New Rules For Customized Products
The provisional regulations governing the centralized promotion of network goods and services have been publicly solicited. It is clear that the organizers of the centralized network promotion should not adopt the standard clauses, and set the stipulations of "no refund for the deposit, no commodity for sale for 7 days".
Reporters found that the famous Tmall electricity supplier has changed the relevant provisions of the return.
The State Administration for Industry and Commerce began soliciting opinions on the provisional regulations governing the centralized promotion of network goods and services (hereinafter referred to as the Interim Provisions) since January 6th, and explicitly prohibited sales activities such as "deposit not refunded" and "No 7 day no reason to return" during the sales promotion period.
"I bought the pre-sale products of Tmall mall CHEERS flagship store in November 6, 2014, and the deposit was 99 yuan. Because I had something to do on November 11th, I didn't have time to pay, and I closed the deal on second days without knowing what I was going to do."
Reporters search "Tmall pre-sale" found that since 2011, every year consumers have encountered advance deposit and not return.
In addition, the store also stated in the pre-sale rules: the pre-sale goods do not support 7 days without reason to return goods.
For the above circumstances, the interim provisions provide legal basis for consumer rights protection.
Ninth of them expressly stipulate: "the organizers of centralized network promotion shall not adopt the standard terms, setting up the deposit not to refund or selling the goods in advance, not applying 7 days for no reason to return the goods, explaining the goods intact, increasing the conditions for limiting the refund, etc., excluding or restricting the consumers' rights, reducing or excluding the responsibilities of the operators, increasing the responsibilities of consumers, and other unfair and unreasonable provisions."
For those businesses who violate this regulation, they are investigated and dealt with in accordance with the law of the protection of consumers' rights and interests.
For cause
network
The reasons for the concentration of sales promotions cause the failure of the paction and shall bear civil liability in accordance with the provisions of the contract law.
This means that after the start of the sale, once the consumers pay, the operators of the online shopping platform will not have the right to cancel the order unilaterally. This is also a reminder to many operators of the e-commerce platform: under the guise of promotion promotion, the cancellation of paid orders is not only a business behavior, but also a violation of the law.
Yesterday, reporters learned that Tmall has adjusted the "Tmall pre-sale business management regulations" in the provisions on the return of goods, sixteenth pieces of "return notes", has been "from the"
Tmall
"Pre-sale goods do not support 7 days' no reason to return service", but changed to "custom-made products in Tmall's pre-sale products", which do not support 7 days without reason.
Replacement service
Other commodities are subject to Tmall's 7 day no reason to return service. "
The change of rules was publicized in November 13, 2014 and entered into force on December 1, 2014.
However, the deposit paid by the buyer during the pre-sale period is in accordance with the provisions of the "Tmall pre-sale business management standard". After the deposit is paid, the buyer fails to pay the final payment as scheduled, or the buyer applies for a refund and decides that the deposit is not refunded according to the relevant rules of the Tmall rules and Taobao dispute settlement regulations and other related rules.
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