Beijing, January 11 (Xinhua) According to the website of the State Administration for Industry and Commerce, on the 6 th, the State Administration for Industry and Commerce issued the "Interim Measures for the seven-day unreasonable return of goods purchased online". The "Measures" clarified the scope of goods that are not applicable to return, the standards of commodity integrity and related return procedures, and made clear punishment rules for online commodity sellers who violated the provisions of these Measures. The measures shall come into force on March 15, 2017.
The Measures clarify that the seven-day unreasonable return rule does not apply to goods ordered by consumers, fresh and perishable goods, audio-visual products downloaded online or unpacked by consumers, digital goods such as computer software, and delivered newspapers and periodicals.
The "Measures" stipulate that the seven-day unreasonable return rule may not be applied to the following commodities confirmed by consumers at the time of purchase: first, commodities that are easy to affect personal safety or life and health after unpacking, or commodities that are easy to lead to changes in commodity quality after unpacking; Second, once activated or tried, the value of the goods is derogatory; Third, the goods that are close to the shelf life and defective goods that have been clearly stated at the time of sale.
The "Measures" propose that the goods returned by consumers should 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 being in good condition. Consumers open the packaging of goods based on inspection needs, or make reasonable debugging to confirm the quality and function of goods, which does not affect the integrity of goods.
The "Measures" clarify that the use of goods beyond the needs of inspection and confirmation of the quality and function of goods, resulting in a large depreciation of the value of goods, is regarded as the goods are not in good condition.
Specific criteria include: first, food (including health food), cosmetics, medical devices, family planning supplies: the necessary disposable sealed packaging was damaged; Second, electronic and electrical appliances: unauthorized maintenance and modification, destruction and alteration of compulsory product certification marks, indicating labels, machine serial numbers, etc., with traces of appearance use that are difficult to restore to the original state, or traces of data use such as activation, authorization information and unreasonable personal use data retention; Third, clothing, shoes, hats, bags, toys, home textiles, and household categories: trademark logos were picked, logos were cut, and goods were polluted and damaged.
Regarding the return procedure, the Measures propose that consumers who choose to return goods without reason should 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.
After receiving the return notice, the online commodity seller 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 certificate.
When returning goods, consumers should return the goods themselves, accessories and gifts together. Gifts include gifts in kind, points, vouchers, coupons and other forms. If the gifts can’t be returned together, the operator can ask the consumer to pay the gift price according to the pre-marked gift price.
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 returned goods. The refund method is 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 should not specify other refund methods by themselves.
If the consumer pays the price in the form of points, vouchers, coupons, etc., the online commodity seller shall return the goods to the consumer in the corresponding form after the consumer returns the goods. If there is an agreement on the use and return of points, vouchers and coupons, such agreement can be followed.
If consumers use credit card to pay for goods and pay the handling fee, the online goods seller may not refund the handling fee. If consumers use credit card payment when purchasing goods and are exempted from handling fees by online commodity sellers, online commodity sellers can deduct handling fees when refunding.
The return price shall be subject to the price actually paid by the consumer. If part of the 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, and the refund will be more and the subsidy will be less.
The freight generated by 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 the freight when refunding.
Online commodity sellers can agree with consumers on the way to return goods, but they should not limit the way to return goods. 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.
The "Measures" propose that online trading platform providers should establish a self-discipline system for consumer dispute settlement and consumer rights protection. When consumers buy goods on the online trading platform, and 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.
The "Measures" also stipulate that online commodity sellers should establish a perfect seven-day inspection and handling procedure for goods returned without reason. Goods that can be completely returned to the initial sales state for seven days without reason can be sold again as brand-new goods; If the goods cannot be completely restored to the initial sales state for seven days without reason and are sold again, the actual situation of the goods shall be clearly marked in a significant way.
The "Measures" clarify that online commodity sellers will be punished in accordance with the relevant provisions of the Consumer Protection Law in any of the following circumstances:
First, refusing to return the goods without the confirmation of the consumers at the time of purchase, or refusing to return the goods on the grounds that the goods are not suitable for seven days without reason, or refusing to return the goods on the grounds that the consumers have unpacked and inspected them, which affects the integrity of the goods;
Second, the consumer fails to go through the return formalities for more than fifteen days from the date of receiving the consumer’s return request, or fails to provide the consumer with real and accurate return address, return contact person and other effective contact information, which makes the consumer unable to go through the return formalities;
Third, the paid commodity price has not been returned to the consumer for more than fifteen days from the date of receiving the returned commodity.
The "Measures" propose that if an online trading platform provider violates the provisions of these Measures, it fails to clearly indicate the seven-day unreasonable return rule and supporting relevant 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 between 10,000 yuan and 30,000 yuan.
Online commodity sellers who, in violation of the provisions of these measures, sell goods that cannot be completely restored to the initial state for no reason, and fail to clearly mark the actual situation of the goods in a significant way, violate other laws and administrative regulations, 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 imposed a fine of not less than 10,000 yuan but not more than 30,000 yuan.
If the provider of online trading platform refuses to assist the administrative department for industry and commerce to take measures and carry out investigations on suspected illegal acts, it shall be given a warning and ordered to make corrections; Refuses to correct, a fine of thirty thousand yuan.
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