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Protecting personal information prohibits merchants from "selling orders"
China's current consumer law only stipulates that consumers have nine rights, such as personal and property security, but there is no provision for personal information protection such as privacy rights. In recent years, incidents of personal information leakage due to factors such as accommodation and online shopping have occurred. What's more, some operators use consumer personal information as a tool for profit.
In this regard, the new consumer law stipulates that operators should follow the principles of lawfulness, righteousness, and necessity in the collection and use of consumer personal information, and clearly indicate the purpose, manner and scope of collecting personal information, and with the consent of consumers. The personal information collected by the operator must be kept strictly confidential and must not be disclosed, sold or illegally provided to others.
Liu Junchen, deputy director of the State Administration for Industry and Commerce, said that protecting personal information is a major highlight of the revision of the law. “Next, we will study and take some necessary measures to implement the new regulations.â€
Consumers have "repent" in seven days
The current consumption law does not directly stipulate the "three guarantees" time limit, and can only quote the provisions in the "Regulations on the Responsibility for the Repair and Replacement of Some Commodities". In fact, at present, only 18 categories of products such as TV sets and bicycles and mobile phones are implementing the “Three Guarantees†regulations.
The new consumption law stipulates that if the goods or services do not meet the quality requirements, the consumer may return the goods within seven days from the date of receipt of the goods, or may request replacement or repair. For retreat, exchange or repair, the operator shall bear the necessary expenses such as transportation.
In terms of the "three guarantees", the most striking new law is the establishment of "no reason to return" the online shopping products. “Operators use the Internet, TV, telephone, mail order, etc. to sell goods. Consumers have the right to return within seven days from the date of receipt of the goods, and there is no need to explain the reasons, except for the following goods: (1) Customized by consumers; 2) Fresh and perishable; (3) Digital products such as audio-visual products and computer software that are downloaded online or unpacked by consumers; (4) Newspapers and periodicals delivered."
Regarding several kinds of goods that are not applicable for unreasonable return, the Consumer Law stipulates that “other goods that are not suitable for return according to the nature of the goods and confirmed by the consumers at the time of purchase are not applicable for no reason to returnâ€. According to reports, this is mainly for underwear products, such goods are generally not suitable for return, the operator may declare "no return" in advance, once the consumer buys, that is to recognize this condition, after the arrival of the goods can not be returned.
According to the new regulations, the network operator shall return the price of the goods within seven days from the date of receipt of the returned goods. The shipping cost of the returned goods is borne by the consumer.
Operator fraud implements “return one loses threeâ€
The current consumption law stipulates that if the operator provides fraudulent acts on goods or services, it shall also increase the compensation for the losses suffered by the consumers according to the requirements of the consumers, and increase the amount of compensation to double the original price.
The new elimination method will increase the amount of compensation for operator fraud from “doubled†to “three timesâ€, that is, “return one loses threeâ€. It also stipulates that the "guarantee amount" is 500 yuan, that is, if the amount of compensation is less than 500 yuan, it is calculated at 500 yuan.
Some lawyers believe that from "returning one for one" to "returning one for three" will greatly enhance the deterrent effect of eliminating the law. However, to be implemented well, there is a clearer definition of punitive damages for bulk commodities.
Product infringement compensation will exceed 2 million
If the operator knows that the goods or services are defective, it is still provided to the consumer, causing serious damage to the death or health of the consumer or other victims, and the consequences will be very serious. The new law stipulates that in addition to the criminal responsibility of the operator, the victim has the right to demand that the operator compensate the loss in accordance with the provisions of Articles 49 and 51 of this Law and has the right to request the case. Punitive damages less than twice the loss.
In other words, in the above situation, the operator needs to compensate the consumer medical expenses, nursing expenses, transportation expenses, lost time, death (disability) compensation, funeral expenses, mental damage, etc., and use this as a base to calculate three times compensation.
According to experts, according to this algorithm, if a consumer is killed in economically developed areas such as Beijing, Shanghai, Zhejiang, etc., the compensation amount can reach 2 million to 2.4 million yuan; economically underdeveloped areas such as Yunnan and Qinghai, Gansu, at least 1 million to more than 1.2 million yuan.
Online shopping platform "first pay"
When I bought something online, I found that it was very different from the photos when I got the real thing. This is a problem that many consumers have encountered.
To this end, the new consumer law has proposed a "first pay" system: online shopping, if there is a problem with the goods, consumers can directly seek online shopping platform negotiations, online shopping platform should pay first. After they have paid, they can recover from the seller or the service provider.
Of course, "first pay" is conditional, that is, the online shopping platform can only assume the responsibility of "first pay" when it cannot provide the real name, address and effective contact information of the seller or service provider.
The new consumption law also stipulates that the online shopping platform knows or should know that the seller or the service provider uses its platform to infringe the legitimate rights and interests of consumers, and if the necessary measures are not taken, it shall be jointly and severally liable with the seller or the service provider.
Stars make false endorsements
In response to a large number of false advertisements flooding TV programs and the quality of celebrity endorsement products, the new law has established a joint liability system.
According to the new regulations, advertising operators and publishers design, produce, and publish false advertisements that are related to consumers' life-healthy goods or services, causing damage to consumers, and bear the joint responsibility with the operators. Social groups or other organizations or individuals who jointly recommend goods or services to consumers in the false advertisements mentioned above are also jointly and severally liable.
For false propaganda, it is said that "one lost" and "finished the matter"? The new law stipulates that in addition to compensation and punishment, the relevant departments will record the credit file and announce it to the public.
"Overlord contract" "overlord clause" is invalid
For the "Overlord Contract" and "Overlord Clause", which are not uncommon in social life, the new law has clearly proposed counter-measures. "No rules, notices, declarations, store notices, etc. shall be used to exclude or restrict consumers' rights, reduce or exempt operators' responsibilities, increase consumer responsibilities, etc., which are unfair and unreasonable to consumers. And use technical means to force the transaction." "The format clause, notice, statement, store notice, etc. contain the contents listed in the preceding paragraph, and the content is invalid."
As the new consumer law will be implemented on the “3·15†International Consumer Protection Day next year, this means that all “Overlord Contracts†and “Overlord Clauses†will officially end on that day.
Consumer Association's Public Interest Litigation
The biggest confusion about consumer rights protection is that "in order to recover a chicken, you must kill a cow." They are asymmetrical with the operators, financially asymmetrical, and they have a lawsuit to "small and weak." The new consumer law gives consumers the right to file a public interest litigation.
According to reports, public interest litigation in the consumer sector is mainly aimed at infringement of unspecified consumers. For example, unfair and unreasonable “overlord clauses†and “overlord contractsâ€, as well as false advertisements and false publicity. These can be initiated by the Consumers Association.
In the case of lawsuits, the new law has also made provisions that are conducive to consumers. In general civil litigation, it is generally applicable to “who advocates who gives evidenceâ€, that is, if consumers want to sue the merchant, they must provide evidence by themselves, otherwise they may lose the case. However, due to the asymmetry of consumer information and the lack of certain professional knowledge, it is difficult to prove it frequently. To this end, the new law stipulates that the operator should prove that his product is not flawed, otherwise, it is necessary to take responsibility.
Company name
TOSHIBA ELEVATOR AND BUILDING SYSTEMS CORPORATION (TELC)
Head office
72-34, Horikawa-cho, Saiwai-ku Kawasaki, 212-8585, Japan
Established
February 18, 1967
President & CEO
Kazunori Matsubara
Business line
Development, design, testing and inspection of elevators Manufacturing, installation and removal of elevators Sales and sales intermediation of elevators Maintenance, repair and modification of elevators Monitoring and control of elevator, electrical, air-conditioning, plumbing and sanitary, crime prevention and disaster prevention equipment, as well as building management Design, construction and management of buildings Machinery and equipment installation work, building work, plumbing work, electrical work, telecommunications work, fire fighting facilities work, and others 22 types of business listed in the Article 2 of the Construction Industry Act Security Business
The newly revised Consumer Protection Law will be officially implemented in 3.15
Abstract The newly revised Consumer Protection Law will be implemented on March 15, 2014, the first revision since the law was enacted in 1993. The new elimination method embodies the legislative concept of treating consumers and operators equally and at the same time, and more obliquely inclined to consumers. For the elimination...
The newly revised Consumer Protection Law will be implemented on March 15, 2014, the first revision since the law was enacted in 1993. The new elimination method embodies the legislative concept of treating consumers and operators equally and at the same time, and more obliquely inclined to consumers. In response to the new situation and new problems in the consumer field, the new elimination method "advance with the times" clearly defines the "no reason to return the system" for online shopping, perfects the "three guarantees" regulations, ends the "overlord clause", and aggravates the illegal operation Punishment.