CNDSN March 16th news](I world network) yesterday was the 3 and 15 international consumer protection day, "against the interests of consumers behavior punishment measures" (hereinafter referred to as "punishment measures") formally implemented. "Penalties" which highlights? Yesterday, the provincial Trade and Industry Bureau of the person in charge of "bright spot" punishment measures are analyzed.

对已拆封网购商品拒绝退货的工商可罚

On has been opened online shopping goods return business refused to be punished

去年6月10日，武汉的王女士在网上购买了某品牌婴儿推车。6月11日收到货，王女士拆开包装发现推车只能坐不能躺，而王女士的宝宝只有5个月大，需要买的是能躺能坐的推车。6月16日，王女士和商家联系申请退货，但商家以已拆封、无质量问题为借口不予办理。

In June 10th last year, the Wuhan Ms. Wang to buy a certain brand of baby stroller on the internet. In June 11th received the goods, Ms. Wang opened the package and found trolley can only sit not lying, but Wang baby is only 5 months old, need to buy is lying to sitting cart. In June 16th, Ms. Wang and businesses to contact the application returns, but businesses to have been opened and no quality problems as an excuse to refuse to handle.

像王女士的这种情况，很多市民都遇到过。今日开始实施的《处罚办法》中明确规定，以消费者已拆封、查验影响商品完好为由拒绝退货，超过十五日的，将视为故意拖延或无理拒绝。工商部门可依法予以处罚。“网购、电话、电视、邮购四类购物，消费者本就看不到实物，因此拆封、查验破坏原包装是验货的必须步骤，已拆封不能成为商家拒绝退货的理由。”省工商局消保分局局长王勤表示，对于王女士遇到的情形，按照《处罚办法》王女士有权无理由退货。

In cases like this Ms. Wang, a lot of people are met. Clearly defined today started the implementation of the "punishment", to consumers has been opened, examine the goods in good condition refused to return, more than fifteen days, will be regarded as deliberately delay or unreasonably refuse. The business sector can be punished by law. "Online shopping, telephone, television, mail order four types of consumer shopping, this can not see the real, so the unpacking, inspection to destroy the original packaging is necessary steps inspection, has opened cannot become businesses refuse to return reason." The provincial Trade and Industry Bureau of consumer protection bureau chief Wang Qin said, for Ms. Wang situations, in accordance with the "penalties" Ms. Wang have the right to return for no reason.

去年实施的《消费者权益保护法》规定：对网购商品，消费者有权自收到商品之日起七日内退货，且无需说明理由。不过，王勤提醒消费者，并非所有网购商品都适用无理由退货，消费者定作的、鲜活易腐的等四类商品不适用无理由退货。

Last year's implementation of the "consumer protection law" stipulates: the net buys goods, consumers have the right to return the goods within seven days since the day of receipt of goods, and there is no need to explain the reason for. However, Wang Qin remind consumers, not all online shopping goods are suitable for the unreasonable return, consumers do, fresh perishable and other four categories of goods does not apply to the unreasonable return.

商家违约应按照消费者要求退回预付款

The merchant shall be in accordance with the requirements of consumer default refund prepayments

十堰的张先生花500元购买了某连锁酒店会员卡，商家承诺入住可享受会员价。今年大年初一，张先生预订该酒店一间133元（原价668元）的标准间，入住前已打过酒店电话确认有房间。但是初二他去酒店住宿却时被告知房间已满，张先生随即要求退还会员卡剩余金额，被酒店拒绝。《处罚办法》中明确规定：“经营者以预收款方式提供的商品和服务，未按照约定提供商品或服务的，应当按照消费者要求退回预付款……对退款无约定的，要按照有利于消费者的计算方式折算退款金额。”也即是说，酒店若不能为张先生提供房间，则应退款。即使购卡时当事双方没有约定是否能退款，酒店也应当向张先生退款。

Mr. Zhang from Shiyan to spend 500 yuan to buy a membership of a hotel chain business card, a commitment to enjoy the member price. This year's lunar new year, Mr. Zhang booking the hotel for a 133 yuan (the original 668 yuan) standard, in the former have fought the hotel telephone to confirm the room. But the second day he went to the hotel but was told a room full, Mr. Zhang immediately asked to return the membership card remaining sum, is the hotel refused to. "Clearly stipulates:" operators "punishment measures to advance payment to provide goods and services, not to provide goods or services in accordance with the contract, consumers should be required to refund the advance payment...... There is no agreement on the refund, according to the calculation of the consumer is conducive to the conversion of the refund amount." That is to say, if the hotel can not provide room for Mr. Zhang, it shall refund. Even when the parties have not agreed to buy check whether to refund, the hotel should also to Mr. Zhang for refund.

王勤表示，在此之前工商部门遇到此类问题一般只能对双方当事人进行调解。《处罚办法》实施后，如果商家明确表示不予退款，自消费者提出退款要求之日起超过十五日未退款的，工商部门可以依法进行处罚。

Wang Qin said that the business sector encountered such problems generally only mediation to both parties before. "Penalties" after carrying out, if the merchant made it clear that no refund, refund date more than fifteen days without a refund from consumers, the business sector can be punished according to law.

“概不退换”等霸王条款一概视为违法行为

"Caveat emptor" despot provisions are regarded as illegal behavior

“货一售出，概不退换”、“由……享有最终解释权”，这些常出现在格式合同的条款，往往成为商家不履行约定的借口和挡箭牌。《处罚办法》第十二条中，明确将七种行为定义为霸王条款。如商家免除或部分免除售后维修责任；强制消费者使用其指定的商品或服务；单方享有最终解释权等等。

"Goods sold, shall not be returned", "by... Enjoy the right of final interpretation ", these often appear in the format of the terms of the contract, often become a business fails to perform the agreed an excuse and a shield. "Penalties" twelfth, clearly will be seven kinds of behavior is defined as the terms of overlord. As businesses exempt or partial exemption from the after-sales maintenance responsibility; forced consumers to use its designated goods or services; unilateral enjoys the right of final interpretation etc..

也就是说，《处罚办法》施行后，“由……享有最终解释权”、“概不退换”等诸如此类的霸王条款将一概视为违法行为。王勤表示，消费者遇到此类情况可向工商部门投诉，由工商部门责令改正，并可处违法所得3倍以下、最高不超过3万元的罚款；没有违法所得的，处以1万元以下罚款。▲

That is to say, "punishment measures" after the implementation of "by the...... Enjoy the right of final interpretation "and" caveat emptor "such despot provisions will be treated as illegal behavior. Wang Qin said, consumers encounter such a situation can complain to the Department of industry and commerce, by the industry and commerce department shall order it to make corrections, and can be 3 times of the illegal gains, the maximum not more than 30000 yuan fine; there is no illegal income, and impose a fine of 10000 yuan. *

（原标题：网购新规3·15：商品已拆封也可无理由退货）

(original title: 3 - 15: new regulations for online shopping goods have been unpacking can be no reason to return)

责任编辑：小申

Editor: small Shen