Is it possible to justify the refusal of a vendor to refund the goods received when the rush to untangle the delivery reveals that the goods received do not correspond to description, are flawed or even cannot be used? How should consumers defend their rights? In recent days, the judges of the people's court of the tondai district of beijing have interpreted the issue of internet consumption in such a way as to help consumers defend their rights in accordance with the law。
Question: what can be done about the quality of products and what rights can be claimed
Response: first, a return, replacement or repair may be requested. In accordance with the relevant national legislation, except for goods excluded by law, such as goods ordered by the consumer, perishable, downloaded online or dismantled, digitized commodities, newspapers and periodicals delivered, the consumer has the right to apply for a return within seven days from the date of receipt of the goods, and the operator shall return the price paid by the consumer within seven days from the date of receipt of the goods returned. It was argued that there should be no justification for returning the goods within seven days, and that the cost of returning the goods should be borne by the consumer, except in circumstances such as the “freight risk” agreement with the operator。
For goods that do not meet quality requirements, the consumer has the right to apply for return within seven days of receipt. If more than seven days have elapsed since the receipt of the goods, the consumer may ask for a period of time for the “fixing, switching, returning” of the goods purchased, request the return, repair or replacement of the goods of the same type during the three packages of validity。
In addition, consumers may claim compensation. In general, where there is a quality problem with the product, the “fill-up principle” applies and consumers can claim from the operator their own losses as a direct result of the product quality problem. In exceptional cases, punitive compensation is applied when there is fraud by the merchants or when the food merchants produce or sell food that does not meet food safety standards. Subject to the mandatory provisions of the law, a business undertaking above a statutory standard may be considered as an agreement between the business and the consumer and compensation should be provided by mutual agreement。
Question: what should be done about the rejection of the offer
Response: businesses usually refuse to return goods for exchange on grounds such as “commodity has been dismantled, affecting the secondary sale of “special-priced goods, without reversing”, but such grounds are not supported by law。
Under the relevant legal provisions, the operator has a quality security obligation for the product, which requires that the goods or services be of quality, performance, use and validity under normal conditions of use. Except that the consumer knew that the goods were defective. In addition to the mandatory provisions of the law, goods such as discounts, special prices, etc. Are also entitled to “three packages” of services, and the seller is not exempt from its legal liability on the grounds that the product has been closed down。
In the case of durable goods such as motor vehicles, computers, household appliances, etc., where the consumer discovers defects within six months from the date of acceptance of the goods or services, the burden of proof is on the operator, and the consumer is required to provide only preliminary evidence of the purchase and the abnormality of the product。
The common phenomenon of “gift insecurity” is also unjustified. Free of charge does not amount to an exemption, gifts are part of the operator's product and the operator has an equal obligation to guarantee the quality of the gift。
Q: how is the amount claimed calculated
Response: in the case of fraudulent business practices, such as the sale of counterfeit and false goods, false propaganda, and concealment of material defects in the goods, a “refundable sum of three” may be claimed, i. E., the refund of the purchase price, and an increase in the amount of compensation paid to consumers for the loss suffered, i. E., by three times the price of the goods purchased by consumers。
In the area of food products, the seller produces or sells foods that do not meet food safety standards, and the consumer may, in addition to claiming damages, request payment of 10 times the price or loss of three times the compensation from the producer or operator. If the amount of compensation is less than $1,000, it is set at $1,000。
In the event of loss of other property or personal injury due to the quality of the goods, the business will be required to compensate for all actual losses, including maintenance costs, medical expenses and so forth, directly resulting from the quality of the products。
