"Yunnan Province Consumer Rights and Interests Protection Regulations"
Chapter 1 General Provisions
Article 1
In order to protect the rights and interests of consumers For legitimate rights and interests, these regulations are formulated in accordance with the "Consumer Rights and Interests Protection Law of the People's Republic of China" and relevant laws and regulations, combined with the actual situation of this province.
Article 2
Consumers as mentioned in these Regulations refer to individuals and entities who purchase and use goods or receive services for daily consumption.
The operators referred to in these Regulations refer to producers, sellers and service providers who provide goods or services to consumers.
Article 3
Consumers enjoy various rights stipulated in the "Consumer Rights and Interests Protection Law of the People's Republic of China" and other relevant laws and regulations. Consumers should respect the labor of operators and exercise their rights in accordance with the law.
Operators shall perform their obligations in accordance with the provisions of the "Consumer Rights and Interests Protection Law of the People's Republic of China" and other relevant laws and regulations, and effectively protect the legitimate rights and interests of consumers.
Article 4
This Regulation shall be organized and implemented by the people's governments at all levels.
The industrial and commercial administrative departments and other relevant administrative departments shall cooperate with each other within the scope of their respective responsibilities to protect the legitimate rights and interests of consumers in accordance with the law.
Article 5
Provinces, prefectures (prefectures, cities), and counties (cities, districts) shall establish consumer associations or other consumer organizations in accordance with the law. People's governments at or above the county level shall equip consumer associations with corresponding personnel and arrange necessary work funds based on the needs of consumer associations to perform their statutory functions.
People’s governments at or above the county level should strengthen their leadership over consumer organizations and coordinate relevant departments to protect consumer rights and interests.
Article 6
In addition to performing the duties stipulated in the "Consumer Rights and Interests Protection Law of the People's Republic of China", consumer associations shall also perform the following duties:
(1) Promote laws and regulations that protect consumer rights and interests;
(2) Based on consumer feedback, evaluate the quality, price, measurement, safety, and hygiene of goods or services provided by operators , performance and reputation, etc., and publish the investigation results to the public;
(3) For issues involving infringement of the legitimate rights and interests of consumers, inquiries can be made to relevant units and operators, and relevant units and operators should Give a reply. Those who refuse to reply without justifiable reasons may be notified or disclosed through mass media.
Chapter 2 Obligations of Operators
Article 7
When operators provide goods or services to consumers, they shall not engage in the following circumstances:
(1) Employ, instigate others, or conspire with others to engage in deceptive sales or service inducements;
(2) Make false on-site demonstrations or explanations, or offer false prize sales or repayment of principal Selling goods through sales and other methods;
(3) Passing off as qualified goods with unqualified goods or goods and processed products that have been eliminated and prohibited from sale by national or provincial orders;
(4) Expired sales , expired, spoiled, contaminated goods and other goods that may harm consumers' personal health;
(5) Using clear price tags or adopting false clearance prices, fire sale prices, lowest prices, preferential prices, etc. Carry out price fraud;
(6) Selling goods or providing services that are inconsistent with the description, samples, and standards of the goods or services;
(7) Forging the name, address, and origin of the goods , famous and high-quality marks, falsely using other people’s names, addresses, registered trademarks, certification marks and other quality marks, or selling goods and providing services without using one’s real name and not marking the name, place of origin, factory name and logo of the goods in Chinese as required; < /p>
(8) Selling livestock and poultry food that has been filled with water, has not passed the quarantine, or has forged or altered quarantine marks, or sold imported goods that have not passed the statutory inspection and quarantine, or has forged or altered the inspection and quarantine results of imported goods. ;
(9) Defrauding consumers of advance payments without providing the agreed or promised goods and services to the advance payer;
(10) Using mass media to misrepresent the goods and services sold. False advertising of services provided;
(11) Use of measuring and pricing instruments that do not meet legal standards;
(12) Other fraudulent behaviors.
Article 8
Business operators shall not force consumers to purchase goods or receive services, nor may they force consumers to accept unreasonable conditions stipulated by them. Where optional goods and services are provided, consumers’ consent must be obtained in advance.
Article 9
When providing goods or services, operators shall comply with the prescribed quality, quantity, safety, and hygiene standards, and provide necessary warning signs, technical guidance, and usage demonstrations. Or instructions, warranty certificates, purchase vouchers or service documents, product inspection certificates, clearly stating the validity period, service items, and charging prices.
Article 10
If an operator discovers or has facts to prove that the goods or services it provides have serious defects, even if the goods or services are used normally, it may still endanger the personal and property safety of consumers. If the product has been sold, it shall immediately suspend or stop selling the product or providing the service; if the product has been sold, emergency measures shall be taken to inform consumers, and the product shall be recalled for repair, replacement or destruction. At the same time, the relevant administrative departments and industry associations shall be notified. Report.
If the operator should take the measures specified in the preceding paragraph but fails to do so, the relevant administrative departments shall require the operator to immediately suspend or stop selling the goods or providing services in accordance with the law, and take recall measures for the sold goods.
If the consumer association discovers serious defects in goods or services, it may make corresponding suggestions to the relevant administrative departments.
Article 11
If an operator assumes the responsibility for repair, replacement and return of goods (hereinafter referred to as "three guarantees") in accordance with regulations or agreements with consumers, he shall issue a Three guarantees and fulfill the promise. The three-guarantee certificate should clearly indicate the rights of consumers and the obligations of operators, and designate qualified maintenance units.
If the goods subject to the Three Guarantees have quality problems, the operator shall return, replace or repair them according to the requirements of the consumer. If the time limit for the three guarantees promised by the operator exceeds the prescribed time limit, the operator's commitment shall be followed.
Article 12
If the operator is responsible for returning the goods in accordance with the three guarantees, he shall refund the payment in one lump sum according to the purchase voucher.
If the operator assumes the responsibility for the replacement of goods in accordance with the three guarantees, it shall exchange goods of the same model and specifications for consumers free of charge. If there are no goods of the same model and specifications, it shall be replaced according to the requirements of consumers. No fees will be charged for returns.
If the operator assumes responsibility for repairing the goods in accordance with the three guarantees, it shall repair the goods within 20 days from the date of receipt of the repaired goods, and shall not charge any fees. If the goods cannot be repaired after the expiration date, the operator shall replace the goods with the same model and specifications according to the requirements of the consumer.
For large-ticket commodities subject to the Three Guarantees, operators should make a commitment to consumers to provide door-to-door service and be responsible for delivery. If it is unable to provide door-to-door service or be responsible for transportation as promised, the consumer shall be paid the actual transportation fees, work delay fees, travel expenses and other reasonable expenses.
Article 13
The prizes, gifts and free services provided by operators shall ensure the quality and safety, and shall not be exempted from the replacement, repair, redo and other responsibilities that should be borne by them. legal liability.
Article 14
Operators’ requests from consumers for repairs, redoing, replacement, improvements, returns, replenishing the quantity of goods, refunding payment for goods or service fees, and compensation for losses , obligations shall be performed in accordance with national and provincial regulations or in accordance with agreements with consumers, and shall not be delayed intentionally or refused unreasonably.
Any of the following circumstances shall constitute intentional delay or unreasonable refusal as referred to in the preceding paragraph: (1) The operator receives a request from a consumer to perform its obligations or the administrative department or consumer association handles the dispute. Failure to respond within five days from the date of the notice;
(2) Operators do not actually perform their promised obligations within three days after promising to perform their obligations or within the time limit agreed by consumers;
< p>(3) Failure to implement the decision made by the administrative department or the mediation made by the consumer association as scheduled.Article 15
If there are quality problems with the goods or services provided by the operator, the reasonable expenses paid by the consumer in the process of repair, replacement, return and dispute resolution as agreed, Operators should compensate consumers for losses.
Article 16
If the goods or services insured by an operator with an insurance company cause damage to consumers, the operator shall directly compensate the consumer for the loss; the consumer may also directly File a claim with your insurance company.
Article 17
Operators who sell goods through mail order, TV shopping, or online shopping shall provide goods to consumers as promised and ensure the quality, performance, etc. of the goods. Consistent with commitments. If no commitment is made to the time limit for providing goods, the goods shall be delivered within three days from the date of receipt of the consumer's remittance. If the goods sold and their quality are inconsistent with the promises made, consumers may return the goods within seven days from the date of receipt; the operator shall refund the purchase price of the consumer and pay the reasonable expenses incurred due to the return, and shall not depreciate the goods. The amount due for return will be deducted for other reasons.
Article 18
Operators shall provide consumers with a safe consumption environment, and shall set up prominent warning signs and place prominent warning signs on places or business projects that may endanger personal or property safety. Take appropriate protective measures.
Those who operate thrilling entertainment projects shall have the technical conditions, service equipment and necessary rescue facilities to ensure the personal safety of consumers, and formulate emergency avoidance measures and safety inspection systems.
Article 19
Operators engaged in processing and repairing shall indicate the name, quantity, item, and identification of the goods processed or repaired on the delivery voucher issued to consumers. Codes, barcodes, fees, as well as specifications, styles, quality requirements, required materials and pick-up dates put forward by consumers to ensure the quality of processing and repairs and on-time delivery.
To perform the obligations stipulated in the preceding paragraph, operators shall not engage in the following acts:
(1) Deliberately damage or replace spare parts and entire parts that do not need to be replaced;
(2) Substituting raw materials, spare parts or processed or repaired goods;
(3) Falsely listing processing or repair items or falsely claiming to replace spare parts;
(4) Using fake spare parts that are passed off as genuine or inferior;
(5) Raising the charging standards without authorization.
Article 20
Operators providing beauty, hairdressing, fitness and other services to consumers shall clearly mark prices and charge reasonable fees, and shall not use counterfeit supplies or equipment. If the cosmetology or hairdressing service fails to achieve the agreed results, the operator shall redo it free of charge or refund the fees collected at the request of the consumer.
Medical beauty services are implemented in accordance with relevant national regulations.
When operators provide bathing services to consumers, they should use bathing facilities and supplies that meet hygienic standards and ensure the personal and property safety of consumers.
Article 21
Medical institutions shall provide diagnosis and treatment to patients, and shall immediately rescue critically ill patients; for patients who cannot be diagnosed and treated due to limited scope of practice, equipment or technical conditions, they shall promptly provide medical treatment to patients. Referral.
Medical institutions should properly keep patient medical records and ensure patients’ right to know about diagnosis and treatment. Patients have the right to request access to and copy of prescriptions, hospitalization records, medical orders, inspection reports, and surgical and anesthesia records. If it is not appropriate for the patient to know due to the implementation of protective medical measures or the patient is unable to exercise the right to know for some reason, the family member shall exercise the right to know on his or her behalf. Medical institutions are not allowed to disclose a patient's condition to the public without the consent of the patient or family.
Medical institutions should ensure the authenticity of prescription notes, hospitalization records, medical orders, inspection reports, surgery and anesthesia records, and other materials.
Medical institutions should collect medical fees in accordance with regulations, list pricing items and fee lists in detail, and issue fee vouchers. Any excess fees charged in violation of regulations shall be refunded to the patient.
Article 22
Medical institutions that provide diagnosis, treatment and nursing services fail to use substandard drugs, substandard medical devices or violate medical management laws, regulations, rules and diagnosis, treatment and nursing standards. , who routinely cause personal injury to patients shall bear corresponding legal liability. If it constitutes a medical accident, it shall be handled in accordance with the "Regulations on the Handling of Medical Accidents" promulgated by the State Council.
During the process of diagnosis, treatment and care, medical institutions are not allowed to sell drugs and other products that have nothing to do with diagnosis, treatment and care to patients.
Article 23
Operators engaged in the transportation of passengers and goods shall ensure the personal and property safety of passengers and shippers.
Operating vehicles should be marked with departure time and frequency, and should depart on time. They should not deliberately go around, solicit passengers in circles, overload, refuse to load, stop or transfer midway, or increase fares on the way; when changing vehicles at the start or midway, the price is lower than If the vehicle class was originally used, the fare difference shall be refunded to the consumer. Taxis should use certified taxi meters. If a taxi does not use the meter in accordance with local regulations, passengers have the right to refuse to pay the fare.
If an airplane, train, or ship cannot depart on time or arrive on time for any reason, the operator shall promptly inform the consumer, arrange to change to other flights or refund the original price according to the consumer's request, and provide the consumer with a refund in accordance with regulations. Proper arrangements will be made for food, accommodation, transportation, etc.
Article 24
Units and individuals engaged in vehicle performance testing and maintenance shall not force or restrict consumers to purchase, use and accept the goods, accessories and products provided or designated by them. Services; shall not deliberately make things difficult for consumers who purchase and use other goods and accessories with the same quality standards or refuse to accept their unreasonable conditions or refuse to pass testing or inspection; shall not refuse, interrupt or reduce the goods, accessories and services that should be provided; shall not Indiscriminately charging testing, inspection, maintenance and other fees.
Article 25
Operators engaged in tourism services shall enter into travel contracts with consumers to agree on travel routes, tourist attractions, tour guide services, schedules, food, accommodation and entertainment. Standards, means of transportation, travel prices and charges, liability for breach of contract, etc.; personal and property insurance should be provided for consumers, consumers should be informed of safety and other precautions, and relevant explanatory materials should be provided; when arranging travel shopping, the contract stipulations and Industry norms.
Operators engaged in accommodation services should provide consumers with services that comply with the contract, inform consumers of precautions, and ensure the personal and property safety of consumers during their stay.
If an operator engaged in tourism services or accommodation services violates the contract and adds items or raises standards without authorization, the operator shall bear all expenses incurred by adding items or raising standards; if an operator reduces items or lowers standards without authorization, , the fees that should not be charged due to reduced projects or lowered standards should be refunded.
Article 26
Operators engaged in intermediary brokerage activities shall have corresponding qualifications and operate in accordance with the law; they shall not use fraud, coercion, bribery and other means to engage in intermediary brokerage activities.
Article 27
Operators who engage in or provide storage services shall provide storage certificates to consumers when collecting and depositing, provide services in accordance with the agreement, and take proper care of them.