Consumers, beware! Don't let "Singles' Day" become tears streaming down.

Compiled from: Sohu.com
 
"Double Eleven" has become a shopping feast for people across the country, regardless of age. After the frenzy of buying, what legal knowledge is involved in after-sales issues?

 
 

[2] Case One
Xiaoming bought a box of apples online, but after receiving it, he no longer wants it. Can he return it without reason? What exactly is included in the seven-day no-reason return policy for online shopping?

 

 
[1] The author's perspective
First of all, apples that have been received but are unwanted cannot be returned without reason. Because apples are perishable goods, returning them without reason would obviously affect the merchant's ability to resell them, so they cannot be returned within seven days without reason. So what else is not covered by the seven-day no-reason return policy? The new Consumer Rights Protection Law has clear provisions on this.
 
According to Article 25, Chapter 3 of the Consumer Rights Protection Law of the People's Republic of China, when an operator sells goods through the internet, television, telephone, mail order, or other methods, consumers have the right to return the goods within seven days from the date of receipt, without providing a reason.
But the following items are excluded:
(1) Custom-made by the consumer;
(2) Fresh and perishable;
(3) Digitized goods such as audiovisual products or computer software that are downloaded online or unsealed by consumers;
(4) Delivered newspapers and periodicals.
Except for the goods listed in the preceding paragraph, other goods that, based on their nature and confirmed by the consumer at the time of purchase as not suitable for return, are not subject to unconditional returns.
 
 
[6] Case Two
Xiaoming bought a box of drinks online, and after receiving them, he felt that something was wrong; but he couldn't figure out what it was at the moment. What should he do?

 

 
[1] The author's perspective
If consumers purchase products that have quality issues or do not match the seller's description, they can first negotiate with the seller for a return or exchange; if the seller refuses, consumers can first file a complaint with the platform against the seller and request the platform to intervene; if this is ineffective, they can complain to the Consumer Association or the Market Supervision Administration, and if necessary, they can also file a lawsuit with the People's Court.
 
According to Article 39 of the Consumer Rights Protection Law of the People's Republic of China: When a dispute arises between consumers and business operators regarding consumer rights, it can be resolved through the following channels:
(1) Negotiate a settlement with the operator
(2) Request the Consumer Association or other mediation organizations established according to law to mediate
(3) File a complaint with the relevant administrative department
(4) Submit to arbitration by an arbitration institution in accordance with the arbitration agreement reached with the operator;
(5) File a lawsuit with the people's court.
Article 35 of the "Consumer Rights Protection Law of the People's Republic of China" stipulates: People's courts shall take measures to facilitate consumers to file lawsuits. For consumer rights disputes that meet the conditions for filing a lawsuit under the "Civil Procedure Law of the People's Republic of China," acceptance is mandatory, and timely trials must be conducted.
 
 
Case 3
Xiaoming bought a washing machine online, and the seller gave him a hair dryer as a gift. As a result, the hair dryer broke after being used only twice. Does the gift also enjoy the "three guarantees" service?

 

 
[1] The author's perspective
Free gifts also enjoy the same 'three guarantees' service as purchased goods.
 
According to the newly issued "Interim Provisions on the Management of Centralized Promotion Activities for Online Goods and Services," it is clearly required that complimentary goods should provide 'Three Guarantees' services. The new regulations specify that promotional operators, when selling or giving away goods during promotional activities, should comply with the provisions of the "Product Quality Law," must not sell or give away goods that are explicitly prohibited by the state, and must not reduce the quality of goods due to promotion.