, if the merchant expressly says no refunds, the business sector may punish them in accordance with the law, since the date of the refund request from the consumer exceeds 15th.

"No refund", such as the Overlord clause is considered illegal

"When the goods are sold, they are not returned" or "... Enjoy the right to final interpretation, these often appear in the form of contract clauses, often become the merchant does not fulfill the agreement of excuses and shield. In the 12th of the punitive measures, seven kinds of acts are defined as the Overlord clause. If the merchant exempts or partially exempts the after-sale maintenance responsibility, forces the consumer to use its designated goods or the service, unilaterally enjoys the final explanation right and so on.

In other words, after the imposition of the punishment method, "by ... The right to final interpretation, "no refund" and other such overlord clauses will be considered illegal. Wongs said that consumers encounter such circumstances can be complained to the industry and Commerce departments, ordered by the Industry and Commerce Department to correct, and can be 3 times times the illegal income below the maximum of not more than 30,000 yuan fine; no illegal income, punishable by 10,000 yuan below fine.