Interpretation of seven days no reason to return, specific how to do

"Editor's note" which products apply for 7 days without reason to return? What are the conditions that need to be met? Can returns be executed without reason?

A small number of online shop still hanging "no refund" overlord clause

The reporter discovered in the Taobao advanced search, the whole net conforms to the brand-new commodity retrieval condition the commodity is 342.47 million pieces, but joins seven days returns the guarantee condition the treasure to have only 122.8124 million pieces. Many shops are still hanging out on the home page similar "size is not quality problems are not returned" disclaimer, seemingly warm hint, is the OVERLORD clause, mandatory restrictions on the return of goods conditions, blatant damage to consumers legitimate rights and interests.

Taobao sellers in the shop declared: "We do not have seven days to return shop, non-quality issues do not exchange, please feel ' not what they want to feel ' or ' tried hard to find some reason to get back ' and ' just want to buy a try clothes, not very like to return ' The Picky girl please bypass. "This type of shop will deprive the buyer of the right to regret, which is quite different from the requirements of the new rules."

The new law on protection of consumer rights will be formally implemented on March 15. The State Administration of industry and Commerce announced the "Network Transactions Management measures" (hereinafter referred to as the "method"), the consumer's online purchase "regret right" in the Department of Regulation level to provide protection. For a lot of enthusiastic online shoppers, "7 days no reason to return" regulations let the net shopping less worries. But at the same time, for which goods apply for 7 days no reason to return, what needs to meet the conditions, no reason to carry out the return, consumers have many questions.

What are the criteria for determining the "intact" product?

Article 16th of the approach provides that network commodity operators sell 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 there are four kinds of goods except: Consumers customized, fresh and perishable, online download or consumer-opened audio and video products, computer software and other digital goods, and delivery of newspapers Journals。 In addition to these four categories of goods, other than the nature of the goods and consumers at the time of purchase to confirm that the goods should not be returned, does not apply for no reason to return. The goods returned by the consumer shall be in good condition.

What is the standard of "intact"? The packing of the goods is damaged, the tag of the clothes is cut off, can such goods be returned without reason?

Lixin, a professor of law school at Renmin University of China, said, "Consumers should return goods should be intact" that is, in accordance with the conditions of unjustified return, consumers should keep the returned goods in good condition.

"The standard of good merchandise should be based on whether it affects two sales." "Alibaba Group Legal vice President Yousei said, in the actual sales process, the return of goods are businesses and consumers freely decided." "The return is in itself a voluntary act between the operator and the consumer, and their determination of the goods themselves is usually rarely disputed." ”

Some experts said that the implementation of the law is a barrier to the goods after the return of what circumstances do not affect the two sales, such as the test through the clothes have perfume residue how to do? How to define does not affect two times sales, still need to refine in practice.

Jian, director of the Law and Theory research Department of China Consumer Association, said, "in practice, some businesses ask for packing intact." This and the goods are two concepts, the product itself is intact, the goods attached to the annex is also complete, these should be its elements, as to whether the packaging is opened, should not be included in it. Therefore, the dismantling of packaging can not be called ' goods not intact ', but also in line with 7 days without reason return conditions. ”

In addition, the goods are still involved in which link intact. For example, goods in the hands of consumers intact, but in the return process due to express or logistics reasons, the goods have been damaged, who should be responsible for? Ja Dongming, director of the Civil Law Office of the NPC Standing Committee of the National People's Congress, said that if the goods are damaged in the process of logistics transport, they should be responsible for the logistics, and 7 days of no reason to return the goods are good, should mean that the goods in the consumer this link to keep intact.

How to define "7 days" date?

The method 16th provides a limit on how to return refunds: for goods that are allowed to be returned, the consumer needs to return the goods within 7th from the date of receipt of the commodity; the net commodity operator shall return the commodity price paid by the consumer within 7th from the date of receipt of the returned goods.

If the goods logistics delay, how to determine the validity period of 7 days? 7 days is a working day or a natural time?

Lixin that logistics does not affect the 7-day return time. For goods that have no reason to return, the consumer will submit a return application within 7 days from the date of receipt of the goods. From the civil law, "7 days" is actually a period, in accordance with the rules of civil law, regardless of the date of the start, calculated to the 7th day, the termination date is a statutory holiday, the extension of 1 days back, you can use this 1 days to return the time. "For example, September 30 received online shopping, starting from October 1 count, to October 7 are legal holidays, then consumers can exercise this right to return on October 8." ”

Jian that the law only sets a minimum period, in the actual electric dealer sales, online shopping can be 1 months without reason to return. "The minimum period stipulated in the law is to encourage competition and to encourage operators to provide better services to consumers." It will be more beneficial to consumers if the operator prescribes a longer period of return without reason. ”

Who is responsible for goods return shipping?

In the area of freight, the method stipulates that the freight returned by the goods shall be borne by the consumers, and the network commodity operators and consumers shall agree otherwise.

"There is no reason to return without any reason, as long as you do not like it can be returned, which gives consumers the right to unilaterally terminate the contract, under normal circumstances, freight by consumers, is considered from the perspective of the interests of balance, conducive to the healthy development of e-commerce industry, but also conducive to reminding consumers of rational returns. "The Civil Law Office of the National People's Congress Shi Hong said.

Shi Hong explained that if the operator and the consumer have agreed to do so in accordance with the agreement. For example, some electric dealers for competition needs, make a commitment to pay the freight, can be in accordance with the commitment of the operator to do, freight by the operator at his own risk.

In addition, under the New Amended Consumer Protection Act 24th stipulates that if the consumer online purchases of goods of their own quality problems, it should be borne by the operator freight.

Some experts said, "The new rules of operability still need time to further improve." On the one hand, there are a lot of details on how to solve the dispute when the Overlord clause is disputed; On the other hand, even if the statute lists goods that cannot be returned without reason, it is difficult to exhaust; In addition, how to punish the malicious return after purchase is still to be explained. ”