Relevant national standards implemented from 1 may
How does offline shopping "no reason to return" work
The recommendatory national standard for after-sale services, the regulation of unjustified return services, was formally implemented on 1 may, providing recommendations on conditions for unprovoked return of goods, the return process, service supervision and evaluation. Journalists interviewed the heads of the relevant divisions of the general directorate of markets on consumer concerns。
Why is it so difficult to return the goods without reason
Q: why is it harder to return goods sold off-line (on-site) than to sell them online
Response: unjustified return of goods sold offline is difficult mainly because unprovoked return of goods purchased on the internet is mandatory and unprovoked return of goods sold offline is a “voluntary undertaking by the operator”。
Article 25 of the consumer rights protection act provides that the operator sells goods on the internet, television, telephone, mail, etc., and that the consumer has the right to return the goods within seven days from the date of receipt of the goods, without having to give reasons. It is therefore a legal obligation of the operator and a legitimate right of consumers to buy goods online for seven days without justification. At the same time, the superintendence of markets has introduced the accompanying regulation, “provisional measures for unjustified return of 7 days of online purchase of commodities”, which clearly stipulates the criteria for unprovoked return of goods, the payment of freight, the procedure for return of goods, etc., so that unprovoked return of goods for seven days is easy and implemented in practice。
Unjustified return of goods sold off-line is governed by the principle of “voluntary undertaking by the operator”. This is mainly due to the fact that in online transactions, the consumer “seen” is not necessarily “revenue” and that “unjustified return” is consistent with the patterns and characteristics of off-site transactions. In off-line transactions, consumers are able to experience and accept goods on the spot, and the unprovoked return of goods after purchase would unreasonably increase the cost to the operator. Thus, article 24 of the consumer's rights protection act makes it clear that, if the goods or services provided by the operator do not meet the quality requirements, the consumer may return the goods in accordance with state regulations and the agreement of the parties that the goods sold under the line have quality problems, and the operator's obligation to return the goods is “reasonable”。
What's to be noticed when there's no reason to return the goods
Q: how should the uncalled for return of goods on line operate
Response: in the case of ungrounded return of goods on line, the three-year programme of action for optimizing the consumption environment (2025-2027) states that “the physical store is encouraged to commit itself to unprovoked return”. Since the unprovoked return of goods under the line is a “voluntary undertaking” by the entity's commodity sales operators, the criteria, drawing on practical experience in hebei, jiangsu, anhui, shandong, sichuan and chongqing, take into account the need to safeguard the legitimate rights and interests of consumers and not to increase the burden on the operator, provide detailed recommendations on the requirements。
With regard to the range of goods to be returned without justification under the line, the operator is required to apply explicitly to the range of goods to be returned without justification in accordance with the terms of his or her business and the characteristics of the commodity to be operated, and to process the return for the consumer in accordance with the range of goods to be returned without justification. In the case of an operator who undertakes to carry out an unjustified return service, the standard requires that the operator displays the range of goods for which the promise is not justified, the content of the undertaking is not justified, in a visible location at the place of business, in the form of labels, postings, suspensions, placements, electronic screens, etc., and that the consumer is informed proactively during the sale process. Under-line operators who are eligible are encouraged to place commodities and other commodities subject to unjustified return in reasonable isolation to facilitate consumer identification。
With regard to the period of validity of the returned goods, based on the principle of voluntary undertakings, the criteria suggest that the period of validity of the ungrounded return of the goods under the line is calculated from the date on which the operator delivers the goods to the consumer, either at the time the operator undertakes or by mutual agreement between the operator and the consumer。
With regard to the means of return, the criteria suggest that consumers who choose to return goods without justification may apply to the operator for return of goods on the basis of a purchase certificate, carrying goods and accessories, gifts, warranty cards, instructions and overpacks, etc., either at the operator's door or by means of a mutually agreed return。
With regard to the return process, the criteria state that, upon receipt of a request for return, the operator shall, on the basis of an undertaking or agreement between the parties, ascertain whether the conditions for return of the goods are not justified. Remittances shall be accepted for eligibility, information shall be given on the form, time period, etc. Of the return, and refunds shall be made on the basis of an unprovoked promise of return or a mutual agreement; in case of non-conformity, the return shall not be accepted and the consumer shall be informed of the reasons for the non-admissibility。
What's the difference between online and underground regulation
Q: what is the difference between online and offline regulation of ungrounded return services
Response: from the standpoint of regulation, if the operator refuses to comply with the unprovoked obligation to return goods on the internet for seven days, he/she is ordered to correct them by the market supervisory authority or other administrative authority concerned, in accordance with the regulations of the consumer protection act, and may impose administrative penalties such as warnings, confiscation of illegal proceeds, fines, etc。
The operator is liable for civil breach of contract if he refuses to comply with the unprovoked promise to return goods sold under the line. Authorities such as market regulation may provide them with administrative guidance to comply with commitments to return goods without justification, but may not impose administrative penalties under consumer protection laws and their implementing regulations。
The code of unjustified repatriation services, which serves as a recommendatory national standard, makes it clear that the on-site sales operator shall provide the consumer with an unprovoked return service in accordance with the content of the commitment or the agreement of the parties, and that the “unjustified return” is no longer exclusive online and contributes to the further optimization of the consumer environment and to the comfort and comfort of consumers. (reporter lin liqian)
