The Consumer Protection Law has been in existence for more than 20 years since its promulgation in 1993. With the rapid development of the economy, the people's living standards have increased rapidly, and consumption habits and consumption concepts have also quietly changed. In the face of the ever-changing consumption pattern, many new situations and new problems have emerged. The original "Cancellation Law" cannot be resolved, and the new "Cancellation Law" will be introduced. The new "Cancellation Law" has made new regulations on hot issues of consumer rights protection such as online shopping, public interest litigation, and punitive damages.
Then, what are the regulations related to the home industry in the new "Cancellation Law", and how should enterprises deal with it?
1. New regulations related to the home furnishing industry in the new Consumer Law
1. The burden of proof is reversed, and the decoration can be complained by consumers within 6 months. The seller must self-certify.
China's "Civil Procedure Law" stipulates that "the parties have the responsibility to provide evidence for their own claims" and establish the principle of burden of proof of "who advocates and who gives evidence."
In the past, large-scale goods purchased by consumers have been found to be defamatory, and disputes have often been confused and difficult to defend. Articles 23 and 3 of the new "Drug Law" stipulates: "Services such as motor vehicles, computers, televisions, refrigerators, air conditioners, washing machines, etc. provided by the operators, or decoration and decoration services, are accepted by consumers. If the dispute arises within 6 months from the date of the goods or services, the operator shall bear the burden of proof concerning the defects."
This regulation clearly stipulates that if there is a quality problem within six months of the "decoration and decoration" service, it can be complained and the seller will self-certify.
2, "remote shopping" 7 days no reason to return: except for the parties to the transaction.
Article 25 of the new "Cancellation Law": "Operators use the Internet, TV, telephone, mail order, etc. to sell goods. Consumers have the right to return within seven days from the date of receipt of the goods, and there is no need to explain the reasons, but the following four categories Except for commodities: (1) custom-made goods for consumers; (2) fresh and perishable goods; (3) digital products such as audio-visual products and computer software downloaded online or by consumers; (4) newspapers and periodicals delivered. In addition to the goods listed in the preceding paragraph, other goods that are not suitable for return according to the nature of the goods and confirmed by the consumer at the time of purchase are not applicable for no reason.
In recent years, online shopping and TV shopping have developed rapidly, and online shopping has gradually entered the daily lives of the people. However, because online shopping products are invisible and intangible, only relying on image cognition may cause a difference in the perception of the physical products of the transaction. Therefore, when the new "Cancellation Law" gives consumers "remote shopping", there is no reason to repent for 7 days. The right, the return shipping cost is borne by the consumer, unless otherwise agreed by the buyer and the seller. The online seller needs to return the price paid by the consumer within 7 days after receiving the return.
Compared with the old "elimination of the law", the new "elimination of the law" clearly said "no" to online shopping fraud, giving consumers the right and obligation to unilaterally terminate the contract within a certain period of time.
It should be noted that the consumer “remote shopping†return must ensure that the goods are not used, the quality is intact, the original packaging is not damaged, and the sales are not affected.
3, overlord, fraud contract terms, can be initiated by local consumer associations.
Article 47 of the new Consumer Law: "For the violation of the legitimate rights and interests of many consumers, the Chinese Consumers Association and consumer associations established in provinces, autonomous regions and municipalities directly under the Central Government may file a lawsuit in the People's Court."
The disputes dealt with by “public interest litigation†involve numerous and unspecified consumer rights, such as unfair and unreasonable overlord clauses, false advertisements and false propaganda, which infringe upon the interests of numerous and unspecified consumers. The committee may file a public interest litigation. For example, in the case of mass incidents such as buying a house or milk powder, consumers tend to be weak, and rights protection is often difficult. At this time, consumers can ask the local consumer rights protection association to file a lawsuit.
4. Increase the compensation for consumers by fraudulent acts of the operators.
Article 50 of the new "Clean Law" stipulates: "If the operator provides fraudulent acts of goods or services, it shall increase the compensation for the losses suffered by the consumers according to the requirements of the consumers, and increase the amount of compensation for the price of the goods purchased by the consumers or accept the services. Three times the cost; if the amount of compensation is less than five hundred yuan, it is five hundred yuan. If the law provides otherwise, according to its provisions."
5, the waiter tempered: consumers can ask for mental compensation.
Article 50 of the new Consumer Law stipulates: "If the operator violates the personal dignity of the consumer, infringes on the personal freedom of the consumer or infringes on the consumer's personal information and is protected according to law, it shall stop infringing, restore reputation, eliminate influence, and pay ruling. Apologize and compensate for the loss."
Article 51 stipulates: "If the operator has insulted, searched the body, violated personal freedom and other acts that infringe on the personal rights and interests of consumers or other victims, causing serious mental damage, the victim may claim compensation for mental damage."
6. Merchants must not disclose or resell personal information of consumers.
Articles 50 and 56 of the new Consumer Law stipulate the civil liability and administrative responsibility that should be borne by the infringement of consumers' personal information, and enhance the shock to the illegal operators by crediting the credit files and publishing them to the public. To help personal information get better protection.
This is the first time that personal information protection has been confirmed as a consumer's interest.
Second, the e-commerce response is rapid, and there is no reason to return the time.
Since the implementation of the new "Cancellation Law", Baidu, Gome Online and other well-known e-commerce companies have launched six new initiatives to implement the new consumer law. One of the most striking items is that for clothing, shoes, luggage and merchandise, there is no reason to return the consumer online shopping for no reason, and the number of new stipulations is increased to 10 days.
Among them, Taobao updated the system and forced the store to hang for 7 days without any reason to return the logo. Consumers can see the "7" and "7+" logos on the Taobao main search page, shopping cart, order confirmation page, security card, shopping support, etc. With the "7+" logo, the coverage is covered. 8, 9, 10 and up to 15 days of return time commitment, the seller can set their own.
Third, the pan home industry is facing adjustment
In the pan-home industry, due to the three-party game and market competition of consumers, dealers and manufacturers, it has entered the “better than brand†stage from “quality than†and some enterprises have entered the “than-service†stage.
Therefore, the new "Cancellation Law" has no reason to return in 7 days, which has the least impact on business management. This article is the first to be hyped by e-commerce companies. For the decoration and decoration materials industry, the most affected enterprises are the “unqualified†enterprises: the production process control and product quality self-inspection should be strengthened.
The information disclosed in the new "Cancellation Law" is: With the development of the economy and the progress of society, the reasonable demands of consumers and consumer groups should not be ignored or ignored. The legitimate rights and interests of consumers should be fully respected, and they should be practical and practical. Do a good job in products and services.
In the pan-home industry, there are still few popular mass brands. Enterprises that have the heart to become bigger and stronger, in the service homework, can not drop the training of the team and the new "elimination of the law", and based on the new "elimination of law", rational adjustment of product design, production process, marketing policy, Improve service quality. (Welcome to our WeChat public number: Jiuzheng ceramic sanitary ware network or jiuzhengtaoci, the latest and most professional industry information, investment agency joining information for you to continue to send, to help your career development!)
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