One year has passed since the revised Law on the Protection of the Rights and Interests of Consumers came into effect on March 15, 2014, the World Consumer Rights Day. Following the changes, consumers can return goods they are dissatisfied with and get an unconditional refund within seven days of purchase. This applies to not only Internet shopping but also TV- and telephone-based sales.

However, many sellers refuse to accept returned goods and refund customers on the ground that the goods have been taken out of the original packaging. But on March 15 this year the State Administration for Industry and Commerce came up with further measures to protect consumers. The Punishment Regulations for Infringing on Rights and Interests of Consumers is meant to pull up sellers who give that reason to refuse refunds to customers returning goods. A deliberate refusal or more than 15 days' delay in refunding could get an errant seller a fine of up to 500,000 yuan ($80,645).

Can Chinese e-shoppers now return goods within seven days of purchase, even though the items have been taken out of their original packaging? There is a heated public debate on this. Some say that the punitive measures protect consumers' rights and interests better. However, some argue that certain goods, such as personal products, fresh foodstuff, audio and visual products, software and items that can't be resold, should be kept outside the unconditional return clause.

Pro

Wang Yong

Beijing lawyer

I think this regulation is fair. Customers buy products rather than the packaging. If the goods are defective, buyers should have the right to return them for refunds. Sometimes, it does happen that some consumers return products for no reason, but I think most buyers won't return them if they are satisfactory. So we should not make all consumers pay for the bad practices of a few. The extra cost for selling returned goods should be borne by sellers as either the products were defective or the sellers didn't provide e-shoppers with authentic information about the products or services.

Con

Xie Xiaolin

Editor

Considering the variety of goods available online, the new regulations should also have a list of items that are not subject to the unconditional return clause. It should include fresh foodstuff, underwear, mother and baby products, audio and visual products and software. Different goods should be treated differently. We should not impose uniformity in all cases. I think protection of consumers' rights should be based on respecting both buyers' and sellers' interests, instead of being biased toward one side.  

Pro

Qiu Baochang

Legal consultant, China Consumers' Association

The amendments allow online consumers to return goods and get an unconditional refund within seven days of purchase and the punishment regulations lay down punitive measures if sellers refuse to refund.

It's difficult to resell returned goods but that is part of the operation costs of running online businesses.

When selling returned goods, sellers should inform consumers that they are buying returned goods. They could also give discounts on flawed goods. This ensures the consumers' right to know and protects their interests. As a result, they would love to continue shopping online, which brings benefits to sellers in the long run.

Pro

Alamusi

Deputy Director, Policy & Law Committee of China Electronic Commerce Association

Although the new amendments have a list of products that are not subject to the unconditional return clause, it is difficult to have an exhaustive list. Considering the variety of goods available, it's best to leave some space for sellers and buyers to negotiate so that the regulations can be more feasible. 

Laws and regulations, including the new amendments and the punishment regulations, are part of the big picture. Regulated management of the market depends on independent management of the trades. The e-trade platform has to also take some responsibility. The implementation of the new regulations, in the long run, will stimulate domestic demand, encouraging more people to shop online, and regulate the market.  

Pro

Li Ming

Guangzhou resident

The punishment regulations safeguard consumers' rights and interests, enabling them to return goods and be refunded unconditionally within seven days of purchase. Online shoppers select goods on the basis of pictures and text descriptions. Some garments look good in the photographs online, but when you receive the actual product, sometimes you find the color or the material to be of poor quality. Some sellers don't allow customers to return goods, saying the items were taken out of the original packaging. This leads to an annoying online shopping experience. But with the regulations in effect, customers can shop online without qualms while sellers have to provide quality products at reasonable prices.

Sellers should think big and think far. If they give priority to consumers' interests, consumers' demand will increase and sellers will be able to get more profit from e-commerce. It's true that some special goods can't be resold once they are opened, but they are just a few. The punishment regulations will widen online shopping and are beneficial for both buyers and sellers in the long run.

Con

Mao Dou

Online shop owner

I don't feel optimistic about the new regulations. I think it will be harder to run online businesses. I run a store on taobao.com selling mother and baby products, which have to meet high sanitary requirements. If consumers return those products for refunds after opening them because they don't like them, it will cause losses for small businesses like mine and we would not be able to take such losses. Even in department stores consumers are usually not allowed to try out products such as underwear and socks. It's unjust that sellers have to make such big concessions just because the sales channel happens to be online.