Traditional Culture Encyclopedia - Weather inquiry - 20 17 new rules for online shopping for 7 days without reason to return goods.

20 17 new rules for online shopping for 7 days without reason to return goods.

The Interim Measures for the Seven-day Return of Goods Purchased on the Internet without Reasons was formally implemented on March 17, 2007, which refined the provisions of the Consumer Law. No reason to return it within seven days? System. The following is the new standard of 20 17 online shopping for 7 days without reason to return goods. Welcome to reading.

20 17 online shopping for 7 days has no reason to return the new regulations. Online shopping for 7 days without reason will be implemented. These kinds of goods are not applicable.

? Do you regret selling drugs after shopping spree? After various shopping seasons every year, they are always around? Chopper? Give this sigh. Therefore, a wave of regression is inevitable. However, in the process of returning goods, consumers and businesses often have their own reasons, which makes the problem difficult to solve.

On March 15, the Interim Measures for the Seven-Day Return of Goods Purchased Online (hereinafter referred to as the Measures) issued by the State Administration for Industry and Commerce was officially implemented.

The "Measures" clarified and refined the controversial issues such as the scope of unreasonable return of online shopping and the standard of commodity integrity. ? What goods can I return? What can't be returned? Who will bear the return freight? What about points and gifts? These measures are clearly stipulated to avoid litigation between consumers and enterprises. We are also easy to operate in mediation. ? Zhou Lijuan, deputy secretary general of Ningbo Consumer Protection Committee, said.

20 17 online shopping for 7 days has no reason to return it. Interpretation of the new regulations: are the seven categories of goods not applicable? Seven days without reason to return it?

For online shoppers, is there no reason to return the goods within seven days? No stranger. Taobao, Netease koala, JD.COM and other online shopping platforms have already started? Worry-free return? Or? No reason to return it? Promise. However, in practice, some online stores refused for various reasons.

Last year, Mr. Zhang bought a set of porcelain tea sets online. There is little difference between the fresh pink cyan in the picture and the blue gray in his hand. ? The merchant clearly said that there was no reason to return the goods for seven days, but when it came to returning the goods, the other party immediately turned against each other and threw a pot. It's normal to have chromatic aberration, and the light angle is wrong. In short, it is not to retreat. ? Mr. Zhang said.

The reporter checked the online shopping complaint cases of the Reporting and Complaint Center of Ningbo Municipal Market Supervision Bureau last year and found that although the number was significantly lower than that of the previous two years, there were still complaints from citizens? Is it difficult to return goods? Its focus is notebook computers, mobile phones and other products.

? Previously, the Consumer Law also clarified that merchants and platforms have the obligation to return goods for seven days without reason, but merchants have a lot to say about how to judge whether the goods are in good condition and whether it affects secondary sales. ? Zhou Lijuan said, "measures" right? The goods are in good condition? It's been explained. In addition, the regulation that online shopping is not applicable to unreasonable return is adjusted, and it is clear that four types of goods are not applicable to unreasonable return.

The four categories of goods that are not applicable for unreasonable return are:

Goods customized by consumers; Fresh perishable goods; Digital products such as audio-visual products and computer software downloaded or unpacked by consumers online; Delivered newspapers, periodicals, etc.

In addition, the "Measures" also clarified three types of goods, which can be exempted from the 7-day unreasonable return rule when confirmed by consumers at the time of purchase:

Commodities that are easy to change the nature of commodities and affect personal safety or life and health after unpacking, such as cosmetics, unopened food and health products, family planning supplies, personal items, etc.; Commodities whose value has greatly depreciated after activation or trial use, including mobile phones, computers and digital products that generate authorization or activation information; Goods near the expiration date and defective goods that have been clearly stated at the time of sale.

? Seven days? It means counting from the day after signing.

Speaking of online shopping returns, the reporter made a small survey in the WeChat circle of friends.

There are two main questions: Is it convenient to return goods online? What bugs (loopholes) are there in the process of returning goods? Many partners of 10 who participated in the discussion said that it is very convenient to return goods as long as they shop on the big platform, but three people questioned it? Is it reasonable not to refund points and vouchers?

The reporter learned that in order to attract consumers, most online shopping platforms will launch various preferential activities, such as issuing vouchers or coupons, and some platforms can use consumption points to deduct the value of goods. However, merchants do not return non-cash payment vouchers when handling returns. The Measures clearly stipulate that consumers pay for goods in the form of points, vouchers and coupons. The seller of online goods shall return the goods in a corresponding form after the consumer returns them.

On the aerobics for which there is no reason to return the goods online, the "Measures" clearly stipulate the time for returning the goods for refund. Among them? Seven days? It means counting from the day after signing; The merchant shall return the price of the returned goods within seven days from the date of receipt, and the return freight shall be borne by the consumer.

The "Measures" also clarified the principle of secondary sales: goods that can be completely restored to the initial sales state without reason can be resold as brand-new goods; If there is no reason to return the goods that cannot be completely restored to their original state and then sell them again, the actual situation of the goods shall be clearly marked in a significant way.

The reporter learned that each e-commerce platform handles secondary sales differently. For products with secondary sales conditions, most e-commerce companies choose to sell directly without any notice. There are also a few e-commerce companies that will handle it alone. For example, after Amazon takes back the return, it will introduce new sales channels and classify them according to the commodity situation, giving consumers different discounts.

Market observation

E-commerce said that the new regulations are suitable for it? Almost no effect?

What impact does the Measures have on e-commerce? Yesterday, the reporter interviewed people in the industry and found that under the influence of the Measures, few businesses would adjust the unreasonable return rules.

? Basically it doesn't matter. We are the first store in Taobao to open for seven days without reason to return goods. As long as the clothes are not dirty or damaged, even if there is no tag, the clothes are opened, the buttons are dropped, or there is something wrong with the brooch or belt, they can basically be returned. ? The proprietress of a women's clothing store opened a physical store in the high-tech zone and also sold goods online. ? The most important thing to open an online shop is customer evaluation, because it is not cost-effective to turn around and let you have a bad review without returning any defects. Anyone can figure out this account. ?

Yesterday, the reporter checked the e-commerce platforms such as Suning.cn, JD.COM and Taobao, and found that the product pages were all marked? Do you support returning goods for seven days without reason? The conditions and return rules for seven days without reason are also detailed.

? Earlier, some lawyers believed that the e-commerce platform stipulated that mobile phones and computers could not be returned, which was the overlord clause. The implementation of the "Measures" this time, the e-commerce platform is legal as long as it is clearly marked. ? Kong Demin, a lawyer of the Public Interest Lawyers Group of Yinzhou Consumer Protection Committee, explained.

For electronic products purchased by consumers, it is difficult to return them regardless of appearance defects or functional defects. Does Kong Demin suggest that this situation should apply? Three packs? Policy, not the no reason return clause.

E-commerce platform establishment? Return area?

It has been controversial that returned goods enter the circulation field for secondary sales. The reporter learned in the interview that many merchants will resell the return. In the field of digital products, some recycled mobile phones will be sold as new machines after processing, reducing the losses of businesses and enterprises. However, consumers may not know.

? The method clearly stipulates the second sale of goods returned without reason, which plays a role in balancing the interests of consumers and businesses and is harmful to consumers. The right to regret? Protection has been further clarified. ? Kong Demin said,? The "Measures" clearly stipulate that goods that cannot be completely restored to their original state without reason must be clearly explained to consumers, otherwise it will constitute consumer fraud. ?

In addition, some scholars and citizens suggested that every e-commerce platform should be established? Return area? Let consumers have the right to know; Provide certain discounts for consumers to choose independently.

The full text of Order No.90 of the State Administration for Industry and Commerce "Interim Measures for Seven-day Return of Online Shopping Goods without Reasons"

Interim Measures for Seven-day Unreasonable Return of Online Shopping Goods

(20 17 65438 10 promulgated by Decree No.90 of the State Administration for Industry and Commerce on October 6)

Chapter I General Principles

Article 1 These Measures are formulated in accordance with the Consumer Protection Law and other relevant laws and administrative regulations in order to ensure the implementation of the seven-day unreasonable return provision, protect the legitimate rights and interests of consumers and promote the healthy development of e-commerce.

Article 2 These Measures shall apply to consumers who purchase goods through the Internet for daily consumption and return them in accordance with the provisions of Article 25 of the Consumer Protection Law within seven days from the date of receipt of the goods.

Article 3 A seller of online goods shall fulfill the obligation of returning goods for seven days without reason according to law.

The online trading platform provider shall guide and urge the online commodity sellers on the platform to fulfill the obligation of returning goods for seven days without reason, conduct supervision and inspection, and provide technical support.

Article 4 Whether consumers' right to return goods for seven days without reason or sellers' obligation to return goods for seven days without reason, they should follow the principles of fairness, honesty and credit, and abide by business ethics.

Article 5 Online commodity sellers are encouraged to make unreasonable return promises that are more beneficial to consumers than these measures.

Chapter II Scope of Goods Not Applicable to Return and Standard of Goods in Good Condition

Article 6 There is no reason to return the following commodities within seven days:

(1) Commodities ordered by consumers;

(2) Fresh and perishable commodities;

(3) Digital commodities such as audio-visual products and computer software downloaded or unpacked by consumers online;

(4) newspaper delivery.

Article 7 Goods of the following nature may be exempted from being returned for seven days without reason upon confirmation by consumers at the time of purchase:

(1) Commodities that are easy to affect personal safety or life health after unpacking, or commodities that are easy to change the quality of commodities after unpacking;

(two) once activated or tried, the value of the commodity is greatly reduced;

(3) Commodities close to the shelf life and defective commodities that have been clearly stated at the time of sale.

Article 8 Goods returned by consumers shall be in good condition.

A commodity can maintain its original quality and function, and if the commodity itself, accessories and trademarks are complete, it is regarded as intact.

Consumers need to open the packaging of goods based on inspection, or make reasonable debugging to confirm the quality and function of goods, without affecting the integrity of goods.

Article 9 Where a commodity is used beyond the need to check and confirm the quality and function of the commodity, and the value of the commodity is greatly devalued, it shall be deemed that the commodity is in poor condition. The specific criteria are as follows:

(a) food (including health food), cosmetics, medical devices, family planning supplies: the necessary one-time sealed packaging is damaged;

(2) Electronic appliances: repairing, altering, destroying or altering compulsory product certification marks, indicating labels, machine serial numbers, etc. without authorization. , with traces of appearance use that are difficult to restore, or traces of data use such as activation, authorization information, and unreasonable personal use data retention;

(3) Clothing, shoes, hats, bags, toys, home textiles and household items: the trademark logo is removed, the logo is cut, and the goods are polluted or damaged.

Chapter III Return Procedure

Article 10 If consumers choose to return goods without reason, they shall send a return notice to online commodity sellers within seven days from the date of receiving the goods.

The seven-day period starts from the day after the consumer signs for the goods.

Article 11 After receiving the return notice, the seller of online goods shall provide consumers with real and accurate return address, return contact person, return contact telephone number and other effective contact information in time.

Consumers should return the goods in time after obtaining the above information, and keep the return voucher.

Twelfth consumers should return the goods themselves, accessories and gifts together.

Gifts include physical gifts, points, vouchers, coupons and other forms. If the gifts cannot be returned together, the business operator may require the consumer to pay the gift price according to the pre-marked gift price.

Article 13 If the goods returned by consumers are in good condition, the seller of online goods shall return the paid price to consumers within seven days from the date of receiving the return.

Article 14 The refund method shall be compared with the payment method of the purchased goods. Unless otherwise agreed between the operator and the consumer, such agreement shall prevail.

Where the price is paid in various ways when purchasing goods, it shall generally be refunded in corresponding ways according to the actual payment price of various payment methods.

Except with the explicit consent of consumers, online commodity sellers shall not specify other refund methods by themselves.

Fifteenth consumers pay the price in the form of points, vouchers and coupons. The seller of online goods should return the goods to consumers in a corresponding form. If there is an agreement on the use and return of points, vouchers and coupons, it can be implemented in accordance with the agreement.

Article 16 If a consumer purchases goods by credit card payment and pays the handling fee, the online commodity seller shall not refund the handling fee.

If a consumer pays with a credit card when purchasing goods and is exempted from the handling fee by the online commodity seller, the online commodity seller can deduct the handling fee when refunding.

Article 17 The return price shall be based on the price actually paid by the consumer.

If some goods in the package or full discount activities are returned, resulting in the inability to enjoy the discount, the settlement will be made according to the price of each commodity at the time of purchase, with more refunds and less subsidies.

Article 18 The freight arising from the return of goods shall be borne by consumers according to law. Unless otherwise agreed between the operator and the consumer, such agreement shall prevail.

If consumers participate in free shipping activities that meet certain conditions, but can't meet the requirements of free shipping activities after returning goods, online commodity sellers can deduct shipping costs when refunding.

Article 19 A seller of online goods may agree with consumers on the way of returning goods, but shall not restrict the way of returning goods by consumers.

Online commodity sellers can pick up the goods at home for free, or they can pick up the goods at home with the consent of consumers.

Chapter IV Special Provisions

Article 20 The seller of online commodities shall adopt technical means or other measures to make it clear that the goods stipulated in Article 6 of these Measures are not applicable to seven days without reason to return.

Online commodity sellers shall, in accordance with the provisions of Article 7 of these Measures, set up significant confirmation procedures in the necessary process of commodity sales for consumers to confirm the single purchase behavior. Without confirmation, the online commodity seller shall not refuse to return the goods for seven days without reason.

Twenty-first online trading platform providers should enter into an agreement with the online commodity sellers on their platforms, making it clear that both parties have no reason to return their respective rights, obligations and responsibilities within seven days.

Article 22 The provider of online trading platform shall establish and improve the seven-day unreasonable return rule of its platform and the relevant system for protecting consumers' rights and interests according to law, make it clear in a prominent position on its platform, and technically ensure that consumers can read and save it conveniently and completely.

Twenty-third online trading platform providers should establish an inspection and monitoring system for online commodity sellers on their platforms to perform the obligation of returning goods for seven days without reason. If violations of relevant laws, regulations and rules are found, measures shall be taken in time to stop them, and the administrative department for industry and commerce where the online trading platform provider or online commodity seller is located shall be reported, and platform services shall be stopped if necessary.

Twenty-fourth online trading platform providers should establish consumer dispute resolution and consumer rights self-discipline system. Consumers buy goods on the online trading platform, and if there is a consumption dispute or their legitimate rights and interests are damaged due to the return of goods, the online trading platform provider shall mediate; Where consumers protect their rights through other channels, the providers of online trading platforms shall provide consumers with the real names, addresses and effective contact information of online commodity sellers on their platforms, and actively assist consumers in safeguarding their legitimate rights and interests.

Twenty-fifth online commodity sellers should establish a perfect seven-day inspection and handling procedures for unreasonable returns.

Goods that have no reason to completely restore their initial sales status within seven days can be sold again as brand-new goods; If there is no reason to be unable to fully restore the initial sales status for seven consecutive days and sell it again, the actual situation of the goods shall be clearly marked in a significant way.

Chapter V Supervision and Inspection

Article 26 The administrative department for industry and commerce shall strengthen the supervision and inspection of the business behaviors of online commodity sellers and online trading platform providers, urge and guide them to establish and improve the system of asking first and paying first, and fulfill the obligation of returning online shopping goods for seven days without reason according to law.

Article 27 The administrative department for industry and commerce shall promptly accept and handle the complaints and reports of consumers about returning goods for seven days without reason.

Article 28 The administrative department for industry and commerce shall, in accordance with the principles of fairness, openness and timeliness, comprehensively use suggestions, interviews, demonstrations, etc., and strengthen the administrative guidance for online commodity sellers and online trading platform providers to fulfill their statutory obligations of returning goods for seven days without reason.

Article 29 In the supervision and inspection of online commodity trading, the administrative department for industry and commerce finds that if the operator refuses to perform the obligation of returning goods for seven days without reason and infringes on the legitimate rights and interests of consumers, it shall investigate and deal with it according to law, and at the same time record the relevant punishment information in the credit file and announce it to the public.

Chapter VI Legal Liability

Thirtieth online commodity sellers who, in violation of the provisions of Article 6 and Article 7 of these Measures, arbitrarily expand the scope of goods that are not applicable for seven days without reason shall be punished in accordance with the provisions of Item (8) of Paragraph 1 of Article 56 of the Consumer Protection Law.

Thirty-first online commodity sellers who violate the provisions of these measures and have any of the following circumstances shall be punished in accordance with the provisions of Item (8) of Paragraph 1 of Article 56 of the Consumer Protection Law:

(1) Refusing to return the goods without the confirmation of the consumer at the time of purchase, or refusing to return the goods on the grounds that there is no reason to return the goods for seven days, or refusing to return the goods on the grounds that the consumers have unpacked and inspected them;

(2) Failing to go through the return formalities for more than fifteen days from the date of receiving the consumer's request for return, or failing to provide the consumer with a true and accurate return address, return contact person and other effective contact information, which prevents the consumer from going through the return formalities;

(3) Failing to return the paid commodity price to the consumer for more than fifteen days from the date of receiving the return.

Article 32 If an online trading platform provider violates the provisions of Article 22 of these Measures, it fails to clearly state the seven-day unreasonable return rule and related supporting systems in a prominent position on its platform, or fails to technically ensure that consumers can read and save it conveniently and completely, it shall be given a warning and ordered to make corrections; Those who refuse to make corrections shall be fined 1 10,000 yuan but not more than 30,000 yuan.

Article 33 If a seller of online goods violates the provisions of Article 25 of these Measures, sells goods that cannot be completely restored to their original state without justifiable reasons, fails to clearly indicate the actual state of the goods in a conspicuous way, and violates other laws and administrative regulations, he shall be punished in accordance with the provisions of relevant laws and administrative regulations; If there are no provisions in laws and administrative regulations, it shall be given a warning, ordered to make corrections, and fined 1 10,000 yuan but not more than 30,000 yuan.

Article 34 If the provider of online trading platform refuses to assist the administrative department for industry and commerce in taking measures and investigating suspected illegal acts, it shall be given a warning and ordered to make corrections; Refuses to correct, a fine of thirty thousand yuan.

Chapter VII Supplementary Provisions

Article 35 The administrative department for industry and commerce as mentioned in these Measures includes the market supervision and management department that performs the functions of industrial and commercial administration.

Article 36 If the goods provided by online sellers do not meet the quality requirements and consumers demand to return them, Article 24 of the Consumer Protection Law and other relevant provisions shall apply.

Article 37 Business operators sell commodities by means of television, telephone and mail order. , in accordance with these measures.

Article 38 The State Administration for Industry and Commerce shall be responsible for the interpretation of these Measures. Article 39 These Measures shall come into force on March 20 15 17.

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