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.
Thirty-sixth consumers buy, use goods or receive services, and their legitimate rights and interests are damaged. If the original enterprise is divided or merged, it may claim compensation from the enterprise that bears its rights and obligations after the change.
Article 37 If an illegal business operator who uses another person's business license provides goods or services and damages the legitimate rights and interests of consumers, consumers may demand compensation from himself or the business license holder.
Article 38 If a consumer's legitimate rights and interests are harmed by buying goods or receiving services at a trade fair or leasing counter, he may claim compensation from the seller or service provider. After the end of the exhibition or the expiration of the counter lease, you can also claim compensation from the exhibition organizer and the counter lessee. 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.
Article 39 If a consumer's legitimate rights and interests are harmed by an operator's use of false advertisements to provide goods or services, he may claim compensation from the operator. If an advertising agent publishes false advertisements, consumers may request the administrative department to punish them. If an advertising operator cannot provide the real name and address of the operator, it shall be liable for compensation.
Chapter VII Legal Liability
Article 40 A business operator who provides commodities or services under any of the following circumstances shall bear civil liability in accordance with the Product Quality Law of People's Republic of China (PRC) and other relevant laws and regulations, unless otherwise provided by this Law:
(a) the goods are defective;
(two) the goods do not have the performance that the goods should have and are not explained at the time of sale;
(three) does not meet the commodity standards indicated on the commodity or its packaging;
(four) does not meet the quality conditions indicated by commodity descriptions, physical samples, etc.;
(five) the production of goods explicitly eliminated by the state or the sale of invalid or deteriorated goods;
(six) the number of goods sold is insufficient;
(seven) the service content and fees are in violation of the agreement;
(8) Deliberately delaying or unreasonably refusing consumers' requests for repair, rework, replacement, return of goods, replenishment of commodity quantity, refund of payment for goods and service fees or compensation for losses;
(nine) other circumstances that harm the rights and interests of consumers as stipulated by laws and regulations.
Article 41 Where a business operator provides commodities or services, causing personal injury to consumers or other victims, it shall pay medical expenses, nursing expenses during treatment, income reduced due to absenteeism and other expenses. , resulting in disability, it shall also pay the disabled self-help appliances, living allowance, disability compensation, the necessary living expenses of the dependents and other expenses. If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 42 Where a business operator provides goods or services and causes the death of consumers or other victims, it shall pay funeral expenses, death compensation and living expenses necessary for the dependents of the deceased before his death. If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 43 Where a business operator violates the provisions of Article 25 of this Law and infringes on the personal dignity or personal freedom of consumers, it shall stop the infringement, restore its reputation, eliminate the influence, make an apology and compensate for the losses.
Article 44 Where a business operator provides goods or services, causing damage to consumers' property, it shall bear civil liabilities such as repairing, redoing, replacing, returning goods, making up the quantity of goods, returning loans and service fees or compensating for losses according to the requirements of consumers. Where there are other agreements between consumers and business operators, such agreements shall prevail.
Article 45 The business operator shall be responsible for the repair, replacement and return of the goods stipulated by the state or agreed between the business operator and the consumer. If it cannot be used normally after two repairs within the warranty period, the operator shall be responsible for replacement or return.
For large commodities that are guaranteed to be repaired, replaced or returned, if consumers require the operators to repair, replace or return, the operators shall bear reasonable expenses such as transportation.
Article 46 Where a business operator provides goods by mail order, it shall provide them in accordance with the agreement. If it is not provided in accordance with the agreement, it shall fulfill the agreement or refund the payment according to the requirements of consumers; And should bear the reasonable expenses that consumers must pay.
Article 47 Where a business operator provides goods or services in advance, it shall provide them as agreed. If it is not provided in accordance with the agreement, it shall fulfill the agreement or return the advance payment according to the requirements of consumers; And shall bear the interest of the advance payment and the reasonable expenses that the consumer must pay.
Forty-eighth according to the law by the relevant administrative departments identified as unqualified goods, consumers demand a return, the operator shall be responsible for the return.
Article 49 Where a business operator commits fraudulent acts in providing commodities or services, it shall increase the compensation for the losses it has suffered according to the requirements of consumers, and the amount of the increase in compensation shall be twice the price of the commodities purchased by consumers or the cost of receiving services.
Fiftieth in any of the following circumstances, the "People's Republic of China (PRC) Product Quality Law" and other relevant laws and regulations have provisions on the punishment organ and punishment method, which shall be implemented in accordance with the provisions of laws and regulations; Where there are no provisions in laws and regulations, the administrative department for industry and commerce shall order it to make corrections, and may give a warning according to the circumstances, confiscate the illegal income, and impose a fine of not less than 1 times but not more than 5 times the illegal income. If there is no illegal income, a fine of less than 1 10,000 yuan shall be imposed; If the circumstances are serious, it shall be ordered to suspend business for rectification and revoke its business license:
(1) The commodities produced and sold do not meet the requirements for protecting personal and property safety;
(a) doping, adulteration, shoddy, or substandard goods as qualified goods;
(three) the production of goods explicitly eliminated by the state or the sale of expired or deteriorated goods;
(4) Forging the place of origin of goods, forging or fraudulently using the name and address of other people's factories, forging or fraudulently using quality marks such as certification marks and famous brand marks;
(five) the goods sold should be inspected and quarantined without inspection and quarantine, or the inspection and quarantine results are forged;
(six) misleading false propaganda of goods or services;
(7) Deliberately delaying or unreasonably refusing consumers' requests for repair, rework, replacement, return of goods, replenishment of commodity quantity, refund of payment for goods and service fees or compensation for losses;
(8) Infringe on the personal dignity or personal freedom of consumers;
(nine) other circumstances stipulated by laws and regulations that damage the rights and interests of consumers should be punished.
Article 51 If an operator refuses to accept the decision on administrative punishment, he may apply for reconsideration to the next higher authority within 15 days from the date of receiving the decision on punishment; If you are not satisfied with the reconsideration decision, you can bring a lawsuit to the people's court within 15 days from the date of receiving the reconsideration decision; You can also bring a lawsuit directly to the people's court.
Article 52 Whoever obstructs the staff of relevant administrative departments from performing their duties according to law by violence or threats shall be investigated for criminal responsibility according to law; Those who refuse or obstruct the staff of the relevant administrative departments from performing their duties according to law without using violence or threats shall be punished by the public security organs in accordance with the Regulations of the People's Republic of China on Administrative Penalties for Public Security.
Article 53 Any functionary of a state organ who neglects his duty or shields an operator from infringing upon the legitimate rights and interests of consumers shall be given administrative sanctions by his unit or higher authorities; If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated according to law.