Current location - Recipe Complete Network - Catering franchise - Is it legal to "move goods without returning or replacing them"?
Is it legal to "move goods without returning or replacing them"?
According to the actual situation and relevant laws and regulations, it is illegal to refuse to return movable goods, which is an invalid agreement, so it is illegal.

According to the provisions of Article 23 of the Law of People's Republic of China (PRC) on the Protection of Consumer Rights and Interests, business operators shall guarantee the quality, performance, use and expiration date of the goods or services they provide under normal use; However, consumers already know that there is a defect before buying goods or receiving services, except that the existence of the defect does not violate the mandatory provisions of the law.

Where a business operator indicates the quality of goods or services by advertisements, product descriptions, physical samples or other means, it shall ensure that the actual quality of the goods or services it provides is consistent with the indicated quality.

If consumers find defects in durable goods such as motor vehicles, computers, televisions, refrigerators, air conditioners, washing machines and other services provided by operators within six months from the date of accepting goods or services, and disputes arise, the operators shall bear the burden of proof for the defects.

Article 24 If the goods or services provided by business operators do not meet the quality requirements, consumers may return them in accordance with the provisions of the state and the agreement of the parties concerned, or require business operators to fulfill the obligations of replacement and repair. If there is no state regulation and agreement between the parties, consumers can return the goods within seven days from the date of receipt; After seven days, consumers who meet the statutory conditions for terminating the contract can return the goods in time. If it does not meet the statutory conditions for terminating the contract, it may require the operator to fulfill the obligations of replacement and repair.

Where goods are returned, replaced or repaired in accordance with the provisions of the preceding paragraph, the business operator shall bear the necessary expenses such as transportation.

Twenty-fifth operators sell goods through the Internet, television, telephone and mail order. Consumers have the right to return the goods within seven days from the date of receipt without giving reasons, except for the following goods:

(1) ordered by consumers;

(2) Fresh and perishable;

(3) Digital commodities such as audio-visual products and computer software downloaded or unpacked by consumers online;

(4) newspaper delivery.

In addition to the goods listed in the preceding paragraph, other goods that are not suitable for return according to the nature of the goods and confirmed by consumers at the time of purchase are not returned without reason.

The goods returned by consumers shall be in good condition. The business operator shall refund the commodity price paid by the consumer within seven days from the date of receiving the return. The return freight is borne by the consumer; Unless otherwise agreed between the operator and the consumer, such agreement shall prevail.