Provisions on the responsibility for repairing, replacing and returning mobile phones
Article 1 In order to effectively protect the legitimate rights and interests of consumers and clarify the responsibilities and obligations of sellers, repairers and producers of mobile phone products for repair, replacement and return, these Provisions are formulated in accordance with the Product Quality Law of People's Republic of China (PRC), the Law of People's Republic of China (PRC) on the Protection of Consumers' Rights and Interests and the Regulations of People's Republic of China (PRC) Telecom.
Article 2 These Provisions are applicable to mobile phone products with wireless access function sold in People's Republic of China (PRC) (including hand-held mobile phones, car-mounted mobile phones, fixed-station phones and their accessories, see Annex 1 Three Guarantees Mobile Phone Product Catalogue).
Article 3 The principle that whoever sells mobile phone products is responsible for the three guarantees shall be implemented. The contracts concluded between the seller and the producer or supplier, the seller and the repairer, the producer or the supplier and the repairer shall not be exempted from the three guarantees responsibilities and obligations stipulated in these regulations.
Article 4 These Provisions are the most basic requirements for the implementation of three guarantees for mobile phone products. The state encourages sellers and producers to make three-guarantee commitments that are more conducive to safeguarding the legitimate rights and interests of consumers and stricter than these provisions. As an express guarantee, the promise shall be fulfilled according to law, otherwise it shall bear the responsibility according to law.
Article 5 A seller shall bear the following responsibilities and obligations:
(a) the sale of mobile phone products, should strictly implement these provisions;
(two) shall implement the system of inspection and acceptance of incoming goods;
(3) Measures shall be taken to maintain the quality of the mobile phone products sold;
(4) Sales shall meet the following requirements: 1. Unpacking inspection, correct debugging, and handing over mobile phone products to consumers; 2. Check the mobile phone main body number (IMEI serial number) and the factory serial number (batch number), product trademark and model of the network access sign and accessories; 3. Introduce the basic performance, use, maintenance and maintenance methods of the product, as well as the three-guarantee method and repairer; 4. Provide three-guarantee certificate and valid invoice. The three-guarantee certificate shall be filled in accurately and completely (see Annex 2 "Three-guarantee Certificate for Mobile Phone Goods") and stamped with the seller's seal. The valid invoice shall indicate the main engine body number (IMEI serial number), the factory serial number (batch number) of the accessories, the product trademark and model, the date of sale, the seal of the seller, the amount, etc.
(five) shall not sell mobile phone products that do not meet the statutory identification requirements, do not meet the specifications and other express performance and functions, or the product quality is unqualified; Do not sell batteries without production date;
(six) in the period of validity of the three guarantees, the mobile phone commodity fails, and the seller shall bear the responsibility of the three guarantees in accordance with these regulations, and shall not deliberately delay or unreasonably refuse;
(seven) properly handle consumer inquiries and complaints, and provide services.
Article 6 Repairers shall bear the following responsibilities and obligations:
(a) the repairer shall have a certificate issued by the maintenance qualification examination and approval agency entrusted by the competent department of industry, and the maintenance personnel shall undergo training and examination and hold relevant certificates;
(two) to undertake the free repair business within the validity period of three guarantees and the paid repair business outside the validity period of three guarantees;
(three) in order to maintain the reputation of sellers and producers, new spare parts that meet the technical requirements and quality standards of products should be used. Carefully record the fault situation before maintenance, fault treatment and quality situation after maintenance;
(four) according to the contract or agreement of the relevant repair agencies, to ensure that all repair costs and repair parts are used for repair; Accept the supervision and inspection of sellers or producers;
(five) to maintain the reserve of common maintenance parts, to ensure the normal maintenance work, and to avoid the delay of maintenance time due to the lack of parts;
(six) to deliver the repaired mobile phone products to consumers face to face, and truthfully and completely fill in the name, address, postal code, telephone number and maintenance record of the repairer on the three-guarantee certificate;
(seven) to bear the responsibility and loss caused by the fault of maintenance;
(eight) to properly handle consumer complaints and accept consumers' inquiries about the quality of goods repair.
Article 7 Producers (importers are regarded as producers) shall bear the following responsibilities and obligations:
(1) Having the certificate of telecommunication equipment access issued by the Ministry of Information Industry; The main body of the mobile phone is affixed with the sign of network access permission, and the instruction manual, certificate of conformity and three-guarantee certificate of this model product are randomly carried; The product manual shall be compiled in accordance with the national standard GB 5296. 1 General Instructions for the Use of Consumer Goods, and shall specify the functional characteristics, scope of application, usage methods, maintenance methods, precautions and warnings, and daily fault judgment. The Three Guarantees Certificate shall meet the requirements of Annex 2 "Three Guarantees Certificate for Mobile Phone Goods";
(two) to ensure that the mobile phone products meet the statutory identification requirements, meet the performance and functions expressed in the product manual, and ensure the product quality; The standby time should be clearly marked, and the production date should be clearly marked in the prominent position of the battery;
(3) A repairer with a maintenance qualification certificate suitable for the sales scale shall be established or designated to be responsible for the repair within the validity period of the Three Guarantees, and the name, address, postal code and contact telephone number of the repairer shall be provided; If the name and address of the repairer are revoked or changed, it shall be announced in time;
(four) in accordance with the provisions of the relevant maintenance agency contract or agreement, provide the maintenance expenses incurred within the validity period of the three guarantees; Maintenance expenses shall not be withheld in all aspects of product circulation, but shall be paid in full to the repairer;
(five) in accordance with the relevant repair agency contract or agreement, provide enough qualified spare parts; Ensure that spare parts that meet the technical requirements can continue to be provided within two years after the product is discontinued;
(six) in accordance with the relevant maintenance agency contract or agreement, provide necessary technical support such as maintenance software, technical data and technical training;
(seven) properly handle consumer complaints and inquiries, and provide consulting services.
Article 8 The three-guarantee period of a mobile phone host is one year. Please refer to the attachment 1 Catalogue of Mobile Phone Products with Three Guarantees for the warranty period of accessories. The validity period of the three guarantees is calculated from the date of invoice, deducting the time delayed due to repair and no accessories to repair. The last day of the validity of Three Guarantees is a legal holiday, and the day after the holiday is the last day of the validity of Three Guarantees.
Article 9 Within the validity period of the Three Guarantees, consumers have the right to repair, replace and return goods in accordance with these Provisions, and the repair, replacement and return goods shall be handled with the invoice and the Three Guarantees certificate. If the consumer loses the invoice and the three-guarantee certificate, but can provide valid evidence such as the bottom copy of the invoice or the copy of the invoice (bottom copy) to prove that the mobile phone product is within the validity period of the three guarantees, the seller, repairer and producer shall bear the responsibility of free repair and replacement in accordance with these provisions. If the consumer loses the invoice and the three-guarantee certificate, and cannot provide valid evidence such as the bottom copy of the invoice or the copy of the invoice (bottom copy), but the factory date displayed according to the main machine body number (IMEI serial number) is still within the validity period of the three guarantees, the 90th day after the factory date shall be the starting date of the validity period of the three guarantees, and the seller, repairer and producer shall be responsible for free repair in accordance with these regulations.
Article 10 Within the validity period of the three guarantees, if there is a quality problem with the mobile phone host, the repairer will repair it free of charge. The repairer shall ensure that the repaired mobile phone products can be used normally for more than 30 days.
Article 11 In case of performance failure of the mobile phone host within 7 days from the date of sale, consumers can choose to return, exchange or repair it. If the consumer requests replacement, the seller shall replace the mobile phone of the same model and specification for the consumer free of charge. If the consumer requests to return the goods, the seller shall be responsible for returning the goods for the consumer free of charge, and refund the purchase price at one time according to the invoice price.
Article 12. If the mobile phone host fails to meet the performance requirements listed in Annex 3, Performance Failure Table of Mobile Phone Products, from the 8th day to the 5th day from the date of sale, consumers can choose to exchange or repair it. If the consumer requests replacement, the seller shall replace the mobile phone host of the same model and specification for the consumer free of charge.
Article 13 If the mobile phone host still cannot work normally after two repairs within the validity period of the three guarantees, the seller shall be responsible for replacing the mobile phone host of the same model and specification for consumers free of charge according to the repair records provided by the repairer in the three guarantees certificate.
Article 14 Within the validity period of the Three Guarantees, if the mobile phone accessories such as batteries, chargers, mobile terminal cards, external wired headphones and data interface cards have performance failures listed in Annex 3 of these Provisions, the seller shall replace the accessories of the same brand, model and specification for consumers free of charge. If it still can't be used normally after being replaced twice, the seller is responsible for returning the goods for consumers free of charge, and if it is sold separately, the payment will be refunded in one lump sum at the invoice price; If it is sold together with the host, the payment will be refunded at the price of separate sales.
Fifteenth mobile phone host sent for repair can not be repaired within 7 days, the repairer shall provide spare machines to consumers free of charge, and take back the spare machines after the original machine is repaired.
Article 16. If the repairer delays the repair time due to the manufacturer's failure to provide spare parts according to the contract or agreement, and fails to repair it for more than 60 days from the date of repair, the seller shall be responsible for replacing the mobile phone host of the same model and specification for consumers free of charge based on the repair records provided by the repairer in the invoice and the three-guarantee certificate.
Article 17 If the repair time exceeds 30 days due to the repairer's own reasons, the seller shall be responsible for replacing the mobile phone host of the same model and specification for consumers free of charge based on the repair records provided by the repairer in the invoice and the three-guarantee certificate.
Article 18 If the seller meets the exchange requirements, but there are no goods of the same model and specification, and the consumer is unwilling to exchange other goods of the same model and specification and asks for a return, the seller shall be responsible for returning the goods for the consumer free of charge, and refund the payment in one lump sum at the invoice price.
Article 19 If the seller meets the exchange requirements and has mobile phone products of the same model and specification, and the consumer is unwilling to exchange the products and asks for a return, the seller shall return the products, but the depreciation fee shall be charged according to the depreciation rate specified in Annex 1 Three Guarantees Mobile Phone Product Catalogue of these Provisions. The calculation date of depreciation expense is from the date of invoice to the date of return, in which maintenance occupation and time to be repaired shall be deducted.
Article 20 When exchanging goods, new commodities shall be provided.
Twenty-first after the exchange, the validity period of the three guarantees of goods shall be recalculated from the date of exchange. The seller shall stamp the back of the invoice, indicate the date of replacement, and provide a new three-guarantee certificate.
Article 22 If a seller assumes the responsibility of returning goods or exchanging goods for consumers in accordance with these Provisions, it shall claim compensation from the responsible producers and suppliers according to law, or handle it according to the purchase and sale contract; If it is the responsibility of the repairer, it shall claim compensation from the repairer according to law, or deal with it according to the repair contract or agreement. If the producer or supplier, after making compensation according to the above provisions, is the responsibility of the repairer, it shall demand compensation from the repairer according to law, or deal with it according to the repair contract or agreement.
Twenty-third mobile phone products donated in business activities shall bear the responsibility of three guarantees in accordance with these regulations.
Twenty-fourth mobile phone products under any of the following circumstances are not subject to three guarantees, but can be repaired at a reasonable charge: (1) beyond the validity period of three guarantees; (2) There are no three-guarantee vouchers and valid invoices, except those that can prove that the mobile phone product is within the validity period of three guarantees; (three) the contents of the three-guarantee certificate are inconsistent with or altered by the physical identification of the goods; (4) Failing to use, maintain or maintain the product according to the requirements of the product instruction manual, thus causing damage; (five) the repairer who does not bear the responsibility of three guarantees dismantles and causes damage; (6) Damage caused by force majeure.
Twenty-fifth producers, sellers and repairers go bankrupt, close down, merge or split up, and bear the responsibility of three guarantees in accordance with relevant state laws and regulations.
Article 26 When a consumer has a dispute with a seller, repairer or producer due to the problem of three guarantees, he may apply for mediation to the consumer association, the mobile phone (telephone) quality complaint center of the Ministry of Information Industry, the user committee of the Quality Management Association and other relevant organizations, and the relevant organizations shall actively accept it.
Article 27 If a seller, repairer or producer fails to bear the responsibility of three guarantees in accordance with these Provisions, consumers may complain to the complaint institution of the product quality supervision department or the consumer complaint reporting center of the administrative department for industry and commerce, and the product quality supervision department or the administrative department for industry and commerce shall order it to make corrections. Where a seller, repairer or producer intentionally delays or unreasonably refuses the request for repair, replacement or return put forward by consumers, the administrative department for industry and commerce, the product quality supervision department and the telecommunications administration department of the Ministry of Information Industry shall be punished in accordance with the provisions of relevant laws and regulations and announced to the public.
Article 28 If the seller, repairer or producer fails to bear the responsibility of three guarantees in accordance with these provisions, the consumer may also reach an arbitration agreement with the seller, repairer or producer in accordance with the provisions of the Arbitration Law and apply to an arbitration institution established by the state for an award; You can also bring a lawsuit directly to the people's court.
Article 29 Where it is necessary to conduct commodity quality inspection or appraisal, it may entrust a legally recognized product quality inspection institution or a product quality supervision department at or above the provincial level to conduct product quality inspection or appraisal.
Article 30 The General Administration of Quality Supervision, Inspection and Quarantine, the State Administration for Industry and Commerce and the Ministry of Information Industry shall be responsible for the interpretation of these Provisions according to their respective functions and duties.
Article 31 These Provisions shall be implemented as of 2001115.
Legal basis: Article 23 of the Law of People's Republic of China (PRC) on the Protection of Consumers' Rights and Interests shall guarantee the quality, performance, use and expiration date of the goods or services provided by operators under the normal use of goods or services; However, consumers already know that there is a defect before buying goods or receiving services, except that the existence of the defect does not violate the mandatory provisions of the law. Where a business operator indicates the quality of goods or services by advertisements, product descriptions, physical samples or other means, it shall ensure that the actual quality of the goods or services it provides is consistent with the indicated quality. If consumers find defects in durable goods such as motor vehicles, computers, televisions, refrigerators, air conditioners, washing machines and other services provided by operators within six months from the date of accepting goods or services, and disputes arise, the operators shall bear the burden of proof for the defects.