New regulations for 7-day no-reason returns for online shopping in 2017

The "Interim Measures for the Return of Goods Purchased Online without Reason within Seven Days" will be officially implemented on March 15, 2017, detailing the "Return without Reason within Seven Days" system stipulated in the Consumer Law. Below I have compiled the new 7-day no-reason return standards for online shopping in 2017. Welcome to read.

New rules for 7-day no-reason returns for online shopping in 2017

New rules for 7-day no-reason returns for online shopping will be implemented and will not apply to these types of goods

? Crazy shopping Did you regret selling the medicine afterwards? Every year after various shopping seasons, there are always "hand-picking people" around you who sigh like this. As a result, a wave of returns was inevitable. However, during the return process, it often happens that consumers and merchants have different opinions, making the problem difficult to solve.

Starting from March 15, the "Interim Measures for the Seven-Day Return of Goods Purchased Online without Reason" (hereinafter referred to as the "Measures") issued by the State Administration for Industry and Commerce will be officially implemented.

The "Measures" clarify and detail controversial issues such as the scope of unreasonable returns for online purchases and the standards for product integrity. ?Which products can be returned? Which cannot be returned? Who should bear the return shipping costs? What about points and gifts? The methods are clearly stipulated to avoid lawsuits between consumers and merchants. It is also easier for us to operate during mediation. ?Zhou Lijuan, deputy secretary-general of Ningbo Consumer Protection Committee, said. Interpretation of the new 7-day no-reason return rule for online shopping in 2017

Seven categories of goods are not applicable to "seven-day no-reason return"

For online shopping experts, "seven-day no-reason return" is not applicable. Not unfamiliar. Online shopping platforms such as Taobao, NetEase Kaola and JD.com have already made the promise of "worry-free returns" or "no-reason returns". However, in actual operation, some online stores refuse for various reasons.

Mr. Zhang purchased a set of celadon tea sets online last year. The difference between the fresh pink-green color in the picture and the blue-gray color in his hands is not ordinary. ?The merchant clearly stated that there is no reason to return the product within seven days, but as soon as he mentioned the return, the other party immediately changed his face and blamed it. The color difference was normal, and it was a problem with the lighting angle. In short, he would not refund the product. ?Mr. Zhang said.

The reporter looked at the online shopping complaint cases reported by the Reporting and Complaints Center of the Ningbo Municipal Market Supervision Bureau last year and found that although the number has dropped significantly compared with the previous two years, there are still complaints from citizens about the difficulty of returning goods, with the focus focusing on laptop computers. , mobile phones and other products.

Previously, the consumer law also clarified the obligation of merchants and platforms to return goods within seven days without reason. However, merchants have a lot to say on how to determine whether the product is intact and whether it will affect secondary sales. ?Zhou Lijuan said that the "Measures" explained that the "goods are in good condition". In addition, the rules that do not apply to unreasonable returns and exchanges for online purchases have been adjusted, clarifying that four categories of goods are not applicable to unreasonable returns.

These four categories of products that are not eligible for unreasonable returns are:

Products customized by consumers; fresh and perishable products; audio and video products downloaded online or unpacked by consumers; Digital goods such as computer software; delivered newspapers, periodicals, etc.

In addition, the "Measures" also clarifies three categories of goods that are not subject to the 7-day no-reason return rule as confirmed by consumers at the time of purchase:

The nature of the goods may change after being opened, Commodities that affect personal safety or life and health, such as unsealed cosmetics, unsealed food and health products, family planning supplies and personal care products, etc.; Commodities that have greatly depreciated in value once activated or tried out, including mobile phones and mobile phones that generate authorization or activation information. Computers, digital products, etc.; products that are nearing the shelf life and defective products that have been clearly stated at the time of sale.

?Seven days? refers to counting from the day after the receipt.

When it comes to online shopping returns, the reporter conducted a small survey in WeChat Moments.

There are two main questions: Is it convenient to return online shopping? What are the small bugs (loopholes) in the return process? More than 10 partners who participated in the discussion said that it is very convenient to return goods as long as you shop on a large platform, but Three people also questioned: 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 discounts Vouchers, and some platforms can use consumption points to deduct the value of goods.

However, merchants do not return non-cash payment vouchers when processing returns. This "Measures" clearly stipulates that if consumers pay for goods in the form of points, vouchers, coupons, etc., online product sellers should return the goods in the corresponding form after the consumers return the goods.

Regarding the specific operation of unreasonable returns for online shopping, the "Measures" clearly stipulates the time for returns and refunds. Among them, "seven days" refers to the calculation starting from the day after the receipt; the merchant will return the price within seven days from the date of receipt of the returned goods, and the return shipping fee shall be borne by the consumer.

The "Measures" also clarifies the principle of secondary sales: unreasonable returned goods that can be completely restored to the initial sales state can be sold again as brand new goods; If there is a reason to return the goods and sell them again, the actual condition of the goods should be clearly marked in a conspicuous manner.

The reporter learned that various e-commerce platforms handle secondary sales differently. For products that qualify for secondary sales, most e-commerce companies will choose to sell them directly without any notification. There are also a few e-commerce companies that will handle it separately. For example, after Amazon takes back the returned goods, it will introduce a new sales channel, classify the goods according to the condition, and give consumers different discounts.

Market Observation

E-commerce said the new regulations have basically no impact on them?

What impact does the "Measures" have on e-commerce? Yesterday, reporters interviewed the industry People found that very few merchants would adjust their no-reason return rules due to the impact of the Measures.

There is basically no impact. We are among the first stores on Taobao to offer seven-day no-reason returns. As long as the clothes are not stained or damaged, even if there are no tags, the clothes are torn, buttons have fallen off, or there are brooches or belts. If there is a problem, you can basically return it. ?The proprietress of a women's clothing store opened a physical store in the High-tech Zone and also sells goods online. ?The most important thing when opening an online store is customer reviews, because if you don’t refund a small defect, it’s not cost-effective to turn around and give you a bad review. Everyone can calculate this account clearly. ?

The reporter checked Suning.com, JD.com, Taobao and other e-commerce platforms yesterday and found that the product pages were marked with "Does it support seven-day no-reason returns?" Regarding the conditions and return and exchange of seven-day no-reason returns, The rules are also explained in detail.

Previously, some lawyers believed that the e-commerce platform’s stipulation that mobile phones and computers could not be returned was an overbearing clause. This time the "Measures" are implemented, e-commerce platforms are legal as long as they are clearly marked. ?Explained Kong Demin, a lawyer from the Yinzhou District Consumer Protection Committee’s Public Welfare Lawyers Group.

Regarding the difficulty in returning electronic products purchased by consumers with appearance defects or functional defects, Kong Demin suggested that the "three guarantees" policy should be applied in this case, rather than the no-reason return clause.

The e-commerce platform has set up a special area for returned goods?

There has always been controversy over the return of returned goods into circulation for secondary sales. During the interview, the reporter learned that many merchants will resell the returned goods. In the field of digital products, some returned mobile phones will be sold as new phones after processing, reducing the losses of merchants and enterprises. However, consumers may not be aware.

The Measures have clear provisions on the secondary sale of returned goods without reason. This provision has played a role in balancing the interests of consumers and merchants, and has protected consumers’ "right to regret". Further clarity. Kong Demin said that the "Measures" clearly stipulate that unreasonable returns of goods that cannot be completely restored to their original condition must be explained clearly to consumers, otherwise it will constitute consumer fraud. ?

In addition, some scholars and citizens have suggested that each e-commerce platform should set up a "returned goods area" to give consumers the right to know; provide certain discounts to allow consumers to choose independently.

Full text of the Interim Measures for Returning Goods Purchased Online within Seven Days without Reason

Order No. 90 of the State Administration for Industry and Commerce

Interim Measures for Returning Goods Purchased Online Within Seven Days Without Reason

(Announced by Order No. 90 of the State Administration for Industry and Commerce on January 6, 2017)

Chapter 1 General Provisions

Article 1 is to protect the seven provisions of the "Consumer Rights and Interests Protection Law" These measures are formulated in accordance with the "Consumer Rights Protection Law" and other relevant laws and administrative regulations to implement the daily no-reason return regulations, protect the legitimate rights and interests of consumers, and promote the healthy development of e-commerce.

Article 2 If a consumer needs to purchase goods online for daily consumption and returns the goods within seven days from the date of receipt in accordance with the provisions of Article 25 of the "Consumer Rights Protection Law", these Measures shall apply .

Article 3 Online product sellers shall fulfill their obligation to return goods without reason within seven days in accordance with the law.

Online trading platform providers should guide and urge online product sellers on the platform to fulfill their obligation to return goods within seven days without reason, conduct supervision and inspection, and provide technical support.

Article 4 Consumers exercising their right to return goods within seven days without any reason and online product sellers fulfilling their obligation to return goods within seven days without any reason must abide by the principles of fairness, good faith and business ethics.

Article 5: Encourage online product sellers to make no-reason return commitments that are more beneficial to consumers than this method.

Chapter 2 The scope of goods and product integrity standards that are not applicable to returns

Article 6 The seven-day no-reason return rule is not applicable to the following goods:

(1 ) Products customized by consumers;

(2) Fresh and perishable products;

(3) Digital audio-visual products, computer software, etc. that are downloaded online or unpacked by consumers Commodities;

(4) Delivered newspapers and periodicals.

Article 7 The seven-day no-reason return rule does not apply to the following commodities, which are confirmed by the consumer at the time of purchase:

(1) The product may easily affect personal safety after being opened or Life and health commodities, or commodities that are likely to change in quality after being opened;

(2) Commodities whose value will depreciate greatly once activated or tried out;

(3) Products that are nearing the expiration date and defective products that have been clearly stated at the time of sale.

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

If the product can maintain its original quality and functions, and the product itself, accessories, and trademarks are complete, it is deemed to be in good condition.

Consumers opening product packaging based on inspection needs, or conducting reasonable debugging to confirm the quality and function of the product will not affect the integrity of the product.

Article 9 If the use of goods exceeds the requirements for inspecting and confirming the quality and function of the goods, resulting in a greater depreciation of the value of the goods, the goods will be deemed to be defective. The specific judgment criteria are as follows:

(1) Food (including health food), cosmetics, medical equipment, and family planning supplies: the necessary disposable sealed packaging is damaged;

(2) Electronics Electrical appliances: Unauthorized repairs and modifications, destruction or alteration of mandatory product certification marks, instruction labels, machine serial numbers, etc., with traces of appearance that are difficult to restore to their original state, or generation of activation or authorization information, unreasonable Personal usage data retention and other data usage traces;

(3) Clothing, shoes and hats, bags, toys, home textiles, household items: trademarks and logos have been removed, logos have been cut, and goods have been contaminated and damaged.

Chapter 3 Return Procedure

Article 10 Consumers who choose to return goods without reason shall send a return notice to the online product seller within seven days from the date of receipt of the goods.

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

Article 11 After receiving a return notice, online product sellers shall promptly provide consumers with true and accurate return address, return contact person, return contact number and other effective contact information.

After obtaining the above information, consumers should return the goods in a timely manner and keep the return voucher.

Article 12 When returning goods, consumers should return the goods themselves, accessories and gifts together.

Gifts include gifts, points, vouchers, coupons, etc. If the gift cannot be returned together, the operator can 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, online product sellers shall return the price paid for the goods to consumers within seven days from the date of receipt of the returned goods.

Article 14 The refund method shall be the same as the payment method for purchasing goods. If operators and consumers have other agreements, such agreement shall prevail.

If multiple methods are used to pay the price when purchasing goods, refunds should generally be made in the corresponding manner based on the actual price paid by various payment methods.

Except with the express consent of consumers, online product sellers should not designate other refund methods on their own.

Article 15 If consumers pay the price in the form of points, vouchers, coupons, etc., the online product seller shall return the goods to the consumer in the corresponding form after the consumer returns the product. If there is an agreement on the use and return of points, vouchers, and coupons, such agreement may apply.

Article 16 If a consumer uses a credit card to pay for goods and pays a handling fee, the online product seller does not need to refund the handling fee when making a refund.

If a consumer uses a credit card to pay for goods and the online product seller waives the handling fee, the online product seller can deduct the handling fee when making a refund.

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

If some products in a set or a full discount promotion are returned, resulting in the discount being no longer available, the settlement will be based on the price of each product at the time of purchase, and any excess will be refunded or compensated.

Article 18 The freight incurred by returning the goods shall be borne by the consumer in accordance with the law. If the operator and the consumer have other agreements, the agreement shall prevail.

If a consumer participates in a free shipping activity that meets certain conditions, but cannot meet the free shipping activity requirements after returning the product, the online product seller can deduct the shipping fee when making a refund.

Article 19 Online product sellers may agree with consumers on return methods, but they should not restrict consumers’ return methods.

Online product sellers can pick up the goods at their door for free, or with the consent of the consumer, they can pick up the goods at their door for a fee.

Chapter 4 Special Provisions

Article 20 Online product sellers shall take technical means or other measures to provide seven-day no-reason returns for items that are not applicable as provided in Article 6 of these Measures. Products must be clearly marked.

For products that comply with the provisions of Article 7 of these Measures, online product sellers should set up significant confirmation procedures in the necessary product sales process for consumers to confirm a single purchase. Without confirmation, online product sellers are not allowed to refuse returns without reason within seven days.

Article 21 An online trading platform provider shall enter into an agreement with the online product sellers on its platform to clarify the respective rights, obligations and responsibilities of both parties.

Article 22 Online trading platform providers shall establish and improve their platform’s seven-day no-reason return rules and supporting consumer rights protection systems in accordance with the law, and clearly display them in a prominent position on their platforms, and from Technically, it ensures that consumers can read and save conveniently and completely.

Article 23: Online trading platform providers shall establish an inspection and monitoring system for online product sellers on their platforms to fulfill their seven-day unreasonable return obligation. If any violation of relevant laws, regulations, and rules is found, Stopping measures should be taken in a timely manner and reported to the industrial and commercial administrative department where the online trading platform provider or online product seller is located. If necessary, the provision of platform services to them can be stopped.

Article 24 Online trading platform providers should establish a self-discipline system for consumer dispute settlement and consumer rights protection.

When consumers purchase goods on an online trading platform and have consumer disputes or their legitimate rights and interests are harmed due to returns, if they require the online trading platform provider to mediate, the online trading platform provider shall mediate; if consumers safeguard their rights through other channels, the online trading platform provider shall mediate. Trading platform providers should provide consumers with the real names, addresses and valid contact information of online product sellers on their platforms, and actively assist consumers in safeguarding their legitimate rights and interests.

Article 25 Online product sellers should establish a complete seven-day no-reason return product inspection and processing procedure.

, the actual condition of the goods should be clearly marked in a conspicuous manner.

Chapter 5 Supervision and Inspection

Article 26 The industrial and commercial administrative department shall strengthen the supervision and inspection of the business activities of online commodity sellers and online trading platform providers, supervise and guide It has established and improved the operator's first inquiry and first payment system for compensation, and legally fulfilled its obligation to return goods purchased online within seven days without reason.

Article 27 The industrial and commercial administrative department shall promptly accept and handle in accordance with the law complaints and reports from consumers regarding returns without reason within seven days.

Article 28 The industrial and commercial administrative departments shall, in accordance with the principles of fairness, openness and timeliness, comprehensively use suggestions, interviews, demonstrations and other methods to strengthen the performance of online product sellers and online trading platform providers. Administrative guidance on the legal obligation to return goods within seven days without reason.

Article 29: During the supervision and inspection of online commodity transactions, the industrial and commercial administrative department finds that an operator refuses to perform its seven-day obligation to return goods without reason and infringes upon the legitimate rights and interests of consumers, it shall take action in accordance with the law. Investigate and punish, and at the same time, relevant penalty information will be included in credit files and announced to the public.

Chapter 6 Legal Responsibilities

Article 30 Online product sellers violate the provisions of Articles 6 and 7 of these Measures and arbitrarily expand the scope of products that are not applicable to seven-day no-reason returns If the scope is exceeded, penalties shall be imposed in accordance with Article 56, Paragraph 1, Item (8) of the Consumer Rights Protection Law.

Article 31 If an online product seller violates the provisions of these Measures and falls under any of the following circumstances, he or she shall be subject to Article 56, Paragraph 1, Item (8) of the "Consumer Rights and Interests Protection Law" Penalties to be imposed:

(1) Without confirmation by the consumer at the time of purchase, refuse to return the product on the grounds that the product is not suitable for seven-day return without reason, or refuse to return the product on the grounds that the consumer has opened and inspected the product and that the integrity of the product has been affected. Refuse to return the goods;

(2) Failure to complete the return procedures more than fifteen days after receiving the consumer's return request, or failure to provide the consumer with a true and accurate return address and return contact person Waiting for valid contact information, causing the consumer to be unable to handle the return procedure;

(3) Failure to return the paid product price to the consumer more than fifteen days after receiving the returned product.

Article 32: Online trading platform providers violate the provisions of Article 22 of these Measures by failing to clearly display the seven-day no-reason return rule and supporting relevant systems in a prominent position on their platform, or failing to provide technical information on If it is ensured that consumers can read and save conveniently and completely, they will be warned and ordered to make corrections; if they refuse to make corrections, they will be fined not less than RMB 10,000 but not more than RMB 30,000.

Article 33 Online product sellers violate the provisions of Article 25 of these Measures by selling unreasonable returned products that cannot be fully restored to their original condition, and failing to clearly mark the actual status of the product in a conspicuous manner. In case of violation of other laws and administrative regulations, those who 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, they shall be warned, ordered to make corrections, and fined not less than RMB 10,000 but not more than RMB 30,000.

Article 34 If an online trading platform provider refuses to assist the industrial and commercial administrative department in taking measures and conducting investigations into suspected illegal acts, it shall be warned and ordered to make corrections; if it refuses to make corrections, it shall be fined not more than 30,000 yuan. fine.

Chapter 7 Supplementary Provisions

Article 35 The industrial and commercial administrative departments referred to in these Measures include market supervision and management departments that perform industrial and commercial administrative functions.

Article 36: If the goods provided by online product sellers do not meet quality requirements and consumers request returns, Article 24 of the "Consumer Rights Protection Law" and other relevant provisions shall apply.

Article 37 Operators who sell goods through television, telephone, mail order, etc. shall comply with these Measures.

Article 38 The State Administration for Industry and Commerce is responsible for the interpretation of these Measures. Article 39 These Measures shall come into effect on March 15, 2017.