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Return of goods in Chinese stores online and offline

The Consumer Protection Law of the People's Republic of China states:

 

Article 24 If the goods or services provided by sellers do not meet the quality requirements, consumers may return the goods in accordance with national regulations and the agreement of the parties, or require sellers to perform replacement, repair and other obligations.

 

In the absence of agreements between the parties, consumers may return the goods within seven days from the date of receipt of the goods; if the statutory conditions for terminating the contract are met after seven days, consumers can return the goods in a timely manner, and if they do not meet the statutory conditions for terminating the contract, they can require the operator to fulfill obligations such as replacement and repair.

 

If the goods are returned, replaced or repaired in accordance with the provisions of the previous paragraph, the seller shall bear the necessary costs such as transportation.

 

Article 25: When the seller sells goods via the Internet, television, telephone, postal order, etc., consumers have the right to return the goods within seven days from the date of receipt of the goods without giving reasons, except for the following goods:

 

(1) According to the individual order of consumers;

 

(2) fresh and perishable;

 

(3) Digital products such as audiovisual products and computer software that are downloaded online or opened by consumers;

 

(4) Newspapers and periodicals.

 

With the exception of the products listed in the previous paragraph, other products that are not suitable for return due to the characteristics of the products and consumed by consumers at the time of purchase do not apply to unreasonable returns.

 

Goods returned by consumers must be intact and intact. The seller must return the price paid by the consumer for the goods within seven days from the date of receipt of the returned goods. Shipping costs for returned goods are borne by the consumer; unless the operator and the consumer have agreed otherwise under the contract.

 

Article 45 of the Consumer Protection Law states: “For goods that are repaired, replaced or returned in accordance with the requirements of the state or as agreed between the operator and the consumer, the operator is responsible for repairing, replacing or returning the goods. during the warranty period. If, after two repairs, it will not be used under normal conditions, the operator is responsible for replacement or return.

 

Article 12 of the Retailer Promotional Conduct Administrative Measures states: “Retailers shall not compromise the quality and after-sales service of promotional items (including prizes and gifts sold with prizes) when conducting promotional activities and shall not use poor quality items as prizes, gifts.

 

Article 18 of the "Retailer Promotional Conduct Administrative Measures" states: "Retailers shall not refuse to return or exchange goods or prevent consumers from returning or exchanging goods for promotional reasons."

 

Consider also the provisions of the Provisional Measures for Returning Goods Purchased Online within Seven Days for No Reason (Promulgated by Order No. 90 of the State Administration of Industry and Commerce of January 6, 2017)

 

Article 1 In order to enforce the Consumer Protection Law in the event of unreasonable return of goods within seven days, protect the legitimate rights and interests of consumers, and promote the healthy development of e-commerce, this article is formulated in accordance with the "Consumer Protection Law" and other relevant laws and administrative regulations.

 

Article 2 Consumers who need to purchase goods online for daily consumption and return the goods in accordance with Article 25 of the Consumer Protection Law within seven days from the date of receipt of the goods are subject to these measures.

 

Article 3 Internet sellers of goods are obliged to fulfill the obligation to return goods without giving reasons within seven days in accordance with the law. Online trading platform providers must guide and encourage online sellers of goods on the platform to comply with the seven-day obligation to return goods for no reason, conduct supervision and verification, and provide technical guarantees.

 

Article 4 Consumers who exercise the right to return goods without reason within seven days, and online sellers of goods who fulfill the obligation to return goods without reason within seven days, must adhere to the principles of fairness, honesty and reliability, as well as business ethics.

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