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Online Shopping Has The Right To Regret, Buyers Happy Sellers Worry.

2014/2/21 14:03:00 13

Online ShoppingInternet TradingReturn

What should we do if we don't want to buy something online? P, which is about to be implemented in March 15th, "except for special products, there is no reason to return products within 7 days from the date of receiving products", which may help you solve this problem.

Recently, the SAIC announced the "Internet paction management measures". Consumers' online shopping "regret right" will be supported at the legal and departmental level.

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< p > < strong > > a href= "//www.sjfzxm.com/news/index_c.asp" > online shopping < /a > new regulations: "regret right" has support and protection < /strong > /p >


< p > February 13th, the State Administration for Industry and Commerce promulgated the "network paction management measures" (hereinafter referred to as the "method"). In the method, the real name system, consumers' return within seven days, prohibition of brush evaluation, and the promotion of business reputation by fictitious trading were all specified in the method.

The "method" will be implemented in March 15th this year and the newly revised consumer protection law adopted by the Standing Committee of the National People's Congress in October last year.

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< p > on the introduction of the "network paction management measures", Professor Wu Jingming, School of civil economics and law, China University of Political Science and Law, said that for the new consumer law, whether it is a business engaged in online pactions or online shopping consumers, it is necessary to have a correct understanding and understanding in order to promote the healthy and rapid development of online shopping and e-commerce in China.

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Professor Wu Jingming took part in the legislative process of the new consumer law. He thought that because the legal revision involved in the new field of off-site shopping (including online shopping, TV shopping, telephone shopping, etc.), it also showed considerable caution in the formulation of the terms for the principle of fairness in legislation.

He gave seven days no reason to return goods, for example, strict boundaries for goods, no reason is not unconditional, the terms limit the scope and types of returned goods: custom-made, fresh and perishable, online downloading or consumer packaged video products, computer software and other digital goods, delivery of newspapers, periodicals and other categories of commodities can not be returned.

The return product depends on the nature and the agreement between the two parties, such as underwear and other personal clothing.

In addition, there are other provisions, such as goods must be returned in good condition.

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< p > for the seller's concern about the issue of postage postage, Wu Jingming pointed out that when the seller is not at fault, the commute should be borne by consumers, which is also to avoid consumers' abuse of rights.

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< p > < strong > buyers worry: it is easier to make applause than /strong /strong >


Consumers have generally applauded the introduction of this regulation P, but there is also some concern about its specific details and implementation.

Miss Wang, who often buys online, told reporters that many things were found unsuitable after they were bought, but there was no way to return them. With this provision, it is a great progress to protect the legitimate rights and interests of ordinary consumers.

Other consumers have a broader view. If this regulation can effectively protect the legitimate rights and interests of consumers, it will hopefully stimulate further online shopping, thereby stimulating domestic demand.

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< p > but some consumers expressed their concerns.

For example, for the "seven days" dispute, the "method" sixteenth has limited how to refund the refund: for goods that are allowed to return, consumers need to return the goods within seven days from the date of receipt of the goods; the online commodity operators should return the commodity price paid by the consumers within seven days from the date of receipt of the returned goods.

The freight refund for the goods shall be borne by the consumer; if the network commodity operator and the consumer have agreed otherwise, the contract shall be agreed upon.

Is the date of receipt or the actual time taken by consumers? Mr. Huang, who works in a foreign trade company in Hangzhou, said, "frequent business trips outside, the package is collected by the security room. If you return from a business trip for ten days, you will have a seven day return period. How do you safeguard your rights?" Sina netizens "pull flowers" said that before the netizen's drying list, the courier showed that "door handles sign" and "door closing sign", so that there was a dispute over the goods collected, how to judge? There were buyers worried that if the goods were delayed in logistics, how to determine the validity period of seven days, how many times the goods returned during the process of return, how to calculate the postage, how to identify the damage occurred during the return process. In response to this stipulation, many consumers murmured: "within seven days from the date of receipt of the goods", it was shown in the logistics system.

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< p > other buyers worry that "7 days without reason to return" is just a shot in the air. When it is time to return, some sellers will educate you in Wangwang, saying you do not understand shopping games.

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< p > but in general, most consumers agree that the right to regret is in order to safeguard the interests of online shopping and promote online shopping pactions.

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< p > < strong > sellers worry: buying in disorder or increasing business burden < /strong > < /p >


Compared with buyers' general optimism, sellers can not help worrying about how their rights will be protected after the implementation of the new regulation P.

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< p > many shopkeepers worry that after the new regulations come out, consumers will blindly shop because they can return goods, and will buy online shopping with the mentality of "returning the goods and buying them first", thus contributing to this irresponsible online shopping behavior, which will ultimately greatly increase the burden on businesses.

Taobao shopkeepers Xie said that some consumers would be blinded by the introduction of management measures. They felt that "they could return products, buy them first, try them out", and buy clothes for a few days to return. This is unfair to businesses.

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At the same time, the seller also raised a lot of operational concerns. < p >

Some sellers believe that there are many commodities that are not suitable for returning goods, such as underwear, ear studs and other personal hygiene products, except for several types of goods that do not meet the requirement of return.

Taobao sellers "warm wish" said, is it not in addition to the regulations, there are still unsuitable returns to be announced at the store? What is the problem of returning the goods? Do not affect the two sale how to define? < /p >


< p > there are also businessmen worried that the goods returned by some malicious consumers are not goods of their own stores. How will sellers protect their rights and interests? Taobao seller jiaen9999 said that the goods returned by malicious consumers are not goods of their own stores, but sellers should be deeply punished in the embarrassment of not being executed for seven days without any reason to return them. Who will manage such a situation? < /p >


< p > in addition, the upcoming implementation of < a href= "//www.sjfzxm.com/news/index_c.asp > > network paction < /a > management method has made many online merchants unfair. Why can't many offline stores do no reason to return products, and require the sellers to perform this commitment? If we want to impose strict regulations on online shopping, should we also treat the offline stores equally?" /p >


< p > strong > electric business platform: protection of a href= "//www.sjfzxm.com/news/index_c.asp" > consumer rights < /a > has been in action < /strong > /p >


< p > as the largest e-commerce platform in China, Taobao has said that in order to ensure better protection of consumers' shopping rights and interests, Taobao sellers' quality service capabilities, including Tmall and Taobao's Amoy trading platform, have already made corresponding provisions and specific implementation of these regulations.

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< p > January this year, Taobao announced that it would implement 7 days' unwarranted return service for 6 years and upgrade to a return promise agreement. The seller can set up a 15 day return and further improve the level of consumer protection.

Taobao staff said, including seven days no reason to return a variety of consumer protection measures, in fact, Taobao and Tmall have been implemented for a long time, such as fake three, quality commitment, delivery time, etc., consumers can choose according to their actual needs.

Taobao hopes to promote the healthy development of this network's largest retail market through various attempts.

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"P" Yi soon network related personages also indicated that will include to the front page publication and the internal sale service aspect to carry on the adjustment, it is expected to announce the implementation details to the consumer at the end of February.

Jingdong said it strongly supports the "measures" of the SAIC, and has already started trial since January 1, 2014.

At present, the company has fully trained and standardized businesses to be implemented according to the "measures".

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< p > < strong > expert opinion: the operation is very difficult and the executive power is to be observed < /strong > < /p >.


< p > "from the perspective of overall feasibility," seven days no reason to return goods "is more difficult to operate.

Alamu J, deputy director of the policy and Law Committee of the China Electronic Commerce Association, and director of the network regulation research center, said that although the laws and regulations enumerated that products that could not be returned by reason were unreasonable, it was difficult to exhaust them.

Experts suggest that, for example, the assumption of freight costs, the "new consumer law" is a consumer commitment, if the freight is back and forth several times, how to implement may still be a problem.

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Zhang Yanlai, a researcher at the China Electronic Commerce Research Center in China and a lawyer for Zhejiang Golden Road law firm, said that the biggest obstacle to the implementation of the regulations may be that after the return of the goods, what does not affect the two sales comparison is difficult to define, such as how the clothes have perfumes in the test, and what is the situation of the two sales? < /p >.


< p > alamusi believes that the implementation of consumers' "regret right" will undoubtedly increase the volume of returns. At present, the electricity supplier platform has assumed a very important obligation. If the future small paction disputes need to go through the industrial and commercial, Consumer Association and judicial procedures, not only the cycle is long, but also the administrative strength and manpower is limited, the online shopping platform as a third party's involvement in coordination needs to be further strengthened.

"Even when it comes to litigation, how to identify the relevant evidence of online pactions has always been a difficult problem."

Alamusi believes that the difficulty of obtaining evidence and the high cost of litigation requires a long way to satisfy all parties.

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< p > however, many experts also said that the current online shopping environment is generally improving, and the new regulation is only a package return, which does not involve multiple compensation, and the postage is also handled by the buyer himself.

Mao Ajing, an analyst with Analysys International, believes that the implicit chain of interest in the returned goods has not yet produced the conditions for the return of gray industry chain similar to that of "professional judges".

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< p > experts believe that the law is only one aspect. The regulation of the market must rely on industry self-discipline and consumers' own norms and integrity, and gradually develop a mature online shopping environment. This also requires the electric power platform to take the responsibility.

The implementation of the new regulation will encourage more people to try online shopping, and the market will also increase. The ultimate direction is to constantly regulate the market, drive consumers' desire to buy, and stimulate domestic demand.

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