Which Is Better?
The newly revised Consumer Protection Law (hereinafter referred to as the "new consumer law") has been implemented for more than a year since March 15th last year.
The National People's Congress Standing Committee law enforcement inspection group to check the implementation of the new consumer law report before that, "7 days no reason to return" and other measures have not yet landed.
Beijing Business Daily reporter compared with a number of electricity providers found that Yintai network conditions are most stringent, cosmetics, maternal and child supplies, watches and other commodities do not support 7 days no reason to return, some of the categories are demanding.
Zhao Zhanling, a well-known IT lawyer, said that this is the use of the provisions of the new consumer law, the loopholes.
Adding additional conditions to businesses in return policy can save much trouble.
Take cosmetics as an example, whether Lancome, Estee Lauder or other luxury brands or TJOY's domestic brands are classified as "unreasonable and unreasonable", because there may be "sub contractors".
Watches and other luxury goods are too high value and difficult to identify, and merchants avoid the risk of counterfeit goods by adding "special commodity" labels.
A businessman from Tmall admitted that the merchant did not have the ability to distinguish the authenticity from the original. It was expensive to deliver the original plant for a long time, and if it accepted the return, it might suffer a great loss.
Cosmetics, mother and baby products have hidden dangers, and the two sale is afraid of accidents.
The new consumer law stipulates that four categories of commodities, such as "customized, fresh and perishable, online downloading or consumer packaged audio and video products and computer software and other digital goods and delivered newspapers and periodicals", do not support "7 days for no reason to return the goods", but add a "disclosure clause" based on the nature of the commodity and confirmed by the consumer when it is purchased.
Zhao Zhanling said that the provision is to ensure that the law is perfect enough to avoid omission, but lets businessmen openly customize the nature of commodities.
Compared with Tmall, Taobao, Jingdong, Gome and Yintai network, Beijing Commercial Daily reporter found that items such as personal clothing, valuable jewellery, pharmaceuticals, family planning supplies and service items were classified as "default support for 7 days without reason to return products, and sellers can choose 7 days without reason to return" according to the nature of commodities.
Cosmetics, watches, mother and baby products are controversial. Tmall and Taobao can be returned. Jingdong and Gome can exchange watches and some maternal and infant products.
On the official website of Yintai network, the word "15 days worry free return" is tied to "100% genuine guarantee" and "full 199 yuan free shipping", and promises to provide "quality after-sales service".
Also mentioned in the commodity service pledge.
Support no reason to return goods.
"
But the service promise of cosmetics, watches and other pages appears "no support for no reason to return goods".
In the policy of refund and replacement, the reason why cosmetics and mother and infant products do not support the replacement are "for safety and hygiene considerations"; watches are regarded as special commodities; electronic or household goods can not be returned after uncovering or damaging protective films, plastic packaging and packaging.
Yintai network official customer service said,
Merchandise returns
The policy is formulated by the company, and cosmetics, watches and other commodities are not suitable for the return of goods because of the nature of the goods.
For the question of how to identify the nature of goods, customer service does not know the specific circumstances and is unable to answer.
Zhao Zhanling said,
New elimination method
There has always been controversy over the terms of the return. The reason is that the nature of the commodity is never clear and there is no corresponding judicial explanation.
Personal clothing affects the two sale, and it is excusable for no refund. However, it is personally considered that the nature of the commodity such as cosmetics is not applicable to this clause.
Experts say most consumers will not deliberately embarrass businesses to return frequently, and should not hurt consumers' interests in a few cases.
Through blacklist system and professional staff review, we can reduce the occurrence of malicious exchange and re establish trust between consumers and businesses.
Liu Junhai, vice president of the China Consumer Association, said that the new consumer law is difficult to land.
Some localities and departments even think that regulating the market will affect the economic development. In fact, only by obeying the law and conscientiously executing the law can the market develop healthily.
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