Article 12 The operator to provide goods or services, shall fulfill the obligations set forth in laws and regulations.
The operator and the consumer has an agreement or the operator to the consumer commitment, in accordance with the agreement or commitment to fulfill, but the agreement or commitment to violate the provisions of laws and regulations, or detrimental to the legitimate rights and interests of consumers, except.
Article 13 The operator shall not make false publicity for goods or services or set consumer traps in business publicity and promotion, fraudulent consumers.
Operators through radio, television, newspapers, the Internet, mail order and other means of selling goods or providing services, the publicity should be consistent with its sales of goods or services provided.
Article 14 The form contracts, commercial advertisements, store notices, service guides, shopping vouchers, Internet pages, etc. drawn up by the operator contain the following contents, the contents shall be invalid:
(1) increase the obligations of consumers or make consumers assume the obligations that should be borne by the operator;
(2) exclude or limit the rights of consumers to change or terminate the contract in accordance with law
(c) excluding or limiting the right of consumers to request payment of liquidated damages or compensation for damages in accordance with law;
(d) excluding or limiting the right of consumers to choose mediation, complaint or litigation to resolve disputes in accordance with law;
(e) reducing or exempting them from civil liability for infringement of the lawful rights and interests of consumers;
(f) other unfair and unreasonable provisions for consumers. (f) Other provisions that are unfair and unreasonable to consumers.
Article 15 Operators shall hang business licenses and other administrative licenses in their business premises in accordance with the law.
Goods market organizers, fair organizers, venues and counter providers shall be in a prominent position in the business premises to publish the supervision and complaint agencies, telephone number, address, and urge the commodities market operators, exhibitors, venues and counters in the user to hang business license and other administrative permits and licenses.
Operators selling goods or providing services through radio, television, newspapers, the Internet, mail order, etc., shall inform consumers of the operator's name, business premises, business scope, business license number, purchase conditions, contact information.
Article 16 The operator shall not sell goods or provide services against the will of consumers, and shall not increase the services or impose other conditions without authorization.
The operator shall not refuse or delay the provision of goods or services to consumers without reasonable cause.
The operator shall not set a minimum amount of consumption, and shall not refuse to fulfill the legal obligations on the basis of the quantity or use of the goods purchased or services received by the consumer.
Article 17 The operator shall use qualified measuring instruments, the legal unit of measurement as the standard of settlement, to ensure the accuracy of measurement results.
The operator shall not count the packaging in the net content of goods, shall not be short of quantity, and shall not refuse to consumers to review the measurement results.
Article 18 of the operator to provide goods or services should be clearly marked, price tag price list, price tag content is true and accurate.
Operators shall not be in addition to the price of the mandatory increase in the sale of goods or services, and shall not charge any fees outside the price.
Article 19 of the operator to provide goods or services shall issue invoices to consumers, the need for warranty goods to provide warranty vouchers, and shall not be charged any fees; shall not be receipts, warranty vouchers, etc. instead of invoices.
Article 20 The operator shall provide consumers with a safe consumer environment, its business premises, service facilities, store decoration, merchandise display should be consistent with the protection of personal and property safety requirements, may endanger the safety of persons and property, warning signs should be set up, and take appropriate precautions.
Operators in the business premises to adopt security monitoring measures shall not infringe on the privacy of consumers.
Article 21 The operator finds that there are serious defects in the goods or services provided, even if the correct use of goods or services may still cause harm to personal and property safety, shall immediately stop selling goods or providing services, report to the local administration for industry and commerce and other relevant administrative departments, and through the mass media, store notices or other means to inform the consumer in a timely and effective manner. Consumers, recall the goods or services have been provided to take remedial measures.
The cost of recalling goods or remedying services shall be borne by the operator.
Article 22 The operator shall, in accordance with national and provincial regulations or with the agreement of consumers, undertake repair, replacement, return (hereinafter referred to as "three packages") or other responsibilities.
Goods in the repair responsibility period of two repairs can not be normal use, the operator shall assume the responsibility of replacement or return, and shall not charge depreciation and other costs.
The operator assumes the responsibility of replacement, should be free for consumers to exchange the same model, specifications of the goods; operators do not have the same model, specifications of the goods, the consumer may request the return of the goods, the operator shall not be charged depreciation and other costs.
The operator assumes the responsibility of the return, should be a refund of the goods, shall not charge depreciation and other costs.
Article 23 The operator shall fulfill the requirements of repairing, replacing, redoing, returning, replenishing the quantity of goods, refunding the payment for goods and services, or compensating for the losses put forward by the consumers in accordance with the laws and regulations or the agreement, and shall not intentionally delay or unreasonably refuse to do so.
The intentional delay or unreasonable refusal referred to in the preceding paragraph includes the following cases:
(1) the operator does not reply within 5 days from the date of receiving the consumer's request for fulfillment of the obligation or the notification from the relevant administrative department or consumer association to deal with the dispute;
(2) the operator fails to fulfill the promised obligation within 5 days from the date of promise to fulfill the obligation, or within the period of time agreed to by the consumer Obligations;
(C) the operator failed to fulfill the relevant administrative departments to deal with the decision or consumer associations made by the mediation agreement.
Article 24 If an operator provides prizes, gifts or free services in a promotional manner, he shall guarantee the quality and shall not be exempted from the responsibility of repairing, replacing, remaking, replenishing the quantity of goods or compensating for losses.
Article 25 When providing goods or services, operators shall not require consumers to provide personal information unrelated to consumption.
Without the consent of the consumer, the operator shall not disclose the consumer's name, gender, occupation, age, address, identity card number, education, contact information, marital status, work unit, income and property status, fingerprints, blood type, medical history and other personal information about their families to a third party or for other purposes. Where laws and regulations provide otherwise, the provisions shall apply. Article 26 In the power supply, water supply, gas supply, communications, postal services, cable television, urban public **** passenger transportation, funeral and other public utilities and other operators with exclusive status in accordance with the law, the provision of goods and services shall comply with the mandatory standards. There is no mandatory standards, should be consistent with the agreement between the parties.
Operators should be in the place of business to publicize the charges approved by law and standards, and in accordance with the publicized items and standards of charges, shall not be mandatory to collect prepayment, shall not be increased without authorization, or raise the charges. Operators to provide paid services, should obtain the consent of consumers in advance, shall not be forced to charge.
Measuring instruments used by the operator must be legal or authorized by the metrological verification institutions qualified, measuring instruments and related equipment should be regularly checked and maintained.
Operators may not restrict consumers to purchase goods or services in their designated business premises.
Article 27 of the medical institutions to provide diagnostic and treatment services, due to the use of substandard drugs, substandard medical equipment, or violation of medical management laws and regulations and diagnostic and treatment technology standards to the detriment of the legitimate rights and interests of patients, shall bear civil liability. Constitutes a medical incident, in accordance with the relevant provisions of the state.
Medical institutions and their medical staff shall not give patients the use of drugs that are not directly related to the diagnosis and treatment of care, or carry out inspections and tests that are not directly related.
Medical institutions to provide diagnosis and care services should be clear service content and charges, standards, in accordance with the standards approved by law, and to the patient issued a list of charges, standards and amount of the list, receipt or invoice. Shall not be self-supporting, decomposition of the project charges or raise the standard charges, fees charged in violation of the provisions shall be returned to the patient.
Medical institutions and their medical staff shall maintain the patient's right to receive medical services in accordance with law, the right to information, the right to privacy. Patients or their immediate family members, guardians access, copy prescription pads, hospitalization records, medical orders, test reports, surgery and anesthesia records and other medical records to provide convenience; without the consent of the patient or their immediate family members, guardians shall not disclose the patient's condition.
Article 28 of the beauty, hairdressing, health care industry operators shall use the standard service supplies, to ensure the safety of services and quality of services, and in advance to the consumer expressly or with the consumer agreed to beauty, hairdressing, health care, inform the consumer precautions. Failure to achieve the agreed effect, shall be in accordance with the requirements of the consumer to be reworked or refund the fees charged; caused personal injury to consumers and other adverse consequences, shall bear the responsibility for compensation in accordance with the law.
Article 29 Food business operators shall not operate toxic, harmful, spoiled and beyond the shelf life of food; shall not use toxic and harmful substances on food preservation, polishing, coloring, smoking and other processing and packaging.
Operators engaged in catering, entertainment, providing food and services shall meet the health and safety requirements; does not meet the health and safety requirements, causing damage to consumers, shall be compensated for the loss according to law. Operators shall indicate the price of the food and services they provide, shall not refuse consumers to bring their own alcohol, beverages to drink, and shall not charge unreasonable fees such as corkage fees.
Article 30 The operator of a commercial property shall indicate in writing to the consumer the exact address of the commercial property, the building structure, the building area, the area of the set and **** with the apportioned floor area, the standard of decoration, the external environment, the public utilities, the method of pricing, the mode of payment, the date of delivery, the property right to deal with and so on.
The operator shall not do the following:
(a) conceal the fact of not obtaining a pre-sale license for commercial properties or provide a false pre-sale license for commercial properties to pre-sell commercial properties;
(b) deliver commercial properties to be used without the completion and acceptance or unqualified acceptance;
(c) use of building and decorative materials that cause indoor environmental pollution indices to seriously Exceeds the standard;
(d) after the conclusion of the contract for the sale of commercial housing, without the consent of the buyer to mortgage the house, sold to a third party or to conceal the fact that the house sold has been mortgaged or sold for re-sale.
The operator shall be liable for breach of contract for one of the following behaviors, and the consumer shall be refunded if he/she requests to return the house:
(1) unauthorized changes in planning and design, resulting in the quality, area, structure, orientation, floor, delivery time, etc. of the commercial housing not in accordance with the contract;
(2) the external environment of the housing, as well as other ancillary facilities do not conform to the promises made by the operator. (c) Failure to complete housing and land ownership formalities for the buyer within the period agreed in the contract.
The operator shall fulfill the housing maintenance obligations stipulated by the state and agreed in the contract. In the warranty period, housing leakage, cracking and other quality defects, the operator shall bear the responsibility to repair, replacement, compensation for damages, except for consumers due to renovation or improper use.
Article 31 of the residential decoration operator shall agree in writing with the consumer decoration projects, standards, prices, quantity, quality, duration and other content, and to ensure that the quality of decoration, completed on time. Provided by the operator of decorative materials, shall agree in writing the name of decorative materials, specifications, grades, prices, quantities, etc., decorative materials should be in line with mandatory standards, there is no mandatory standards, should be in line with the agreement between the two sides.
The operator violates the agreement, shall be liable for breach of contract; must be reworked, should be completed within the re-agreed time limit for rework, rework costs borne by the operator.
Article 32 The property management operator shall fulfill the property management contract, accept the supervision of the owners of the residential area and the owners' committee, and shall not harm the interests of the owners. The owners' association shall have the right to select the property management company in accordance with the regulations; if the property management company fails to provide services in accordance with the contract, the owners' association shall have the right to terminate the contract in accordance with the law.
Article 33 is engaged in non-public welfare or non-educational education and training services operators, shall be truthful in the enrollment brochure, enrollment advertisements inform the curriculum, teacher status, learning, training locations, teaching facilities, fees and standards and other information.
If an operator does any of the following, he shall, within 10 days from the date of the withdrawal request of the educated person or his guardian, return all the fees charged and bear the liability in accordance with the law:
(1) recruiting educated persons who are not legally qualified;
(2) making false propaganda in enrollment briefings and advertisements;
(3) making false promises of guaranteed employment and other promises;
(3) making false promises of guaranteed employment and other promises; and (4) making false promises of employment and other promises. fictitious guarantee of employment and other promises to lure the educated person to receive education;
(4) arranging for personnel who do not have the appropriate teaching qualifications to engage in teaching activities;
(5) failing to provide teaching premises, teaching equipment and facilities that can guarantee personal safety and meet the requirements of teaching;
(6) forcing the educated person to terminate his/her education by improper means.
If the operator raises the fees or increases the charges without authorization, it shall refund all the fees charged within 10 days from the date when the educated person or his/her guardian requests to withdraw from the school, and if the educated person or his/her guardian does not request to withdraw from the school, he/she shall refund the overcharged fees.
Article 34 Operators engaged in the insurance business shall truthfully explain the contents of the terms and conditions of the insurance contract to the insured.
Operators and insurance brokers shall not engage in coercion, fraud, concealment or inducement in insurance activities.
The operators shall fulfill their obligations to compensate or pay insurance premiums in accordance with the provisions of laws and regulations or the contract, and shall not intentionally delay or unreasonably refuse to do so.
Article 35 The operator engaged in the tourism business shall sign a tourism contract with the consumer, agreeing on the services to be provided and the charges, and provide services in accordance with the contractual agreement on the schedule, grade standards, prices, etc., and shall not lower the standards, and shall not compel or mislead the consumer to purchase goods or accept services. Without the consent of the consumer, may not be transferred to another group, and group, may not change the contractual agreement of the tour route, travel time, sightseeing spots, transportation, food and accommodation levels, fees and charges, and may not increase or reduce the service items or lower service standards.
Article 36 of the highway passenger transport business operators, shall be charged in accordance with the standards approved by law, in accordance with the time specified in the ticket, the frequency and type of transport consumers. Without justifiable reasons shall not refuse to carry, detour, change routes, stopping midway or change vehicles. Shall not overload, midway fare increase, midway dumping passengers.
Engaged in air, rail transportation, waterway transportation operators so that consumers can not leave on time or on time arrival, shall promptly inform the consumer and in accordance with relevant provisions of the proper handling.
Article 37 of the repair, processing services, operators shall provide services in accordance with state regulations or agreed upon by both parties, delivery on time, quality assurance. Provide services, shall inform the consumer in advance of the repair, processing of parts, materials, prices, deadlines, etc., with the consent of the consumer, issued by the processing or repair of the name of the commodity, the number of items, the cost of delivery date and other content of the voucher, and then repair, processing.
The operator shall not steal parts or replace parts that do not need to be replaced, and shall not list the repair items or falsely claim that the replacement parts.
The operator should be repaired parts of the repair, repair responsibility period shall not be less than 30 days; the operator promises to repair the responsibility period of more than 30 days, from its commitment. Repair responsibility period from the date of repair of goods delivered to the consumer.
Article 38 of the washing and dyeing industry operators, should be in accordance with the quality of washing and dyeing agreed with the consumer, the way, price, time, specific requirements, etc., to provide services, can be agreed in writing the value of washing and dyeing and compensation standards. Resulting in the loss of washing and dyeing, damage, string dyeing, pollution, deformation and other circumstances, the operator shall return the fees charged and bear the responsibility for compensation.
Article 39 The operator engaged in photography, printing industry, shall provide services in accordance with the quality, quantity, price, time and so on agreed with the consumer, and all the photographs, negatives, data materials delivered to the consumer. If the photographs taken or developed do not meet the quality requirements, they shall be refunded or reworked free of charge at the request of the consumer.
The operator caused by the consumer film, film damage or loss, shall refund the consumer printing costs, and in accordance with the price of damaged or lost film, film, 10 times to be compensated.
The operator causes damage to or loss of consumer data, shall refund the consumer printing, production costs, and according to the printing, production costs of three to five times to be compensated.
Consumers and operators of special value of film, negatives, data materials to reach a guaranteed price in advance of the printing, production agreement, the guaranteed fee shall not exceed 1% of the guaranteed amount; the operator to provide services that do not meet the agreed requirements, in accordance with the agreed amount of the guaranteed amount of compensation for the consumer's losses.
Article 40 talent, labor, marriage, study abroad, housing and other intermediary service operators, shall agree with consumers on the content of the service, fees, breach of contract, etc., shall not provide consumers with false information, shall not engage in intermediary services by means of fraud, coercion, etc., and shall not charge the consumer fees other than those agreed. Operators do not provide services in accordance with the agreement caused by consumer losses, shall refund the service fees and bear the liability according to law.
Article 41 of the thrilling entertainment program operators, shall have to protect the personal safety of consumers, technical conditions, service equipment, necessary rescue facilities and personnel, and develop emergency plans.