Article 2 Whoever engages in online commodity trading and related services within the territory of People's Republic of China (PRC) shall abide by the laws and regulations of People's Republic of China (PRC) and these Measures.
Article 3 The term "online commodity trading" as mentioned in these Measures refers to the business activities of selling commodities or providing services through the Internet (including mobile Internet).
The term "related services" as mentioned in these Measures refers to providing third-party trading platforms, publicity and promotion, credit evaluation, payment and settlement, logistics, express delivery, network access, server hosting, virtual space rental, website design and production and other for-profit services for online commodity trading.
Article 4 Online commodity trading and related services shall follow the principles of voluntariness, fairness, honesty and credibility, and abide by business ethics, public order and good customs.
Article 5 Encourage and support network commodity operators and related service operators to innovate their business models, improve their service level and promote the development of network economy.
Article 6 Encourage and support online commodity operators and related service operators to set up trade organizations and trade conventions, promote trade credit construction, strengthen trade self-discipline and promote the development of trade norms.
Chapter II Obligations of Online Commodity Operators and Related Service Operators
Chapter II Section 1 General Provisions
Article 7 Operators engaged in online commodity trading and related services shall go through industrial and commercial registration according to law.
A natural person engaged in online commodity trading shall conduct business activities through a third-party trading platform, and submit his real identity information such as his name, address, valid identity certificate and effective contact information to the third-party trading platform. Those who meet the registration conditions shall go through industrial and commercial registration according to law.
Operators engaged in online commodity trading and related services shall obtain relevant licenses in accordance with laws, administrative regulations or the State Council decisions.
Article 8 A legal person, other economic organization or individual industrial and commercial household registered in the administrative department for industry and commerce, who engages in online commodity trading and related services, shall disclose the information published in the business license or the electronic link logo of the business license in a prominent position on the homepage of its website or the main page engaged in business activities.
Article 9 Commodities or services traded online shall comply with the provisions of laws, regulations and rules. Operators are not allowed to trade goods or services prohibited by laws and regulations on the Internet.
Article 10 When selling goods or providing services to consumers, online commodity operators shall abide by the provisions of the Consumer Protection Law, the Product Quality Law and other laws, regulations and rules, and shall not harm the legitimate rights and interests of consumers.
Article 11 When selling goods or providing services to consumers, online commodity operators shall provide consumers with information such as business address, contact information, quantity and quality of goods or services, price or expenses, time limit and method of performance, payment form, return and exchange method, safety precautions and risk warning, after-sales service and civil liability. Take security measures to ensure the safety and reliability of transactions and provide goods or services as promised.
Article 12 When selling goods or providing services, online commodity operators shall ensure the integrity of the goods or services, and shall not reasonably split the goods or services, determine the minimum consumption standard or charge unreasonable fees separately.
Thirteenth online commodity operators selling goods or providing services, should be in accordance with the relevant provisions of the state or business practices to consumers to issue invoices and other purchase vouchers or service documents; With the consent of consumers, it can be published in electronic form. Electronic purchase vouchers or service vouchers can be used as the basis for handling consumer complaints.
When consumers ask for service documents such as shopping vouchers or invoices, online commodity operators must issue them.
Article 14 The information of goods or services provided by online commodity operators and relevant service operators shall be true and accurate, and there shall be no false propaganda or false representation.
Article 15 When selling goods or providing services, online commodity operators and related service operators shall abide by the provisions of the Trademark Law, the Provisions on the Administration of Enterprise Name Registration and other laws, regulations and rules, and shall not infringe upon the rights of others such as the exclusive right to use a registered trademark and the right to name an enterprise.
Article 16 When online commodity operators sell commodities, consumers have the right to return them without reason within seven days from the date of receipt, except for the following commodities:
(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 commodities listed in the preceding paragraph,
The goods returned by consumers shall be in good condition. Online commodity operators shall refund the price paid by consumers within seven days from the date of receiving the return. The return freight is borne by the consumer; If there are other agreements between online commodity operators and consumers, such agreements shall prevail.
Article 17 Where online commodity operators and relevant service operators use contract format clauses in their business activities, they shall comply with the provisions of laws, regulations and rules, determine the rights and obligations of both parties to the transaction according to the principle of fairness, draw consumers' attention to the clauses related to consumers' major interests in a significant way, and explain them according to their requirements.
Online commodity operators and related service operators shall not make unfair and unreasonable provisions to consumers by using contract format clauses, such as excluding or restricting consumers' rights, reducing or exempting operators' responsibilities, and aggravating consumers' responsibilities, and shall not use contract format clauses and technical means to force transactions.
Article 18 When collecting and using the information of consumers or business operators in their business activities, online commodity operators and relevant service operators shall follow the principles of legality, fairness and necessity, clearly state the purpose, manner and scope of collecting and using information, and obtain the consent of those who are collected. When collecting and using the information of consumers or operators, online commodity operators and relevant service 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.
Online commodity operators, related service operators and their staff must keep the collected personal information of consumers or business secrets of operators strictly confidential, and may not disclose, sell or illegally provide them to others. Network commodity operators and related service operators shall take technical measures and other necessary measures to ensure information security and prevent information leakage and loss. In case of information leakage or loss, remedial measures should be taken immediately.
Online commodity operators and related service operators shall not send commercial electronic information to consumers without the consent or request of consumers, or if consumers explicitly refuse.
Article 19 When selling goods or providing services, online commodity operators and related service operators shall abide by the provisions of the Anti-Unfair Competition Law and other laws, and shall not harm the legitimate rights and interests of other operators or disturb the social and economic order by unfair competition. At the same time, it is not allowed to engage in the following acts of unfair competition by using network technology or carriers:
(a) unauthorized use of domain names, names and logos unique to well-known websites, or the use of domain names, names and logos similar to well-known websites, which are confused with other well-known websites and cause misunderstanding among consumers;
(two) unauthorized use, forgery of electronic signs of government departments or social organizations, misleading false propaganda;
(3) Lottery sales with virtual goods as prizes, and the agreed quantity of virtual goods in the online market exceeds the limit allowed by laws and regulations;
(four) in the form of fictitious transactions and the deletion of unfavorable comments. To enhance business reputation for yourself or others;
(five) after the completion of the transaction, the business reputation of competitors is damaged by malicious evaluation contrary to the facts;
(six) other acts of unfair competition as prescribed by laws and regulations.
Twentieth online commodity operators and related service operators shall not carry out illegal technical attacks on competitors' websites or webpages, resulting in competitors' failure to operate normally.
Twenty-first online commodity operators and related service operators shall submit business statistics to the local administrative department for industry and commerce in accordance with the provisions of the State Administration for Industry and Commerce.
Chapter II Section 2 Special Provisions for Operators of Third Party Trading Platforms
Twenty-second third-party trading platform operators should be registered by the administrative department for Industry and commerce and obtain a business license.
The third-party trading platform mentioned in the preceding paragraph refers to an information network system that provides services such as cyberspace, virtual business premises, trading rules, transaction matching and information release for two or more parties to independently conduct trading activities in online commodity trading activities.
Article 23 Operators of third-party trading platforms shall examine and register the identities of legal persons, other economic organizations or individual industrial and commercial households who apply to enter the platform to sell goods or provide services, establish registration files and regularly verify and update them, and disclose the information published in the business license or the electronic link logo of the business license in a prominent position on the main page of their business activities.
Operators of third-party trading platforms shall examine and register the true identity information of natural persons who do not have the industrial and commercial registration conditions to apply for entering the platform to sell goods or provide services, establish registration files and regularly verify and update them, issue signs to prove the authenticity and legality of personal identity information, and load them in a prominent position on the main page of their business activities.
When examining and registering, the operator of a third-party trading platform shall make the other party know and agree to the registration agreement, and remind the other party of its obligations and responsibilities.
Article 24 An operator of a third-party trading platform shall sign an agreement with an operator who applies to enter the platform to sell goods or provide services, so as to clarify the rights, obligations and responsibilities of both parties in terms of platform access and exit, quality and safety guarantee of goods and services, and protection of consumers' rights and interests.
Operators of third-party trading platforms shall follow the principles of openness, continuity and reasonableness when modifying agreements and trading rules with operators in the platform, and the modified contents shall be publicized and informed to relevant operators at least seven days in advance. If the operator in the platform does not accept the modification of the agreement or rules and applies to quit the platform, the operator of the third-party trading platform shall allow him to quit and bear relevant responsibilities in accordance with the original agreement or trading rules.
Twenty-fifth third-party trading platform operators should establish trading rules, trading safety, consumer rights protection, bad information processing and other management systems. The management system should be displayed on its website, and technically ensure that users can read and save it conveniently and completely.
Operators of third-party trading platforms shall take necessary technical means and management measures to ensure the normal operation of the platforms, provide necessary and reliable trading environment and services, and maintain online trading order.
Article 26 Operators of third-party trading platforms shall establish an inspection and monitoring system for operators who sell goods or provide services through platforms and the information on goods and services released by them. If any violation of laws, regulations and rules on industrial and commercial administration is found, it shall report to the industrial and commercial administration department where the platform operator is located, take timely measures to stop it, and stop providing third-party trading platform services to it when necessary.
If the administrative department for industry and commerce finds that there are acts violating the laws, regulations and rules of industrial and commercial administration in the platform and requests the operators of third-party trading platforms to take measures to stop them according to law, the operators of third-party trading platforms shall cooperate.
Twenty-seventh third-party trading platform operators should take necessary measures to protect the right to exclusive use of registered trademarks, enterprise name rights and other rights. If the obligee has evidence to prove that the operators in the platform infringe upon their rights such as the exclusive right to use a registered trademark and the right to name an enterprise, or engage in other acts of unfair competition that damage their legitimate rights and interests, they shall take necessary measures in accordance with the Tort Liability Law.
Twenty-eighth third-party trading platform operators should establish consumer dispute resolution and consumer rights self-discipline system. If consumers purchase goods or receive services on the platform, and there is a consumer dispute or their legitimate rights and interests are damaged, the platform shall mediate; If consumers protect their rights through other channels, the platform shall provide consumers with the real website registration information of operators and actively assist consumers to safeguard their legitimate rights and interests.
Twenty-ninth third-party trading platform operators to carry out the self-operated business of goods or services on the platform, should distinguish and mark the self-operated part and the business part of other operators in the platform in a significant way to avoid misunderstanding by consumers.
Thirtieth third-party trading platform operators should review, record and save the information content and release time of goods and services released by their platforms. The business license or personal real identity information records of the operators in the platform shall be kept for at least two years from the date of registration and cancellation of the operators in the platform, and the backup storage time of other information records such as transaction records shall be kept for at least two years from the date of transaction completion.
Operators of third-party trading platforms shall adopt technical means such as electronic signature, data backup and fault recovery to ensure the integrity and security of online trading data and materials, and shall ensure the authenticity of original data.
Article 31 Where an operator of a third-party trading platform intends to terminate the provision of third-party trading platform services, it shall make a public announcement at a prominent position on the main page of its website at least three months in advance and notify the relevant operators and consumers, and take necessary measures to protect the legitimate rights and interests of the relevant operators and consumers.
Article 32 Operators of third-party trading platforms are encouraged to provide fair and impartial credit evaluation services for trading parties, collect and record the credit status of operators objectively and fairly, establish a credit evaluation system and a credit disclosure system to warn trading risks.
Thirty-third third-party trading platform operators are encouraged to set up consumer rights margin. The deposit for consumer rights and interests shall be used for the protection of consumer rights and interests, and shall not be used for other purposes, and the use shall be made public regularly.
Where the operator of a third-party trading platform and the operator in the platform agree to set up a consumer rights deposit, both parties shall make a clear agreement on the withdrawal amount, management, use and refund method of the consumer rights deposit.
Article 34 Operators of third-party trading platforms shall actively assist the administrative department for industry and commerce to investigate and deal with illegal network operations, and provide information such as registration information and transaction data of operators suspected of illegal operation on their platforms, and shall not conceal the real situation.
Chapter II Section 3 Other Special Provisions on Service Operators
Article 35 Relevant service operators who provide services such as network access, server hosting, virtual space leasing, website design and production for online commodity trading shall require applicants to provide business qualification certificates and personal real identity information, sign service contracts, and record their online information according to law. The backup and preservation time of information records such as the applicant's business license or personal real identity information shall be no less than two years from the date of termination or completion of the service contract.
Article 36 Relevant service operators providing credit evaluation services for online commodity trading shall collect credit information through legal channels, adhere to the principles of neutrality, impartiality and objectivity, and shall not arbitrarily adjust the credit rating or related information of users, and shall not use the collected credit information for any illegal purpose.
Article 37 The provision of publicity and promotion services for online commodity trading shall comply with the provisions of relevant laws, regulations and rules.
Those who provide publicity and promotion services through online social media such as blogs and Weibo, comment on goods or services and get paid shall truthfully disclose their nature to avoid misunderstanding among consumers.
Article 38 Relevant service operators providing services such as network access, payment and settlement, logistics and express delivery. For online commodity trading, it shall actively assist the administrative department for industry and commerce to investigate and deal with illegal acts related to online commodity trading, and provide relevant information such as registration information, contact information and address of online commodity operators suspected of illegal business operations, and shall not conceal the real situation. Article 39 The administrative department for industry and commerce at or above the county level shall be responsible for the supervision and management of online commodity trading and related services.
Fortieth administrative departments for industry and commerce at or above the county level shall establish credit files for online commodity trading and related services, and record the results of daily supervision and inspection and the investigation and punishment of illegal acts. According to the records of credit files, the online commodity operators and related service operators shall be supervised by credit classification.
Forty-first illegal acts of online commodity trading and related services shall be under the jurisdiction of the administrative department for industry and commerce at or above the county level where the illegal acts occur. For operators who conduct business activities through third-party trading platforms, their illegal acts shall be under the jurisdiction of the administrative department for industry and commerce at or above the county level where the operators of third-party trading platforms live. If the administrative department for industry and commerce at or above the county level in the domicile of the third-party trading platform operator is difficult to govern the offenders in different places, it may transfer the illegal situation of the offenders to the administrative department for industry and commerce at or above the county level where the offenders are located for handling.
If two or more administrative departments for industry and commerce have disputes over the jurisdiction of online commodity trading and related services violations, they shall report to the administrative department for industry and commerce at the next higher level for designation of jurisdiction.
The State Administration for Industry and Commerce is responsible for investigating and dealing with illegal acts of online commodity trading and related services that have a significant impact on the whole country, seriously infringe on consumers' rights and interests, cause group complaints or have complicated cases, or designate provincial administrations for industry and commerce to be responsible for investigating and dealing with them.
Forty-second complaints from consumers in online commodity trading and related service activities to the administrative department for industry and commerce shall be handled in accordance with the Measures for Handling Consumer Complaints by the Administrative Department for Industry and Commerce.
Forty-third administrative departments for industry and commerce at or above the county level may exercise the following functions and powers when investigating and dealing with suspected illegal acts of online commodity trading and related services:
(a) ask the relevant parties, investigate the relevant information about their alleged illegal behavior of online commodity trading and related services;
(2) consulting and copying the transaction materials, contracts, bills, account books and other relevant materials of the parties;
(3) To seal up and detain goods, tools, equipment and other items used for engaging in illegal online commodity trading and related services, and seal up business premises used for engaging in illegal online commodity trading and related services in accordance with laws and regulations;
(four) other measures that can be taken as stipulated by laws and regulations.
When the administrative department for industry and commerce exercises the functions and powers prescribed in the preceding paragraph according to law, the parties concerned shall assist and cooperate, and shall not refuse or obstruct.
Forty-fourth technical monitoring records of online commodity trading and related service activities by the administrative department for industry and commerce can be used as electronic data evidence for administrative punishment or administrative measures against illegal online commodity operators and related service operators.
Article 45 If online commodity trading and related service activities violate industrial and commercial administration laws and regulations, and the circumstances are serious, and measures need to be taken to stop illegal websites from continuing to engage in illegal activities, the administrative department for industry and commerce may, in accordance with relevant regulations, request the communication management department at the place where the website is licensed or filed to order it to temporarily block or stop the access service of illegal websites.
Article 46 If the administrative department for industry and commerce needs to close the illegal website after imposing administrative punishment on the illegal website, it may, in accordance with relevant regulations, request the communication administrative department where the website is licensed or filed to close the illegal website according to law.
Forty-seventh in the supervision and management of online commodity trading and related service activities, the administrative department for industry and commerce finds that illegal acts that should be investigated by other departments should be handed over to the relevant departments for handling according to law.
Forty-eighth administrative departments for industry and commerce at or above the county level shall establish a supervision responsibility system for online commodity trading and related services, and perform their duties according to law. Forty-ninth acts in violation of these measures, if there are other provisions in laws and regulations, such provisions shall prevail.
Article 50 Anyone who violates the provisions of Article 7, paragraph 2, Article 23, Article 25, Article 26, paragraph 2, Article 29, Article 30, Article 34, Article 35, Article 36 and Article 38 of these Measures shall be given a warning, ordered to make corrections, and fined 1 10,000 yuan to 30,000 yuan if he refuses to make corrections.
Fifty-first in violation of the provisions of article eighth and article twenty-first, shall be given a warning, ordered to make corrections, refused to make corrections, and impose a fine of ten thousand yuan.
Fifty-second in violation of the provisions of article seventeenth of these measures, shall be punished in accordance with the relevant provisions of the "measures for the supervision and handling of contract violations".
Article 53 Whoever violates the provisions of Item (1) of Article 19 of these Measures shall be punished in accordance with the provisions of Article 21 of the Anti-Unfair Competition Law; Violation of the provisions of Article 19 (2) and (4) of these Measures shall be punished in accordance with the provisions of Article 24 of the Anti-Unfair Competition Law; In violation of the provisions of article nineteenth (three) of these measures, it shall be punished in accordance with the provisions of article twenty-sixth of the Anti-Unfair Competition Law; In violation of the provisions of article nineteenth (five) of these measures, a warning shall be given, and a correction shall be ordered, and a fine of not less than ten thousand yuan but not more than thirty thousand yuan shall be imposed.
Fifty-fourth in violation of the provisions of article twentieth of these measures, shall be given a warning, ordered to make corrections, and impose a fine of not less than ten thousand yuan but not more than thirty thousand yuan. Article 55 Where information on commodities or for-profit services is published through a third-party trading platform, but the trading process is not directly completed through the platform, the administrative provisions on online commodity trading in these Measures shall apply mutatis mutandis.
Article 56 The State Administration for Industry and Commerce shall be responsible for the interpretation of these Measures.
Fifty-seventh provincial administrative departments for industry and commerce may, in accordance with the provisions of these measures, formulate guidance on the supervision and implementation of online commodity trading and related services.
Article 58 These Measures shall come into force on March 14, 2065. The Interim Measures for the Administration of Online Commodity Trading and Related Services issued by the State Administration for Industry and Commerce on May 3, 20 10 shall be abolished at the same time.