(Released January 6, 2017, State administration for industry and commerce, 90th) (draft) Chapter I General provisions article for the protection of the consumer rights protection law 7th no reason to return the implementation of the provisions, protect the legitimate rights and interests of consumers, promote the healthy development of e-commerce, according to the consumer protection law and other related laws, administrative regulations, and these measures are formulated.

Article consumers as consumer needs to buy goods over the network, from the date of receipt of the goods pursuant to the consumer protection act in the 7th article 25th returns, these measures shall apply.

Article online commodity sellers shall fulfill its obligation 7th no reason to return.

Internet trading platform provider should guide and supervise the network seller of goods on the platform meeting 7th no reason to return obligations, carry out supervision and inspection, and to provide technical support.

Fourth law that consumers 7th no reason to return the rights and network sales 7th no reason to return the obligation of performance shall be fair, the principles of honesty, adherence to business ethics.

Fifth network the seller of goods shall be encouraged to make these measures more favourable to consumers no reason to return commitment.

Chapter II does not apply to return of product range and good standard of goods article sixth following 7th no reason return policy does not apply to: (a) consumers ordering goods, (ii) perishable goods; (c) opened online download or consumers of audio-video products, computer software and other digital products; (d) the delivery of newspapers and magazines.

Seventh article following nature of commodity by consumers in purchase Shi confirmed, can not applies 7th no reason return provides: (a) opened Hou easy effect personal security or life health of commodity, or opened Hou easy led to commodity quality occurred change of commodity; (ii) once activated or trial Hou value derogatory larger of commodity; (three) sales Shi has express of near shelf life of commodity, and has flaws of commodity.

Article eighth consumers returned merchandise should be in good condition.

Commodities to keep the original quality, functionality, the product itself, accessories, complete brand identity, treated as commodities in good condition.

Based on identification of the needs of consumers open the packaging, or to confirm the product's quality, reasonable debugging functions do not affect the product in good condition. Nineth beyond the identification and recognition of product quality, functionality requires use of a commodity, derogatory commodity value is relatively large, regarded as a commodity not in good condition. Specific judge standard following: (a) food (containing health food), and cosmetics, and medical devices, and family planning supplies: necessary of one-time sealed packaging was damaged; (ii) electronic electrical class: for without authorized of maintenance, and changes, damage, and altered mandatory products certification logo, and indicates standard posted, and machine serial number,, has to recovery undisturbed of appearance class using traces, or produced activated, and authorized information, and not reasonable of personal using data retained, data class using traces; (three) clothing, and hats, and bags, and toy, and home spinning, and

Home categories: brand identity is cut by picking, labeling, product contamination, damaged.

Chapter III return procedures section tenth consumers no reason to return receipt commodities within 7th day of notice in return to network the seller of goods.

7th from consumers for receipt of goods for the period starting on the day of commencement.

11th Internet seller of goods after receipt of the return should be made available to consumers in a timely manner, accurate return address and return contact, return telephone number valid contact information.　

This information shall be promptly returned goods for consumers, and keep the return voucher.

12th consumers should return the product itself, accessories and gifts be returned. Gifts including gifts in-kind, credits, vouchers, coupons and other forms.

If the merchandise cannot be returned, operator can ask consumers in accordance with the prior gift price pay the premium price.

Article 13th consumer goods that have been returned in good condition, online commodity sellers shall, from the date of receipt of the returned goods within the 7th product price refund paid to consumers. Article 14th refunds apply mutatis mutandis to payment of purchased goods.

Agreed by the operators and the customers, their agreement shall prevail.

When purchasing items in various ways to pay the price, should generally be in accordance with the actual payment of the price in an appropriate manner of the payment refund.

In addition to consent of the explicit consent of the consumer, Internet seller of goods should not specify other refunds. 15th consumer credits, vouchers, coupons and other forms of payment, Internet seller of goods in consumers returning returned merchandise should be based on the appropriate form to the consumer.

On integration, the use of vouchers, coupons and agreed by the return, from the Convention.

16th when consumers buy goods using credit card payment method and payment of fees, the network can not refund fees when the seller of goods for a refund.

When consumers buy goods using credit card payments and online merchandise sales exempt from fees, online seller of goods can be deducted from the refund fee.

17th return the purchase price is subject to consumer price for the actual expenditures.　　



Suit or full reduction offer a portion of the goods in return, lead can no longer enjoy preferential, according to purchase prices settled back fill less. Arising out of article 18th returned items shipping charges borne by the consumer in accordance with law.

Agreed by the business operators and consumers, in accordance with the contract.

Consumers meet certain conditions from shipping activities, but after the return has been unable to meet the requirements of free shipping activities, online seller of goods at the time of refund minus shipping.

19th network can consumers agreed to return the merchandise sales, but should not restrict the consumer's return.



Network sales can pick up for free, or consent of the consumer paid pick up.

Fourth chapter of the special provisions of article 20th online commodity seller shall adopt technology or other measures, for the sixth provision do not apply these measures clearly marked 7th no reason to return the goods. In line with the provisions of article seventh commodity, online goods seller in merchandise sales will be the setting process is significantly recognized procedures, to confirm the single purchase behavior of consumers.

If there is no confirmation, networks may not refuse 7th no reason to return the merchandise sales.

21st Internet trading platform provider should platform with networks on the seller of goods entered into an agreement to identify 7th no reason to return the respective rights, obligations and responsibilities.

22nd online trading platform provider shall establish, perfect 7th no reason to return its platform rules related to the consumer protection and support systems, prominently expressed in its platform, and technically to ensure consumers are able to facilitate and complete access and preservation.

Article 23rd Internet trading platform provider should the platform of network sales meeting 7th no reason to return obligations established inspection monitoring system, found to be in violation of the relevant laws, regulations, rules, should take punitive measures in a timely manner, and to provide online trading platform or networks report the seller of goods the local industrial and commercial administrative departments and, if necessary, you can stop on platform services it provides. Article 24th online trading platform provider shall establish a consumer dispute settlement and safeguarding consumers ' self-regulatory system.

Consumers in network trading platform Shang purchase commodity, for return and occurred consumption disputes or its lawful rights and interests of by damage Shi, requirements network trading platform provides who mediation of, network trading platform provides who should mediation; consumers through other channel activist of, network trading platform provides who should to consumers provides its platform Shang of network commodity sales who of real name, and address and effective contact way, active assist consumers maintenance itself lawful rights and interests of.

25th online commodity seller shall establish a perfect 7th no reason to return merchandise inspection and handling procedures.

Will make a full recovery to the initial sale of 7th no reason to return goods, again as a new commodity sales; may not be able to return to the initial sale of 7th again no reason to return merchandise for sale, goods through significant facts clearly marked.

The fifth chapter 26th industrial and commercial administrative departments of supervision and inspection should be on Internet sales and Internet trading platform providers to conduct supervision and inspection, supervise and guide them to establish and improve the operators ' first pay and compensation system, perform network to purchase goods 7th no reason to return duty.

27th industrial and commercial administrative departments should promptly accept and handle consumer complaints and reports about the 7th no reason to return.

28th industrial and commercial administrative departments shall, in accordance with the principles of fairness, openness and timely, way of using recommendations, interviews, demonstrations, on Internet sales and Internet trading platform providers meet 7th no reason to return the legal obligations of administrative guidance.

29th industrial and commercial administrative departments in the supervision and inspection of online commodity trading, found that the operator's refusal to meet 7th no reason to return obligations, against consumers ' legitimate rights and interests, should be investigated in accordance with law and punishment information credited to the credit files, to the public.

Article 30th sixth chapter legal liability article 30th online seller of goods in violation of the article sixth and seventh article, without expanding 7th no reason to return the range of goods shall not apply, in accordance with the 56th article of the Consumer Protection Act (VIII), shall be punished. 31st article network commodity sales who violation this approach provides, has following case one of of, in accordance with consumers interests protection method 56th article first paragraph subsection (eight) items provides be punishment: (a) without consumers in purchase Shi confirmed, unauthorized to commodity not applies 7th no reason return for by refused to return, or to consumers has opened, and identification effect commodity intact for by refused to return of; (ii) since received consumers return requirements of day up over 15th not handle return procedures, or not to consumers provides real, and

Accurate return addresses, return contacts, such as contact information, leaving consumers unable to refund procedures; (c) from the date of receipt of the returned goods on more than 15th product price refund paid to consumers.
Article 32nd online trading platform providers violations of the provisions of this article 22nd, no position is significant in its platform express 7th no reason to return rules and supporting the system, or is not technically to ensure consumers are able to facilitate and completely read and save, with a warning and order them to correct; it refuses, fined 10,000 yuan and 30,000 yuan fine.

33rd article network commodity sales who violation this approach 25th article provides, sales not can completely recovery to initial state of no reason return commodity, and not through significantly of way clear mark commodity reality of, violation other legal, and administrative regulations of, in accordance with about legal, and administrative regulations of provides punishment; legal, and administrative regulations not for provides of, be warning, ordered corrected, and at 10,000 yuan above 30,000 yuan following of fine.

34th network trading platform provider refuses to assist industrial and commercial administrative departments suspected of illegal measures, to carry out investigations, with a warning and order them to correct; it refuses, fined not more than RMB 30,000 yuan.

Seventh chapter supplementary articles article 35th industrial and commercial administrative departments in these measures, including the fulfilment of market supervision and Management Department of the industrial and commercial administrative function.

Article 36th network provided by the seller of goods goods do not meet the quality requirements, consumer demand returns, applying article 24th of the consumer protection act and other regulations.

37th operator by way of selling products such as television, telephone, mail order, in accordance with these rules.

38th article of the approach by the State administration for industry and commerce is responsible for the interpretation. 39th article of the rules take effect on March 15, 2017.