NET purchase claim worried shopkeeper missing? State protection policy has been

Consumers in the future when the online purchase is infringed, no longer need to find a shop for business claims and distress. Yesterday, the State Administration for Industry and Commerce on the "Consumer link operators first ask and compensation system" issued provisions, when consumers are infringed, if the network trading platform can not provide the real name of the seller or the service, address, etc., consumers can demand compensation from the network trading platform operators.

According to the State Council's request, the State Administration for Industry and Commerce recently issued "on perfecting the first question and compensation payment system for the operators of consumer Links" (hereinafter referred to as "opinions") by Yang Hongzhan, director of the National Bureau of Industry and Commerce's consumer Rights protection Agency. According to the situation of the sellers prevarication, the State administration of Industry and Commerce expressly stipulates that consumers or other victims may claim compensation from the sellers or compensate the producers for any damage to the person or property caused by the defective goods. Where the consumer seeks compensation from the seller, the seller shall not shuffle it, and after the sale compensate the producer.

The State Administration for industry and commerce requires the operators to establish and improve the consumer dispute settlement, Consumer tort compensation system, and set up a specialized department or designated special personnel responsible for handling consumer complaints, in their place of business eye-catching position or in other user-friendly way, open its handling of consumer disputes related procedures.

The State Administration of industry and Commerce said will encourage, guide to have counters or venues for rental of shopping malls, supermarkets, especially with a certain scale of furniture, building materials, home appliances and other large shopping malls, stalls more markets, wholesale markets, network trading platform, TV shopping platform for sellers, service providers operating conditions and related services operators, Establish and perfect the compensation payment system. has established the compensation system of the shopping malls, markets and platforms, to clear the starting compensation for the first payment of conditions, procedures, methods, scope, improve the compensation first payment procedures to consumers and shopping malls, markets, the platform of the seller or service to the publicity, to be supervised. For many times by the consumer complaints and refused to rectify, or have been found to have violated the legitimate rights and interests of consumers of businesses, shopping malls, markets and platforms can be terminated by the contract, do not renew the contract and other means to terminate its business qualification.

Yang Hongzhan said that the industry and Commerce departments will be required to promote shopping malls, markets and platform operators to set up "Consumer rights service station" to receive and deal with consumer complaints. The operators who concentrate or deal with the consumers ' complaints will be supervised and corrected in time through the administrative interview and sending the proposal. We will actively promote the construction of the "lawsuit and transfer case" mechanism, and the operators who refuse to perform the first question should be dealt with according to relevant laws and regulations. If the operator is punished by the industry and commerce and the market Supervision Department for refusing to perform the first question, it should be announced to the society in time.

1. The operator of the consumption link shall fulfill the responsibility of the first responsible person for the consumption rights, according to the principle of "who is responsible for selling the goods, who provides the service and who is responsible". The operator must be responsible for the first question in accordance with the law, without prevarication.

2. Online shopping can be first to the merchant for compensation, if the network trading platform can not provide the seller or the real name of the service, address and effective contact, consumers can be to network trading platform operators to seek compensation. Network trading platform to make more favorable to consumer commitment should fulfill the commitment, in the compensation can be legally to the seller or service recovery.

3. After the end of the fair or the expiry of the counter lease, the consumer may claim compensation from the organizers of the fair, the lessor of the counter, and the seller or the service after compensation from the organizers of the trade fairs and the lessor of the counter.

4. A consumer or other victim may claim compensation from the seller or claim compensation from the producer for damage to the person or property caused by a commodity defect. The seller shall not be prevarication, and the compensation may be recoverable from the producer according to law.

5. For consumers to uphold the rights and interests of reasonable requirements, the operator shall not be prevarication, should not deliberately delay processing or unreasonable refusal. If a consumer fails to lodge a complaint with the relevant administrative department or consumer Protection organization, the operator shall actively cooperate with the investigation.

6. Sellers, service providers and other operators to establish a sound consumer dispute settlement, Consumer tort compensation system, the establishment of specialized departments or designated special personnel responsible for handling consumer complaints, should be in the location of their business or other user-friendly way, to open its handling of consumer disputes related procedures.

Provisions on the first-ask system of operators

The payment system of the consumption link

Concept: Refers to the shopping malls, markets and platforms and operators on a voluntary basis on both sides of the signing of consumer complaints compensation first payment Agreement (clause), after the consumer is infringed, if the seller or the service person deliberately delays processing or unreasonable refusal to pay, as well as the withdrawal of the market and other circumstances lead to consumers can not obtain compensation, by the mall, Market and platform operators to the consumer to pay first. After the shopping malls, market and platform compensation is paid first, they can recover the relevant sellers and service by law or by agreement.

Methods: Mainly including the repair, redo, replacement, return, replenishment of goods, refund of purchase money and service costs or compensation losses, the scope mainly includes goods or service quality problems caused by the value of goods or services, the penalty stipulated in the consumer contract, due to after-sale, Installation and other problems caused by the loss of consumers.

The conditions of >> compensation payment system

1. Consumers to provide invoices, such as purchase vouchers or service documents.

2. In addition to the provisions of the elimination of motor vehicles, computers, televisions, refrigerators, air conditioners, washing machines and other durable goods, or decorative decoration, such as inversion of evidence (by the operator evidence), consumers need their own proof.

3. Consumers advocate the maintenance of their legitimate rights and interests of the statute of limitations, should comply with the 24th of the relevant provisions of the law, 7th can be required to return, more than 7 days to see the specific circumstances to determine the return, or replacement, repair and so on.

4. A situation in which a seller or service with a liability is liable to delay, unreasonably refuse or cause a consumer to be difficult to claim for reasons such as withdrawal.

Link

>> the process of compensation first payment system

1. Consumers may claim directly to the seller or the service, and if they are not satisfied with the results of the treatment, they can lodge a complaint with the shopping malls, markets and platform operators.

2. Shopping malls, markets and platform operators receive complaints, should be arranged in a timely manner, the organization of sellers or services and consumers to negotiate.

3. In the event of consensus, the seller or the service shall be urged to fulfil the agreement in a timely manner.

4. The consultation does not agree that, after verifying that the seller or service of the consumer complaint does have a fault, the shopping malls, markets and platforms shall pay the consumers first in accordance with the established compensation system. Reporter Shi