With the improvement of consumer awareness of rights protection in recent years and the media's exposure to issues such as unspoken rules and overlord terms in the industry, many companies have become uneasy about the 3.15 Day of Consumer Rights. Consumer rights protection not only stays on the 315 International Consumer Protection Day, but is also closely related to our daily lives.
The "3.15" International Consumer Rights Protection Day is approaching.
Price Fraud, Overlord Clause, Charging Trap, Travel Killing...
In life, such things are happening almost every day.
In such cases,
It is difficult for consumers to seek justice.
Many will swallow or feel bad.
So what should consumers do?
To ensure that your rights and interests are not infringed?
This consumer rights protection knowledge is given to you!
The origin of the consumer rights day
In 1898, the world's first consumer organization was established in the United States. In 1936, the nationwide consumer alliance was established. After the Second World War, various organizations that reflected the interests and requirements of consumers emerged in some developed countries. On this basis, in 1960, the International Consumer Coalition Organization was announced. Afterwards, the consumer movement became more active. Many developing countries and some countries also established consumer organizations, making the consumer movement a global social phenomenon. There are more than 300 consumer organizations in more than 90 countries around the world. Activities.
The right of consumers to enjoy
1. Security right. It includes two aspects: First, the right to personal safety, and second, the right to property security.
2. Know the right to truth. It is the consumer's right to know the true situation of the goods he uses or the services he receives.
3. The right to choose. It is the right of consumers to choose their own goods or services.
4. Fair trade rights. It refers to the right of the consumer to enjoy a fair trade, such as quality assurance, reasonable price, and correct measurement, when purchasing goods or receiving services.
5. According to the law, right to seek advice, right to affiliate according to law.
6. Protect the right to dignity. It refers to the right of consumers to respect their personal dignity and national customs when purchasing goods or receiving services.
7. Supervise the right to criticize. China is a socialist market economy country. Consumers are not only the main body of the market, but also the master of the national society.
Fraudulent consumer behavior
1. Sales of adulterated adulterants, counterfeit goods, shoddy goods;
2. Take or other improper means to make the amount of goods sold insufficient;
3. Sales of "processed products", "defective products", "external products," and other goods and lied to be authentic;
4. Express sales of goods by false "clearing price", "sale price", "lowest price", "preferential price" or other deceptive prices;
5. Sell commodities with false commodity descriptions, commodity standards, physical samples, etc.;
6. Do not sell goods with their real names and marks;
7. Take fraudulent sales induction in the form of hiring others;
8. Make false live demonstrations and illustrations;
9. The use of mass media such as radio, television, films, newspapers and magazines to falsely promote goods;
10. Defraud consumers of advance payment;
11. The use of mail-order sales to defraud to collect prices without providing or failing to provide goods in accordance with agreed terms;
12. Selling commodities by means of false "sales", "return sales", etc.;
13. Other fraudulent or improper means to defraud consumers.
Maintenance of consumer rights
1. Understand your rights. According to the "Consumer Protection Law," "Product Quality Law," and "General Principles of the Civil Law," and other legal provisions, consumers mainly enjoy the following rights when purchasing goods or receiving services: security right, right to information, independent choice, fair trade Rights, claims, safeguarding their own legal rights and interests, access to knowledge, rights to personal dignity and supervision and reporting rights.
2. Don't forget to ask for an invoice. Invoicing is not only a proof of shopping, but also the basic evidence of consumer rights protection. Therefore, consumers must not forget to ask for an invoice and keep it properly while shopping. In addition, there are warranty cards, credit cards, product manuals, product certifications, warning signs and other credentials, all must be kept in case of emergency.
3. Keep in mind the time limit for rights protection. According to the State's ¡°Regulations on the Responsibility of the Replacement and Return of Certain Goods,¡± the State makes the following provisions on the time for repairing, replacing, and returning certain goods: (1) ¡°7th¡± regulation. The product has a performance failure within 7 days from the time of sale, and can choose to return, exchange or repair; "(2) "15 days" regulations. Product performance failure occurs within 15 days from the date of sale, consumers can choose to change (3) ¡°Three Guarantees Validity Period¡± provisions: The validity period of the Three Guarantees is calculated from the date of issuing the invoice, and the first three packages of 18 commodities announced in the country, such as color TVs, refrigerators, bicycles, air conditioners, and watches The validity of the three guarantees is three months to one year, and the main parts are from 1 to 3 years.The time for the warranty period should be deducted from the validity of the three guarantees, and the validity period of the three guarantees after the replacement should be recalculated from the date of replacement. (4) ¡°30 days¡± and ¡°5 years.¡± The repairer shall ensure that the repaired product can be used normally for more than 30 days.The producer shall guarantee to continue to provide spare parts that meet the technical requirements within 5 years after the production is stopped.
4. Use rights protection channels. Article 34 of the "Consumer Protection Act" clearly stipulates that consumer and business disputes arising from consumer rights can be resolved in five ways: (1) negotiating settlement with the operator; (2) requesting consumer associations to mediate; 3) Complain to the relevant administrative department; (4) According to the arbitration agreement reached with the operator, submit the matter to the arbitration agency; (5) File a lawsuit with the People's Court. At the same time, we must also pay attention to and master the statute of limitations. According to the relevant provisions of China's "General Principles of Civil Law", the period of limitation of time for claims of civil damages and loss of or damage to stored property is one year. The limitation period for damage caused by defects in products is two years. Accordingly, when the rights and interests of consumers are infringed upon, they must promptly file a lawsuit to the court. Otherwise, it is reasonable to lose the lawsuit.
Negotiate with the business operators to resolve; request consumer associations to negotiate and resolve; appeal to the relevant administrative departments; submit an arbitration agreement to the arbitration agency according to an agreement reached with the operator;
Information provided by consumer complaints
Consumers must provide detailed written narration records to the Consumers Association to provide written materials or the complainant's signature and seal. Its content is as follows:
1. The complainant's name, address, postal code, telephone number, etc.;
2. The name, detailed address, zip code, telephone number, etc. of the party to be claimed;
3. Date, product name, brand name, specifications, quantity, measurement, price, etc. of the purchased product or service;
4. Damaged and negotiated with the operator;
5. Voucher (copy of invoice, warranty certificate, etc.) and related certification materials.
To facilitate consumer complaints, the China Consumers Association designed a uniform format complaint card. Consumers can fill out the complaint content according to the sample card form, or write the complaint form according to the above content, and then attach a copy of the voucher and certificate materials to the consumer association. It is worth noting that without consumer coordination, consumers should not easily send original voucher, proof materials, and goods in kind to avoid loss and bring trouble to the handling of the problem. If the content of the complaint is more complex, it is best to personally send the material to the Consumers Association and make an oral supplement.
Disputes between buyers and sellers in purchasing and selling activities;
Consumer private transaction disputes;
The goods exceed the specified warranty and warranty period;
The goods are marked as "processed products" (except when there is no real explanation for the cause);
Failure to install, use, keep, or disassemble the product itself to cause damage to the product or personal injury;
The complainee is not clear;
The parties to the dispute have reached a mediation agreement and have implemented it, and there is no new situation, new reasons;
Courts, arbitration institutions or relevant administrative departments have accepted investigations and handlings;
Does not comply with the relevant provisions of national laws and regulations.
Seven Mistakes in Consumer Complaints
Misunderstanding 1: All consumers can complain
The "Consumer Law" stipulates: Consumers need to purchase, use or accept services for their daily consumption. Their rights and interests are protected by this Law. Therefore, non-consumer complaints are not accepted by consumer associations.
Myth 2: All purchases can be complained
In both cases, there was a problem with the purchased product and the consumer complaints association refused to accept it. One is a product that exceeds the warranty period. One is the use of improper, man-made damage.
Misunderstanding 3: Commodity and service fraud can be "false one lost ten."
The "Consumer Law" stipulates that if a business operator provides fraudulent acts in the provision of goods or services, it shall increase its compensation for the losses it suffers, in accordance with the consumer's request, and increase the amount of compensation for the purchase price of the goods by the consumer or double the cost of receiving the service. In other words, leave one for one, instead of one for ten.
Misunderstanding 4: All complaints are eligible for compensation
Article 43 of the "Elimination Law" stipulates that if an operator violates the provisions of Article 25 of this Law and infringes upon the consumer's personal dignity or infringes on the personal freedom of the consumer, it shall stop the infringement, restore reputation, eliminate influence, apologize and pay compensation. However, if some ¡°over¡± requirements are put forward, consumers should ¡°think twice¡±.
Misunderstanding 5: Any complaints related to consumption can be lodged with consumer associations
Consumers should usually report the case to the public security department in time. Of course, if the consumer places items in the depository at the supermarket and discovers the items lost when they are picked up, the consumer association may intervene in mediation.
Misunderstanding 6: All consumer complaints associations must accept
According to the "Consumer Protection Law of the People's Republic of China", there are 9 cases where the complaint is inadmissible: 1. Dispute between buyers and sellers among the operators;
2. Private consumer transaction disputes;
3, the goods exceed the specified warranty period and shelf life;
4. The goods are marked as "processed goods" (except for those who do not really explain the reasons for handling);
5. Failure to use the product instructions to cause damage to the goods or human damage;
6. The complainee is not clear;
7. The parties to the dispute have reached a mediation agreement and have implemented it. There are no new circumstances or new reasons;
8. The courts, arbitration institutions or relevant administrative departments have accepted the investigation and handling;
9. Does not comply with the relevant provisions of national laws and regulations.
Misunderstanding 7: Quality Disputes of Goods Determined by Consumer Association
The disputes related to quality appraisal can only be made after the relevant testing department has made the quality appraisal. The Consumer Association can use this as the basis to help the consumers to seek fairness through legal provisions.
Content from the Internet
The most important thing is the sense of responsibility and ethics of the business.
Only merchants put aside profits,
Adhere to integrity management
In order to truly achieve safe consumption.