[Explanation] Running away when recharging the card?
Unable to return the product within seven days without reason due to the unpacking of the product?
…The Supreme People’s Court recently issued the “Opinions on Providing Judicial Services and Guarantees for Promoting Consumption” (hereinafter referred to as the “Opinions”), proposing a number of specific service guarantee measures to severely rectify “overlord clauses”, consumer fraud, and prepaid consumption "Routines" and other persistent illnesses in the consumer field.
Guo Xiaoming, a lawyer at Shanghai Zhonglian (Chengdu) Law Firm, believes that the publication of the "Opinions" has positive significance for the protection of the legitimate rights and interests of consumers and producers and operators.
[Concurrent] Guo Xiaoming, lawyer of Shanghai Zhonglian (Chengdu) Law Firm
The introduction of the "Opinions" regulates some behaviors that infringe on the legitimate rights and interests of consumers in daily consumption from the level of judicial judgment, and it will help the development of the consumer market in the post-epidemic era, maintain market order, resolve consumer disputes, and protect consumers, producers and operators. Legal rights have a positive meaning.
Accordingly, consumers can obtain more support in accordance with the provisions of the "Opinions" in the litigation of related disputes.
[Explanation] Many consumers have encountered the situation of "running away" when recharging their cards. This time the "Opinions" clearly stipulate that the protection of consumers' rights and interests in prepaid consumption should be strengthened.
[Concurrent] Guo Xiaoming, lawyer of Shanghai Zhonglian (Chengdu) Law Firm
For prepaid consumption, the "Opinions" stipulates that if the operator fails to sign a written contract with the consumer after receiving the consumer's advance payment, which leads to disputes between the two parties over the content of the contract, the operator may rely on the transaction customs and Article 511 of the Civil Code. Determine the content of the contract.
In the event of arbitrary price increases, stores running away, etc., consumers can sue in court, requiring the merchants to bear the liability for breach of contract and punitive compensation.
[Explanation] The "Opinions" also made clear regulations for merchants who refused to return products because "the product has been unpacked and the seven-day no-reason return system does not apply".
[Concurrent] Guo Xiaoming, lawyer of Shanghai Zhonglian (Chengdu) Law Firm
The "Opinions" make it clear that consumers must unpack and inspect the goods for inspection without affecting the integrity of the goods, and e-commerce operators shall not claim that the seven-day no-reason return system does not apply on the grounds that the goods have been unpacked.
[Concurrent] Associate Professor Liu Chunsheng, Central University of Finance and Economics
I think many consumers can't see the physical goods when they buy online. If you send them to me and I can't open the package to check whether the goods meet my wishes, then the so-called "7 days no reason "Return and exchange" is "water without a source, tree without roots".
The introduction of the "Opinions" has played a very good role in protecting consumers from worries about the future.
[Explanation] Online consumption has become a common way of consumption in life. The publication of the "Opinions" provides a supplement to the legal construction under new formats such as e-commerce, and also escorts the promotion of consumption development.
[Concurrent] Guo Xiaoming, lawyer of Shanghai Zhonglian (Chengdu) Law Firm
New forms of e-commerce such as live broadcast e-commerce and online shopping products are developing rapidly and in various forms. The number of consumers involved is huge, the frequency of consumption is high, and it is difficult for consumers to protect their rights. Relevant laws and regulations are not perfect enough, and some disputes are facing difficulties In view of the embarrassing situation of Yiyi, the introduction of the "Opinions" is a necessary and good supplement, and it can also lay the foundation and provide reference for the next step of legislation.
[Concurrent] Associate Professor Liu Chunsheng, Central University of Finance and Economics
On the surface, it is to protect the interests of consumers and promote consumption. In fact, on another level, it is also a process that ensures operators can gain more trust from consumers.
It plays an escort role in stabilizing consumer expectations, stabilizing consumer confidence and promoting consumption.
Responsible editor: [Liu Xian]