Interim Measures for Seven-Day Reasonless Return of Goods Purchased on the Internet (Published by Decree No. 90 of the State Administration for Industry and Commerce on January 6, 2017 Revised in accordance with Decree No. 31 of the State Administration for Market Supervision and Administration on October 23, 2020) Chapter I General Provisions Article 1 In order to guarantee the implementation of the seven-day reasonless return provision of the Protection of Consumers Rights and Interests Law, protect consumers' In order to protect the implementation of the "Protection of Consumer Rights and Interests Act" seven days without a reason for the return of goods, to protect the legitimate rights and interests of consumers, to promote the healthy development of e-commerce, according to the "Protection of Consumer Rights and Interests Act" and other relevant laws and administrative regulations, the formulation of these measures. Article 2 Consumers for life consumption needs to buy goods through the network, within seven days from the date of receipt of goods in accordance with the "Protection of Consumer Rights and Interests Act" Article 25 of the provisions of the return, the application of these measures. Article III network commodity sellers shall fulfill the obligation to return goods within seven days without reason. Network trading platform providers should guide and supervise the platform on the network goods sellers to fulfill the obligation to return goods within seven days without reason, supervision and inspection, and provide technical support. Article 4 Consumers to exercise the right to return goods without reason and network goods sellers to fulfill the obligation of seven days without reason should follow the principle of fairness, honesty and credit, and comply with business ethics. Article V encourages network goods sellers to make more favorable to consumers than this commitment to return goods without reason. Chapter II does not apply to the return of the scope of goods and goods intact standards Article 6 of the following goods do not apply to the seven days without a reason for the return of goods: (a) consumer-made goods; (b) fresh and perishable commodities; (c) online downloads or consumer unsealed audio-visual products, computer software, and other digitized commodities; (d) the delivery of newspapers, periodicals, and other products, and the delivery of the goods. Article VII of the following nature. Article VII of the following nature of the goods confirmed by the consumer at the time of purchase, can not be applied to the provisions of the seven-day no reason to return: (a) unsealed easily affect the safety of the person or life and health of the goods, or unsealed easily lead to the quality of the goods changed goods; (b) once activated or tried to lose a large amount of the value of the goods; (c) the sale of goods have been made clear that the approaching shelf-life, defective goods, or goods with a defective product, or goods that have been sold to the customer. Shelf life of the goods, defective goods. Article 8 The goods returned by the consumer should be intact. Commodities can maintain the original quality, function, commodity itself, accessories, trademarks and logos are complete, the goods are considered intact. Consumers based on inspection needs to open the packaging of goods, or to confirm the quality of the goods, the function of a reasonable debugging does not affect the integrity of the goods. Article IX beyond the inspection and confirmation of the quality of goods, functional needs and the use of goods, resulting in greater loss of value of goods, as goods are not intact. Specific criteria are as follows: (a) food (including health food), cosmetics, medical devices, birth control supplies: the necessary one-time sealed package is damaged; (b) electronic and electrical: unauthorized maintenance, alteration, destruction, alteration of mandatory product certification mark, indicating stickers, machine serial numbers, etc., there is difficult to restore the original appearance of the use of traces, or to produce activation, Authorization information, unreasonable personal use of data retention and other data traces of use; (C) clothing, shoes, hats, bags, toys, home textiles, household categories: the trademark logo was removed, the logo was cut, the goods are contaminated, damaged. Chapter III Return Procedures Article 10 of the choice of no reason to return the goods consumers should be received within seven days from the date of receipt of goods to the seller of online goods to send a notice of return. The seven-day period starts from the day after the consumer signs for the goods. Article 11 The seller of network goods after receiving the return notice shall promptly provide consumers with true and accurate return address, return contact person, return contact phone number and other effective contact information. Consumers should return the goods in a timely manner after obtaining the above information, and retain the return certificate. Article 12 consumers should return the goods themselves, accessories and gifts returned together. Gifts include gifts in kind, points, vouchers, coupons and other forms. If the gifts can not be returned together, the operator can require consumers to pay the price of gifts in accordance with the price of gifts indicated in advance. Article XIII of the goods returned by the consumer in good condition, the seller of online goods should be received within seven days from the date of the return of goods to the consumer has paid the price of goods. Article 14 The mode of refund is similar to the mode of payment for the purchase of goods. If the operator and the consumer agree otherwise, the agreement shall apply. The purchase of goods using a variety of ways to pay the price, generally should be in accordance with the actual payment of various payment methods to refund the price in the appropriate manner. In addition to obtaining the express consent of the consumer, the seller of online goods should not specify other ways to refund. Article 15 consumers to use points, vouchers, coupons and other forms of payment of the price, the seller of network goods in the consumer return goods should be returned to consumers in the corresponding form. The use of points, coupons, coupons and the return of the agreement, can be agreed upon. Article 16 The consumer purchases goods by credit card payment method and pay the handling fee, the seller of online goods refund can not return the handling fee. Consumers who purchase goods by credit card payment method and by the Internet goods seller exempted from the handling fee, the Internet goods seller can deduct the handling fee in the refund. Article 17 The price of the return of goods shall be based on the actual price paid by the consumer. The return of part of the package or full discount promotional activities, resulting in the inability to enjoy the benefits, according to the purchase of the price of the goods to be settled, the more refunded, the less made up. Article 18 The return of goods generated by the freight charges borne by the consumer according to law. The operator and the consumer agreed otherwise, in accordance with the agreement. Consumers to meet certain conditions to participate in free shipping activities, but after the return of goods can not meet the requirements of free shipping activities, online commodity sellers in the refund can be deducted from the shipping costs. Article 19 The seller of online goods can agree with the consumer to return the goods, but should not restrict the consumer's return. Internet goods sellers can pick up the goods free of charge, but also with the consent of the consumer paid to pick up the goods. Chapter IV Special Provisions Article 20 The network commodity sellers should take technical means or other measures, for the provisions of Article 6 of this approach does not apply to seven days without reason to return the goods clearly labeled. In line with the provisions of Article VII of these measures, network commodity sellers shall set up a significant confirmation of the necessary processes in the sale of goods, for consumers to confirm the single purchase behavior. If there is no confirmation, the network commodity sellers shall not refuse to return the goods within seven days without reason. Article 21 network trading platform providers should be on their platforms, network goods sellers to enter into an agreement to clarify the two sides of the seven days without reason to return their respective rights, obligations and responsibilities. Article 22 The network trading platform provider shall, in accordance with the law, establish and improve its platform seven days no reason to return the goods rules and supporting the consumer protection system, in its home page prominently displayed on a continuous basis, and to ensure that consumers can easily and completely read and download. Article 23 The network trading platform provider shall fulfill the seven-day no-excuses return obligation on its platform to establish a check and monitor the system, found in violation of relevant laws, rules and regulations, shall take timely measures to stop, and to the network trading platform provider or network goods sellers of the local market supervision and management departments to report, and if necessary, can stop the platform to provide services.
Article 24
Article 24 The network trading platform providers shall establish consumer dispute settlement and consumer rights self-regulatory system. Consumers in the network trading platform to buy goods, due to return the consumer disputes or their legitimate rights and interests have been damaged, the network trading platform provider mediation, network trading platform providers should be mediated; consumers through other channels to protect their rights, network trading platform providers should provide consumers with their platforms on the real name of the network goods sellers, address and effective contact information, and actively assist in the maintenance of their legitimate rights and interests. Consumers to safeguard their legitimate rights and interests. Article 25 The network commodity sellers shall establish a perfect seven days no reason to return goods inspection and processing procedures. To be able to fully restore to the initial state of sales of seven days no reason to return the goods, can be sold again as new goods; seven days no reason to return the goods can not be fully restored to the initial state of sales and re-sale of goods, should be clearly marked through a significant way to the actual situation of the goods. Chapter V Supervision and Inspection Article 26 The market supervision and management departments shall strengthen the network of commodity sellers and network trading platform providers to supervise and inspect business practices, supervise and guide the establishment of a sound operator and compensation system, according to law, to fulfill the network to buy goods seven days without a reason for the return of obligations. Article 27 The market supervision and management departments shall promptly accept and deal with consumer complaints about the seven days no reason to return the report. Article 28 The market supervision and management departments shall, in accordance with the principle of fairness, openness and timeliness, the comprehensive use of recommendations, interviews, demonstrations and other ways to strengthen the network of commodity sellers and network trading platform providers to fulfill the statutory obligation of seven days no reason to return the goods of administrative guidance. Article 29 The market supervision and management departments in the supervision and inspection of network commodity trading, found that operators have refused to fulfill the obligation of seven days without a reason to return goods, infringement of the legitimate rights and interests of consumers, shall be investigated and dealt with according to law, and will be punished for the relevant information into the credit file, to the public. Chapter VI Legal Liability Article 30 network commodity sellers in violation of the provisions of Article 6, Article 7, without authorization to expand the scope of commodities does not apply to the seven-day no-excuses returns, in accordance with the "Protection of Consumer Rights and Interests Act," Article 56, paragraph 1, paragraph 1 (h) of the provisions of the penalty to be imposed. Article 31 network commodity sellers in violation of the provisions of these measures, one of the following circumstances, in accordance with the "Law on the Protection of Consumer Rights and Interests," Article 56, paragraph 1, paragraph (h) shall be punished: (a) without the confirmation of the consumer at the time of purchase, unauthorized use of commodities does not apply to the seven-day return of goods for the reason that the return is refused, or the consumer has been unpacked, inspection and return of goods for the reason that the refusal to return the product is not complete. (b) from the date of receipt of the consumer return request for more than fifteen days from the date of return procedures, or failure to provide consumers with true and accurate return address, return contact person and other effective contact information, so that consumers can not handle the return procedures; (c) in the receipt of the return of goods from the date of return for more than fifteen days from the date of return of the goods to the consumer has not been paid the price of the goods. Article 32 network trading platform providers in violation of the provisions of Article 22, in accordance with the "Electronic Commerce Law" Article 81, paragraph 1 (a) shall be punished. Article 33 network commodity sellers in violation of the provisions of Article 25 of these Measures, the sale of goods can not be fully restored to the initial state of the return of goods without reason, and not through a significant way to clearly mark the actual situation of the goods, in violation of other laws and administrative regulations, in accordance with the provisions of the relevant laws and administrative regulations shall be punished; laws and administrative regulations are not provided, shall be warned, and shall be ordered to make corrections and impose a penalty of Ten thousand yuan or more than thirty thousand yuan fine. Article 34 The network trading platform provider refuses to assist the market supervision and management departments to take measures against suspected violations, carry out investigations, shall be warned and ordered to make corrections; refusal to make corrections, a fine of 30,000 yuan. Chapter VII Supplementary Provisions Article 35 of the network commodity sellers to provide goods do not meet the quality requirements, the consumer demand for the return of goods, the application of the "Protection of Consumer Rights and Interests Act," Article 24, as well as other relevant provisions. Article 36 The operator uses television, telephone, mail order and other means of selling goods, in accordance with the implementation of these measures. Article 37 These Measures shall be interpreted by the State Administration of Market Supervision. Article 38 These Measures shall come into force on March 15, 2017 .