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Chapter 7 Legal Responsibilities of Sichuan Province Consumer Rights Protection Regulations

Article 60 If an operator violates the provisions of these Regulations and causes damage to the legitimate rights and interests of consumers, it shall comply with the "Consumer Rights and Interests Protection Law of the People's Republic of China" and other relevant laws, regulations and The provisions of these Regulations bear corresponding civil liability; if a crime is constituted, the judicial authorities shall investigate criminal liability in accordance with the law.

Article 61: If a dispute arises over the quality of goods or services and testing and identification are required, consumers and operators may conduct testing and identification according to mutual agreement.

If the two parties cannot reach an agreement on testing and identification, the Consumer Rights Protection Committee or the administrative department that accepts complaints or appeals shall entrust a testing agency with corresponding qualifications to conduct testing and identification. The cost of testing and identification shall be paid in advance by the operator, and will ultimately be borne by both parties in proportion to their responsibilities.

If the quality of goods or services is difficult to detect or authenticate, the operator shall bear the burden of proving that he is not at fault. If the operator cannot prove it, he shall bear the corresponding responsibility.

Article 62: If a consumer suffers personal injury or property loss due to the use of goods or receipt of services, the operator shall bear corresponding liability for compensation in accordance with the law.

If consumers suffer personal or property damage due to product defects, they may demand compensation from the seller or the manufacturer. If it is the responsibility of the producer, the seller has the right to recover compensation from the producer after making compensation. If it is the responsibility of the seller, the producer has the right to recover compensation from the seller after making compensation.

If a consumer’s legitimate rights and interests are damaged as a result of receiving services, the operator shall compensate; if the operator is not responsible, the operator shall seek compensation from the responsible party.

Article 63 If ??a consumer suffers personal or property damage while purchasing or selling goods or receiving services at a commodity trading market, trade fair, or rental counter, the operator of the commodity trading market, organizer of the trade fair, or counter shall Lessors have the obligation to assist consumers in obtaining compensation; due to the operator of goods or services withdrawing from the market, the expiration of the leased counter, or the end of a trade fair, consumers may demand compensation from market operators, counter lessors, and trade fair organizers. After compensation is made, if the responsibility of the relevant operators falls upon them, they will then seek compensation from the relevant operators.

If an enterprise that damages the legitimate rights and interests of consumers is divided or merged, the enterprise that assumes its rights and obligations after the change shall bear liability for compensation.

Article 64: If a business operator violates the provisions of Article 15 of these Regulations and causes mental damage to consumers, the operator shall stop the infringement, restore its reputation, eliminate the impact, apologize, and give mental compensation according to the circumstances. Damages.

Article 65: If an operator commits fraud in providing goods or services, he shall increase compensation according to the requirements of consumers. The amount of increased compensation shall be double the price of the goods purchased by the consumer or the cost of services received. If the operator promises to increase the amount of compensation more than double, the commitment shall be deemed valid.

Article 66 If the administrative department and its relevant units violate laws and regulations and force consumers to purchase goods or receive services, or specify purchases of goods or services, consumers have the right to refuse and refuse Delivery charges. If consumers are forced to purchase goods or receive services, resulting in personal or property damage to consumers, the administrative department and its relevant units and providers of goods and services shall bear liability for compensation in accordance with the law.

Article 67: Operators shall implement the mediation agreement or administrative decision reached by both parties, and shall not unreasonably delay or refuse unreasonably under the following circumstances.

(1) Operators do not implement or do not fully implement the "Three Guarantees" provisions;

(2) Sell goods with substandard quality, provide services that do not meet standards, or Selling goods that are passed off as good or genuine and refusing to return, replace, or re-provide services according to specifications;

(3) Selling or providing counterfeit trademarks of others or counterfeiting the unique names, packaging, and decoration of well-known goods Refuse to return or replace the products;

(4) Refuse to return or replace the products sold with forged origins, falsely using other people’s factory names and addresses, or forged or falsely using certification marks;

(5) Selling goods that have been explicitly eliminated by the state or goods that have expired, deteriorated, or exceeded the shelf life or shelf life and refuse to return or replace them;

(6) Using advertisements, product manuals, physical samples or other Methods: Make misleading and false propaganda about the quality, performance, purpose, and validity period of the goods or services provided, and refuse to return or replace them;

(7) The quantity of goods sold is insufficient and the quantity is refused to be replenished , or refund the corresponding part of the payment; refuse to make up for the insufficient content of the service provided, or refuse to refund the corresponding fees;

(8) Violate the provisions of national laws and regulations when selling goods or providing services and overcharging Refuse to refund the fees;

(9) The operators provide services to consumers that do not comply with the provisions of national laws and regulations or the standards agreed upon by both parties and refuse to redecorate, refund or compensate for losses;

(10) The operator refuses the reasonable fees that consumers must pay for repairs, reworks, replacements, returns, replenishing quantities, refunds for goods or service fees;

(10) 1) The administrative agency sends a document to the operator requiring him to attend negotiations due to a consumer dispute, but refuses to attend within five working days without justifiable reasons.

If operators cause personal or property damage to consumers due to unreasonable refusal, unreasonable delay, etc., they shall bear corresponding liability for compensation.

Article 68 If an operator violates the provisions of these Regulations and infringes upon the legitimate rights and interests of consumers, if laws, regulations, and rules have provisions on punishment methods, such provisions shall prevail; if there are no provisions, the industrial and commercial administration shall The management department shall order correction and may, depending on the circumstances, issue a warning, confiscate the illegal income, and impose a fine of not less than one time but not more than five times the illegal income, or a fine of not more than 10,000 yuan if there is no illegal income.

Article 69: For operators who violate the provisions of Article 42 and Article 43 of these Regulations, the standard of compensation for the losses caused shall be the direct losses of consumers and the loss of available profits. Direct losses include the cost of purchasing and using agricultural production materials and receiving agricultural production technical services; the available benefits are calculated based on the average income of the previous three years in the same local planting and breeding industry under the same conditions.

Article 70: When a case of harm to consumer rights and interests occurs, if the operator's property is insufficient to pay fines and compensate for losses at the same time, he shall first bear civil liability for compensation.

Article 71: Anyone who uses threats, beatings, restrictions on personal freedom and other means to hinder the staff of administrative departments and consumer rights protection committees from performing their duties in accordance with the law and protecting the legitimate rights and interests of consumers shall be punished by the public security organs in accordance with the law. Punishment; if a crime is constituted, criminal liability shall be investigated by judicial organs in accordance with the law.

Article 72: If a staff member of a state agency neglects his or her duties, abuses his power, or engages in malpractice for personal gain, his/her unit or the superior department shall impose administrative sanctions in accordance with the law; if a crime is constituted, criminal liability shall be pursued in accordance with the law.

If staff members of the Consumer Rights Protection Committee fail to perform their duties and abuse their power for personal gain, they shall be punished accordingly by their unit or the superior authority in accordance with the law; if a crime is constituted, criminal liability shall be pursued in accordance with the law.