How does the consumption law benefit consumers?

The promulgation of the new consumption law has both advantages and disadvantages for consumers. So, what we are going to share today is, what benefits does the promulgation of the new consumption law bring to consumers?

Methods/Steps

Consumers have 7 days of "right to regret" online shopping

Case: Consumer Mr. Xu saw a product on sale on a website The brand-name down jacket had a huge discount and limited quantity, so I grabbed one on a whim. After the down jacket arrived, he found that the style and color of the down jacket were similar to the original one. He regretted it and requested a return from the online store. The online store rejected Mr. Xu's request on the grounds that there was no quality problem with the down jacket.

The new "Consumer Law" stipulates that if operators use the Internet, TV, telephone, mail order, etc. to sell goods, consumers have the right to return the goods within 7 days from the date of receipt without giving reasons. .

Comments: Consumers cannot "see is believing" when shopping off-site. They can only judge based on the information provided by the operator. The items purchased are often not the correct version, and returns are even more troublesome.

The current "Consumer Law" does not clearly provide for this issue. The new "Consumer Law" adds a cooling-off period system, giving consumers the "right to regret" for online shopping, aiming to balance the relationship between consumers and operators. problems caused by information asymmetry between companies.

Don’t think about “sitting aside” on online shopping platforms

Case: Mr. Liu purchased an electric shaver from a small home appliance merchant on a large online trading platform. After using it, he discovered that There were obvious quality issues with the razor. The blade was loose and could not be used normally. I wanted to contact the merchant to return it, but there was no word from the merchant. So, Mr. Liu found an online trading platform and asked the website to provide the real name, address and other basic information of the selling merchant. However, the website stated that the merchant had evacuated and they had no contact information. Mr. Liu's rights protection has reached a deadlock.

The new Consumer Law stipulates that online trading platform providers, as third parties in online transactions, should assume their due responsibilities. First, if the real name, address and valid contact information of the seller or service provider cannot be provided, the liability for compensation must be borne in advance. Second, if you know or should have known that a seller or service provider is using the platform to harm the rights and interests of consumers, but fail to take necessary measures, you must bear joint and several liability. At the same time, if online trading platforms make promises that are more beneficial to consumers, they should fulfill their promises.

Comments: The provisions of the new "Consumer Law" will help urge online trading platforms to fulfill their due review obligations, and help solve the outstanding problems of online shopping in remote locations and the difficulty in finding business entities in the event of disputes. It helps realize consumers' right to claim compensation and plays an important role in maintaining the order of online transactions and the legitimate rights and interests of online shopping consumers.

For fraud, "refund one" but "compensate three"

Case: Mr. Li took a fancy to a pair of headphones in a headphone store. The clerk introduced that the headphones were original from France. Imported, good sound quality, no noise. Mr. Li also saw that the earphones were marked "Made in France" and paid for them. But his friend saw the headphones and told him that they didn't look like imported ones. Mr. Li reported it to the relevant departments. After the relevant departments intervened in the investigation, they found that the headset was indeed produced in China. Mr. Li complained to the Consumer Protection Committee, and in the end the merchant "refunded the product and compensated him for it."

The new "Consumer Law" stipulates in this regard: If an operator commits fraud in providing goods or services, it shall increase compensation for the losses suffered by the consumer according to the request of the consumer. The amount of increased compensation shall be the amount of the consumer's purchase of the goods. Three times the price or the cost of receiving services; if the amount of increased compensation is less than five hundred yuan, it shall be five hundred yuan.

Comments: After the implementation of the new Consumer Law, the amount of compensation for merchants will be significantly increased. Regarding fraud, the new Consumer Law changes the "refund one and compensate one" stipulated in the current "Consumer Law" to "refund one and compensate three", and adds the provision of "increasing the minimum compensation guarantee of 500 yuan". This kind of "punitive damages" aims to effectively mobilize consumers' enthusiasm to safeguard their legitimate rights and interests and strengthen the obligations of operators.

Don't try to be the "overlord" of "format terms" again

Case: Ms. Fang purchased a two-year membership card worth 18,000 yuan for a fitness center and signed a contract. Two months later, before the contract had started to be performed, Ms. Fang applied to the fitness center to cancel the card because she was transferred to work elsewhere. The fitness center stated that Ms. Fang can unilaterally terminate the fitness contract, but must pay 40% of the total price as liquidated damages as stipulated in the contract. In other words, even if Miss Fang did not receive any services, she would have lost more than 7,000 yuan. Ms. Fang said this clause was extremely unreasonable. When she tried it for free, the salesperson tried to sell the membership card but only let her take a quick look at the contract and urged her to sign. Moreover, the stipulations about liability for breach of contract in the contract are written in very small fonts at the bottom of the contract, making it difficult to find.

The new "Consumer Law" stipulates in this regard: If operators use standard clauses in business activities, they shall draw consumers' attention to the quantity and quality, price or fees, performance period and performance period of the goods or services in a conspicuous manner. Methods, safety precautions and risk warnings, after-sales services, civil liability and other content that has a significant interest in consumers, and explain them according to the requirements of consumers.

Comments: Liability for breach of contract obviously has a major stake in consumers.

According to the new "Consumer Law", fitness centers should take the initiative to draw consumers' attention. However, instead of actively prompting, fitness centers use extremely small fonts to deliberately make consumers ignore this article. The subjective purpose is to increase consumers' responsibilities and reduce their own responsibilities. responsibility. After the implementation of the new Consumer Law, merchants must use special signs such as words, symbols, fonts, etc. that are eye-catching when entering into a contract, and explain to consumers in plain and easy-to-understand language.

The "Three Guarantees" policy has an "enhanced version"

Case: Ms. Zhang purchased a gas stove in a shopping mall. At the time of purchase, the mall did not make an agreement with Ms. Zhang regarding after-sales service. After using the gas stove for two days, Ms. Zhang found that it could not start a fire, so she requested a return from the store. The shopping mall rejected Ms. Zhang's request on the grounds that there were no relevant legal provisions and no relevant agreement had been made between the two parties. Ms. Zhang then complained to the Consumer Protection Commission. After mediation by the Consumer Protection Commission, the merchant agreed to provide Ms. Zhang with a free maintenance service. But Ms. Zhang still thinks that the new gas stove that was bought just two days ago is broken, which is unfair.

The new "Consumer Law" stipulates that if the goods or services provided by operators do not meet quality requirements, consumers may return the goods in accordance with national regulations and the agreement of the parties, or require the operators to perform replacement, repair, etc. obligations . In the absence of national regulations and agreement between the parties, consumers may return goods within seven days from the date of receipt; if the statutory conditions for contract termination are met after seven days, consumers may return goods in a timely manner; if the statutory conditions for contract termination are not met, consumers may require the operator to perform Obligations such as replacement and repair.

Comments: After the implementation of the new "Consumer Law", consumers can request returns within seven days from the date of receipt of the goods as long as the goods do not meet the quality requirements. This provision increases the protection of consumers and further strengthens the obligations of operators. In this case, the gas stove bought by Ms. Zhang developed quality problems after only two days of use. The new Consumer Law stipulates that return priority is given, and there is no need to go through repair, replacement, etc. procedures. This regulation unifies the handling of quality problems for goods outside the national "Three Guarantees" provisions.

Businesses are not allowed to sell consumers’ personal information

Case: Not long after Ms. Qin returned home from a confinement center, she encountered a door-to-door salesperson from a children’s photography agency . The photography agency said it cooperates with the confinement club. Out of trust in the services of the confinement center and the salesman's persuasion, Ms. Qin paid a trial fee of 500 yuan. The salesman said that after returning, he would send the test photos to Ms. Qin. If she was satisfied, he could take a complete photo album and leave a handwritten receipt from a certain photography studio. After more than a month, Ms. Qin did not receive any photos of the baby. She called the salesman's contact number, but the salesperson's phone number was shut down. Ms. Qin then approached the confinement center to negotiate, but the other party said that the photography agency's behavior had nothing to do with them and that they had no knowledge of it. However, the confinement nanny who has served Ms. Qin told her privately that sales staff from other companies often come to the club to seek cooperation, such as milk powder and baby product manufacturers. They all said that as long as they provide complete maternal information, they can give the club varying amounts. of commissions, including the photography studio. Ms. Qin believes that her personal information was leaked by the confinement club, and the club should bear responsibility.

The new "Consumer Law" stipulates that operators and their staff must strictly keep confidential the personal information of consumers collected and must not leak, sell or illegally provide it to others. Operators are not allowed to send commercial information to consumers without their consent or request, or if consumers explicitly refuse.

Comments: In the mobile Internet era, more and more operators are taking advantage of the opportunity to provide consumers with goods and services to illegally collect and sell consumers' personal information. The new Consumer Law clearly stipulates the notification obligations and confidentiality obligations that operators must fulfill when collecting and using consumers' personal information, and operators' commercial promotions must not infringe on consumers' right to peace of life. This provision protects consumers’ personal information rights.

It is no longer the consumer’s responsibility to provide evidence

Case: Ms. Lu purchased a mobile phone at a mobile phone store. After using it for a period of time, the phone suddenly shuts down automatically and cannot be restarted again for a short period of time. She took her phone to a special repair department for repair. The staff said that the mobile phone was damaged due to improper use such as water intrusion and could not be repaired free of charge. However, Ms. Lu believes that it has been used normally and the phone has never been dropped into water. There is something wrong with the quality of the phone itself. Ms. Lu then complained to the Consumer Protection Commission. The Consumer Protection Commission found a relevant authoritative appraisal and testing agency and asked for an appraisal. However, the agency said that because there were no relevant standards, it could not determine the cause of the failure through appraisal. Ms. Lu had no choice but to pay more than 1,000 yuan for mobile phone repair fees.

The new "Consumer Law" stipulates that when operators provide durable goods such as motor vehicles, computers, televisions, refrigerators, air conditioners, washing machines, or decoration and decoration services, consumers must accept the goods or services themselves. If a defect is discovered within six months from the date of service and a dispute arises, the operator shall bear the burden of proof of the defect.

Comment: For some durable goods, especially those with high technological content, consumers lack relevant professional knowledge and find it difficult to grasp more professional information about such goods or services, and even find it difficult to purchase goods. Discover some hidden flaws. The new Consumer Law stipulates that the burden of proof for defects in durable goods shall be borne by operators, which reasonably balances the burden of proof between consumers and operators. After the implementation of the new Consumer Law, according to regulations, manufacturers must prove the cause of the automatic shutdown of mobile phones.