Announcement on Seeking Public Comments for the Guidelines on the Seven-day Free Return of Online Goods (Draft for Comment)
Announcement on Seeking Public Comments for the Guidelines on the Seven-day Free Return of Online Goods (Draft for Comment)
Announcement on Seeking Public Comments for the Guidelines on the Seven-day Free Return of Online Goods (Draft for Comment)
February 5, 2016
The State Administration for Industry and Commerce has formulated these Guidelines on the Seven-day Free Return of Online Goods (Draft for Comment) in order to guarantee the implementation of the seven-day free return of goods provided by the Law of the People's Republic of China on the Protection of Consumer Rights and Interests, further define and implement the obligations of e-commerce operators, protect the legitimate rights and interests of consumers and promote the sound development of e-commerce. Comments are hereby sought from the public, which may give feedback through the following methods and ways:
1. Log on to the official website of the State Administration for Industry and Commerce (at http://www.saic.gov.cn) to provide comments through the column "Comments Sought for Draft Rules" on the right side of the homepage thereof.
2. Send comments by mail to: Consumer Protection Bureau of the State Administration for Industry and Commerce, No. 8 Sanlihe East Road, Xicheng District, Beijing Municipality, 100037.
3. Send comments by email to: 12315@saic.gov.cn.
The period for feedback will end on March 5, 2016.
Guidelines on the Seven-day Free Return of Online Goods (Draft for Comment)
Chapter I General Provisions
Article 1 These Guidelines on the Seven-day Free Return of Online Goods (Draft for Comment) (hereinafter referred to as the "Guidelines") are formulated in accordance with the Law of the People's Republic of China on the Protection of Consumer Rights and Interests, the Contract Law of the People's Republic of China and other relevant laws in order to guarantee the implementation of the seven-day free return of goods provided by the Law of the People's Republic of China on the Protection of Consumer Rights and Interests, define and implement the obligations of e-commerce operators, protect the legitimate rights and interests of consumers and promote the sound development of e-commerce.
Article 2 Consumers who buy online goods for daily consumption may return the goods in accordance with the law within seven days upon receipt thereof without any reason.
The return of online goods due to the unqualified quality of the goods provided by online sellers shall be subject to the provisions in Article 24 of the Law of the People's Republic of China on the Protection of Consumer Rights and Interests.
Article 3 For the purpose of these Guidelines, the e-commerce operators include online sellers and online trading platform providers.
The online sellers refer to legal persons, other economic organizations, individually-owned businesses or natural persons who sell goods online.
The online trading platform providers refer to legal persons of information network systems providing trading parties with web space, virtual premises, trading rules, trade matching, information release and other services in the course of online goods trading activities for independent trading between or among them.
Article 4 Online sellers shall fulfill the obligation for the seven-day free return of goods.
Online trading platform providers shall carry out supervision and administration over the fulfillment of the said obligation by online sellers.
Article 5 Consumers' exercise of the right to the seven-day free return of goods and online sellers' fulfillment of the obligation for the seven-day free return of goods shall follow the principles of fairness and good faith, and abide by the public order, good customs and business ethics.
Article 6 E-commerce operators shall clearly inform consumers of their right to the seven-day free return of online goods when the latter buy the same.
E-commerce operators are encouraged to make free return promises which are more beneficial to consumers than these Guidelines.
Chapter II Goods Not Suitable for Return and Standards for the Integrity of Goods
Article 7 The provision on seven-day free return shall not apply to the following goods:
1.
......
February 5, 2016
The State Administration for Industry and Commerce has formulated these Guidelines on the Seven-day Free Return of Online Goods (Draft for Comment) in order to guarantee the implementation of the seven-day free return of goods provided by the Law of the People's Republic of China on the Protection of Consumer Rights and Interests, further define and implement the obligations of e-commerce operators, protect the legitimate rights and interests of consumers and promote the sound development of e-commerce. Comments are hereby sought from the public, which may give feedback through the following methods and ways:
1. Log on to the official website of the State Administration for Industry and Commerce (at http://www.saic.gov.cn) to provide comments through the column "Comments Sought for Draft Rules" on the right side of the homepage thereof.
2. Send comments by mail to: Consumer Protection Bureau of the State Administration for Industry and Commerce, No. 8 Sanlihe East Road, Xicheng District, Beijing Municipality, 100037.
3. Send comments by email to: 12315@saic.gov.cn.
The period for feedback will end on March 5, 2016.
Guidelines on the Seven-day Free Return of Online Goods (Draft for Comment)
Chapter I General Provisions
Article 1 These Guidelines on the Seven-day Free Return of Online Goods (Draft for Comment) (hereinafter referred to as the "Guidelines") are formulated in accordance with the Law of the People's Republic of China on the Protection of Consumer Rights and Interests, the Contract Law of the People's Republic of China and other relevant laws in order to guarantee the implementation of the seven-day free return of goods provided by the Law of the People's Republic of China on the Protection of Consumer Rights and Interests, define and implement the obligations of e-commerce operators, protect the legitimate rights and interests of consumers and promote the sound development of e-commerce.
Article 2 Consumers who buy online goods for daily consumption may return the goods in accordance with the law within seven days upon receipt thereof without any reason.
The return of online goods due to the unqualified quality of the goods provided by online sellers shall be subject to the provisions in Article 24 of the Law of the People's Republic of China on the Protection of Consumer Rights and Interests.
Article 3 For the purpose of these Guidelines, the e-commerce operators include online sellers and online trading platform providers.
The online sellers refer to legal persons, other economic organizations, individually-owned businesses or natural persons who sell goods online.
The online trading platform providers refer to legal persons of information network systems providing trading parties with web space, virtual premises, trading rules, trade matching, information release and other services in the course of online goods trading activities for independent trading between or among them.
Article 4 Online sellers shall fulfill the obligation for the seven-day free return of goods.
Online trading platform providers shall carry out supervision and administration over the fulfillment of the said obligation by online sellers.
Article 5 Consumers' exercise of the right to the seven-day free return of goods and online sellers' fulfillment of the obligation for the seven-day free return of goods shall follow the principles of fairness and good faith, and abide by the public order, good customs and business ethics.
Article 6 E-commerce operators shall clearly inform consumers of their right to the seven-day free return of online goods when the latter buy the same.
E-commerce operators are encouraged to make free return promises which are more beneficial to consumers than these Guidelines.
Chapter II Goods Not Suitable for Return and Standards for the Integrity of Goods
Article 7 The provision on seven-day free return shall not apply to the following goods:
1.
......