A business operator providing a commodity or service to a consumer shall perform obligations in accordance with the Product Quality Law of the People's Republic of China and other relevant laws and regulations.
Where an agreement exists between a consumer and a business operator, obligations shall be carried out in accordance with that agreement. An agreement between the parties concerned shall not, however, be in contravention of laws and regulations.
A business operator shall listen to and take account of suggestions regarding commodities and services provided by it and shall be subject to supervision by consumers.
A business operator shall ensure that commodities and services provided by it meet with the requirement for the safeguard of the person and property of the consumer. Where a commodity or a service may jeopardise safety of person or property of the consumer, it shall make a true statement and clear warning explaining and indicating correct methods for the use of such a commodity or receipt of such a service and preventative measures against such an occurrence.
A business operator which finds a commodity or a service provided by it to have a serious defect which may cause harm to the safety of person or property of the consumer, even where such a commodity or a service is used correctly, must immediately make a report to the relevant authorities, inform consumers and adopt preventative measures against such occurrence.
A business operator shall provide consumers with true information concerning commodities and shall not conduct false advertising.
A business operator shall provide true and clear answers to questions raised by consumers concerning the quality and use of commodities or services provided by it, and other related issues.
Retailers shall clearly mark prices on the commodities provided by them.
A business operator shall clearly indicate its true name and trade.
A business operator leasing counters or venues shall clearly indicate its true name and trade.
A business operator providing commodities or services shall issue a purchase or service voucher to consumers in accordance with relevant State regulations or commercial practices. A business operator must issue a purchase or service voucher where requested to do so by a consumer.
A business operator shall ensure that the commodities or services which it provides possess the quality, functions, usages and dates of expiry that they should have during the normal use of such commodities or receipt of such services, except where a consumer is already aware of the existence of defects before purchasing such commodities or receiving such services.
A business operator indicating the quality condition of a commodity or a service by way of advertisement, product description, physical example or other means must ensure that the actual quality of the commodity or service provided by it is consistent with the indicated quality condition.
A business operator which bears responsibility for guaranteed repair, replacement and return or other liability in accordance with State regulations or an agreement with a consumer in providing a commodity or a service must carry out such responsibilities in accordance with State regulations or the agreement and shall not be permitted to deliberately procrastinate or refuse to do so without reason.
A business operator shall not be permitted to set unreasonable or unfair terms for consumers or alleviate or release itself from civil liability for harming the legal rights and interests of consumers by means of standard contracts, circulars, announcements, shop notices, etc.
Where standard contracts, circulars, announcements, shop notices, etc, contain contents as listed in the preceding paragraph, the contents of such standard contracts, circulars, announcements and shop notices, etc, shall be invalid.
A business operator shall not insult or slander consumers. A business operator may not search the body of a consumer or articles carried by a consumer and shall not infringe upon the personal freedom of a consumer.
(Lawyer Wu Yingjie) |