Regulations and Measures for the Protection of Consumers' Rights and Interests in Yunnan Province

Chapter I General Provisions

Article 1

In order to protect the legitimate rights and interests of consumers, these Regulations are formulated in accordance with the Law of the People's Republic of China on the Protection of Consumers' Rights and Interests and relevant laws and regulations, combined with the actual situation of this province.

article 2

the consumers mentioned in these regulations refer to individuals and units that need to buy, use goods or receive services for daily consumption.

the operators mentioned in these regulations refer to producers, sellers and service providers who provide goods or services to consumers.

Article 3

Consumers shall enjoy all rights stipulated in the Law of the People's Republic of China on the Protection of Consumer Rights and Interests and other relevant laws and regulations. Consumers should respect the labor of business operators and exercise their rights according to law.

business operators shall perform their obligations in accordance with the law of the people's Republic of China on the protection of consumers' rights and interests and other relevant laws and regulations, and effectively protect the legitimate rights and interests of consumers.

article 4

these regulations are organized and implemented by people's governments at all levels.

the administrative department for industry and commerce and other relevant administrative departments should cooperate with each other within their respective functions and duties to protect the legitimate rights and interests of consumers according to law.

article 5

provinces, prefectures (prefectures, cities) and counties (cities, districts) shall establish consumer associations or other consumer organizations according to law. The people's governments at or above the county level shall, according to the needs of consumers' associations to perform their statutory functions, equip them with corresponding personnel and arrange necessary working funds.

people's governments at or above the county level should strengthen their leadership over consumer organizations and coordinate relevant departments to do a good job in protecting consumers' rights and interests.

Article 6

In addition to performing the duties stipulated in the Law of the People's Republic of China on the Protection of Consumers' Rights and Interests, consumers' associations shall also perform the following duties:

(1) publicizing the laws and regulations protecting consumers' rights and interests;

(2) According to consumers' feedback, conduct social surveys on the quality, price, measurement, safety, hygiene, performance and reputation of goods or services provided by operators, and announce the survey results to the society;

(3) questions that infringe upon the legitimate rights and interests of consumers may be inquired of the relevant units and operators, and the relevant units and operators shall give a reply. Refuses to reply without justifiable reasons, can be informed or disclosed through the mass media.

Chapter II Obligations of Operators

Article 7

When providing commodities or services to consumers, operators shall not have the following circumstances:

(1) Hire, instruct others or collude with others to conduct deceptive sales or service inducement;

(2) making false on-the-spot demonstrations and explanations or selling commodities by means of false sales with prizes or repayment of principal;

(3) passing off unqualified commodities or commodities and processed products that have been explicitly eliminated and prohibited from being sold by the state or province as qualified commodities;

(4) selling expired, invalid, deteriorated and contaminated commodities and other commodities that may harm consumers' personal health;

(5) price fraud by clearly marking the price or adopting false clearance price, sale price, lowest price and preferential price;

(6) the description, samples and standards of the goods or services sold and provided are inconsistent;

(7) forging the name and address of an enterprise and the origin and famous brand marks of goods, falsely using other people's names, addresses, registered trademarks, certification marks and other quality marks, or selling goods and providing services without using their real names and not indicating the name, origin, factory name and logo of goods in Chinese as required;

(8) selling livestock and poultry food that has been watered, failed to pass quarantine inspection, forged or altered quarantine marks, or selling imported goods that have not passed statutory inspection and quarantine inspection, or forging or altering the inspection and quarantine results of imported goods;

(9) defrauding consumers of prepayments without providing goods or services agreed or promised to the prepayer;

(1) making false propaganda about the goods sold and the services provided by the mass media;

(11) using measuring and pricing instruments that do not meet the statutory standards;

(12) other fraudulent acts.

article 8

business operators shall not force consumers to buy goods or receive services, nor shall they force consumers to accept unreasonable conditions stipulated by them. To provide optional goods and services, the consent of consumers shall be obtained in advance.

article 9

when providing commodities or services, business operators shall conform to the prescribed quality, quantity, safety and hygiene standards, and provide necessary warning signs, technical guidance, use demonstrations or instructions, warranty certificates, purchase certificates or service documents, and commodity inspection certificates, indicating the validity period, service items and charging prices.

Article 1

If a business operator discovers or has facts to prove that there are serious defects in the goods or services it provides, and even if the goods or services are used normally, it may still endanger the personal and property safety of consumers, it shall immediately stop selling the goods or providing the services; If the goods have been sold, emergency measures shall be taken to inform consumers, and the goods shall be recalled for repair, replacement or destruction, and the relevant administrative departments and trade associations shall be reported at the same time.

if the business operator fails to take the measures specified in the preceding paragraph, the relevant administrative department shall require the business operator to immediately suspend or stop selling the goods or providing services, and take recall measures for the sold goods.

if consumers' associations find serious defects in commodities or services, they can make corresponding suggestions to the relevant administrative departments.

article 11

if a business operator undertakes the responsibility of guaranteeing repair, replacement and return (hereinafter referred to as "three guarantees") of commodities according to the regulations or the agreement with consumers, it shall issue a certificate of three guarantees and fulfill its promise. The three-guarantee certificate shall clearly indicate the rights of consumers and the obligations of operators, and designate qualified maintenance units.

if there are quality problems with the products covered by the three guarantees, the business operators shall return, replace or repair them according to the requirements of consumers. If the time limit of the three guarantees promised by the operator exceeds the prescribed time limit, it shall be subject to the commitment of the operator.

article 12

if a business operator assumes the responsibility of returning goods according to the three guarantees, it shall refund the payment in one lump sum according to the purchase voucher.

business operators who are responsible for the replacement of goods according to the three guarantees shall exchange goods of the same model and specification for consumers free of charge. If there are no goods of the same model and specification, they shall return them according to the requirements of consumers and shall not charge any fees.

if the operator assumes the responsibility for repairing the goods according to the three guarantees, it shall repair the goods within 2 days from the date of receiving the repaired goods, and shall not charge any fees. If the goods cannot be repaired at the expiration date, the business operator shall replace the goods of the same model and specification according to the requirements of consumers.

for large-sized goods with three guarantees, operators should make a commitment to provide on-site service and be responsible for delivery to consumers. If you can't provide on-site service or be responsible for transportation as promised, you should pay reasonable expenses such as actual transportation expenses, lost time expenses and travel expenses to consumers.

article 13

the prizes, gifts and free services provided by business operators shall ensure the quality and safety, and shall not be exempted from the replacement, repair, rework and other legal responsibilities that they should bear.

article 14

business operators shall fulfill their obligations in accordance with the provisions of the state and province or according to the agreement with consumers, and shall not deliberately delay or unreasonably refuse the requests of consumers for repair, rework, replacement, improvement, return, replenishment of commodity quantity, refund of payment for goods or service fees and compensation for losses.

in any of the following circumstances, it is intentional delay or unreasonable refusal as mentioned in the preceding paragraph: (1) the business operator fails to reply within five days from the date of receiving the consumer's request to fulfill his obligations or the notice of the administrative department or consumer association to handle the dispute;

(2) the business operator fails to actually perform the promised obligations within three days after committing to perform the obligations or within the time limit agreed by the consumers;

(3) failing to perform the decision made by the administrative department or the mediation made by the consumer association on schedule.

article 15

if there are quality problems in the goods or services provided by operators, and consumers pay reasonable expenses in the process of repair, replacement, return and dispute settlement as agreed, operators shall compensate consumers for the losses.

Article 16

If the goods or services insured by an operator in an insurance company cause damage to consumers, the operator shall directly compensate the consumers for the losses; Consumers can also claim directly from the insurance company.

article 17

if a business operator sells goods by mail order, TV shopping or online shopping, it shall provide the goods to consumers as promised, and ensure that the quality and performance of the goods are consistent with the promises. If there is no commitment to the time limit for providing the goods, the goods shall be delivered within three days from the date of receiving the remittance from the consumers. If the goods sold and their quality are inconsistent with the commitments made, consumers can return them within seven days from the date of receiving the goods; The business operator shall refund the consumer's purchase money, pay the reasonable expenses incurred due to the return, and shall not deduct the refundable money on the grounds of commodity depreciation.

article 18

business operators shall provide consumers with a safe consumption environment, and shall set up conspicuous warning signs and take corresponding protective measures for places or business projects that may endanger personal and property safety.

to operate thrilling entertainment projects, we should have the technical conditions, service equipment and necessary rescue facilities to ensure the personal safety of consumers, and formulate emergency measures and safety inspection systems.

article 19

business operators engaged in processing and repairing shall specify the name, quantity, item, identification code, bar code, cost, specifications, styles, quality requirements, required materials and delivery date of the processed or repaired goods on the receipt issued to consumers, so as to ensure the quality of processing and repairing and timely delivery.

when performing the obligations specified in the preceding paragraph, the business operator shall not commit the following acts:

(1) intentionally damaging or replacing spare parts and whole pieces that do not need to be replaced;

(2) stealing raw materials, spare parts or processed or repaired goods;

(3) falsely listing processing and repair items or falsely claiming to replace spare parts;

(4) using spare parts that are genuine and shoddy;

(5) raising the charging standard without authorization.

Article 2

When providing beauty, hairdressing, fitness and other services to consumers, business operators shall clearly mark the price and charge a reasonable fee, and shall not use fake and inferior articles and equipment. If the development of beauty and beauty fails to achieve the agreed results, the business operator shall make it again free of charge or refund the collected fees according to the requirements of consumers.

medical beauty services shall be implemented in accordance with relevant state regulations.

when providing bathing services to consumers, business operators should use bathing facilities and articles that meet hygiene standards, and ensure the personal and property safety of consumers.

Article 21

Medical institutions shall provide diagnosis and treatment for patients and immediately rescue critically ill patients; Patients who cannot be diagnosed and treated due to limited scope of practice, equipment or technical conditions shall be referred in time.

medical institutions should properly keep the patient's medical records and ensure the patient's right to know about the diagnosis and treatment of the disease. Patients have the right to request to consult and copy prescription notes, hospitalization records, doctor's orders, inspection reports, operation and anesthesia records. Because of the implementation of protective medical measures, it is not appropriate for patients to know or patients cannot exercise the right to know for some reason, family members shall exercise the right to know on their behalf. Without the consent of patients or their families, medical institutions shall not disclose the patient's condition to the public.

medical institutions should ensure the authenticity of prescription notes, hospitalization records, doctor's orders, inspection reports, operation and anesthesia records.

medical institutions should collect medical expenses in accordance with the regulations, make a detailed list of pricing items and fees, and issue a certificate of fees. The fees charged in violation of regulations shall be returned to the patients.

article 22

if a medical institution provides medical treatment and nursing services, it shall bear corresponding legal responsibilities for using unqualified drugs, unqualified medical devices or violating medical management laws, regulations, rules, medical treatment and nursing norms and routines and causing personal injury to patients. If it constitutes a medical accident, it shall be handled in accordance with the Regulations on Handling Medical Accidents issued by the State Council.

in the process of diagnosis and treatment, medical institutions are not allowed to tie in drugs and other commodities unrelated to diagnosis and treatment.

Article 23

Operators engaged in the transportation of passengers and goods shall ensure the personal and property safety of passengers and shippers.

the operating vehicles shall indicate the departure time and frequency, and start on time, and shall not deliberately bypass, solicit passengers in circles, overload, refuse to carry, stop or transfer in the middle, or increase the price on the way; If the vehicle that is replaced at the beginning or midway is lower than the grade of the original vehicle, the fare difference shall be refunded to the consumer. Taxis should use the meter that has passed the test. If a taxi does not use the meter according to local regulations, passengers have the right to refuse to pay the fare.

if an airplane, train or ship cannot leave or arrive on time for some reason, the operator shall inform the consumer in time, arrange to change to another flight or refund the ticket at the original price according to the requirements of the consumer, and make proper arrangements for the accommodation and transportation of the consumer according to the regulations.

Article 24

Units and individuals engaged in vehicle performance testing and maintenance shall not force or restrict consumers to buy, use and accept commodities, accessories and services provided or designated by them; Do not deliberately make things difficult for consumers who buy and use other commodities and accessories with the same quality standards and who do not accept their unreasonable conditions or refuse to pass the testing and inspection; Shall not refuse, interrupt or reduce the commodities, accessories and services that should be provided; Shall not collect fees for testing, inspection and maintenance.

Article 25

Operators engaged in tourism services shall conclude a tourism contract with consumers, stipulating such matters as tourism routes, scenic spots, tour guide services, schedules, accommodation and entertainment standards, means of transportation, tourism prices and fees, and liabilities for breach of contract; It shall handle personal and property insurance for consumers, inform consumers of safety precautions and provide relevant explanatory materials; Arrangements for tourism and shopping shall not violate the contract and industry norms.

operators engaged in accommodation services should provide services that conform to the contract, inform consumers of matters needing attention, and ensure the personal and property safety of consumers during their stay.

if the operators engaged in tourism services and accommodation services violate the contract and add items or raise standards without authorization, the operators shall bear all the expenses arising from adding items or raising standards; If the project is reduced or the standard is lowered without authorization, the fees that should not be charged due to the reduction of the project or the standard shall be refunded.

Article 26

Operators engaged in intermediary brokerage activities shall have corresponding qualifications and operate according to law; Shall not engage in intermediary brokerage activities by means of fraud, coercion or bribery.

Article 27

Operators engaged in or providing storage services shall provide storage vouchers to consumers at the time of storage, provide services in accordance with the agreement and take good care of them.