Chapter I General Provisions
Article 1 This Law is formulated for the purpose of protecting the legitimate rights and interests of consumers, maintaining social and economic order and promoting the healthy development of the socialist market economy.
Article 2 The object regulated by this Law-consumers' consumption behavior-consumers' rights and interests in purchasing, using goods or receiving services for their daily consumption needs are protected by this Law; Matters not specified in this Law shall be protected by other relevant laws and regulations.
Article 3 The object of this Law-the business behavior of business operators-business operators shall abide by this Law when providing consumers with the goods or services they produce and sell; Where there are no provisions in this law, other relevant laws and regulations shall be observed.
Article 4 Legislative Principles When conducting transactions with consumers, business operators should follow the principles of voluntariness, equality, fairness, honesty and credibility.
Article 5 Duty of the State to Protect the Legitimate Rights and Interests of Consumers The State protects the legitimate rights and interests of consumers from infringement.
The state takes measures to ensure that consumers exercise their rights according to law and safeguard their legitimate rights and interests.
The state advocates civilized, healthy, resource-saving and environment-friendly consumption patterns and opposes waste.
Article 6 Protection of Consumer Rights and Interests The principle of social participation It is the common responsibility of the whole society to protect the legitimate rights and interests of consumers.
The state encourages and supports all organizations and individuals to conduct social supervision over acts that harm the legitimate rights and interests of consumers.
The mass media should do a good job in propaganda to safeguard the legitimate rights and interests of consumers, and conduct public opinion supervision over acts that harm the legitimate rights and interests of consumers.
Chapter II Consumer Rights
Article 7 Consumers have the right to protect personal and property safety when purchasing and using commodities and receiving services.
Consumers have the right to demand that the goods and services provided by business operators meet the requirements of protecting personal and property safety.
Article 8 Consumers who have the right to know have the right to know the real situation of the goods they buy or use or the services they receive.
Consumers have the right to require business operators to provide prices, places of origin, producers, uses, performance, specifications, grades, main ingredients, production dates, expiration dates, inspection certificates, instructions for use, after-sales services or the contents, specifications and expenses of services, etc. according to different conditions of goods or services.
Article 9 Consumers have the right to choose their own commodities or services.
Consumers have the right to choose their own operators to provide goods or services, choose their own varieties of goods or services, and decide whether to buy or not to buy any kind of goods or accept or not to accept any kind of services.
Consumers have the right to compare, identify and choose their own goods or services.
Article 10 Right to Fair Trade Consumers shall enjoy the right to fair trade.
When purchasing goods or receiving services, consumers have the right to obtain fair trading conditions such as quality assurance, reasonable price and correct measurement, and have the right to refuse the compulsory trading behavior of operators.
Article 11 consumer who have that right to compensation have the right to receive compensation according to law if they suffer personal or property damage due to the purchase or use of commodity or the acceptance of services.
Article 12 Consumers have the right to establish social organizations to safeguard their legitimate rights and interests according to law.
Article 13 consumer who have acquired intellectual property right have that right to acquire knowledge about consumption and the protection of consumers' rights and interests.
Consumers should strive to master the knowledge and skills of the goods or services they need, use the goods correctly and raise their awareness of self-protection.
Article 14 Right to be respected and right to information protection Consumers have the right to have their personal dignity and national customs respected and their personal information protected according to law when purchasing and using commodities and receiving services.
Fifteenth consumers have the right to supervise the goods and services and the protection of consumers' rights and interests.
Consumers have the right to report and accuse violations of consumers' rights and interests, as well as illegal and dereliction of duty of state organs and their staff in protecting consumers' rights and interests, and have the right to make criticisms and suggestions on protecting consumers' rights and interests.
Chapter III Obligations of Operators
Article 16 Business operators shall perform their statutory and agreed obligations. When providing commodities or services to consumers, business operators shall perform their obligations in accordance with this Law and other relevant laws and regulations.
If there is an agreement between the operator and the consumer, they shall perform their obligations in accordance with the agreement, but the agreement between the two parties shall not violate the provisions of laws and regulations.
When providing commodities or services to consumers, business operators shall abide by social morality, be honest and trustworthy, and protect the legitimate rights and interests of consumers; Unfair and unreasonable trading conditions shall not be set, and trading shall not be forced.
Article 17 A voluntary business operator who listens to opinions and accepts supervision shall listen to the opinions of consumers on the goods or services provided by them and accept the supervision of consumers.
Article 18 A security obligation operator shall ensure that the goods or services it provides meet the requirements of protecting personal and property safety. For goods and services that may endanger personal and property safety, consumers should be given a true explanation and a clear warning, and the methods of correctly using goods or receiving services and the methods of preventing harm should be explained and marked.
Operators of hotels, shopping malls, restaurants, banks, airports, stations, ports, theaters and other places of business shall fulfill their obligations of safety protection for consumers.
Article 19 Obligatory operators who take timely measures for defective products and services shall immediately report to the relevant administrative departments and inform consumers when they find that the goods or services they provide are defective and endanger the safety of people and property, and take measures such as stopping sales, warning, recall, harmless treatment, destruction, and stopping production or services. Where recall measures are taken, the business operator shall bear the necessary expenses incurred by consumers for recalling goods.
Article 20 Obligatory business operators who provide true and comprehensive information shall provide consumers with information such as the quality, performance, use and expiration date of goods or services, and shall not make false or misleading propaganda.
Business operators should give true and clear answers to the questions raised by consumers about the quality and usage of the goods or services they provide.
Business operators shall clearly mark the prices of commodities or services provided.
Article 21 A voluntary operator with a real name and logo shall indicate the real name and logo.
Operators who lease other people's counters or venues shall indicate their real names and marks.
Article 22 Obligatory operators who issue invoices, vouchers and documents shall provide commodities or services, and shall issue invoices and other purchase vouchers or service documents to consumers in accordance with relevant state regulations or business practices; When consumers ask for service documents such as shopping vouchers or invoices, business operators must issue them.
Twenty-third defects warranty obligations, defects burden of proof operators should be in the normal use of goods or services, to ensure the quality, performance, use and validity of the goods or services they provide; However, consumers already know that there is a defect before buying goods or receiving services, except that the existence of the defect does not violate the mandatory provisions of the law.
Where a business operator indicates the quality of goods or services by advertisements, product descriptions, physical samples or other means, it shall ensure that the actual quality of the goods or services it provides is consistent with the indicated quality.
If consumers find defects in durable goods such as motor vehicles, computers, televisions, refrigerators, air conditioners, washing machines and other services provided by operators within six months from the date of accepting goods or services, and disputes arise, the operators shall bear the burden of proof for the defects.
Article 24 If the goods or services returned, replaced or repaired by the "Three Guarantees" obligation operators do not meet the quality requirements, consumers may return them in accordance with the provisions of the state and the agreement of the parties concerned, or require the operators to fulfill the obligations of replacement and repair. If there is no state regulation and agreement between the parties, consumers can return the goods within seven days from the date of receipt; After seven days, consumers who meet the statutory conditions for terminating the contract can return the goods in time. If it does not meet the statutory conditions for terminating the contract, it may require the operator to fulfill the obligations of replacement and repair.
Where goods are returned, replaced or repaired in accordance with the provisions of the preceding paragraph, the business operator shall bear the necessary expenses such as transportation.
Twenty-fifth no reason to return the system operators use the Internet, television, telephone, mail order and other ways to sell goods, consumers have the right to return the goods within seven days from the date of receipt, without giving reasons, except for the following goods:
(1) ordered by consumers;
(2) Fresh and perishable;
(3) Digital commodities such as audio-visual products and computer software downloaded or unpacked by consumers online;
(4) newspaper delivery.
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 consumers at the time of purchase are not returned without reason.
The goods returned by consumers shall be in good condition. The business operator shall refund the commodity price paid by the consumer within seven days from the date of receiving the return. The return freight is borne by the consumer; Unless otherwise agreed between the operator and the consumer, such agreement shall prevail.
Article 26 Obligatory operators who correctly use standard terms shall draw consumers' attention to the quantity and quality, price or cost, time limit and method of performance, safety measures and risk warning, after-sales service, civil liability and other matters related to consumers' major interests in a conspicuous way, and explain them according to consumers' requirements.
Operators shall not make unfair and unreasonable provisions to consumers, such as excluding or restricting consumers' rights, reducing or exempting operators' responsibilities, and aggravating consumers' responsibilities, by means of format clauses, notices, statements, shop notices, etc. , and shall not use format terms and use technical means to force transactions.
Format terms, notices, statements, shop notices, etc. If it contains the contents listed in the preceding paragraph, its contents are invalid.
Article 27 A voluntary business operator shall not infringe upon the personal dignity and personal freedom of consumers, insult or slander consumers, search consumers' bodies and articles they carry, or infringe upon consumers' personal freedom.
Article 28 Information Disclosure Obligations of Operators in Specific Fields Operators who provide goods or services by Internet, television, telephone or mail order, and operators who provide financial services such as securities, insurance and banking, shall provide consumers with information such as business address, contact information, quantity and quality of goods or services, price or cost, time limit and method of performance, safety precautions and risk warning, after-sales service and civil liability.
Twenty-ninth operators who voluntarily protect consumers' personal information should follow the principles of legality, justice and necessity in collecting and using consumers' personal information, clearly state the purpose, method and scope of collecting and using information, and obtain the consent of consumers. When collecting and using consumers' personal information, business operators shall disclose their collection and use rules, and shall not collect and use information in violation of the provisions of laws and regulations and the agreement of both parties.
Operators and their staff must keep the personal information of consumers strictly confidential, and may not disclose, sell or illegally provide it to others. Operators shall take technical measures and other necessary measures to ensure information security and prevent consumers' personal information from being leaked or lost. In case of information leakage or loss, remedial measures should be taken immediately.
Without the consent or request of consumers, or the explicit refusal of consumers, business operators shall not send commercial information to consumers.
Chapter IV State Protection of the Legal Rights and Interests of Consumers
Article 30 The right of consumers and consumer organizations to participate in legislation The State shall listen to the opinions of consumers and consumer associations and other organizations when formulating laws, regulations, rules and mandatory standards concerning consumers' rights and interests.
Article 31 Responsibility of governments at all levels to protect consumers' rights and interests People's governments at all levels should strengthen leadership, organize, coordinate and urge relevant administrative departments to do a good job in protecting consumers' legitimate rights and interests and perform their duties of protecting consumers' legitimate rights and interests.
People's governments at all levels should strengthen supervision, prevent the occurrence of acts that endanger the personal and property safety of consumers, and promptly stop acts that endanger the personal and property safety of consumers.
Article 32 Duties of statutory law enforcement departments The administrative departments for industry and commerce of the people's governments at all levels and other relevant administrative departments shall, within the scope of their respective duties and in accordance with the provisions of laws and regulations, take measures to protect the legitimate rights and interests of consumers.
The relevant administrative departments shall listen to the opinions of consumers, consumer associations and other organizations on the trading behavior of operators and the quality of goods and services, and promptly investigate and deal with them.
Article 33 Duties of Other Administrative Departments The relevant administrative departments shall, within the scope of their respective duties, conduct spot checks on the goods and services provided by business operators regularly or irregularly, and announce the results of spot checks to the public in a timely manner.
Where the relevant administrative departments find and determine that the goods or services provided by the operators are defective and endanger the personal and property safety, they shall immediately order the operators to take measures such as stopping sales, warning, recall, harmless treatment, destruction, and stopping production or services.
Article 34 The relevant state organs shall, in accordance with the provisions of laws and regulations, punish the illegal and criminal acts of business operators that infringe upon the legitimate rights and interests of consumers in providing goods and services.
Article 35 Duties of the People's Court The People's Court shall take measures to facilitate consumers to bring lawsuits. Disputes over consumers' rights and interests in accordance with the provisions of the Civil Procedure Law of People's Republic of China (PRC) must be accepted and tried in a timely manner.
Chapter V Consumer Organizations
Article 36 Consumer associations Consumer associations and other consumer organizations are social organizations established according to law to supervise goods and services and protect the legitimate rights and interests of consumers.
Article 37 Duties of Consumer Association A consumer association shall perform the following public welfare duties:
(a) to provide consumers with consumption information and consulting services, improve the ability of consumers to safeguard their legitimate rights and interests, and guide civilized, healthy, resource-saving and environment-friendly consumption patterns;
(two) to participate in the formulation of laws, regulations, rules and mandatory standards related to the rights and interests of consumers;
(three) to participate in the supervision and inspection of goods and services by the relevant administrative departments;
(four) to reflect, inquire and make suggestions to the relevant departments on issues related to the legitimate rights and interests of consumers;
(five) to accept consumer complaints, and to investigate and mediate the complaints;
(six) complaints involving the quality of goods and services, you can entrust a qualified appraiser to identify, the appraiser shall inform the expert opinion;
(seven) to support the injured consumers to bring a lawsuit against acts that harm the legitimate rights and interests of consumers or to bring a lawsuit in accordance with this law;
(eight) through the mass media to expose and criticize acts that harm the legitimate rights and interests of consumers.
People's governments at all levels shall provide necessary funds and other support for consumer associations to perform their duties.
Consumers' associations should conscientiously perform their duties of protecting the legitimate rights and interests of consumers, listen to their opinions and suggestions, and accept social supervision.
Other consumer organizations established according to law shall carry out activities to protect the legitimate rights and interests of consumers in accordance with the provisions of laws and regulations and their articles of association.
Article 38 Prohibition of Consumer Organizations Consumer organizations shall not engage in commodity business or profit-making services, and shall not recommend commodities and services to consumers by charging fees or seeking benefits in other ways.
Chapter VI Settlement of Disputes
Article 39 When a consumer and a business operator have a dispute over their rights and interests, they can solve it through the following channels:
(a) negotiated settlement with the operator;
(2) Requesting consumers' associations or other mediation organizations established according to law to mediate;
(three) to complain to the relevant administrative departments;
(four) according to the arbitration agreement reached with the operator, submit it to an arbitration institution for arbitration;
(5) bring a lawsuit to the people's court.
Article 40 If a consumer's legitimate rights and interests are damaged when purchasing or using a commodity, he may claim compensation from the seller. If the seller's compensation is the responsibility of the producer or other seller who provided the seller with the goods, the seller has the right to recover from the producer or other seller.
Consumers or other victims who suffer personal or property damage due to commodity defects may claim compensation from sellers or producers. If it is the responsibility of the producer, the seller has the right to recover from the producer after compensation. If it is the responsibility of the seller, the producer has the right to recover from the seller after compensation.
When consumers receive services, their legitimate rights and interests are damaged, and they can claim compensation from the service providers.
Article 41 If the legitimate rights and interests of consumers claiming compensation are damaged when they buy or use goods or receive services after the change of the enterprise, and the original enterprise is divided or merged, they may claim compensation from the enterprise that undertakes their rights and obligations after the change.
Article 42 Joint Liability of Lender and Borrower of Business License If an illegal operator uses another person's business license to provide goods or services, which damages the legitimate rights and interests of consumers, consumers may demand compensation from him or the business license holder.
Article 43 If the legitimate rights and interests of sellers, service providers and consumers who are jointly and severally liable are damaged when buying goods or receiving services at trade fairs or rental counters, they may claim compensation from the sellers or service providers. After the end of the exhibition or the expiration of the counter lease, you can also claim compensation from the organizer of the exhibition or the lessor of the counter. After compensation, the organizer of the fair and the lessor of the counter have the right to recover from the seller or the service provider.
Forty-fourth responsible consumers of online trading platform providers may claim compensation from sellers or service providers if their legitimate rights and interests are damaged by purchasing goods or receiving services through online trading platforms. If the online trading platform provider cannot provide the real name, address and effective contact information of the seller or service provider, consumers may also demand compensation from the online trading platform provider; If the online trading platform provider makes a promise that is more beneficial to consumers, it shall fulfill the promise. After compensation, the online trading platform provider has the right to recover from the seller or service provider.
If the provider of online trading platform knows or should know that the seller or service provider uses its platform to infringe upon the legitimate rights and interests of consumers and fails to take necessary measures, it shall bear joint liability with the seller or service provider according to law.