Is it illegal? How to regulate it?, Online shopping products utilize the "seven day no reason return" rule to "collect wool" rights | returns | products
Investigation motivation
A few days ago, an online shop owner sent a video roast that "e-commerce is too difficult to do. Just after the Children's Day of June 1, they began to return goods in large quantities, and they have the idea of changing their business." The shop owner said that the clothes returned recently were all performance clothes for the Children's Day of June 1, and the returned clothes had already been worn. When the package was opened, sweat smelled, and some clothes seemed to have lipstick prints on them.
This matter has sparked heated discussions among netizens. Many netizens express opposition and disgust towards the buyer's approach, believing that the buyer has abused the rule of "7-day no reason return", which is very selfish and unethical behavior. It not only damages the interests of the merchant, but also affects the integrity of the market environment.
How to view the buyer's behavior of returning goods after use? Is it illegal to abuse the 7-day no reason return policy? How to regulate this behavior? With questions in mind, the reporter conducted an investigation and interview.
Applying for returns and refunds after using electronic products for online shopping, applying for returns and refunds after taking them for performances, and applying for returns and refunds after opening cosmetics and food for use... A recent investigation by a reporter from the Legal Daily found that some consumers frequently return and refund products after online shopping, and there are even communication posts and tutorials online on how to use "rules" to lure merchants "wool" on returns and refunds.
According to the Consumer Rights Protection Law, if a business operator sells goods through methods such as the internet, television, telephone, mail order, etc., the consumer has the right to return the goods within seven days from the date of receipt, without the need to explain the reason. This is the well-known "7-day no reason return" rule among consumers.
To protect consumer rights, the "7-day no reason return" rule has been extended from online to offline, and many large supermarkets and brand chain stores have made no reason return commitments, some even extending the return period from 7 days to 30 days.
Many netizens do not agree with the behavior of consumers applying for returns and refunds after using goods, especially after purchasing a large number of products in the same batch for use, or frequently returning and refunding after online shopping. They believe it is dishonest behavior and exploit the loophole of the "7-day no reason return" rule. Many netizens also believe that this is understandable and does not violate the rules.
Why are the rules that originally intended to protect consumer rights constantly controversial? How to correctly understand "7-day no reason return"?
Lawyer Rao Wei, Senior Partner of Beijing Tianchi Juntai Law Firm, told reporters that according to regulations, digital products such as audio and video products, computer software, etc. that are customized, fresh and perishable, downloaded online or opened by consumers, and delivered newspapers and journals are not subject to the "7-day no reason return" rule. For other products that are not suitable for return based on their nature, the operator must obtain the consumer's consent and confirmation. A simple label or prompt cannot directly support "7-day no reason return". At the same time, the goods returned by consumers should be in good condition and not affect secondary sales.
"According to online videos and descriptions from merchants, if the returned clothing is full of sweat and stains, which significantly affects secondary sales, the '7-day no reason return' rule should no longer apply," said Rao Wei.
Chen Yinjiang, Deputy Secretary General of the Consumer Rights Protection Law Research Association of the China Law Society, further explained, "The integrity of a product not only refers to its intact appearance and structure, but also to the fact that the product has not been truly used and cannot affect the secondary sales of the merchant, nor can it harm the legitimate rights and interests of other buyers."
"Under normal circumstances, consumers opening the product packaging based on inspection needs or making reasonable adjustments to confirm the quality and function of the product will not affect the integrity of the product. However, if the product shows obvious damage or signs of use, it does not belong to the intact range of the product," said Chen Yinjiang.
He gave an example that some food or cosmetics must be sealed and stored. If consumers open these sealed packaging, it may affect the quality of the product. In addition, for some clothing, shoes, hats, and other wearable products, if the trademark logo is cut off or damaged, or if there are obvious stains or damages on the appearance, it is easy to determine that the product is not in good condition. Merchants may not support returns without reason.
"If it is some intimate clothing such as underwear, even if consumers try it on without leaving any odor or causing obvious appearance damage, there may still be risks of disease transmission, and it should not be supported to return it without reason. However, it is difficult to detect in reality." Chen Yinjiang said that in response to this problem, on the one hand, it is necessary for merchants to take packaging or other preventive measures to avoid similar problems from happening; On the other hand, it also depends on consumer awareness.
In Rao Wei's view, for goods that must be used before problems can be discovered, it may not be guaranteed that the goods are in good condition after use, even if it exceeds the 7-day return period. The law also provides special protection, such as the Consumer Protection Law, which stipulates that if the goods or services provided by the operator do not meet quality requirements, consumers can return them in accordance with national regulations and the agreement between the parties, or require the operator to fulfill obligations such as replacement and repair. Operators shall bear necessary transportation and other expenses.
In the interview, several online store operators pointed out that some consumers use return and refund rules to cheat merchants, and the platform also has a responsibility. Some platforms implement no review and instant refunds, allowing sellers to bear losses in advance without investigation or accountability. They hope to establish a disciplinary mechanism for frequent and unreasonable return accounts.
The reporter purchased two snacks and two clothes on a certain e-commerce platform, and refunded them three or four days after they arrived under the pretext of "7-day no reason return", which was directly approved by the platform. Some sellers roast that even some online shopping platforms have no reason to support sellers to return products that obviously do not meet the "7-day return without reason" requirement, such as cosmetics and bottled food that have been used, and some online shopping platforms have extended the "7-day return without reason" to "2-month return without reason". The platform also verified that the product does not comply with the "7-day no reason return" service, and the solution is still to support refunds to buyers. If the product has not been returned, the system will "refund the buyer in seconds".
In this regard, Rao Wei believes that after consumers apply for a refund, businesses also need time to confirm the integrity of the goods. If the goods are damaged, businesses have the right to demand appropriate discount compensation from consumers. This "instant refund" phenomenon deprives businesses of the time to check the integrity of the returned goods, which is unfair. In practice, e-commerce platforms mainly choose the "instant refund" method to improve efficiency and maintain the platform's credibility. If the ultimate loss is borne by the merchant, from the perspective of the game between the buyer and the seller, the loss of the merchant will also be transferred to the price of each product.
In Chen Yinjiang's view, the reason why the Consumer Protection Law stipulates a "7-day no reason return" policy is to consider that consumers who purchase goods remotely may not have a comprehensive understanding of the product information like on-site shopping, or may make purchase choices without fully understanding the product information. This is actually to prevent consumers from purchasing goods that they do not truly want to buy due to information asymmetry. Therefore, "7-day no reason return" is mainly to protect the legitimate rights and interests of consumers. Consumers must cherish the rights granted by the law, and cannot abuse this unreasonable right to return goods. Otherwise, it will go against the original intention of legislation.
How to avoid consumers exploiting return rules to exploit loopholes?
Chen Yinjiang said that merchants must comply with the rule of "7-day no reason return" in accordance with the law, and for those who meet the return conditions, they should promptly provide returns and refunds; For products that do not meet the return criteria, reasonable reasons can be given and the return can be refused, especially for products that have been used or have obvious defects that cannot be resold to other consumers. The platform should establish fair and reasonable return rules, take technical or other necessary measures, and protect the rights and interests of both sellers and consumers. Consumers should also consume in a civilized and rational manner, protect their rights in accordance with the law, and not excessively or abuse their rights, especially not to harm the rights of others for personal gain. Regulatory authorities and consumer associations should increase their publicity efforts on relevant laws, regulations, and consumer knowledge, guide businesses to operate with integrity and compliance with the law, guide consumers to consume rationally, and protect their rights in accordance with the law.
Rao Wei suggests that online shopping platforms can appropriately record the integrity of consumers. If a certain account frequently returns without reason, the platform should classify and handle it, and verify the return status with the merchant in a timely manner. Consumers who maliciously use the rules multiple times should be punished accordingly, and sellers can be required to receive confirmation of the return before refunding. The relevant regulatory authorities should also urge various e-commerce platforms to implement relevant institutional designs and balance the interests of both buyers and sellers.
