The full text of the regulations on the protection of consumers' rights and interests in Guangxi Zhuang Autonomous Region
When dealing with consumers, business operators should abide by laws and regulations and follow the principles of voluntariness, equality, fairness, honesty and credibility. Below, I have carefully collected the full text of the regulations on the protection of consumers' rights and interests in Guangxi Zhuang Autonomous Region. I welcome you to refer to it and hope to help you!
Chapter I General Provisions
Article 1 These Regulations are formulated in accordance with the provisions of the Law of the People's Republic of China on the Protection of Consumers' Rights and Interests and relevant laws and administrative regulations, and in combination with the actual situation of this autonomous region.
article 2 these regulations shall apply to the protection of the rights and interests of consumers who need to buy or use commodities or receive services for their daily consumption, as well as the means of production directly used for agricultural production within the administrative area of this autonomous region. Where there are provisions in laws and administrative regulations, those provisions shall prevail.
business operators shall abide by these regulations when providing commodities or services to consumers.
article 3 when dealing with consumers, business operators shall abide by laws and regulations and follow the principles of voluntariness, equality, fairness, honesty and credibility.
article 4 governments at all levels shall strengthen their leadership over the protection of consumers' rights and interests, and organize, coordinate and urge relevant departments to perform their duties of protecting consumers' legitimate rights and interests according to law.
the relevant departments of industry and commerce administration, quality and technology supervision, food and drug supervision, health, price and so on of the government at or above the county level shall, according to their respective functions and duties, supervise the operators according to law, investigate and deal with illegal acts that infringe upon the legitimate rights and interests of consumers, and safeguard the legitimate rights and interests of consumers.
article 5 when governments at all levels and relevant administrative departments formulate major policies concerning consumer rights and interests, such as water supply, power supply, gas supply, telecommunications, television, transportation, medical care, education, and property management, they should listen to the opinions of consumer rights protection committees and consumer representatives by holding symposiums and hearings.
article 6 the relevant trade associations shall urge the operators of their own industries to standardize their operations, and the industry rules formulated shall reflect the protection of consumers' legitimate rights and interests.
the mass media should do a good job in propaganda to protect consumers' legitimate rights and interests, and conduct supervision by public opinion on acts that harm consumers' legitimate rights and interests.
any unit or individual has the right to supervise acts that harm the legitimate rights and interests of consumers.
article 7 without the authorization of laws and regulations or the approval of the government of the autonomous region, no organization may conduct social appraisal and evaluation activities on commodities and services.
chapter ii consumers and business operators
article 8 consumers enjoy the right to know, the right to choose their own goods or services, the right to fair trade, the right to obtain compensation, the right to supervise, the right to report and accuse, and other rights in accordance with the Law of the People's Republic of China on the Protection of Consumer Rights and Interests and other laws and regulations.
article 9 consumers have the right to demand that the goods or services provided by business operators meet the national, industrial or local standards for protecting human health and personal and property safety. If there is no national, industrial or local standard, it shall meet the quality, safety and hygiene requirements generally recognized by the society, and there is no unreasonable danger endangering human health and personal and property safety.
consumers have the right to ask business operators to provide a safe place and environment for consumption.
article 11 when providing goods and services, business operators shall issue invoices, purchase vouchers or service receipts to consumers in accordance with relevant state regulations or business practices.
if a consumer asks a business operator to provide a certificate of origin and a list of charges, the business operator shall provide it and shall not refuse.
if consumers ask business operators to record the real situation of goods or services on invoices, purchase vouchers or service documents, business operators shall not refuse.
article 11 business operators shall fulfill their obligations as agreed with consumers, and shall fulfill their commitments. The agreement and commitment shall not violate the provisions of laws and regulations.
if the contents of the agreement and commitment are conducive to safeguarding the legitimate rights and interests of consumers and the requirements for the obligations of the operators are higher than the mandatory provisions of laws and regulations, they shall be performed in accordance with the agreement and commitment.
article 12 if a business operator undertakes the responsibility of guaranteeing repair, replacement and return (hereinafter referred to as "three guarantees") of commodities in accordance with the relevant regulations of the state and autonomous regions, it shall provide consumers with three-guarantee certificates and fulfill the three-guarantee obligations. The three-guarantee certificate shall indicate the rights of consumers and the obligations of operators, and designate qualified maintenance units.
if a business operator promises or agrees with consumers to undertake the three-guarantee responsibility for goods, it shall provide the three-guarantee certificate in accordance with the provisions of the preceding paragraph and perform the three-guarantee obligation in accordance with the agreement or commitment. If the agreed and promised three-guarantee period exceeds the time limit prescribed by the state or autonomous region, it shall be performed in accordance with the agreement and commitment.
if the products with three guarantees meet the conditions for return and replacement, the business operator shall return and replace them within three days from the date of receiving the consumer's request for return and replacement.
article 13 if a business operator undertakes the responsibility of returning goods according to the provisions, agreements and commitments of the three guarantees, it shall refund the purchase price at one time according to the amount of the purchase voucher, and shall not charge depreciation fees.
if the business operator undertakes the replacement responsibility for the goods according to the provisions, agreements and commitments of the three guarantees, it shall replace the goods of the same model and specifications for consumers free of charge. The three-guarantee period for replacing goods shall be recalculated from the date of replacement. If there is no commodity of the same model and specification, it shall be replaced with a commodity of the same brand whose performance is not lower than that of the original product; If there are no goods of the same model and specification, and no goods of the same brand whose performance is lower than that of the original product, and the consumer requests to return the goods, the operator shall refund the payment in one lump sum according to the amount of the purchase voucher. If there are goods of the same model and specification or goods of the same brand whose performance is not lower than that of the original product, the business operator shall return the goods and charge a depreciation fee according to the depreciation rate stipulated by the state; For commodities for which the depreciation rate is not stipulated by the state, depreciation fees shall be charged according to commercial practices or agreements between the parties.
if the operator assumes the responsibility for repairing the goods according to the provisions, agreements and commitments of the three guarantees, it shall repair the goods within 31 days from the date of receiving the repaired goods, and shall not charge any fees. If the goods cannot be repaired at the expiration date, the business operator shall replace the goods of the same model and specification for consumers; If it cannot be used normally after two repairs during the warranty period, the operator shall be responsible for replacement or return.
article 14 where a business operator provides consumers with terms on the use format of goods or services, the business operator shall inform consumers in advance of terms that have a significant bearing on consumers' rights and interests. Business operators shall not use the standard clauses to make the following provisions:
(1) Exempting or partially exempting business operators from the legal responsibilities that they should bear for causing consumers' death or personal injury;
(2) Exempting or partially exempting the liability for compensation due to the intentional or gross negligence of the business operator;
(3) exempting or partially exempting the operator from the basic contractual obligations;
(4) exempting or partially exempting the business operators from the responsibilities of repairing, replacing, redoing, returning goods, supplementing the quantity of goods, and refunding the payment for goods and service fees;
(5) stipulate that the operator has the right to change or terminate the contract at will, and restrict the right of consumers to change or terminate the contract according to law;
(6) restricting consumers' right to choose mediation, arbitration or bring a lawsuit to solve consumer disputes;
(7) restricting consumers' right to obtain liquidated damages and other reasonable compensation;
(8) stipulating that the liquidated damages or damages paid by consumers exceed a reasonable amount;
(9) stipulate that consumers should bear the business risks that should be borne by operators;
(11) it is stipulated that consumers shall not refuse to perform the contents that operators can raise prices without authorization, except for changes in government pricing or government guidance prices;
(11) stipulate that the operator shall enjoy the right to interpret the contract unilaterally;
(12) other provisions for evading responsibilities or restricting consumers' rights.
consumers have the right to refuse to use standard terms if they think that business operators use standard terms to evade their responsibilities or restrict consumers' rights.
auction instructions or special agreements, sales promotion, service documents, commercial advertisements, notices, statements, shop notices, shopping vouchers, data telegrams, short messages, Internet pages, etc. that meet the conditions of the contract offer are regarded as standard terms.
article 15 when providing commodities or services, business operators shall clearly mark their prices in accordance with relevant regulations. The price tag shall be clearly marked with complete price tag, true and clear price tag content, clear handwriting and eye-catching logo. When the price changes, it should be adjusted in time. No unspecified fees shall be charged.
when providing optional goods or services, business operators shall obtain the consent of consumers in advance. If they provide goods or services without the consent of consumers, consumers may refuse to pay the relevant fees.
Article 16 When providing commodities or services, business operators shall not require consumers to provide personal information unrelated to consumption; Without the consent of the consumer, the personal information of the consumer shall not be disclosed to a third party. Except as otherwise provided by laws and regulations.
article 17 business operators shall provide consumers with a safe consumption environment and places, and their business premises, service facilities, store decoration, commodity display, etc. shall meet the requirements of protecting consumers' personal and property safety. For places or business projects that may endanger personal and property safety, corresponding protective measures should be taken and obvious warning signs should be set up. If the facilities are not perfect or the operators are negligent in taking precautions, resulting in personal and property damage to consumers, the operators shall bear corresponding legal responsibilities according to law.
article 18 if a business operator finds that there are serious defects in the goods or services it provides, and even if the goods or services are used correctly, it may still cause harm to personal and property safety, it shall immediately stop selling or providing services and report to the relevant administrative departments. If the commodity has been sold, it shall also inform the consumer immediately and recall the commodity for repair, replacement or destruction. If services have been provided, corresponding remedial measures should be taken immediately.
the expenses of commodity recall and service recovery shall be borne by the operators.
article 19 the goods, prizes, gifts and free services provided by business operators in the form of reduced price sales, prize sales, bonus sales, etc. shall ensure the quality, and shall not be exempted from the repair, replacement, redo and other legal responsibilities that they should bear.
business operators should inform consumers of the goods that are defective but do not affect their performance before buying them and indicate them on the shopping vouchers.
Article 21 Medical institutions and medical staff should respect patients' right to know about their illness, diagnosis and treatment, and their right to choose treatment, and respect patients' right to privacy. Without the consent of the patient or his family, the patient's condition shall not be disclosed.
medical institutions should allow patients or their families to consult and copy inspection reports, operation and anesthesia records, nursing records, medical orders, prescriptions and other relevant medical materials.
in addition to emergency rescue, medical institutions should inform patients or their families in advance of the items to be inspected and the charging standards, the functions and prices of drugs and medical devices to be used. The use of expensive drugs or special devices shall be subject to the consent of the patients or their families in advance. Medical institutions shall, after collecting medical expenses in accordance with relevant regulations, list the detailed items of charges to patients and issue receipts. For hospitalized patients, medical institutions shall provide a list of medical expenses on a daily basis.
article 21 a commercial housing operator shall specify the address, building structure, building area, decoration standard, pricing method, payment method, supporting facilities, property right handling and other contents of the commercial housing in the contract to ensure that the quality of the commercial housing meets the standards set by the state.
Article 22 The commercial housing operator shall return the house if the consumer requests to return the house under any of the following circumstances, and shall compensate for the losses as stipulated in the commercial housing sales contract and bear other corresponding legal liabilities according to law:
(1) Pre-selling the commercial housing without obtaining the pre-sale permit for the commercial housing;
(2) Mortgaging or selling the house after concluding a contract for the sale of commercial housing;
(3) selling `commercial housing' that has been legally sealed up and restricted from transfer to consumers;
(4) delivering the commercial housing that has not been completed and accepted or is unqualified;
(5) other fraudulent acts as stipulated by laws and regulations.
Article 23 A business operator engaged in residential decoration shall sign a written contract with consumers, specifying the construction scheme, time limit, cost, quality and environmental protection standards, quality assurance methods, warranty matters, liability for breach of contract, etc. Where the decoration materials are provided by the operator, the name, specifications, environmental protection and safety indicators, grades and prices of the materials shall also be stipulated in the contract, and the materials shall be accepted and recognized by consumers.
if the operator needs to rework or redo due to violation of the agreement, it shall rework and redo, and the expenses required shall be borne by the operator.
the operator shall guarantee the renovation project within two years from the date of completion and acceptance.
Article 24 Operators of public service industries such as water supply, power supply, gas supply, television, postal services, telecommunications, public transportation, Internet and other industries with exclusive status shall provide goods and services in accordance with state regulations or agreements with consumers, and abide by the following provisions:
(1) Consumers shall not be restricted from buying goods from their designated operators; Not tying goods or providing paid services against consumers' wishes.
(2) It is not allowed to raise the charging standard or increase the charging items without authorization; If materials are not provided, no material fee shall be charged; The cost of laying pipelines, pipelines and other public facilities shall be borne by the operators, unless otherwise stipulated by laws and regulations.
(3) If the service is suspended at the request of the consumer, no suspension fee shall be charged, unless resources are occupied or services need to be provided separately.
(4) issue a list of project fees when collecting fees.
(5) No minimum usage limit shall be specified.
(6) Some users shall not stop providing goods or services to other users because they fail to pay the fees on time.
(7) The maintenance and overhaul of equipment shall not affect the normal operation of public services; If the public service does not work normally, inform the consumer at least three days in advance.
(8) If consumers stop providing goods or services for reasons such as not paying the fees in time, they shall inform consumers in advance and give them the necessary preparation time.
(9) If a consumer complains about quality, measurement and other issues, it shall find out the reasons within seven days from the date of receiving the complaint and inform the consumer; If the measurement increases not due to the responsibility of consumers, consumers shall not be required to bear the expenses arising therefrom.
article 25 operators engaged in clothing washing and ironing services shall provide services in accordance with the agreement, and indicate the texture, specifications, color, value, defects and other contents of the clothes to be washed and ironed in the receipt issued. If the clothes are deformed, damaged, dyed or lost, the operator shall refund the fees charged, and bear the corresponding liability for compensation according to the actual purchase price and depreciation of the goods. If there are special requirements, the operator may reach a special agreement with the consumer.
article 26 operators engaged in photography and printing services shall ensure the quality of photography and printing. no