Online purchases are not available for seven days
No reason to return? Is it legal?
Brief facts of the case
Recently, the Qingpu District Market Supervision Bureau received a clue that a clothing e-commerce retail company set up slogans such as "non-seven days no reason to return or exchange, in case of quality or size problems, please contact customer service within two days after receipt, you can provide a replacement service, and it will not be accepted after the time".
After investigation, the company often encountered consumers who chose to return the clothes after purchasing them, resulting in the first problem in the return and transportation process, and did not fully understand the relevant laws, so they chose to make this slogan statement.
Legal analysis
The conduct of the parties is an unauthorized expansion of the scope of goods that are not subject to unjustified returns, which violates Article 30 of the Interim Measures for the Return of Goods Purchased Online without Reason within Seven Days and Article 56, Paragraph 1 (8) of the Consumer Rights and Interests Protection of the People's Republic of China. The Qingpu District Market Supervision Bureau imposed an administrative penalty in accordance with the law.
"Interim Measures for the Return of Goods Purchased Online without Reason within Seven Days".
Article 6The following items are not eligible for the seven-day no-reason return policy:
1) Goods ordered by consumers;
2) fresh and perishable goods;
3) ** or digital goods such as audio-visual products and computer software that have been unsealed by consumers;
4) Newspapers and periodicals delivered.
Article 7The 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 the goods after unpacking;
2) Commodities whose value has been greatly depreciated once activated or tested;
3) Commodities that are close to their expiration date and defective goods that have been clearly indicated at the time of sale.
Article 30Where online commodity sellers violate the provisions of Articles 6 and 7 of these Measures by expanding the scope of goods that are not subject to seven-day no-reason returns without authorization, they shall be punished in accordance with the provisions of Article 56, Paragraph 1 (8) of the "Consumer Rights and Interests Protection**".
Consumer Rights and Interests Protection of the People's Republic of China**
Article 56In any of the following circumstances, in addition to bearing the corresponding civil liability, other relevant laws and regulations have provisions on the punishment organs and punishment methods, it shall be implemented in accordance with the provisions of the laws and regulations; Where laws or regulations do not provide for it, the administrative department for industry and commerce or other relevant administrative departments shall order corrections, and may give warnings, confiscation of unlawful gains, and a fine of between 1 and 10 times the amount of unlawful gains based on the circumstances, and where there are no unlawful gains, a fine of up to 500,000 RMB; and where the circumstances are serious, order a suspension of business for rectification and revoke the business license
8) Deliberately delaying or unreasonably refusing consumers' requests for repair, rework, replacement, return, replenishment of the quantity of goods, refund of payment for goods and services, or compensation for losses;
Tips
1. Operators who sell goods through the Internet or other means, except for the statutory and agreeable goods, shall ensure that consumers have the right to return the goods without reason within seven days from the date of receipt. The operator cannot exclude its statutory liability for any reason.
2. When consumers shop, if they encounter the merchant unilaterally depriving them of the right to return goods without reason within seven days, they can call 12315 in time to report to the market supervision and management department to resist the illegal business behavior of the merchant.
end
Contributed by: Qingpu District Market Supervision Bureau.
Here are the highlights.