State Administration for Market Regulation has revised the Interim Measures for the Return without Reasons of Commodities Purchased Online within Seven Days (the “Measure”, 2017) in order to protect lawful rights of consumers and promote a better development for e-commerce on the date of October 23th, 2020.
The returned commodities in this measure include those which purchased for living needs by the consumers thorough Internet within seven days from the date of receiving. It could be also applied for those commodities when the operators use television, telephone, mail order and other ways to sell.
Commodities which shall definitely not be applied for the Measure include customized commodities, fresh and perishable commodities, digital commodities such as audio-visual products, computer software downloaded online or sealed by consumers, newspapers and periodicals delivered.
Commodities which could not be applied for the Measure under the confirmation of consumers while purchasing include commodity which may easily effect personal or life security after seal, or may cause a change for commodity quality after seal; or commodity that whose value derogatory once activated or tested; or commodity closed to the shelf life and defective commodity which are stated at the time of sale. Online operators shall set distinct confirmations for consumers for every single purchase within the necessary process of sale, if not the online operators could not deny for the return.
Consumers shall keep the commodity intact with original quality, functions and complete accessory and label. Commodity shall not be deemed intact when the commodity value derogates a lot after using the commodity over the need of check and confirmation for quality and function.
The referred limit of “seven days” shall be counted on the next day when consumer signs the delivery. Delivery fees occur shall be paid by the consumers, but agreed way shall prevail if the operator and consumer have a special agreement. Online operators could agree on the return method with consumers but it shall not be a limit for consumers. Online platform provider shall sign an agreement with online operator to clarify rights, obligations and responsibilities of both parties. Online platform provider shall establish and improve their return rules and protection system for consumer rights and interests in the prominent position on their home page, and ensure that consumers can easily and completely read and download them.
For those operators which refuse to obligate the return rules and violate the legal right of consumers, they would be examined and punished according to laws and their punishment information would be counted into the credit files and published. For those operators which sale returned commodity that could not be recovered into initial status and did not state the fact clearly on the commodity, they shall be warned and punished a fine of RMB 10,000 to 30,000 Yuan.
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Mr. Mike Chang (Partner)