Jiangsu Online Shopping Seven Days Return May Not Need To Explain Reasons.
The Jiangsu provincial government's Legislative Affairs Office issued the first draft of the regulations on the protection of consumers' rights and interests in Jiangsu (hereinafter referred to as the draft). It is clear that the quota for prepaid type cards should not exceed 5000 yuan, and no valid period can be established.
In addition, the seven day no return system for online shopping products has also been clarified.
Beauty and fitness industry has been "empty"
For the hairdressing industry and the fitness industry, because the public often pays a higher fee in advance for the prepaid card, it is easy to encounter the current situation of "deserted people" because of poor management.
For the public, the high prepaid amount that they recharge is often nowhere to recover, resulting in irreparable losses.
Search on the Internet can also be found that similar news is also seen repeatedly.
The industries involved include beauty salons, fitness and leisure, car maintenance, education and training.
So the loss to consumers is less than a few hundred yuan, and more than tens of thousands of yuan.
In the past, it is difficult for consumers to have a good way to deal with such a situation.
It is often possible to choose a relatively safe business by virtue of experience and word of mouth.
Even so, they face huge risks.
However, this situation is expected to change in the future.
The prepaid card must not exceed 5000 yuan, and the name card must not be valid.
In the draft issued yesterday, it is clearly mentioned that the operator provides goods or services in the way of pre payment, involving the issuance of prepaid cards (except for multipurpose prepaid cards), the limit of a single card must not exceed 5000 yuan, and the limit of a single card must not exceed 1000 yuan; the name card shall not set the validity period, and the duration of the non name card shall not be less than three years.
The bill also requires card issuers to open prepaid card funds depository accounts in commercial banks, sign capital deposit management agreements with depository banks, and regularly publicized the total amount and usage of prepaid funds in business premises.
At the same time, prepaid card funds can only be used for the main business of card issuers, not for real estate, equity, securities and other investments and loans.
If the operator provides goods or services by way of pre payment, he shall clearly stipulate with consumers the quantity and quality, price or fee, time limit and method of performance, safety precautions and risk warning, after sale service and civil liability.
If a commodity or service is not provided according to the contract, it shall perform the agreement or refund the prepayment according to the requirements of the consumer, and shall bear the interest of the advance payment and the reasonable expenses that the consumer must pay.
If there is no agreement on the refund, the amount of refund will be converted according to the calculation method which is beneficial to the consumer.
handle
Prepaid Card
There are 15 days of regret.
In order to prevent consumers from impulsive consumption, or to avoid dealing with prepaid cards impulsively in the enthusiastic marketing of shopkeepers.
It is stipulated in the draft that operators should provide consumers with goods or services in advance, which should allow consumers to have no reason to refund within 15 days.
The operator expressly expresses no refund for the reasonable refund request made by the consumer, or fails to refund the money from the date of the agreed date from the date of the consumer's refund request 15 days from the date of the agreement.
In addition, the operator should keep relevant information about the contract and performance to facilitate consumers to inquire and copy; the relevant information should be kept until at least two years after the performance of the contract.
At the same time, we should encourage and support operators to provide prepaid cards to consumers and guarantee that consumers do not provide guarantees to consumers.
No reason to return: consumers have the right within 7 days.
Return goods
In addition, the draft also clarified the relevant contents of the no reason return system.
Operators sell products by way of network, television, telephone, mail order, door-to-door promotion and conference promotion. Consumers have the right to return the goods within 7 days from the date of receipt of the goods, and do not need to explain the reasons. Except for the following commodities: the consumers make the order; fresh and perishable; online or downloaded or audio-visual products such as consumers, computer software and other digital goods; delivered newspapers and periodicals.
In addition to these, it is not unreasonable to return the goods according to the nature of the commodity and the goods that consumers do not confirm when they are purchased.
The operator shall set up a reminder procedure, and take measures and technical means for the consumer to make two or more confirmation.
At the same time, the goods returned by consumers should be in good condition. The operator shall return the commodity price paid by the consumers within 7 days from the date of receipt of the returned goods, and the consumer shall return the prizes, gifts or equivalent values received by the consumer at the same time.
The freight for returning the goods is borne by the consumers; otherwise, the operators and consumers have agreed otherwise.
Chain stores are also responsible for running.
According to the requirements of the bill, the franchisee should set up a public notice card in the prominent place of the trading place, publicized the name of the operator, the tenant, the name of the franchisee, the term of operation (lease), the duration of the franchise, and the business item, and so on, and provides the real information to consumers who inquires the operators of the field, the tenant and the franchisee.
The franchisee of a commercial franchise shall specify the quality requirements and guarantee measures of the commodities or services, the protection of the rights and interests of consumers, and the undertaking of liability for compensation in the contract concluded with the franchisee, and shall strengthen the guidance and supervision of the franchisee's business activities.
For some businesses who join or set up chain stores, consumers can claim their rights to the stores when they encounter disputes.
In the draft, it is clear that the franchisee should express clearly to consumers the protection of consumers' rights and interests and the undertaking of liability for compensation in the commercial franchise contract.
If the franchisee fails to undertake or refuses to bear the responsibility for the after-sale of the consumers, the franchisee shall bear the corresponding joint and several liability.
collect
Personal information
Consumer consent
In terms of personal information security, the draft requires that operators collect and use personal information of consumers (including names, sex, date of birth, ID card number, occupation, academic record, address, contact method, marital status, income and property status, fingerprints, blood type, medical history, etc., which can identify consumers' information separately or with other information). They should follow the principles of legality, legitimacy and necessity, express the purpose, mode and scope of collection and use of information, and agree with consumers.
The operator shall not collect and use the personal information of consumers without the consent of the consumer; he shall not disclose, sell or illegally provide the information collected to others; without the consent or request of the consumer, or the consumer expressly refuses to send commercial information to him, he shall send commercial information to consumers without the consent of the consumer and increase the consumer's expenses.
In addition, operators should establish and improve information security and management system, ensure information security, prevent consumers' personal information leakage and loss, and formulate an emergency plan for information security incidents.
In case of information leakage or loss, emergency measures should be taken immediately to inform consumers in time to avoid loss or loss.
Moreover, the operator shall perform at least five years' remaining evidence of the express obligation and the consent of the consumer.
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