Has unpacked the net buys the commodity, in the end can not have the reason to return? According to the "penalties for infringement of consumer rights", which will be implemented on March 15, "unpacked" cannot be used as a reason for refusing returns. The new rules have sparked controversy among consumers, experts and electric-business practitioners.
New rules
"Unpacked" can not refuse to return
According to the information disclosed by the State administration of Industry and Commerce website, the imminent implementation of the "penalties for violations of consumer rights", the most external concern is about the punishment of unjustified returns: Operators using networks, television, telephone, mail order and other means of selling goods, should be in accordance with the provisions of the law to bear the obligation of no reason to return, No deliberate delay or unreasonable refusal.
What is intentional or unreasonable refusal? The approach lists four scenarios in which the operator is opened by the consumer, check the impact of goods in good order by refusing to return, or without the consumer confirmation, their own provisions of the goods do not apply for no reason to return, as well as the receipt of goods but do not return formalities or not refund, one of the above circumstances and more than 15th, as a deliberate delay or unreasonable refusal. Offenders are liable to a fine of less than 500,000 yuan.
Since the implementation of the revised March 15 last year, the People's Republic of China Consumer Protection Act stipulates that operators use the network 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 why. Except for a few items: consumer-made, live perishable, online downloads or consumer-unpacked audio-visual products, computer software and other digital goods, delivered newspapers, periodicals, and other goods according to the nature of the goods and the consumer at the time of purchase to confirm that it is not suitable for return.
Hot Discussion
Consumer "unpacked" should not be across
The dispute with the new law is similar to the "point of praise", the way to maintain the rights of online shopping is welcomed by consumers. But speaking of specific problems, the respondents have a lot of worries.
Whether the "unpacked" goods should be classified as unjustified returns is the focus of controversy. Netizen "Money City _kaka" and so said, "This policy, does it mean that many people want to buy second-hand products?" "What can be done about the water cups and snacks that others have used?" "The Netizen" Liu Shen Lin "thinks," has unpacked "should not across, to the mother and child class, the food and so on consumer health product, should not treat equally.
Experts
Two times sales should inform consumers
Chu Baochang, head of the China Consumer Association's Law Group, put forward, no reason returns often affect two times sales, but this in itself is part of the operating cost, is the network shopping This transaction method itself characteristics decided. Network, telephone shopping and offline shopping mode, the purchase can not see the physical, received goods may find the existence of chromatic aberration, false publicity and other issues.
He said: "For two times the sale of goods, sellers should truthfully inform consumers, if the value of the commodity is derogatory, can be reduced sales, otherwise it will infringe on consumers ' right to know." Let consumers dare to consume, in the long run is advantageous to the operator. ”
Businesses
Requirements for "unpacking" degree
Some shop sellers believe that, in addition to the new elimination of the provisions of the law does not meet the return conditions of several categories of goods, there are also some goods are not suitable for return, such as underwear, ear nails and other related to personal hygiene goods, if the goods are unpacked and then returned, it is more difficult to protect
Some shop operators said that "unpacked" can be dismantled to what extent, also need further rules. Some products may have four to five dealers, large box if the box is torn down, or with security code, plastic seal of the packaging was removed, the seller received a return may be difficult to two times sales, the need for manufacturers to deal with. If as a result of operating loss, in the actual operation, the additional cost is likely ultimately the consumer pays.
Taobao said in an interview, the way to safeguard the interests of consumers should be good, many of them to the day-to-day management of the platform will be the law. On the "unpacked" and other situations in the actual return operation of the fuzzy zone, the business sector and the network shopping platform is still in close communication.
Experts say
The market should be coordinated to leave room
Since the implementation of the new law, the effect of last August Zhongxiaoxie announced the first half of the 2014 National Association of Consumer organizations to receive complaints analysis, "7th no reason to return" became a complaint hot and difficult.
General Administration of industry and commerce in January this year has said that the net purchase 7 days no reason to return the implementation of the overall good, but there are some problems, the general administration of Industry and Commerce is prepared to draft a "7th no reason to return" guidelines to further refine this provision.
China Electronic Commerce Association Policy Law Committee deputy Director, network Regulation Research Center Director Aramus that, although the statute lists can not carry out no reason to return goods, but it is difficult to exhaust, from the actual situation and product performance, it is best to leave a "gap" to allow buyers and sellers to negotiate, which can increase the feasibility of
Experts believe that, whether the new law or the imminent implementation of the law is only on the one hand, the market norms also rely on industry self-discipline, the need for electric platform to assume responsibility. The implementation of the new rules in the long run will encourage more people to try online shopping, and finally standardize the market, stimulating domestic demand.
According to the Xinhua News agency, The Beijing Times