First, systematically and comprehensively stipulate the obligations of e-commerce operators to protect the rights and interests of users and consumers.
1, general protection obligation. The obligations of protecting consumers' rights and interests, network security and personal information should be fulfilled, and the goods sold or services provided should meet the requirements of protecting personal and property safety.
2. Information disclosure obligations. The information of goods or services should be fully, truly, accurately and promptly disclosed to protect consumers' right to know and choose.
3. The obligation of true publicity. Do not make false or misleading commercial propaganda in the form of fictitious transactions or fabricated user evaluations. Deceive or mislead consumers.
4. Fair trade obligations. If the search results of goods or services are provided to consumers according to their hobbies, consumption habits and other characteristics, they should also provide consumers with options that are not aimed at their personal characteristics, and respect and protect the legitimate rights and interests of consumers equally.
5. The obligation to send advertisements according to law. Those who send advertisements to consumers shall abide by the relevant provisions of the Advertising Law.
6. tying prompt obligation. Tying goods or services should be brought to the attention of consumers in a significant way, and tying goods or services should not be taken as an option for default consent.
7. Fulfill obligations according to commitments or agreements. Goods or services shall be delivered to consumers in the manner and within the time limit promised or agreed to.
8. Obligation to refund the deposit reasonably. If the deposit is collected from consumers according to the agreement, the methods and procedures shall be clearly stated, and unreasonable conditions shall not be set.
9. The methods and procedures for inquiring, correcting, deleting and canceling user information shall be clearly stated, and unreasonable conditions shall not be set.
10. Obligation to conclude a contract fairly. It is not allowed to stipulate in the form of standard terms that the contract will not be established after the consumer pays the price.
1 1. Accepting and handling complaints and reporting obligations. It is necessary to establish a convenient and effective complaint reporting mechanism, disclose information such as complaint reporting methods, and promptly accept and handle complaints and reports.
Second, in order to regulate the "private power" of platform resources that may be abused by e-commerce platform operators, the platform obligations and responsibilities are set in a targeted manner.
1. Platform obligations:
(1) The obligation to distinguish and mark the self-operated business. Where self-operated business is carried out on its platform, it shall distinguish the self-operated business from the business carried out by operators in the platform in a significant way, and shall not mislead consumers.
(2) Retain the obligation of consumer evaluation. Consumers' comments on goods sold or services provided by their platforms shall not be deleted.
(3) Reasonable publicity obligation. The search results of goods or services should be displayed to consumers in various ways according to the price, sales volume and credit of goods or services; Goods or services ranked through bidding shall be clearly marked with "advertising".
(4) The obligation of consumers to assist in safeguarding rights. When consumers buy goods or accept services on the e-commerce platform and have disputes with operators in the platform, the e-commerce platform should actively assist consumers to safeguard their legitimate rights and interests.
2. Platform responsibilities:
(1) Prepaid liabilities. Consumers can require the e-commerce platform to bear the first compensation liability according to the relevant provisions of the Consumer Protection Law.
(2) Joint and several liability. If you know or should know that the goods sold or services provided by the operators in the platform do not meet the requirements of protecting personal and property safety, or there are other acts that infringe upon the legitimate rights and interests of consumers, and you fail to take necessary measures, you shall be jointly and severally liable with the operators in the platform according to law.
(3) corresponding responsibilities. Commodities or services involving consumers' life and health, which fail to fulfill the obligation to review the qualifications of operators in the platform, or fail to fulfill the obligation to protect consumers' safety, thus causing damage to consumers, shall bear corresponding responsibilities according to law.
The third is to clearly stipulate that the state maintains the security of e-commerce transactions and protects the information of e-commerce users.
In the special chapter on legal liability, corresponding administrative penalties are also set for acts that violate the provisions on the protection of users and consumers' rights and interests.
In a word, this is all that Bian Xiao has compiled for everyone. With the promulgation of e-commerce law,
On August 8th, E-commerce Research Center, an e-commerce think tank, released "China E-commerce User Experience and Complaints Monitoring Report (I)".
Up to now, it has been released 14 times, which is regarded as "e-commerce 3 15 weather vane", and 262 home appliance manufacturers have become hot spots of complaints. If e-commerce platforms and operators do not control their own services and quality, any platform will not last long. If you have more relevant legal advice, you are welcome to seek the help of professional lawyers.