Online Shopping Orders Return Easily, Difficult To Protect Consumers' Rights And Interests.

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< p style= "text-align: center" > a href= "http://sjfzxm.com/news/index_s.asp" > online shopping returns < /a > hard to /p >

< p > online shopping order is easy, return is "hard to go up". < /p >

< p > according to the statistics of China Electronic Commerce Research Center, in 2012, the number of users of < a href= "http://sjfzxm.com/news/index_c.asp" > online shopping < /a > exceeded 220 million people, and the number is still on the rise.

The growth of the online shopping market does not mean its health. For example, the difficulty of returning goods is a great distress for consumers.

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During the "P", "51" period, I bought a set of shampoo and haircare set on Taobao. When I got the product, I found that the set of protective clothing was near the shelf life, resulting in the idea of returning goods.

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< p > the author tried to contact the store on the Internet, but the reply was repeated. "Please wait a moment, the store is returning in turn."

After that, the author clicked the "application for return" option in the electronic consumer list, and the store still did not respond.

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Under P helpless, the author revoked the option of applying for return and changed it to the way of bad evaluation.

Unexpectedly, the store quickly contacted the author voluntarily, hoping to cancel the difference and allow the return.

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< p > however, the new problem will follow. Who will bear the cost of the return? The store thinks that the 59 yuan washing suit has been a small profit and quick turnover. If the freight is returned, it will be a loss.

However, I notice that the store's web page says "7 days no reason to return", and insists that the store take the cost of return freight.

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< p > finally, the two sides negotiated each other to take half the postage and complete the return.

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< p > in real life, many consumers have similar experiences with the author. The order is relaxed, but the return is "hard to go up to the blue sky".

In 2013, the China Consumer Association's "integrity survey report on e-commerce enterprises" showed that in 2012, complaints about online shopping mainly focused on the following items: arrival time, refund, replacement, logistics and express delivery, which accounted for more than half of the total complaints.

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< p > at the same time, I find that the reason why returns are difficult is largely due to the "overlord clause" in online pactions.

In April this year, the Haidian District Consumers Association of Beijing took 8 college students as the research object, and released the survey report on College Students' online shopping consumption.

According to the survey, 24.05% of respondents expressed unfair format terms in online shopping and their return, such as refusing to return goods, and not changing them; because of the return of goods quality, the freight was borne by the consumers; consumers could not choose the express company by themselves; promotional products, overseas purchasing and other high priced commodities were not changed.

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< p > curb "overlord clause" and ensure consumers' < a href= "http://sjfzxm.com/news/index_q.asp > regret right < /p >"

< p > "one of the biggest problems of online shopping is the asymmetric information of consumers and operators. Consumers can see the goods bought by the operators in the form of words and pictures, which may be completely different after buying hands."

Member of the Standing Committee of the National People's Congress and Fang Xin, Professor of the Chinese Academy of Sciences.

Under such circumstances, if consumers are subject to various "overlord clauses" unilaterally listed by merchants, their weaker position will be more obvious.

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< p > to curb the "overlord clause" and strengthen the protection of consumers is the important goal of this revision of the consumer rights protection law.

Among them, the twenty-fifth amendment of the draft amendment clearly stipulates that operators should use the standard clauses to draw consumers' attention in a clear way. At the same time, they should not restrict or exclude the rights of consumers in the form of standard clauses, relieve or exempt the operators from liability.

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< p > at the same time, in view of the fact that the format clauses mainly cover two realities of logistics and return, the twenty-eighth clause of the draft amendment also stipulates that "operators sell products by means of Internet, television, telephone, mail order, etc., and consumers have the right to return products within seven days from the date of receipt of the goods, except that they are not returned according to the nature of the commodity.

The operator shall refund the price paid by the consumer within seven days from the date of receipt of the returned goods. "

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< p > Liu Junhai, vice president of China Consumer Association and professor of Renmin University of China, called the system of returning goods within 7 days as "regret right".

"Let consumers, after signing the contract, take a cool look at a certain period of time to remove the contract which he has signed and established with the business according to law. This is the protection of consumers' right to choose."

Liu Junhai said.

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In order to eliminate the "standard terms" and ensure the consumers' right to regret, Yang Wei, NPC deputy and director of the National Natural Science Foundation of China, further proposed that "the draft amendment stipulates that the format clauses are invalid, but it is not clear that these terms are illegal and can be held liable for P".

We should actively improve it. "

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< p > returns, freight and so on should be further defined < /p >

< p > 7 days return, let consumers have "regret medicine" to eat, but for businessmen, this "regret medicine" is a bit bitter.

"The draft amendment stipulates that the conditions for return within 7 days should be specified."

Xu Weigang, a deputy to the National People's Congress and a researcher at the Henan Academy of Agricultural Sciences, said that if there are no restrictions on the conditions of return, there may be several problems: first, malicious returns, and even businesses will make full use of this malicious return rule to disrupt the market order in order to suppress each other; two, if there is a lack of a criterion for discriminating returns, it will lead to an increase in the number of disputes between consumers and businesses, which is not conducive to the healthy development of online shopping and e-commerce.

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"P" in view of this problem, Wu Xiaoling, vice chairman of the National People's Congress of the National People's Congress (NPC), put forward his own opinion, "it will cause damage to the merchants by unreasonably carrying out the return of goods."

If a business wants to maintain its reputation, it should have the right to stipulate the conditions for return on its own commodities.

The prior clarity of such return conditions gives both parties the right to choose and protect consumers. "

Wu Xiaoling suggested adding a "right to return the goods that the operator should be clear about the consumer. If there is no specific provision, it can be replaced within 7 days."

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< p > in addition to limiting the return conditions, the return freight is also the focus of controversy.

Some experts said that the draft amendment did not expressly provide for the return freight, which is easy to cause "even if the merchants agree to return the goods, but because of the freight dispute, the return behavior can not be realized for a long time".

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< p > "the law should protect consumers, and also protect legitimate businesses."

Regarding the freight issue, Cheng Su, deputy director of the National People's Congress and the Qinghai Provincial Committee of the China Democratic League, said that "after the removal of liability for pportation, if the operator has no fault, the freight shall be borne by the consumer, and the freight shall be borne by the operator."

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