Measures of Tianjin Municipality on Implementing the Law of People's Republic of China (PRC) Municipality on the Protection of Consumer Rights and Interests

Article 1 These Measures are formulated in accordance with the Law of People's Republic of China (PRC) Municipality on the Protection of Consumer Rights and Interests (hereinafter referred to as the Law on the Protection of Consumer Rights and Interests) and relevant laws and regulations, and combined with the actual situation of this Municipality. Article 2 Within the administrative area of this Municipality, the rights and interests of consumers who need to buy or use commodities or receive services for their daily consumption are protected by these Measures.

Operators shall abide by these measures when providing commodities or services to consumers. Article 3 The municipal, district and county people's governments shall organize, coordinate and urge the relevant administrative departments to implement these Measures and do a good job in protecting the legitimate rights and interests of consumers.

The municipal, district and county people's governments shall support the work of consumer associations, ensure them to perform their functions according to law, and provide them with necessary funds. Article 4 Departments of industry and commerce administration, technical supervision, health, price control and commodity inspection shall, within their respective functions and duties, take effective measures to strengthen the management and supervision of operators and protect the legitimate rights and interests of consumers. Article 5 A consumer association shall perform the duties stipulated in the Law on the Protection of Consumers' Rights and Interests, and perform the following duties:

(1) Publicizing laws and regulations protecting consumers' rights and interests, and raising consumers' awareness of self-protection according to law;

(2) Soliciting and collecting consumers' opinions, feeding back information on the quality of goods and services to operators, and making suggestions to relevant departments;

(three) according to the provisions of the state, to participate in the inspection and evaluation of the quality of goods and services by relevant departments, and to select high-quality goods and services;

(four) to cooperate with the administrative departments to investigate and deal with matters that harm the legitimate rights and interests of consumers;

(five) to cooperate with relevant departments or industry associations to formulate standards to ensure the quality of goods and services. Article 6 The mass media should do a good job in safeguarding the legitimate rights and interests of consumers, and expose and criticize acts that harm the legitimate rights and interests of consumers.

No unit or individual may interfere with or suppress true reports about protecting the legitimate rights and interests of consumers. Article 7 When engaging in business activities, an operator shall hang a business license in a prominent position in the business premises, indicating its real name and logo.

Organizers of trade fairs and lessors of counters shall supervise exhibitors and counter users to hang their business licenses in accordance with regulations, and indicate their real names and signs. Article 8 An operator shall not commit any of the following fraudulent acts when providing commodities or services:

(a) adulterated, shoddy goods, sales of expired and deteriorated goods;

(2) Counterfeiting other people's registered trademarks, quality certification marks and famous brand marks, forging the place of origin of goods, and fraudulently using the unique name, packaging and decoration of well-known goods and other people's factory names and addresses;

(3) Conspiring with others to sell deceptive goods or induce services;

(four) to sell goods in the form of short feet and less scales;

(5) selling commodities explicitly eliminated by the state or commodities that should be inspected and quarantined but not inspected and quarantined;

(6) selling unqualified products, defective products and defective products as genuine products;

(seven) to make a false live demonstration of goods or services;

(eight) intentionally damage the repaired goods, replace spare parts that do not need to be replaced, and use spare parts that do not meet the technical standards;

(nine) using plain code or other means to express deceptive prices;

(ten) selling goods or providing services by means of false descriptions, standards and samples;

(eleven) publishing false advertisements or information to deceive and mislead consumers;

(twelve) other fraudulent acts that damage the rights and interests of consumers. Article 9 Business operators shall not force the sale of commodities or the provision of services, nor shall they force consumers to accept matched commodities or other unreasonable conditions. Article 10 The goods provided by shops shall be clearly marked, and the marked prices must be clear, true and eye-catching. Eleventh operators to provide goods or services, the state and the city have a warranty, replacement, return (hereinafter referred to as the "three guarantees") period, it should be implemented in accordance with the provisions. If there is an agreement between the operator and the consumer, it shall be handled in accordance with the agreement, but if there is a "three guarantees" period stipulated by the state and this Municipality, the agreed period shall not be lower than that stipulated by the state and this Municipality.

The "three guarantees" period for replacing goods shall be calculated from the date of replacement. Article 12 If the quality of the commodities provided by business operators does not meet the standards, they shall repair, replace or return them according to the quality standards within the "three guarantees" period or the period agreed with consumers, and shall not charge consumers any fees.

Operators shall not repair goods for more than 30 days at a time. If it still can't be used normally after two repairs, it should be replaced or returned for consumers free of charge, and compensate consumers for the losses caused by the delayed use according to 5% of the price of the commodity sales certificate. Thirteenth operators to repair, replace, return large goods, should bear the "three guarantees" period of transportation and other reasonable expenses. The catalogue of bulk commodities is published by the municipal administrative department for industry and commerce. Article 14 If the quality of the goods provided by the business operator does not meet the standard and should be returned, if the price drops, the purchase price shall be refunded at the original price; When the price rises, the payment will be refunded according to the new price. Fifteenth consumers and business operators in dispute, need to test and identify the quality of goods or services, by the specialized agencies agreed by both parties to test and identify; If the two sides cannot reach an agreement, it shall be designated by the department accepting the case. If the inspection and appraisal results prove that the quality of goods or services does not meet the standards, the inspection and appraisal fees shall be borne by the operators; If the quality of goods or services meets the standards, the expenses for inspection and appraisal shall be borne by consumers.

If a consumer suffers personal or property damage when purchasing goods or receiving services, and the quality of the goods or services is difficult to detect and identify, and the operator cannot provide no-fault evidence, he shall bear the responsibility.