With the vigorous development of China's e-commerce industry, everyone is becoming more and more enthusiastic about online shopping, and it is not uncommon to return and exchange goods due to quality problems, personal preferences and other reasons.
Netizen consultation:
If the product has been unpacked, can it be returned within seven days without reason?
Lawyer answers:
OK. A seven-day no-excuse return means that the consumer has the right to return the goods within seven days from the date of receipt without having to give a reason. The seven-day no-reason return protects consumers' right to regret in online shopping and strengthens the obligations and responsibilities of e-commerce operators. The goods returned by the consumer should be in good condition. If the goods can maintain the original quality and function, and the goods themselves, accessories, and trademark logos are complete, the goods are deemed to be in good condition. The fact that consumers open the packaging of the goods based on the needs of inspection, or make reasonable adjustments to confirm the quality and function of the goods, will not affect the integrity of the goods.
If the use of the commodity exceeds the needs of the inspection and confirmation of the quality and function of the commodity, resulting in a large depreciation of the value of the commodity, it shall be deemed that the commodity is not in good condition. The specific judging criteria are as follows:
1) Food (including health food), cosmetics, medical equipment, and family planning supplies: the necessary disposable sealed packaging is damaged;
2) Electronic and electrical appliances: unauthorized maintenance, alteration, destruction, alteration of compulsory product certification marks, indication stickers, machine serial numbers, etc., there are traces of appearance that are difficult to restore to the original state, or data use traces such as activation, authorization information, and unreasonable personal use data retention;
3) Clothing, shoes and hats, bags, toys, home textiles, and household furnishings: the trademark logo is removed, the logo is cut, and the goods are contaminated or damaged.
Lawyer adds:
The following items are not eligible for the seven-day no-reason return policy:
a) Consumer-made goods;
b) fresh and perishable goods;
3) ** or digital goods such as audio-visual products and computer software that are unsealed by consumers;
4) Newspapers and periodicals delivered.
The seven-day no-reason return rule may not apply to the following goods confirmed by the consumer at the time of purchase:
1) Commodities that are likely to affect personal safety or life and health after unpacking, or commodities that are likely to cause changes in the quality of goods after unpacking;
2) Commodities whose value has been greatly depreciated once activated or tested;
3) Commodities that are close to the expiration date and defective goods that have been clearly indicated at the time of sale.
Legal basis] Interim Measures for the Return of Goods Purchased Online within Seven Days without Reason
Article 8: Goods returned by consumers shall be in good condition.
If the goods can maintain the original quality and function, and the goods themselves, accessories, and trademark logos are complete, the goods are deemed to be in good condition.
The fact that consumers open the packaging of the goods based on the needs of inspection, or make reasonable adjustments to confirm the quality and function of the goods, will not affect the integrity of the goods.
Profile of lawyer Zhang Mingli
Relying on the team, lawyer Zhang has adhered to the practice concept of professionalism and responsibility and integrity, and has been professionally engaged in criminal defense, economic disputes, traffic accidents and other cases, and has provided services for corporate and individual customers with his unique case-handling ideas, and has achieved good service results.