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Proposes establishing off-site shopping can be returned within 30 days

Release:2012-9-18 9:35:25  Hits:1189

 

Through the network or TV to buy something to get our hands on the goods nor the goods "how to do? "Consumers have the right to return the goods within thirty days after receipt of goods, does not bear any cost!"
 
Faced with the above statement, you do not be too surprised, because this may become a future new "Consumer Law" in statutory provisions!
 
Yesterday, reporters learned from relevant sources, has promulgated 16 years, "Consumer Law" has officially entered the second amendment, the latest revised version, clearly marked "original" and "revised" two plates, you can clearly see out, the new "Consumer Law" the future direction of reform.
 
"Off-site" Shopping increase "regret right"
 
"Consumer Law" original Article IX: the right of consumers will have the choice of commodities or services.
 
Article 9 of the revised Added: sales by phone, mail order, home sales and other non-fixed place of sales of goods purchased, the consumer has the right to return the goods within thirty days after receipt of goods, does not bear any costs However, except for the impact of commodity sales again.
 
● real encounter:
 
Mr. Wang like outdoor sports, see the online marked an outdoor tent only sell to the mall for half the price they bid a purchase online. Who knows when to deliver the goods, he discovered that there are many within the tents and shopping malls is not the same, although the style is similar, but many functional zipper and the fabric feeling the very bad. He was required businesses to be able to return, after repeated communications the seller finally come up with solutions to let him pay $ 50 postage for return procedures. Mr. Wang said, the tents only spent $ 100, if postage, he is not worth, he will not go to be investigated.
 
● "modify" Interpretation:
 
Nanjing Consumers Association Secretary-General said Zhou Hui, business promotions varied, many of them exaggerated, leading consumers to happen "impulse consumption", TV shopping, online shopping, and other off-site consumption, but also to not fewer consumers frequently in the case of "intangible" experience "very hurt".
 
For the establishment of regret right ", said Zhou Hui, regret right originated in the United States, first appeared in the direct marketing and insurance industry, also known as the" cooling system ". Salesman to sell goods and services to consumers by visiting inevitably exaggerated, regret right to establish the right to return and the right to recover full refund within a certain period of time, so that consumers in the product information vulnerable.
 
"Consumer Privacy" was mentioned for the first time
 
Consumer Law 14: Consumers in the purchase and use of goods or receiving services, enjoy their human dignity, the right to respect for national customs and traditions.
 
Article 14 of the revised new: enjoy the protection of personal information rights (the purposes of this Act, the term "personal information, including the consumer's name, gender, age, occupation, Contact, health status, family status, property status, consumer records and other information is closely related with individual consumers and their families.)
 
● real encounter:
 
"I felt he did not have any privacy at all." Liu work in a hospital because the auto insurance will soon expire, just one week of receipt of the no less than five telemarketing calls.
 
Liu told reporters that these recommended phone in addition to the Nanjing local, Shanghai and even Beijing, to his surprise, these people almost always be able to say exactly his auto insurance policy number and policy expiration time, even he time of car models and car location are well known. This let Mr. Liu cold sweats: so the privacy of the information, why a stranger grasp so clearly.
 
● "modify" Interpretation:
 
"Can not be denied is motivated by profit to consumers 'personal information brazenly betrayed to businesses, has been seriously disrupted the normal life of consumers." Said Zhou Hui, now closely associated with consumers' lives in many fields are required Fill out the personal information, and information disclosure of any link, will allow consumers to get in trouble.
 
It was his understanding that, in reality, part of the business in order to benefit, but also these personal information to sell to bring trouble to the normal life of the consumer. As the network economy continues to grow and develop, a huge challenge to the privacy of consumers through Internet trading. Personal privacy, once exposed, due to very serious negative consequences. At present, China's legislation to protect the security of personal information is not yet complete, and the implementation of more than 10 years of "Consumer Law" not relevant provisions on the protection of personal information, so the new "Consumer Law" added privacy information protection very timely and necessary.
 
Part of the terms of the new speed reading
 
■ invoicing shall not charge any fee for:
 
Amendment Article 16: Consumers request an invoice, operators are required to be issued shall not and shall not impose any fee receipts instead. Consultation operators and consumers in the future invoice, the operator should bear the reasonable costs of consumer spending.
 
Word Comments: No way does not invoiced.
 
■ not free and searched:
 
"Amend" Article 25: The operators should respect the human dignity of the consumers, national customs and habits, consumers may not insult, slander, in addition to the clear provisions of laws, regulations, may not search the body of consumers carry items, shall not be violated personal freedom of consumers.
 
Word Comments: face body searches say no!
 
■ received prepayments have a third-party account supervision
 
Amendment Added: operators charged to the consumer advances by the commercial banks should set up a special fund account implementation of hosting, earmarked installments withdrawal; operators do need to withdraw their advances, should be managed commercial bank guarantee.
 
Comments word: take the money to play the "evaporation" get away slightly.
 
■ junk information shall not be harassment
 
Amendment Added: communication networks such as the Internet and mobile networks, dissemination of advertising mail, express mail and e-mail, short message service, shall comply with the relevant provisions of the State, and expressly rejected the ad way consumers explicitly rejected the shall continue to send. Operators in the sending of commercial information, should ensure that the business information can be clearly identified as being the recipient advertising category.
 
Word Comments: recurrence spam will sue you.
 
■ "three bags of gifts"
 
Amendment 23 added: the merchandise warranty period during repairs, operators should provide alternative merchandise. Can not be repaired within the warranty period or repaired twice still does not use, the operator shall be responsible for free replacement or return. Big-ticket goods, consumers require the operator to repair, replacement or return, the operator shall be responsible for the transportation. Operators to a sale, lottery sales, comes provided in the form of merchandise, prizes, gifts, free services, the application of this provision.
 
Word Comments: All merchandise must be "three guarantees".
 
Two years ago, some organizations in civil done such a survey: Do you think that the most important of which law? Topping the list are: the Consumer Protection Law.
 
"The existing Consumer Law" was promulgated in 1993, with the development of society, it has shown some unsuitability. "Said Zhou Hui, secretary general of the Consumers Association of Nanjing, the revised version of the second" Consumer Law " draft, and for the first time compared to this time involving modified range is wide.
 
According to industry estimates, the latest introduction of the time of this modify the law should be in before the end of 2012.
 
"Double Indemnity" X times the compensation will become
 
"Consumer Law" Article 49: the amount of the operators provide goods or services fraud, should be in accordance with the requirements of the consumers to increase compensation for the losses suffered by the increase in compensation for the price of consumers to purchase goods or services received cost times.
 
Amend section 49 be amended as follows: operators to provide goods or services, such acts of fraud, coercion or forced transaction, in addition to demand compensation for damages, the consumer can also be the operator required to pay the commodities purchased or receiving services less than X times the cost of the damages.
 
● real encounter:
 
Earlier this year, consumers Mr. Ma dining lunch with friends at a restaurant in Nanjing. Mr Ma checkout to pay their money, look at the way the bill found a $ 16 dishes did a bit, the restaurants carefully check found the bill does more of this dish, the the Mr. Ma actual consumption of 120 yuan, the hotel has received Mr. Ma 136 yuan, more than $ 16 million. The two sides at loggerheads over the case, consumers will be the matter of complaints to the Consumers' Association.
 
To the Consumers Association, arrogant restaurant owner dropped 32 yuan sped away. In this regard, Mr. Ma was both angry and helpless, however, the Consumers Association also expressed powerless, because the maximum compensation given by the "Consumer Law" permission is Double Indemnity.
 
● Modify Interpretation:
 
"Only by strengthening the efforts of the punitive terms to business tort deter." Secretary-General Zhou Hui said, according to the Consumers Association of mediation experience, most unscrupulous businessmen fear, punitive damages and class action. Therefore the scale of punitive damages to be adjusted in the new "Consumer Law" is the trend.
 
He believes that the new Consumer Law need to learn from the Food Safety Law of fake a penalty ten punitive damages system doubled to ten times. Punitive damages system of both national traditions, but also beneficial to learn from the developed countries, the system design. Punitive damages system such as the United States is no upper limit, and we have. If is not capped, next to Paul at the end of thinking difficulties, at least take a penalty at a compensation to fake a penalty ten now.
 
Zhou Hui recommendations to increase no responsibility for compensation terms, which provides that as long as the goods sold, services provided infringe upon the legitimate rights and interests of consumers, merchants should be liable for compensation.
 
Buy a car is also protected by the Consumer Law
 
"Consumer Law" Article: consumer-life consumer need to purchase and use of goods or services, and its rights and interests protected by this law.
 
New Amendment: The purposes of this Law, consumers, non-purchase for production and business purposes, the use of goods or services of natural persons.
 
● real encounter:
 
Last year, Mr. Wang bought a car accident refurbishment when new cars sold cars to the court. Applicable court judgment distribution company Double Indemnity "Consumer Law"; same at the local, but also in the last year, a consumer buy an opened more than two thousand kilometers when new car sales of used cars to the court, the court think of luxury vehicles, does not belong to the adjustment range of the Consumer Law, consumers Double Indemnity request not support.
 
● Modify Interpretation:
 
What is a "consumer"? What is a "consumer"? According to the adjustment and the applicable range of the "Consumer Law" is a "consumer-life consumer need to purchase the use of goods or services whose interests shall be protected by this Law. What is the consumption needs of life, are not clearly defined. In practice, the applicability of the "Consumer Law", it all depends on the judge cognition degree.
 
The newly revised "Consumer Law" draft explicitly, the consumer is defined as non-purchased for production or business purposes, the natural person to use the goods or services received. Zhou Hui, Secretary-General of the Nanjing Consumers Association, pointed out that the view from the formulation of the sentence, cars, houses and other commodities will also be expected to enter the new "Consumer Law" under the jurisdiction of the column.