Full text of the Regulations on the Protection of Consumer Rights and Interests of Guangxi Zhuang Autonomous Region

Full text of the Regulations on the Protection of Consumer Rights and Interests of the Guangxi Zhuang Autonomous Region

When conducting transactions with consumers, operators shall abide by laws and regulations and follow the principles of voluntariness, equality, fairness, and good faith. Below I have carefully collected the full text of the Regulations on the Protection of Consumer Rights and Interests of the Guangxi Zhuang Autonomous Region for everyone. You are welcome to refer to it and hope it can help you!

Chapter 1 General Provisions

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Article 1 These regulations are formulated in accordance with the "Consumer Rights and Interests Protection Law of the People's Republic of China" and relevant laws and administrative regulations, and in combination with the actual conditions of this autonomous region.

Article 2 Consumers who purchase and use goods or receive services for daily consumption within the administrative area of ??this autonomous region, as well as purchase and use production materials directly used in agricultural production, shall be protected by these regulations. . If there are provisions in laws or administrative regulations, those provisions shall prevail.

Operators must comply with these regulations when providing goods or services to consumers.

Article 3 When conducting transactions with consumers, operators shall abide by laws and regulations, and follow the principles of voluntariness, equality, fairness, and good faith.

Article 4 Governments at all levels shall strengthen leadership in the protection of consumers’ rights and interests, organize, coordinate and supervise relevant departments to perform their duties of protecting consumers’ legitimate rights and interests in accordance with the law.

Relevant departments such as industrial and commercial administration, quality and technical supervision, food and drug supervision, health, and pricing of governments at or above the county level shall supervise operators in accordance with their respective responsibilities and law, and investigate and deal with illegal activities that infringe upon the legitimate rights and interests of consumers. behavior to safeguard the legitimate rights and interests of consumers.

Article 5 When governments at all levels and relevant administrative departments formulate major policies involving water supply, power supply, gas supply, telecommunications, television, transportation, medical care, education, property management, etc. that involve consumer rights and interests, they shall adopt Convene symposiums, hearings and other forms to listen to the opinions of the Consumer Rights Protection Committee and consumer representatives.

Article 6: Relevant industry associations should urge operators in the industry to standardize their operations, and the industry rules formulated should reflect the protection of the legitimate rights and interests of consumers.

The mass media should do a good job in publicity work to protect the legitimate rights and interests of consumers, and conduct public opinion supervision of behaviors that damage the legitimate rights and interests of consumers.

Any unit or individual has the right to supervise behavior that damages the legitimate rights and interests of consumers.

Article 7 No organization shall conduct social comparison or evaluation activities on goods and services without the authorization of laws and regulations or the approval of the autonomous region government.

Chapter 2 Consumers and Operators

Article 8 Consumers shall, in accordance with the provisions of the "Consumer Rights and Interests Protection Law of the People's Republic of China" and other laws and regulations, Enjoy various rights such as the right to know, the right to independently choose goods or services, the right to fair transactions, the right to compensation, the right to supervise, and the right to report and accuse.

Article 9 Consumers have the right to require that the goods or services provided by operators comply with national standards, industry standards or local standards that protect human health and personal and property safety. If there are no national, industry or local standards, they should comply with the quality, safety and hygiene requirements generally recognized by society, and there should be no unreasonable risks endangering human health and personal and property safety.

Consumers have the right to require operators to provide safe consumption places and environments.

Article 10 When operators provide goods and services, they shall issue invoices, purchase vouchers or service documents to consumers in accordance with relevant national regulations or business practices.

If consumers require operators to provide certificates of origin and charge lists, operators shall provide them and shall not refuse.

If consumers require operators to record the true status of goods or services on invoices, purchase vouchers or service documents, operators shall not refuse.

Article 11 Operators shall perform their obligations in accordance with their agreements with consumers and shall fulfill their commitments. Agreements and commitments must not violate laws and regulations.

If the content of the agreement and commitment is conducive to safeguarding the legitimate rights and interests of consumers and the requirements for the obligations of operators are higher than the mandatory provisions of laws and regulations, the agreement and commitment shall be fulfilled.

Article 12 If an operator assumes the responsibility for repair, replacement and return of goods (hereinafter referred to as "three guarantees") in accordance with the relevant regulations of the state and autonomous region, he shall provide consumers with the three guarantees certificate and Fulfill three guarantee obligations. The three-guarantee certificate should indicate the rights of consumers, the obligations of operators, and designate qualified maintenance units.

If an operator promises or makes an agreement with a consumer to bear the three-guarantee responsibility for the goods, it shall provide the three-guarantee certificate in accordance with the provisions of the preceding paragraph and perform the three-guarantee obligation in accordance with the agreement or commitment. If the agreed or promised three-guarantee period exceeds the time limit stipulated by the state or autonomous region, it shall be fulfilled in accordance with the agreement or commitment.

If the goods subject to the Three Guarantees are eligible for return or exchange, the operator shall return or exchange the goods within three days from the date of receiving the consumer’s request for return or exchange.

Article 13 If an operator assumes responsibility for returning goods in accordance with the three guarantees provisions, agreements, and commitments, the operator shall refund the payment in one lump sum according to the amount on the purchase voucher, and shall not charge depreciation fees.

If the operator assumes the responsibility for product replacement in accordance with the three guarantees provisions, agreements, and commitments, it shall replace the product with the same model and specifications for consumers free of charge. The three-guarantee period for replacement products will be recalculated from the date of replacement. If there are no products of the same model and specifications, they should be replaced with products of the same brand that have performance no less than that of the original product; if there are no products of the same model and specifications, nor products of the same brand that have performance that is no less than the original product, and the consumer requests a return, the business operator The buyer shall refund the payment in one lump sum according to the amount on the purchase voucher. If there are goods of the same model and specifications or goods of the same brand with performance no lower than the original product, and the consumer requests a return, the operator shall return the goods and charge depreciation fees according to the depreciation rate stipulated by the state; for goods with no depreciation rate stipulated by the state, Depreciation fees are charged in accordance with business practice or agreement between the parties.

If the operator assumes responsibility for repairing the goods in accordance with the three guarantees provisions, agreements, and commitments, the operator shall repair the goods within thirty days from the date of receipt of the repaired goods, and shall not charge any fees. If the product cannot be repaired within the expiration date, the operator shall replace the product with the same model and specification for the consumer; if the product still cannot be used normally after two repairs within the warranty period, the operator shall be responsible for replacement or return.

Article 14: When operators provide consumers with standard terms for the use of goods or services, the operators shall remind consumers in advance of the terms that are significantly related to the rights and interests of consumers. Operators shall not use standard clauses to make the following provisions:

(1) Exempt or partially exempt operators from legal liability for causing death or personal injury to consumers;

(2) Exempt or partially exempt the operator from liability for compensation for property losses caused to consumers due to intentional or gross negligence;

(3) Exempt or partially exempt the operator from basic contractual obligations;

(4) Exempt or partially exempt operators from the responsibilities of repairing, replacing, redoing, returning goods, replenishing the quantity of goods, refunding payment and service fees for the goods or services they provide;

(5) Providing that operators have the right to change or terminate contracts at will, and restricting consumers’ rights to change or terminate contracts in accordance with the law;

(6) Restricting consumers from choosing mediation, arbitration or filing lawsuits to resolve consumer disputes Rights;

(7) Restrict consumers’ rights to obtain liquidated damages and other reasonable compensation;

(8) Provide that consumers pay liquidated damages or damages exceeding a reasonable amount;

(9) Provide that consumers bear business risks that should be borne by operators;

(10) Provide that consumers shall not refuse to fulfill the content that operators can increase prices without authorization, but the government Except for changes in pricing or government-guided prices;

(11) Providing that operators have the unilateral right to interpret the contract;

(12) Other evasions of liability or restrictions on consumer rights regulations.

If consumers believe that operators use standard clauses to avoid responsibilities or restrict consumers’ rights, they have the right to refuse to use the standard clauses.

Auction instructions or special agreements, sales promotions, service documents, commercial advertisements, notices, statements, store notices, shopping vouchers, data messages, short messages, terms on Internet pages, etc. that meet the contract offer conditions, regarded as standard terms.

Article 15 When operators provide goods or services, they must clearly mark their prices in accordance with regulations. Clearly marked prices should be such that the price tags and price items are complete, the content of the price tag is true and clear, the handwriting is clear, and the markings are eye-catching. When prices change, they should be adjusted in a timely manner. No unspecified fees may be charged.

Operators that provide optional goods or services must obtain the consent of consumers in advance. If goods or services are provided without the consent of consumers, consumers may refuse to pay the relevant fees.

Article 16 When providing goods or services, operators shall not require consumers to provide personal information unrelated to consumption; they shall not disclose consumers’ personal information to third parties without the consent of the consumer. . Except as otherwise provided by laws and regulations.

Article 17 Operators shall provide consumers with a safe consumption environment and place, and their business premises, service facilities, store decorations, product displays, etc. shall meet the requirements for protecting the personal and property safety of consumers. . For places or business projects that may endanger personal or property safety, corresponding protective measures should be taken and conspicuous warning signs should be set up. If a consumer's personal or property is damaged due to imperfect facilities or an operator's negligence in taking precautions, the operator shall bear corresponding legal liability in accordance with the law.

Article 18 If an operator discovers that the goods or services it provides have serious defects that may still cause harm to personal or property safety even if the goods or services are used correctly, the operator shall immediately stop the sales or services and Report to the relevant administrative department. If the product has been sold, consumers must be informed immediately and the product must be recalled for repair, replacement or destruction. If services have been provided, corresponding remedial measures should be taken immediately.

The cost of product recall and service recovery shall be borne by the operator.

Article 19: The quality of goods, prizes, gifts, free services, etc. provided by operators in the form of reduced price sales, prize sales, bonuses, etc. shall ensure the quality and shall not exempt them from the responsibility for repairs and replacements. , redo and other legal liabilities.

Operators should inform consumers of defective products that do not affect performance before purchase and indicate this on the purchase voucher.

Article 20 Medical institutions and medical staff shall respect patients’ right to know and choose treatment regarding their condition, diagnosis, and treatment, and respect patients’ right to privacy. The patient's condition shall not be disclosed without the consent of the patient or his family.

Medical institutions should allow patients or their family members to access and copy inspection reports, surgical and anesthesia records, nursing records, medical orders, prescriptions and other relevant medical information.

In addition to providing emergency rescue, medical institutions should inform patients or their families in advance of the required inspection items and charging standards, as well as the functions and prices of the drugs and medical devices that need to be used. If expensive drugs or special equipment are used, the consent of the patient or his family members must be obtained in advance. After collecting medical expenses in accordance with relevant regulations, medical institutions shall list the details of the charges to the patient and issue receipts. For hospitalized patients, medical institutions shall provide them with a list of medical expenses on a daily basis.

Article 21 Commercial housing operators shall specify the address, building structure, building area, decoration standards, pricing methods, payment methods, supporting facilities, property rights management, etc. of the commercial housing in the contract to ensure that the commercial housing The quality meets national standards.

Article 22 If a commercial housing operator has one of the following circumstances and a consumer requests to check out, he shall check out the house and compensate for losses and bear other corresponding legal obligations in accordance with the provisions of the commercial housing sales contract. Responsibilities:

(1) Pre-sale commercial housing without obtaining a commercial housing pre-sale license;

(2) Mortgage or sell the house after entering into a commercial housing sales contract;

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(3) Selling commercial houses that have been sealed up or restricted from transfer according to law to consumers;

(4) Delivering commercial houses for use that have not been completed and accepted or have failed to pass the acceptance inspection; < /p>

(5) Other fraudulent acts as stipulated by laws and regulations.

Article 23 Operators engaged in residential decoration shall sign a written contract with consumers to specifically agree on the construction plan, time limit, cost, quality and environmental protection standards, quality assurance methods, warranty matters, and liability for breach of contract. etc. content. If the operator provides decoration materials, the name, specifications, environmental protection and safety indicators, grade, price, etc. of the materials must also be agreed upon in the contract. The materials must be accepted and approved by consumers.

If the operator violates the agreement and needs to rework or redo the work, the operator shall rework or redo the necessary expenses.

The operator shall provide warranty for the decoration project within two years from the date of completion acceptance.

Article 24 Operators in public service industries such as water supply, power supply, gas supply, television, postal service, telecommunications, public transportation, Internet, and other industries with monopoly status shall, in accordance with the national stipulate or agree with consumers to provide goods and services, and abide by the following provisions:

(1) Consumers shall not be restricted to purchase goods from their designated operators; shall not tie in goods or provide goods against the will of consumers; Paid services.

(2) It is not allowed to raise the charging standard or add charging items without authorization; if materials are not provided, no material fees shall be charged; the cost of laying pipes, pipelines and other public facilities shall be borne by the operator, unless otherwise provided by laws and regulations Except.

(3) If the service is suspended due to the consumer's request, no suspension fee shall be charged, except for cases where resources are occupied or additional services are required.

(4) Issue a project charge list when collecting fees.

(5) No minimum usage limit shall be specified.

(6) It is not allowed to stop providing goods or services to other users because some users fail to pay fees on time.

(7) Maintenance and overhaul of equipment shall not affect the normal operation of public services; if public services cannot be carried out normally, consumers shall be informed at least three days in advance.

(8) If the provision of goods or services is stopped due to reasons such as failure of consumers to pay fees in time, consumers shall be informed in advance and given necessary preparation time.

(9) For consumers’ complaints about quality, measurement and other issues, the reasons should be identified within seven days from the date of receipt of the complaint and the consumer should be notified; any increase in measurement that is not caused by consumer responsibility , consumers shall not be required to bear the resulting costs.

Article 25: Operators engaged in clothing laundering services shall provide services in accordance with the agreement, and indicate in the delivery voucher issued the texture, specifications, color, value and usefulness of the garments being laundered. No defects etc. If the clothing is deformed, damaged, stained, or lost, the operator shall refund the fees collected and bear corresponding liability for compensation based on the actual purchase price of the items, depreciation of the items, and other factors. If there are special requirements, operators can reach special agreements with consumers.

Article 26 Operators engaged in photography and printing services shall ensure the quality of photography and printing.

If the quality requirements are not met, the shooting and printing fees shall be refunded according to the consumer's requirements, or the shooting and printing shall be re-photographed and printed free of charge. After the operator provides services, photos, films, data stored in digital cameras, etc. shall not be retained or disseminated without authorization.

If an operator causes damage or loss to consumers’ film, negatives, digital cards, tapes, magnetic cards, etc., they shall refund the consumer’s shooting and printing fees and provide compensation.

If the photography or printing content has special value, the operator can reach a price guarantee agreement with the consumer, and the price guarantee fee shall not exceed 3% of the value insured.

Article 27 Tourism service operators shall sign written travel contracts with consumers, specifying travel routes, tourist attractions, schedules, accommodation standards, transportation, travel prices, and self-paid items , liability for breach of contract and other matters. When arranging travel shopping, the location, frequency, and time limit of shopping should be clearly stipulated in the contract, and consumers must not be forced to make purchases.

If the travel contract matters are changed, the consumer’s consent must be obtained in advance. If the operator changes the contract without authorization, adds tourist attractions, entertainment, medical care, shopping and other items or improves the standards of food, accommodation and transportation, the operator shall bear all the increased expenses and bear liability for breach of contract. Anyone who reduces the above items or lowers the standards without authorization shall refund the corresponding fees and bear liability for breach of contract.

Article 28 Food operators and catering operators shall meet the safety and hygiene conditions stipulated in food hygiene laws and regulations, and provide food to consumers in accordance with national food hygiene standards and hygiene requirements. If the food provided does not meet food hygiene standards and hygiene requirements, the operator shall provide a replacement or refund. Those who cause personal injury or other adverse consequences to consumers shall bear corresponding legal responsibilities in accordance with the law.

Article 29: Operators who sell goods through mail sales, telephone direct sales, television sales, Internet sales, etc. shall provide the operator’s name, business location, business scope, business license number, and purchase conditions. , contact information and other information, and provide goods according to the promised time limit.

If the appearance, quality, performance and use of the goods sold in the previous paragraph are inconsistent with the promises made by the operator, the consumer has the right to request a return within seven days from the date of receipt of the goods, and the operator shall within seven days The payment will be refunded to the consumer within the day, and reasonable expenses such as postage and communication fees paid by the consumer will be borne.

Article 30: Beauty and hairdressing industry operators shall use and sell materials and supplies that comply with national regulations and standards on product quality, safety and health, and inform consumers in advance of the effects achieved by beauty and hairdressing and what should be done. Things to note. If the beauty salon fails to achieve the agreed results, it shall be reworked according to the consumer's requirements or the fees collected shall be refunded. Those who cause personal injury or other adverse consequences to consumers shall bear corresponding legal responsibilities in accordance with the law.

Article 31 Employment agencies, marriage agencies, house sales and leases, study abroad, overseas labor services and other intermediary operators shall clearly display the administrative license, service items and charging standards at the business premises, and truthfully publish advertisements , provide services in accordance with laws, regulations and contractual agreements, and are not allowed to charge consumers more than the standard, provide false information or use other fraudulent means to engage in intermediary activities.

If an intermediary operator misleads consumers with false information or is unable to fulfill its commitments, it shall refund all fees paid by consumers and bear the direct economic losses incurred by consumers.

Article 32 Operators engaged in processing and repair industries shall indicate the name, quantity, item, identification code, bar code, and cost of the goods processed or repaired on the receipt issued to consumers. As well as the specifications, styles, quality requirements, required materials and pickup dates proposed by consumers, we ensure the quality of processing and repairs and on-time delivery. It is not allowed to secretly replace processed or repaired goods or raw materials and spare parts of goods, or to replace spare parts that do not need to be replaced. It is not allowed to falsely list processing or repair items or falsely report replacement spare parts, and it is not allowed to increase charging standards without authorization.

Operators shall provide warranty repairs for parts that have been processed and repaired. The warranty period shall not be less than thirty days. The warranty period shall be calculated from the date the goods are repaired and processed and delivered to consumers.

Article 33 Operators engaged in non-academic training and education services shall truthfully inform consumers of training objectives, curriculum settings, teacher status, teaching locations, charging items and standards, etc., and shall not have the following Behaviors that infringe on the legitimate rights and interests of consumers:

(1) Enrolling students without legal qualifications;

(2) Using false advertising and false teaching and living facilities to guarantee Deceiving consumers through fraudulent means such as admission to a higher education or employment;

(3) Raising fee standards or adding fee items without authorization;

(4) Lowering teaching standards and arranging services for teachers who do not have teaching qualifications or who are not qualified Teachers with professional and technical positions engage in teaching activities without providing corresponding teaching venues, equipment, and facilities;

(5) Using unfair means to force the educated to terminate early or delay their studies.

If an operator commits one of the acts mentioned in the preceding paragraph, he shall refund all or part of the tuition fees, training fees and other expenses within five days from the date when the consumer requests a refund for withdrawal from school, and shall bear other corresponding liabilities in accordance with the law. Legal liability.

Article 34 Operators of agricultural production materials shall be responsible for the quality of the agricultural production materials they operate, truthfully introduce to consumers the use effects, conditions and methods of use of agricultural production materials, and Provide written instructions. For items that may endanger the personal safety of users and the safety of crop growth, warning signs should be set up in prominent locations on the packaging or items, and emergency rescue methods should be informed when the hazard occurs.

Operators of agricultural production materials shall not sell counterfeit and shoddy agricultural production materials, shall not use false advertisements to induce consumers to purchase agricultural production materials, shall not require consumers to purchase agricultural production materials with additional unreasonable conditions, and shall not violate after-sales policies. Service Commitment.

Agricultural production materials such as seeds, seedlings, fertilizers, pesticides, veterinary drugs, feeds, breeding livestock and poultry, or agricultural machinery sold by operators have quality problems that result in reduced production, no harvests, death of livestock and poultry, or other serious consequences. , the operator shall compensate for direct losses and loss of available profits.

Chapter 3 Consumer Rights Protection Organizations

Article 35 The consumer rights protection committees of autonomous regions, cities, and counties (districts) shall protect the legitimate rights and interests of consumers in accordance with the law.

Governments at or above the county level should support the Consumer Rights Protection Committee in performing its statutory functions, equip it with personnel suitable for the performance of its statutory functions, and include the required funds in the fiscal budget.

Article 36 The Consumer Rights and Interests Protection Committee performs the functions of the consumer association stipulated in Article 32 of the "Consumer Rights and Interests Protection Law of the People's Republic of China" and the following functions:

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(1) Promote laws and regulations that protect the legitimate rights and interests of consumers, and carry out consumer knowledge education on a compulsory basis;

(2) The quality, price, after-sales service and consumer satisfaction of goods and services Investigate, compare, analyze and comment on the opinions, and report them to relevant departments when necessary;

(3) Make suggestions to relevant industry associations and operators to protect the legitimate rights and interests of consumers, and provide advice on matters that harm the legitimate rights and interests of consumers. Report and inquire the relevant industry associations;

(4) If serious defects in goods or services are found, make rectification suggestions to the operators and report to the relevant administrative departments;

(V) ) supports consumers to apply for arbitration or file lawsuits in accordance with the law for behaviors that damage consumers’ legitimate rights and interests, and can represent an unspecified majority of consumers in filing lawsuits against behaviors that damage consumers’ rights and interests;

(6) Consumption disputes Conduct mediation;

(7) Disclose complaints and issue consumer warnings through mass media.

The Consumer Rights Protection Committee may, as needed, set up complaint points in towns, streets, shopping malls, commodity trading markets and other places where consumers are concentrated.

Article 37 The Consumer Rights Protection Committee shall strengthen its service awareness, regulate its own behavior, and shall not engage in commodity operations and for-profit services, or recommend goods and services to the society for the purpose of profit.

Chapter 4 Resolution of Consumer Disputes

Article 38 If consumers and operators adopt a conciliatory approach to resolve consumer disputes, they shall not violate the provisions of laws and regulations, and shall not damage Social public interests and the legitimate rights and interests of others.

Article 39 If a consumer requests the Consumer Rights Protection Committee to mediate a consumer dispute, the Consumer Rights Protection Committee shall decide whether to accept the request within five days from the date of receipt of the mediation request. For applications that do not fall within the scope of their functions, consumers should be notified of the reasons for inadmissibility.

After the Consumer Rights Protection Committee decides to accept the case, it shall conduct investigation and mediation within thirty days. If an agreement is reached through mediation, the Consumer Rights Protection Committee may prepare a mediation agreement at the request of both parties to the dispute; if mediation fails, the parties shall be informed of other resolution options.

Article 40 If a consumer lodges a complaint with two or more administrative departments with jurisdiction over the same consumer dispute, the administrative department that first accepts the complaint shall accept the complaint.

If the administrative department that accepts the complaint requires the cooperation of other relevant administrative departments in handling the complaint, the relevant administrative departments shall cooperate.

Article 41: When accepting consumer complaints, the administrative department may mediate at the request of the parties concerned.

Regarding consumer complaints or complaints transferred by the Consumer Rights Protection Committee and written inquiries on consumer rights matters, the administrative department shall make a decision within five days from the date of receipt of the complaint or transfer of the complaint or inquiry. Written reply.

Article 42: Consumers may file lawsuits with the People's Court in accordance with the law regarding consumption disputes.

Article 43 If there is a dispute between consumers and operators due to quality issues of goods or services that require testing or identification, testing and identification with statutory qualifications may be carried out by an agreed upon agreement between the parties or entrusted by the consumer dispute acceptance department. Appraisal agencies conduct testing and appraisal. The testing and appraisal fees will be paid in advance by the applicant for testing and appraisal, and will ultimately be borne by both parties in proportion to their responsibilities.

For goods or services that are determined to be difficult to detect or authenticate by testing and appraisal agencies, operators shall provide evidence to prove that they are not at fault. If they cannot provide evidence of no fault, they shall bear responsibility.

Article 44 If the operator cannot prove that he is not at fault for consumer disputes involving public services and the personal and property safety of consumers, the operator shall bear the responsibility.

Chapter 5 Legal Liability

Article 45 If an operator engages in any of the following acts when providing goods or services, it shall increase compensation for the losses suffered by consumers in accordance with their requirements: The amount of increased compensation shall be twice the price paid by the consumer to purchase the product or receive the service:

(1) Selling adulterated, adulterated, fake or substandard goods, Or passing off unqualified goods as qualified goods;

(2) Selling goods that have been eliminated by the state or expired, invalid or deteriorated;

(3) Selling goods that infringe the registered trademark rights of others Commodities;

(4) Selling counterfeit or fraudulently using the origin, company name and address of commodities;

(5) Selling counterfeit or fraudulently using certification marks, famous and quality marks, etc. Products with quality marks;

(6) Selling "defective products", "substandard products" and other products without explanation or falsely claiming to be genuine;

(7) The goods sold should be inspected and quarantined but are not inspected and quarantined, or the goods inspection and quarantine results documents are forged;

(8) False or other improper means are used to cause a shortage in the quantity of goods provided;

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(9) Using false or other improper means to make the measurement of the services provided untrue;

(10) Providing goods or services with additional prices, charging fees that are not marked or have no legal basis fees, or other price fraud;

(11) Providing goods or services through false advertisements, instructions, standards, samples, demonstrations, etc.;

( 12) Using counterfeit and substandard goods when providing services;

(13) Other fraudulent behaviors.

If the operator can prove that he is not at fault for the behaviors listed in items 2, 3, 4 and 5 of the preceding paragraph, he may be exempted from corresponding liability for compensation.

After operators compensate consumers in accordance with the provisions of paragraph 1 of this article, they shall not be exempted from other responsibilities that they should bear in accordance with laws and regulations.

Article 46: If an operator commits any of the following acts and the laws and regulations provide for punishment agencies and penalties, he shall be punished in accordance with the corresponding provisions; if the laws and regulations do not provide for punishment agencies and penalties , the industrial and commercial administrative department shall order correction, and may impose a warning, confiscate the illegal income, and impose a fine of not less than one time but not more than five times the illegal income, or a fine of not more than one time but not more than five times the illegal income, depending on the circumstances; if there is no illegal income, a fine of not more than 10,000 yuan shall be imposed:

(1) Intentionally delaying or unreasonably rejecting consumers’ requests for exchanges or returns;

(2) Providing optional goods or services without clearly indicating the type and quantity of the goods or services , charging standards;

(3) When providing goods or services, forcing consumers to provide personal information irrelevant to consumption, or disclosing consumers’ personal information to third parties without the consent of consumers ;

(4) Failure to take corresponding protective measures and set up prominent warning signs for sites or business projects that may endanger personal or property safety; Failure to recall defective products;

(6) Medical institutions do not collect medical fees in accordance with regulations, use expensive drugs or special equipment, and do not obtain the consent of patients or their families;

< p> (7) Operators who sell commercial housing engage in the behaviors listed in Article 22 of these Regulations;

(8) Operators in the public service industry and other businesses with exclusive status shall not Abide by the norms listed in Article 24 of these Regulations;

(9) Tourism service operators change the contract stipulations without authorization, reduce projects or lower standards without authorization;

(10) ) Intermediary operators charge consumers excessive fees, provide false information, or use other fraudulent means to conduct intermediary activities;

(11) Repair industry operators secretly replace parts or replace parts that do not need to be replaced. Parts, falsely list repair items or falsely claim to replace parts;

(12) Operators of non-academic training and education services have committed acts that infringe upon the legitimate rights and interests of consumers as listed in Article 33 of these Regulations

(13) Operators of agricultural production materials violate the provisions of Article 34 of these Regulations.

Article 47 If an operator infringes upon the legitimate rights and interests of consumers by means of insult, slander, search, restriction of personal freedom, etc., it shall cease the infringement, restore its reputation, eliminate the impact, and apologize; any consequences to consumers shall be If there is a loss, corresponding compensation shall be provided; if a crime is constituted, criminal liability shall be investigated in accordance with the law.

Article 48 If state agency staff members neglect their duties, abuse their rights, engage in corruption, or cover up operators who infringe upon the legitimate rights and interests of consumers in the work of protecting the legitimate rights and interests of consumers, their units or superiors shall be responsible for The department shall impose administrative sanctions in accordance with the law; if a crime is constituted, criminal liability shall be pursued in accordance with the law.

Article 49 If a staff member of the Consumer Rights Protection Committee fails to perform his or her duties or favors or shields an operator who infringes upon the legitimate rights and interests of consumers, the matter shall be handled by the Consumer Rights Protection Committee to which he/she belongs in accordance with the charter and relevant regulations. .

Chapter 6 Supplementary Provisions

Article 50 These Regulations shall come into effect on October 1, 2007.

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