The new "Elimination Law" "Seven days no reason to return goods" Implementation difficult, the electricity business exists to expand the scope of exemption of goods suspected

because of the lack of rules, new Act of Elimination The seven days of no reason to return the goods "5 months of implementation, triggered a lot of controversy and consumer complaints. Recently, a lot of consumers to our correspondent, some electric dealers under the pretext of "special commodities" arbitrary expansion does not apply for no reason to return goods, the scope of some should not be excluded in the absence of reasons for return goods outside the exclusion.

Consumer: Dissatisfied with "special commodity" rejected

A few days ago, a surname consumer in a certain electric dealer website bought a bottle of sunscreen, found that SPF is not high, then put forward the request for return. However, the site refused to return, claiming to have stated in advance: "Beauty makeup/Personal care products because of the particularity of goods do not participate in no reason returns." She questioned: She did not use the unpacking, and there are other electronic business sites to allow the return of goods.

There are more and more disputes over such returns due to the greater controversy over the "applicable commodities" among businesses and consumers. The reporter saw, in support for no reason return of the 21 electric dealers, 9 electric dealers clearly identified a cosmetics as a special commodity, and on this basis, will be a protective cosmetics exclusion in the 7th no reason to return.

Reporters See, Gome online (self), Jingdong Mall and other electric dealers in its format provisions expressly stipulated, "according to the relevant laws of the state, a cosmetics products belonging to a special commodity, do not support the return of the goods without reason (or when the sale of the non-quality issue is not refundable)", given the reason is "for safety and health considerations.

However, there is no explicit provision for the new law on elimination, the 25th article stipulates that, in addition to consumer custom, fresh and perishable, online downloads or consumer-opened audio and video products, computer software and other digital goods, as well as the delivery of newspapers, periodicals and other 4 kinds of goods do not apply for 7th, no reason to return, but also stipulates " Other goods which are based on the nature of the commodity and are not returned by the consumer when they are purchased are not applicable for no reason. ”

Question: Does the electricity dealer have the scope to enlarge the exempted goods?

In this regard, it legal experts Zhao occupation that in addition to the provisions of the 4 cases, "applicable commodities" also stipulates the fallback provisions, such as the nature of the goods should not be returned, how to understand, in practice is very easy to produce disputes, if there is no matching provisions for refinement, in the implementation of a large number of disputes.

In addition to "special merchandise", some of the electricity dealers to some clearance goods do not support the 7th return for no reason. For example, Jingdong Mall stipulates, "because the shelf life will be to or outside the packaging damage to cover all activities of the clearance of goods, not return goods"; Suning easy to purchase also stipulates that "activity rules have expressly not support for unreasonable return service of special goods and unsalable defects and other reasons for clearance sale of goods."

As a result, some consumers question that these clearance goods are also commodities, why exclude them from the scope of the 7th return without reason? What is the legal basis? Does this mean that businesses are not allowed to expand their scope of exemption?

Electric Dealer: "Malicious consumption" was abused to cause loss

Some electric business platform also is complaining: in "Seven Days no reason returns" the implementation process, some people abuse this right, still have some people even use this rule to drill legal loophole to "malicious consumption", to bring the big loss to the electricity merchant.

The reporter learned from Jingdong, recently some consumers will buy in Beijing East HP Mainframe, Samsung mobile phones, Apple mobile phones and other sealed packaging equipment to replace the switch, and to quality problems, purchase error for the reason to apply for "seven days no reason to return goods." Insiders said that this is a typical "inverted" behavior: Outlaws will replace the goods for fakes, or parts of genuine accessories replacement for counterfeit accessories, and then return, and then authentic or authentic accessories for sale for illegal gains.

Reporter learned that the suspect in order to quality problems to apply for return, and even show a manufacturer service station issued a test list, so that the electric business enterprises.

No reason to return three points dispute

1. When does the calculation begin?

The new "elimination law" provisions of "seven days" from the consumer "from the date of receipt of goods", most of the electricity dealers also use "on the date of receipt of goods" and other languages to express. But what time does it start to count? These details are also susceptible to controversy.

2. How to calculate "goods intact"?

The new "elimination law" in the provision of net purchase goods no reason to return, only the "consumer returns goods should be intact" this principle, but the specific to how to calculate without Kaifeng, the product is not used, does not affect two times sales, but also lack of further reasonable interpretation and refinement.

3. What are special products?

What are the goods that are not suitable for return? What products do not support "7th no reason to return"? There is a general lack of specific detailed regulations on the types of goods to be restricted by different electric power providers, and there is no eye-catching reminder, which is not conducive to consumers ' clear knowledge.