Where an operator has an agreement with a consumer or a commitment is made to a consumer, it shall be performed in accordance with the agreement or commitment, except that the agreement or commitment violates the provisions of laws and regulations or harms the legitimate rights and interests of consumers.
Article 13 Business operators shall not make false propaganda or set consumption traps to deceive consumers in business promotion and promotion.
Business operators sell goods or provide services through radio, television, newspapers, the Internet, mail order, etc. The publicity statement made shall be consistent with the goods sold or the services provided.
Fourteenth format contracts, commercial advertisements, shop notices, service guides, shopping vouchers and web pages drawn up by business operators are invalid if they contain the following contents:
(a) increase the obligations of consumers or let consumers bear the obligations that should be borne by operators;
(2) to exclude or restrict consumers' right to change or terminate the contract according to law;
(3) excluding or restricting consumers' right to demand payment of liquidated damages and damages according to law;
(four) to exclude or restrict the right of consumers to choose mediation, appeal or bring a lawsuit to resolve disputes according to law;
(five) to reduce or exempt them from civil liability for infringing upon the legitimate rights and interests of consumers;
(6) Other provisions that are unfair and unreasonable to consumers.
Fifteenth operators should hang their business licenses and other administrative licensing certificates in the business premises according to law.
Organizers of commodity trading markets, organizers of trade fairs, and providers of venues and counters shall publish the telephone numbers and addresses of supervisory and complaint institutions in a prominent position in the business premises, and urge operators, exhibitors, users of venues and counters of commodity trading markets to hang business licenses and other administrative licensing certificates.
Business operators sell goods or provide services through radio, television, newspapers, the Internet, mail order, etc. , it shall inform consumers of the business operator's name, business premises, business scope, business license number, purchase conditions and contact information.
Article 16 Business operators shall not tie in goods or provide services against consumers' wishes, and shall not add service items or attach other conditions without authorization.
Business operators shall not refuse or delay the provision of goods or services to consumers without justifiable reasons.
Operators shall not set a minimum consumption amount, and shall not refuse to perform legal obligations on the grounds of the quantity and use of goods or services purchased by consumers.
Article 17 An operator shall use qualified measuring instruments, take the legal unit of measurement as the settlement standard, and ensure the accuracy of measurement results.
Operators shall not include packaging in the net content of goods, shall not be short of quantity, and shall not refuse consumers to re-examine the measurement results.
Eighteenth operators to provide goods or services should be clearly marked, the price tag is complete, the price tag is true and accurate.
Operators are not allowed to forcibly increase the price to sell goods or provide services outside the marked price, and are not allowed to charge any fees outside the marked price.
Nineteenth operators to provide goods or services should issue invoices to consumers, and provide warranty certificates for goods that need warranty, and shall not charge any extra fees; Receipt, warranty certificate, etc. Invoices shall not be used instead.
Twentieth operators should provide consumers with a safe consumption environment, and their business premises, service facilities, shop decoration and commodity display should meet the requirements of protecting personal and property safety. Warning signs should be set up for those who may endanger personal and property safety, and corresponding preventive measures should be taken.
Safety monitoring measures taken by business operators in business premises shall not infringe consumers' privacy rights.
Article 21 If an operator finds that the goods or services provided by him are seriously defective, and even if he uses the goods or accepts the services correctly, it may still cause harm to personal and property safety, he shall immediately stop selling the goods or providing services, report to the local administrative department for industry and commerce, and promptly and effectively inform consumers through mass media, store notices or other means, recall the goods or take remedial measures for the services already provided.
The cost of commodity recall or service recovery shall be borne by the operator.
Twenty-second operators shall bear the warranty, replacement, return (hereinafter referred to as three guarantees) or other responsibilities in accordance with the provisions of the state and the province or the agreement with consumers.
If the goods cannot be used normally after two repairs during the warranty period, the operator shall bear the responsibility for replacement or return, and shall not charge depreciation and other expenses.
If the operator assumes the responsibility of replacement, it shall replace the goods of the same model and specification for consumers free of charge; If the operator does not have the same type and specification of goods, the consumer may request a return, and the operator shall not charge depreciation fees and other expenses.
If the operator assumes the responsibility of refund, it shall refund the payment in one lump sum, and shall not charge depreciation fees and other expenses.
Article 23 Business operators shall, in accordance with the provisions or agreements of laws and regulations, meet consumers' requirements for repairing, replacing, redoing, returning goods, making up the quantity of goods, refunding the payment for goods and services or compensating for losses, and shall not deliberately delay or unreasonably refuse.
Deliberate delay or unreasonable refusal mentioned in the preceding paragraph includes the following circumstances:
(a) the business operator fails to make a reply within 5 days from the date of receiving the notice of the consumer's request to fulfill the obligation or the relevant administrative department or consumer association to handle the dispute;
(2) The business operator fails to perform the promised obligations within five days after committing to perform the obligations or within the time limit agreed by the consumers;
(three) the operator fails to perform the decision made by the relevant administrative department or the mediation agreement made by the consumer association within the time limit.
Twenty-fourth operators to provide prizes, gifts or free services in the form of sales promotion, should ensure the quality, and does not exempt from the responsibility of repairing, replacing, redoing, supplementing the quantity of goods and compensating for losses.
Twenty-fifth operators to provide goods or services, shall not require consumers to provide personal information unrelated to consumption.
Without the consent of the consumer, the business operator shall not disclose the consumer's name, gender, occupation, age, address, ID number, education, contact information, marital status, work unit, income and property status, fingerprints, blood type, medical history and other family-related information to a third party or use it for other purposes. Where laws and regulations provide otherwise, such provisions shall prevail. Twenty-sixth engaged in power supply, water supply, gas supply, communications, postal services, cable television, urban public transport, funeral and other public utilities and other operators with exclusive status according to law, the goods and services they provide should meet the mandatory standards. If there is no mandatory standard, it shall conform to the agreement of both parties.
The operator shall publicize the legally approved charging items and standards in the business premises, and charge according to the publicized items and standards, and shall not be forced to collect advance payment, and shall not increase the charging items or raise the charging standards without authorization. When providing paid services, operators shall obtain the consent of consumers in advance, and shall not impose charges.
The measuring instruments used by operators must be verified by legal or authorized metrological verification institutions, and the measuring instruments and related equipment shall be inspected and maintained regularly.
Operators shall not restrict consumers from buying goods or receiving services at their designated business premises.
Twenty-seventh medical institutions to provide medical services, due to the use of substandard drugs, substandard medical devices or in violation of medical management laws, regulations and technical specifications for diagnosis and treatment damage the legitimate rights and interests of patients, should bear civil liability according to law. If it constitutes a medical accident, it shall be handled in accordance with the relevant provisions of the state.
Medical institutions and their medical personnel shall not give patients drugs that are not directly related to diagnosis and treatment or conduct inspections and tests that are not directly related.
Medical institutions providing medical care services shall clearly indicate the service contents and charging items and standards, charge according to the standards approved according to law, and issue a detailed list, receipt or invoice of charging items, standards and amounts to patients. No self-reliance, decomposition of project fees or raising fees, fees charged in violation of regulations shall be returned to patients.
Medical institutions and their medical staff shall protect patients' right to know and privacy in receiving medical services according to law. Provide convenience for patients or their immediate family members and guardians to consult and copy medical records such as prescription notes, hospitalization records, doctor's orders, inspection reports, surgery and anesthesia records; Without the consent of the patient or his immediate family or guardian, the patient's condition shall not be disclosed.
Twenty-eighth beauty, hairdressing and health care operators should use standardized service supplies to ensure the safety and quality of services, and express or agree on the effects of beauty, hairdressing and health care to consumers in advance, and inform them of matters needing attention. If the agreed effect cannot be achieved, it shall be redone or returned according to the requirements of consumers; If it causes adverse consequences such as personal injury to consumers, it shall be liable for compensation according to law.
Twenty-ninth food operators shall not deal in toxic, harmful, spoiled and expired food; Toxic and harmful substances shall not be used for food preservation, polishing, coloring, smoking and other processing and packaging.
Operators engaged in the catering and entertainment industry shall provide food and services that meet the health and safety requirements; Those who do not meet the health and safety requirements and cause damage to consumers shall compensate for the losses according to law. The food and services provided by operators shall be clearly marked, and consumers shall not be refused to bring their own drinks, and unreasonable fees such as bottle opening fees shall not be charged.
Article 30 A commercial house operator shall clearly indicate the exact address, building structure, construction area, interior area and apportioned construction area, decoration standard, external environment, public facilities, pricing method, payment method, delivery date, property right handling, etc. of the commercial house to consumers in writing.
Operators shall not have the following acts:
(a) concealing the fact that the pre-sale permit for commercial housing has not been obtained or providing a false pre-sale permit for commercial housing;
(two) the delivery of commercial housing without completion acceptance or unqualified acceptance;
(three) the use of building and decoration materials caused by indoor environmental pollution index seriously exceeded the standard;
(four) after the conclusion of the contract for the sale of commercial housing, the house is mortgaged or sold to a third party without the consent of the buyer, or the fact that the sold house has been mortgaged or sold is concealed and sold again.
An operator who commits one of the following acts shall be liable for breach of contract, and the consumer shall return the house if he requests to return the house:
(a) unauthorized changes in planning and design, resulting in changes in the quality, area, structure, orientation, floor, delivery time and other commercial housing does not meet the contract;
(two) the external environment of commercial housing and other supporting facilities are inconsistent with the commitments of the operators;
(3) Failing to complete the house and land ownership formalities for the buyer within the time limit stipulated in the contract.
Operators shall fulfill the obligations of house maintenance stipulated by the state and agreed in the contract. During the warranty period, if there are quality defects such as leakage and cracking in the house, the operator shall bear the responsibility of repair, replacement and compensation for losses, except for improper decoration or improper use by consumers.
Thirty-first residential decoration operators shall agree with consumers in writing on the decoration items, standards, prices, quantity, quality and time limit, and ensure the decoration quality and timely completion. The name, specification, grade, price and quantity of the decoration materials provided by the operator. There should be a written agreement on the choice of decorative materials, and the decorative materials should meet the mandatory standards. If there is no mandatory standard, it shall comply with the agreement of both parties.
If the operator violates the agreement, he shall bear the liability for breach of contract; If rework is needed, it shall be completed within the newly agreed time limit, and the cost of rework shall be borne by the operator.
Thirty-second property management operators shall perform the property management contract, accept the supervision of the owners of residential areas and the owners' committee, and shall not harm the interests of the owners. Owners have the right to hire property management companies in accordance with the provisions; If the property management company fails to provide services as agreed in the contract, the owners' meeting has the right to terminate the contract according to law.
Article 33 Operators engaged in non-public welfare and non-academic education and training services shall truthfully inform the curriculum, teacher status, learning and training places, teaching facilities, charging items and standards in the enrollment brochures and advertisements.
In case of any of the following acts, the operator shall refund all the fees collected within 10 days from the date when the educated person or his guardian requests to drop out of school, and shall be liable for compensation according to law:
(a) do not have the legal qualifications to recruit educated people;
(2) making false propaganda in the enrollment brochures and advertisements;
(3) luring the educated to receive education with fictitious promises such as ensuring employment;
(four) to arrange for personnel who do not have the corresponding teacher qualifications to engage in teaching activities;
(5) failing to provide teaching places, teaching equipment and facilities that can guarantee personal safety and meet the teaching requirements;
(6) forcing the educated to terminate their studies by improper means.
If the operator raises the charging standard or increases the charging items without authorization, it shall refund all the fees collected within 10 days from the date when the educated person or his guardian requests to drop out of school. If the educatee or his guardian does not request to drop out of school, the overcharged fee shall be refunded.
Article 34 An operator engaged in the insurance industry shall truthfully explain the contents of the insurance contract to the applicant.
Operators and insurance brokers shall not coerce, cheat, conceal or induce in insurance activities.
Business operators shall perform their obligations of compensation or payment of insurance benefits in accordance with the provisions of laws and regulations or the contract, and shall not deliberately delay or unreasonably refuse.
Article 35 Operators engaged in tourism business shall sign a tourism contract with consumers, stipulate the service items and charging standards, and provide services according to the schedule, grading standards and prices agreed in the contract, and shall not lower the standards, and shall not force or mislead consumers to buy goods or accept services. Without the consent of consumers, they may not transfer or join the tour group, and may not change the tour route, travel time, scenic spots, means of transportation, accommodation level, charging standards and other contents. Contract, or increase or decrease the service items or lower the service standards.
Thirty-sixth operators engaged in highway passenger transport business shall collect fees according to the standards approved by law, and transport consumers according to the time, frequency and model specified in the passenger ticket. Without justifiable reasons, it is not allowed to refuse to carry, detour, change routes, stop halfway or change vehicles. Do not overload, increase the price halfway, or dump passengers halfway.
Operators engaged in air, railway and waterway transportation shall promptly inform consumers, and those who fail to leave the station or arrive on time shall be properly handled in accordance with relevant regulations.
Thirty-seventh operators engaged in repair and replacement services shall provide services in accordance with the provisions of the state or the agreement between the two parties, deliver the goods on time and ensure the quality. When providing services, consumers should be informed in advance of the spare parts, materials, prices, time limit and other conditions needed for repair and processing, and repair and processing can only be carried out after the consumers agree to issue a certificate stating the name, quantity, project, cost, delivery date and other contents of the processed or repaired goods.
Operators shall not steal parts that do not need to be replaced or replace parts, and shall not falsely list maintenance items or falsely claim to replace parts.
The operator shall repair the repaired parts, and the warranty period shall not be less than 30 days; If the operator promises that the warranty period exceeds 30 days, it shall be subject to its agreement. The warranty period is calculated from the date when the goods are repaired and delivered to consumers.
Article 38 Operators engaged in the washing and dyeing industry shall provide services according to the washing and dyeing quality, mode, price, time limit and specific requirements agreed with consumers, and may agree in writing on the value and compensation standard of washing and dyeing products. To prevent loss, damage, misprinting, pollution, deformation, etc. For the washing and dyeing materials, the operator shall refund the fees charged and bear the liability for compensation.
Article 39 Operators engaged in photography and printing shall provide services in accordance with the quality, quantity, price and time agreed with consumers and deliver all photos, negatives and materials to consumers. If the photos taken and developed do not meet the quality requirements, the fees shall be refunded or redone free of charge according to the requirements of consumers.
If the business operator causes damage or loss to the consumer's films and negatives, it shall refund the consumer's printing expenses, and make compensation according to 10 times the price of the damaged or lost films and negatives.
If the business operator causes damage or loss to the consumer's data, it shall refund the consumer's printing and production expenses, and make compensation according to 3 to 5 times of the printing and production expenses.
If consumers and operators reach an agreement in advance on the printing of films, negatives and data materials with special value, the insured fee shall not exceed1%of the insured amount; If the service provided by the operator does not meet the agreed requirements, it shall compensate the consumer for the losses according to the agreed insurance amount.
Fortieth operators of intermediary services such as talents, labor services, marriage, study abroad and housing. The service content, fees and liabilities for breach of contract shall be agreed with consumers. , shall not provide false information to consumers, shall not engage in intermediary services by means of fraud, coercion, etc., and shall not charge consumers fees beyond the agreement. If the operator fails to provide services in accordance with the agreement, causing losses to consumers, it shall refund the service fee and bear the liability for compensation according to law.
Forty-first operators engaged in thrilling entertainment projects should have the technical conditions, service equipment, necessary rescue facilities and personnel to ensure the personal safety of consumers, and formulate emergency plans.