The Regulations on the Protection of Consumers' Rights and Interests in Shaanxi Province was adopted at the sixth meeting of the Standing Committee of the Ninth People's Congress of Shaanxi Province on February 8, 1998, and is now promulgated. Article 1 In order to protect the legitimate rights and interests of consumers and maintain the order of market economy, 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 regulations, combined with the actual situation of this province.

article 2 within the administrative area of this province, the legitimate rights and interests of consumers who need to buy or use commodities or receive services for their daily consumption are protected by these regulations. Operators shall abide by these regulations when providing consumers with the commodities they produce and sell or providing services.

article 3 business operators and consumers shall follow the principles of voluntariness, equality, fairness, honesty and credibility.

article 4 the people's governments at or above the county level shall establish an office meeting system for the protection of consumers' rights and interests, which shall be attended by administrative departments such as industry and commerce, price control and technical supervision, and be responsible for organizing, coordinating and urging relevant departments to perform their duties of protecting consumers' legitimate rights and interests.

article 5 people's governments at all levels are responsible for organizing the implementation of these regulations. The administrative departments for industry and commerce at all levels shall strengthen the management and supervision of operators in accordance with the law to protect the legitimate rights and interests of consumers; Other administrative departments shall, in accordance with relevant laws and regulations, perform their duties of protecting the legitimate rights and interests of consumers within their respective scope of duties. With the support of people's governments at all levels, consumer associations shall perform the functions of protecting consumers' legitimate rights and interests according to law. The organization and establishment of consumer associations are solved by people's governments at all levels.

article 6 it is the common responsibility of the whole society to protect the legitimate rights and interests of consumers. Industry organizations should guide the operators in this industry to safeguard the legitimate rights and interests of consumers according to law. The mass media should do a good job in propaganda to safeguard the legitimate rights and interests of consumers, and conduct public opinion supervision over acts that harm the legitimate rights and interests of consumers. All organizations and individuals have the right to report, accuse and complain about acts that harm the legitimate rights and interests of consumers. Article 7 consumers shall enjoy the following rights:

(1) to know the real situation of the goods purchased or the services received;

(2) to choose goods or services independently;

(3) When purchasing commodities or receiving services, they shall enjoy the guarantees of quality, price, hygiene and measurement;

(4) When purchasing or using commodities or receiving services, their personal and property safety will not be harmed;

(5) having the right to demand repair, replacement and return of goods that do not meet the quality standards within the statutory or agreed time limit; Have the right to request improvement, rework or refund for unqualified services;

(6) Have the right to lodge a complaint, appeal, sue and demand compensation when you suffer damage due to purchasing or using commodities or receiving services;

(7) When purchasing or using commodities or receiving services, it has the right to require business operators to provide loan purchase vouchers, service receipts, necessary technical guidance and after-sales service;

(8) other rights stipulated by relevant laws and regulations.

article 8 when purchasing goods or receiving services, consumers shall be liable for personal or property damage caused by improper use or their own reasons; When making a complaint, appeal or prosecution, it shall be conducted according to the facts and in accordance with the law.

Article 9 A business operator shall undertake the following obligations:

(1) The true situation of providing goods or services;

(2) To provide commodities or services, the consent of consumers must be obtained, and forced sales or services are not allowed;

(3) The goods or services provided must conform to the national regulations on quality, price, hygiene and measurement;

(4) The commodities or services provided must meet the requirements of protecting personal and property safety;

(5) repair, exchange, return or improvement, rework or refund according to laws or agreements;

(6) other obligations stipulated by relevant laws and regulations.

article 11 business operators shall not insult or slander consumers, search their bodies and articles, or infringe upon their personal freedom. Eleventh operators should accept the supervision and inspection of the goods or services provided by the industrial and commercial and relevant administrative departments according to law.

article 12 the goods or services provided by business operators to consumers must be clearly marked, and they must issue purchase vouchers or service vouchers, and they must not refuse the consumers' demand for return on the spot.

article 13 when providing goods or services to consumers, business operators engaged in contracting and processing must specify the name, quantity, specification, style, quality, delivery date and cost of the materials on the vouchers.

article 14 anyone who leases the counters of other operators to engage in business activities shall hold the lessee's business license to operate in accordance with the law, and indicate the real name and mark in a conspicuous position. The operator of the rental counter shall indicate the location and scope of the rental counter in a conspicuous position.

article 15 business operators engaged in services shall clearly indicate the service items and service prices, provide services in accordance with regulations or agreements, and ensure the quality of services and the personal and property safety of consumers.

article 16 public utilities or other operators with exclusive status according to law shall ensure the quality of the goods and services they provide, strictly implement the state price regulations, and shall not restrict consumers from buying or accepting goods or services from other designated operators, and shall not increase charging items or raise charging standards without authorization.

article 17 operators engaged in the sale and lease of commercial housing shall, in accordance with the provisions of laws and regulations, not deliver the commercial housing that has not been completed and accepted, or that does not meet the conditions stipulated in the sales and lease contract, and implement a quality assurance system for the commercial housing sold and leased in accordance with the provisions of the state. Property management organizations shall strictly implement the service items, quality and charging standards stipulated by relevant laws and regulations or agreed in the contract.

article 18 the administrative department for industry and commerce has the right to revoke the provisions that trade organizations harm the legitimate rights and interests of consumers.

Article 19 A business operator shall not commit any of the following fraudulent acts in providing goods or services:

(1) selling adulterated, fake goods, and shoddy goods;

(2) using false or other improper means to make the quantity of the goods sold insufficient;

(3) the sale of goods such as "substandard goods", "defective products" and "off-grade" is unclear;

(4) selling commodities at fraudulent prices;

(5) selling commodities by means of false commodity descriptions, commodity standards or physical samples;

(6) not selling goods with real names and marks;

(7) deceptive sales inducement by employing others;

(8) making false live demonstrations and explanations;

(9) making false propaganda of goods or services by using mass media;

(11) defrauding consumers of advance payment;

(11) defrauding the price by mail order sales, and failing to provide or provide the goods according to the agreed terms;

(12) selling commodities in a false way of "sales with prizes";

(13) selling commodities by forging the inspection and quarantine results of commodities;

(14) defrauding consumers in other ways.

Article 21 In providing commodities to consumers, business operators who commit such acts in any of the following circumstances and can't prove that they are not cheating or misleading consumers shall bear the legal responsibility for cheating consumers:

(1) The sales fail and the commodities deteriorate;

(2) selling goods that infringe the registered trademark rights of others;

(3) selling goods with forged origin, forged or falsely used the name of another enterprise;

(4) selling goods with forged or fraudulent names, packages and decorations unique to other people's goods;

(5) selling goods with forged or fraudulent quality marks such as certification marks and famous brand marks.

article 21 the administrative department for industry and commerce may seal up and detain fake and inferior commodities in accordance with the law in the process of handling incidents that infringe upon consumers' legitimate rights and interests. Article 22 A consumer association is a social organization established according to law to supervise goods and services and protect the legitimate rights and interests of consumers.

article 23 consumer associations shall be established in administrative regions at or above the county level. Consumers' associations can establish branches in townships, towns, streets and commodity trading markets.

Article 24 The sources of funds for consumer associations are as follows:

(1) Government grants;

(2) mediation fees;

(3) membership fee income;

(4) accept social sponsorship.

Article 25 Consumers' associations shall perform the following functions in accordance with the Law of the People's Republic of China on the Protection of Consumers' Rights and Interests:

(1) to publicize laws, regulations and policies on the protection of consumers' rights and interests;

(2) popularizing and training consumer knowledge;

(3) accepting consumer complaints, investigating and mediating the complaints according to law or sending them to the relevant administrative departments for handling according to law;

(4) Publicizing consumer complaints and the results of investigation, comparison and evaluation on the quality of goods or services through mass media;

(5) It can be entrusted to represent the unspecified majority of consumers to bring a lawsuit against acts that harm the legitimate rights and interests of consumers;

(6) other functions prescribed by law. Article 26 When a consumer and a business operator have a dispute over the rights and interests of consumers, they can solve it through the following channels:

(1) settling the dispute through consultation, requesting the mediation of the consumer association or appealing to the relevant administrative department;

(2) submit to an arbitration institution for arbitration or bring a lawsuit directly to the people's court according to the arbitration agreement reached with the operator.

article 27 consumers who want to resolve disputes over consumers' rights and interests shall provide physical objects and hold authentic purchase vouchers, service vouchers or other relevant evidence.

article 28 if there is a dispute over the quality of goods or services, the department or organization accepting the complaint shall entrust a statutory testing institution to conduct the testing, or the testing institution may be agreed by both parties to the dispute, and the testing institution shall issue a written testing conclusion, and the testing expenses shall be borne by the responsible party.

article 29 if a consumer complains to the consumer association about a dispute over consumer rights and interests, the consumer association shall make a decision on whether to accept the complaint within three days after receiving it. After accepting the complaint, the consumer association shall end the mediation within 31 days, and the major and complicated matters shall end the mediation within 61 days. If the mediation is established, both parties shall perform it in accordance with the mediation agreement; If mediation fails, the parties concerned shall be informed in time to solve the problem through other channels.

Article 31 Where a consumer complains to the relevant administrative department, the administrative department shall make a decision on whether to accept or not within five days from the date of receiving the complaint. After accepting the appeal case, the administrative department shall handle it according to law within 61 days.

article 31 when a consumer's legitimate rights and interests are harmed, the consumer shall lodge a complaint with the consumer association or the relevant administrative department within one year from the date when he knows or should know that his rights and interests are harmed, unless otherwise stipulated by laws and regulations.

article 32 if the goods or services insured by an operator in an insurance company cause damage to consumers, the operator shall directly compensate for the losses.

article 33 if a consumer's legitimate rights and interests are damaged when buying goods or receiving services in commodity trading markets or fairs, he may claim compensation from the seller or service provider. Business operators in the commodity trading market may demand compensation from the market and the organizers of the fair if they close down or the fair ends. After compensation, the organizers of commodity trading markets and trade fairs have the right to recover from the sellers or service providers. If an enterprise that damages the legitimate rights and interests of consumers is divided, merged or changed, the enterprise that bears its rights and obligations shall be liable for compensation.

article 34 when consumers return goods due to substandard quality, when the price drops, the business operator shall refund the payment at the original price; When the price rises, the payment will be refunded at the new price. Unless otherwise stipulated by laws and regulations or otherwise agreed by both parties.

article 35 if consumers are caused losses by providing commodities without factory name, address, place of origin and certificate of conformity, they shall compensate for the losses. Thirty-sixth operators to provide substandard goods, repair, replacement, return responsibility within the warranty period, shall not charge any fees, and bear the transportation or mailing costs of goods; Those who deliberately delay or refuse without reason shall compensate for the losses caused thereby.

Article 37 If the services provided by business operators do not meet the statutory or agreed requirements, they shall be liable for improvement, rework or refund, and shall not charge any fees for improvement or rework; Those who delay or refuse without reason shall compensate for the losses caused thereby.

Article 38 Where a commodity or service does not meet the statutory or agreed quality requirements, consumers have the right to request repair, replacement, return or rework, improvement or refund within the following time limits:

(1) If there is a time limit stipulated by laws and regulations, it shall be implemented in accordance with the provisions;

(2) If the time limit is not stipulated by laws and regulations, the business operator may make an agreement with the consumer, and if the business operator makes an agreement with the consumer by means of format contract or store notice, the time limit shall not be less than three months;

(3) if the time limit is not stipulated by laws and regulations, and the time limit is not agreed between the business operator and the consumer, it is six months.

article 39 business operators who provide commodities or services and cause personal injury or property loss to consumers shall bear civil liability for compensation. If a business operator causes losses to consumers due to fraudulent acts, it shall increase the compensation for the losses suffered by consumers according to their requirements, and the amount of compensation shall be twice the price of goods purchased or the cost of services received by consumers.

article 41 if a business operator violates the provisions of article 11 of these regulations and infringes on the personal dignity or personal freedom of consumers, it shall stop the infringement, eliminate the influence, make an apology and compensate for the losses.

article 41 whoever, in violation of article 11 of these regulations, refuses or obstructs the supervision and inspection of industry and commerce and relevant administrative departments shall be given a warning and fined not more than 3,111 yuan; If the circumstances are serious, it shall be suspended for rectification or its business license shall be revoked; Violation of the provisions on administrative penalties for public security shall be punished by the public security department according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

article 42 anyone who violates the provisions of article 14 of these regulations shall be given a warning and fined not more than 3,111 yuan. If the lessee of the counter causes damage to consumers in the operation, he shall compensate the consumers. After the expiration of the counter lease, the consumers may also claim compensation from the lessor who refuses to set up the counter. The lessor of the counter has the right to recover from the lessee of the counter after compensation.

article 43 operators who violate the provisions of articles 13 and 15 of these regulations shall be given a warning and fined not more than 1,111 yuan.

Article 44 An operator who violates the provisions of Articles 19 and 21 of these regulations shall be ordered to stop the illegal act and be given a warning and a fine of not more than 11,111 yuan; If the circumstances are serious, it shall be ordered to stop rectification or revoke its business license; If there are illegal gains, the illegal gains shall be confiscated.

Article 45 A business operator who forcibly serves or sells goods or services against the wishes of consumers shall be given a warning and fined not more than 2,111 yuan; If the circumstances are serious, it shall be ordered to suspend business for rectification.

Article 46 A business operator who violates the provisions of Article 35 of these regulations shall be given a warning, and the "three noes" commodities shall be confiscated and a fine of less than 3,111 yuan shall be imposed; If there are illegal gains, the illegal gains shall be confiscated.

Article 47 Where a business operator provides goods or services, causing personal injury, disability or death to consumers or other victims, it shall, in accordance with

Consumption of the People's Republic of China.