After the double eleven revelry, how to safeguard their rights?

Starting from yesterday morning, the "Double 11" shopping carnival officially began. At 1:00:00, the transaction volume of an e-commerce platform exceeded 1 billion yuan, exceeded 10 billion yuan at 12 minutes and 28 seconds, and reached 33 minutes and 53 seconds, exceeding 20 billion yuan.... The amazing data of a group of people is amazing. "The 'Double 11' is too crazy!" But how do you defend your rights if you find that buying fake goods or goods is not the same as online promotion? What can I do if I can't find the merchant?

In response to issues of general public concern, the reporter consulted with relevant lawyers.

Yang Shengli, an attorney with Hebei Qixin Law Firm, said that online shopping products have a 7-day "regret period" and there is no reason to return them. Yang Shengli said that the new “Consumer Protection Law” stipulates in Article 25 that within seven days after online shopping receives goods, consumers have the right to return without explanation. If it is found that the received physical object and the webpage description are too different, the consumer can directly request a return, which greatly saves the energy and cost of rights protection.

Yang Shengli said that if the purchased goods are not the same as the online promotion, then the business is suspected of fraud. The new “Consumer Protection Law” has greatly increased the penalties on the basis of the original one-for-one compensation, not only increasing the amount of compensation by three times, the minimum standard is also clearly defined as 500 yuan, which means even a few tens of dollars A small piece of money, as long as the merchant fraud, at least should compensate 500 yuan, this provision to a certain extent can make up for the cost of consumer rights protection, but also to encourage consumers to take the initiative to safeguard their own legitimate rights and interests. If it is found that the purchased goods are counterfeit goods, consumers can hold relevant vouchers, such as the purchase of goods and payment of the voucher, the goods purchased are counterfeit goods, require the e-commerce site to bear the liability for breach of contract, delivery of genuine goods and compensation for losses, Or request to cancel the purchase contract, refund the price and compensate for the loss. If the e-commerce provider refuses to accept responsibility, consumers can complain to the consumer association, report it to the industrial and commercial department, or file a lawsuit with the court.

Yang Shengli said that the new "Consumer Protection Law" has specifically added relevant provisions on online shopping, and consumers can safeguard their rights in accordance with relevant provisions. Due to the special nature of the Internet, it may happen that the corresponding businesses cannot be found. What should be done at this time? It does not matter, Article 44 of the "Consumer Protection Act" stipulates that if consumers purchase goods or receive services through the online trading platform and their legitimate rights and interests are damaged, they may seek compensation from the seller or the service provider. If the provider of the online trading platform cannot provide the real name, address and valid contact information of the seller or the service provider, the consumer may also request compensation from the online trading platform provider. After compensation from the online trading platform provider, it has the right to recover from the seller or service provider. If the online trading platform makes a commitment that is more favorable to consumers, it should be performed. For example, a website promises to pay a lose ten and the seller promises to pay one for one, then once the seller is found selling, the consumer may request the website to make compensation according to the promise.

In addition, in today's rapid development of the Internet, many people may be worried about the leakage of personal information. In this regard, the new “Consumer Protection Act,” articles 14, 29 and 50, etc. With the right to personal information protected by law, business operators shall collect legally and properly with the consent of consumers, and take necessary measures to protect the collected information, and shall not disclose or even sell or illegally provide consumers with personal information. If the operator infringes this right, it shall stop the infringement, eliminate the impact, apologize and compensate for the loss. This point is also applicable to express companies that have a large amount of consumer personal information. However, it is still necessary to remind online shopping enthusiasts to pay attention to personal information when handling express parcels and avoid being used by intentive individuals.

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