Recently, some consumers reported to a reporter from Beiqing Daily that the clothes they bought in the live broadcast room had quality problems and wanted to return them, but the reply they got after negotiating with the merchant was that "they have already said during the live broadcast that they are all unique and slightly flawed, so they cannot be returned." So this netizen gave the merchant a bad review, but was abused by the merchant. For this reason, consumers are very confused, obviously there is a problem with the quality of the clothes, and they just put forward a reasonable demand as a consumer, why should they be personally attacked by the merchant in the end?Is this kind of non-return and non-exchange behavior really reasonable?
Phenomenon:
There are a lot of "slightly flawed" and "expiring" products in the live broadcast
Play the banner of no return and no change
A reporter from Beiqing Daily saw that in the live broadcast room of the above-mentioned consumer shopping, the anchor has been introducing clothes and guiding consumers to place orders and buy them by themselves. Behind it, there is a huge sign that reads "Unique live broadcast room, there are slight flaws, no return or exchange, rational purchase". However, the anchor did not mention that the clothes ** were flawed in the introduction, "The quality of this dress is particularly good, look at the pure wool, and the sisters who want to go to the No. 2 link to shoot directly."
In fact, there are more and more such "non-returnable, non-exchanged" live broadcast rooms on the Internet, from clothes to accessories to skin care products, either claiming "slight defects" or "clearance" and "expiration". "I've photographed clothes in a live broadcast room several times, and to be honest, some of them are okay, but some of them are really not good. Once the anchor introduced a coat, I didn't find that the button was a fake decorative button, and when I took it back, I found that I couldn't wear it at all, and told the customer service that she said that the live broadcast room was non-refundable and non-exchangeable, so I forgot it. Two or three hundred clothes, this money is spent in vain," said one consumer.
In addition to the live broadcast room, on a large e-commerce network, a reporter from Beiqing Daily searched for "no return and no exchange", and found that there are not a few such stores and goods. A reporter from Beiqing Daily immediately asked customer service, and the other party said that "**The product does not support return", and it has been noted in the title of the product link that the broken code discount is not refundable or exchanged.
A reporter from Beiqing Daily found that a protective product on an e-commerce platform was packaged and sold, marked with the words "defective products within the expiration date", "no return or exchange", and "those who mind should shoot carefully". The same is true for the jeans sold by an e-commerce company, which are not refunded or exchanged because of the welfare clearance sales. After the reporter asked customer service, he learned that these stores are because of the inventory so they choose to package sales, no return or exchange for the merchant to reduce some recent pressure and trouble, according to the merchant description of a large number of returns will have a certain impact on the sales of the store.
However, Beiqing Daily also found an interesting phenomenon, under most of the clothing, jewelry and other goods marked "no return and no exchange", there will be a label brought by the platform "7 days no reason to return", and some even indicate "return package freight". However, there are also some food and other products marked with an "expiration date", which are labeled as "not supporting 7-day no reason to return".
Platform:
It will be processed according to the actual situation
Merchant engagements may not be valid
A consumer told a reporter from Beiqing Daily that after the customer service rejected her refund application, she asked the platform for help, and after the platform's customer service intervened, she finally successfully refunded herself.
So, what is the platform's attitude towards this kind of product?
A reporter from Beiqing Daily learned from a live streaming platform that "the live streaming of goods on the platform is strictly in accordance with the provisions of the Consumer Protection Law, and for the vast majority of commodities that require "no reason for seven days", the platform will require merchants to open the service. For goods not mandated by the Consumer Protection Law, merchants can choose whether to activate the "seven-day no reason" service. If consumers have a need for return or exchange, they can negotiate with the merchant firstIf the two parties do not agree on the negotiation, the user can apply for the intervention of the platform, and the platform will deal with it according to the actual situation. ”
Another large e-commerce platform said: "If the merchant agreement is lower than the basic service standard of the platform and is not conducive to consumers, and supports consumers in accordance with the basic standards of the platform, the merchant agreement is invalid." If the merchant's agreed commitment is higher than the platform's standard, the merchant will support the consumer in accordance with the merchant's commitment. The basic service standard is 7 days no reason to return or exchange (except for a very small number of products that do not provide 7 days no reason to return or exchange). ”
Expert:
Some products can not be returned within 7 days without any reason
However, the setup process needs to be confirmed by the consumer
A reporter from Beiqing Daily saw that in 2020, the State Administration for Market Regulation issued the "Interim Measures for the Return of Goods Purchased Online for Seven Days Without Reason", which clearly stipulates that "the scope of goods and the standard of good condition of goods that are not applicable to returns" clearly stipulate that "the scope of goods and the standard of good condition of goods that are not applicable to returns" are not applicable, that is, some goods can not be returned within seven days without reason.
There are two types of goods, one is directly inapplicable, including (i) consumer-made goods;(2) Fresh and perishable commodities;(3) ** or digital goods such as audio-visual products and computer software that have been unsealed by consumers;(4) Newspapers and periodicals delivered. The other is that the seven-day no-reason return provision may not be applied after the consumer confirms at the time of purchase: (1) goods that are easy to affect personal safety or life and health after unpacking, or goods that are easy 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.
Meng Bo, a lawyer and financial commentator at Beijing Jingshi Law Firm, told reporters that according to the provisions of the Measures for the Supervision and Administration of Online Transactions, if an online transaction operator provides consumers with standard terms, notices, statements, etc., for the use of goods or services, it shall draw the attention of consumers to the content that has a major interest in consumers in a conspicuous manner, and explain it in accordance with the requirements of consumers. Liability for returns, refunds of goods and service fees, compensation for losses, etc.;Exclude or restrict provisions that are unfair or unreasonable to consumers, such as the right to repair, replace, return, compensate for losses, and obtain liquidated damages and other reasonable compensation.
In fact, the Interim Measures for the Return of Goods Purchased Online within Seven Days without Reason stipulate that "online sellers of goods shall take technical means or other measures to clearly mark the goods that are not applicable to the seven-day return without reason as provided for in Article 6 of these Measures." "For goods that comply with the provisions of Article 7 of these Measures, online sellers of goods shall set up conspicuous confirmation procedures in the necessary process for the sale of goods for consumers to confirm the single purchase. If there is no confirmation, the online seller shall not refuse to return the goods without reason within seven days. ”
A consumer said that when he bought a slightly defective product online, the store owner asked to write "don't mind" in the remarks, and confirmed that he had known that the product was defective, so he would definitely not return or exchange the product, which was "understandable". However, during an interview, a reporter from Beiqing Daily found that more store owners did not have a separate confirmation procedure, and when placing an order on some platforms, they did not set up a significant confirmation procedure.
Lai Yang, a member of the Expert Committee of the China General Chamber of Commerce and executive vice president of the Beijing Business Economics Association, said: "Defective products, expiring food, expiring skin care products and other products are not returned or exchanged, in fact, not only Chinese e-commerce, but also international merchants have such a practice." The key is that it has been expressly noted, if the merchant has made it explicit and confirmed by the consumer, and the consumer still places an order to choose, then it is indeed not allowed to return or exchange. ”
Chen Yinjiang, deputy secretary-general of the Consumer Law Research Association of the China Law Society, said: "This needs to be looked at on a case-by-case basis. Some non-returnable and non-exchangeable clauses obviously restrict the rights of consumers, because the "Consumer Rights Protection" clearly stipulates that enterprises must meet the requirements of the Product Quality Law regardless of whether they sell expiring or slightly defective goods, and if they are qualified products. Stores cannot exempt themselves from their responsibilities and obligations through this kind of 'no return and no exchange', so some goods set up such terms as non-return and non-exchange, which is unfair and unreasonable "overlord clause" for consumers. Regarding the seven-day no-reason return, depending on the nature of the sale of goods, it is understandable that some special products are not returned or exchanged with the consent of consumers during the sales process. Some products are special, but the premise is that the merchant needs to inform in advance, if the consumer confirms that he knows that he will not return or exchange and still chooses to buy, the default 'no return and no exchange' clause will be acquiesced. ”
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Text: Beijing Youth Daily reporter Wen Jing Intern Ying Yunuo.
Edited by Fan Hongwei.