Action | timely pull damage, consumer rights protection guide came


When online consumption has become a part of life, it is hard to avoid possible disputes even if you choose regular e-commerce.Encounter all sorts of network consumption dispute, how safeguard right the most convenient?What evidence should be preserved?Experts and lawyers offer the most comprehensive guide to safeguarding rights.Online consumer complaints increased year by year, the province accepted more than 1300 cases last year on February 18, Sanxiang City Daily reporters learned from the provincial consumer protection commission that in 2021, the province’s consumer protection commission system accepted 1359 online consumer complaints, an increase of 108% compared to 2020.As COVID-19 prevention and control has become normal, consumers have shifted their shopping channels from offline to online.In addition, there are some irregularities in online transactions such as live broadcasting, community group buying and wechat business, resulting in an increasing trend of online consumption complaints year by year.”Strictly speaking, the Law on the Protection of Consumer Rights and Interests applies to operators who provide consumers with goods or services they produce or sell, as well as consumers who need to buy, use goods or receive services for daily consumption. Personal consumption such as wechat shopping is not protected by the law.”Zhang Qian, deputy secretary-general of the provincial consumer protection Commission, said that in the process of trading, relevant evidence must be retained, and the use of official channels to protect their legitimate rights and interests should be learned when being infringed.There are many ways to protect rights. What are the most convenient ways to protect rights through shopping platforms?First is to establish the China consumers’ association “electricity consumption rights through train” platform, the national network consumer rights protection platform covers the domestic market share of high 17 line electric business enterprise, the consumer disputes, involving 17 home appliance business enterprises through has joined electricity through train platform disappear assist organizations at all levels of complaints,The consumer association accepting the case directly transferred the complaint to the e-commerce enterprise;It is next “www.12315.cn” countrywide 12315 platform, the different place of consumer complains, can hand in directly to aptly ground market supervises branch.Zhang qian stressed that the protection of Internet consumer rights and interests has always been one of the key work of the provincial Consumer Protection Commission. The theme of the year of consumer rights and Interests in 2022 is “Promoting consumer justice together”. The Consumer Protection Commission will further intensify efforts to safeguard the legitimate rights and interests of consumers from consumer education, operator supervision and other aspects.Hunan Province lawyers Association information network and e-commerce committee member Liu Ming lawyer, online shopping rights protection, the most convenient and labor-saving way or through the shopping platform complaint processing, which also requires the platform to establish a sound consumer complaint processing, reduce the time and cost of consumer rights protection.Still can complain through consumer association in addition, perhaps Sue to the court to protect rights.Legal rights take longer and cost more.When consumers encounter disputes in online consumption, they should keep relevant screenshots of the purchase page, payment vouchers or invoices, and relevant photos or videos when receiving the goods. If the goods have quality problems, relevant reports may be issued by quality inspection departments or appraisal agencies.Zhong Wenke, deputy director of Hunan Furong Law Firm and a member of the first lawyers’ group of Hunan Consumer Protection Commission, suggested that consumers should choose different ways and channels to protect their rights according to specific situations.If not timely delivery or return disputes, such as consumers keep good order no., commodity details such as vouchers, contact the business customer service or via the Internet trading platform complaint channels for processing more convenient, usually within 24 hours to solve, but if there is a big controversy, platform in rear can solve, generally in about 7 days.If the express is damaged or lost, retain the documents related to logistics information and find the express company first. If the Courier fails to solve the problem, it can immediately feedback to the State Post Bureau. You can call the hotline 12305 or appeal through wechat Post consumer complaint mini program.Usually after feedback to the State Post Bureau, if the feedback problem does exist, it will be dealt with in about 3 days.If it is false advertising, online shopping goods keep the store information, enterprise information, the network purchase page, the nature of the commodity, or credentials such as commitment, contact the merchant refund or complain to the network trading platform, can not solve, can mobile search 12315 small programs, select “I have a complaint to make,” fill in the business enterprise information such as name, name of commodity, after complaints,Not affected by factors such as unpacking and more than 7 days, complaints can still be handled.If it is because of the network shopping goods quality problems, leading to personal or property damage, to keep the order information and proof of loss occur, losses, and so on and so forth relevant vouchers, complain to the network transaction platform to deal with, if can’t solve, to the network trading platform for business enterprise information after it much easier to solve by suit.If it is other types of online disputes, it is suggested to focus on the online trading platform and 12315 small program to solve relatively more convenient.However, it is necessary to focus on saving important certificates such as merchant information, commodity order information, payment voucher, merchant’s commitment to commodity quality, content and efficacy, loss voucher and so on.The prescription that handles dispute can complain according to the problem type that the complainant complains, the processing way that the choice is different, the progress that the investigation verifies objective situation is different and not the same, consumer can protect the rights and interests of consumer to protect association to undertake detailed consultation according to oneself circumstance to place.Liu Yideng, professor and doctoral supervisor of Law School of Central South University, reminds us that the following evidences must be preserved in online consumption transactions:E-commerce operators, e-commerce platform, such as the main body of legal information, e-commerce, and clear it needs to fulfill its obligations and should bear the responsibility of Internet advertising, online contracts, network product guarantee and responsibility, etc., the main body of network consumer contracts, offer and acceptance, cancellation and fulfil the specific provisions, such as, guarantees and responsibilities, etc., the network consumer contract format termsIn particular, they should be good at saving the chat records in the process of online consumption transactions and the web page for placing orders.Legal information includes company name, company address, customer service address and mailbox, company telephone number and email, etc.For the problems existing in consumers’ online shopping rights protection, Liu Yideng suggested that, first of all, e-commerce identity registration and certification system should be set up, strict market access system of e-commerce;Set up government specialized agencies, strengthen the social supervision of the public media, strengthen the government’s consumer protection obligations.Second, revise and perfect the “advertisement law”, “product quality standard”, “consumer rights and interests protects a law”, the electronic commerce law and other laws and regulations, regulating the behavior of network false propaganda, strict administrative supervision responsibility of advertisement examination organizations, increase the legal liability provisions advertising spokesperson, at the same time, to develop a high level of product quality standard,Make clear the guarantee and liability period of the sale of consumer goods, and make clear the safety standards and limitation of liability for compensation in online payment.In addition, it is necessary to continue to push forward the reform of Internet courts and improve the online consumer dispute resolution (ODR) mechanism.With more and more disputes over online consumption, how to deal with disputes of low value quickly?In the Hangzhou Internet Court, consumers only need to input the order number when they file a lawsuit, and key information such as the corresponding order details, transaction snapshots and logistics records will be instantly pushed to the online litigation platform by the e-commerce platform, becoming an important part of the evidence, opening up the “whole chain” of consumer rights protection.It is understood that the Hangzhou Internet Court has cooperated with major e-commerce platforms to promote the legal circulation and sharing of data, and solved the difficulties of obtaining evidence, easily changing electronic evidence, easy to change without trace, easy to lose, and difficult to identify authenticity in the process of litigation.The court made it clear that consumer disputes of less than 50,000 yuan should be settled in accordance with the principle of “exhaustion”.[Editor: Chen Shuyi][Source: Sanxiang Metropolis Daily]

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