[New News] Consumers who refuse to accept goods online for no reason must pay liquidated damages

The "Guangzhou Online Commodity Trading (B2C) Contract" (hereinafter referred to as the model text) has been officially implemented on August 18. The Guangzhou Municipal Administration of Industry and Commerce stated that in order to further standardize the operation of online platforms and the order of online transactions, and maintain the legality of the parties Rights and interests, consumers who refuse to accept goods online without reason will also need to pay liquidated damages.

This sample text has four major highlights:

First, clarify the applicable circumstances of "return without reason".

Except for consumer-customized, fresh and perishable, online downloaded or consumer-opened audio and video products, computer software and other digital products, delivered newspapers and periodicals, and other products that are not suitable for return based on the nature of the product and confirmed by both parties. , consumers have the right to return goods within 7 days from the date of receipt without giving reasons. This clause was established in accordance with the new Consumer Protection Law, which is conducive to protecting consumers’ right to choose and gives consumers the right to unilaterally terminate the contract within an appropriate period. The model text also stipulates that the freight for returning goods shall be borne by the consumer, and the freight for delivery shall be determined through negotiation between the two parties.

The second is to clarify the liability for breach of contract by both parties if they fail to perform the contract.

If a consumer violates the agreement and refuses to accept the purchased goods or services without reason, he shall pay the online store operator 10% of the price of the goods or service fees as liquidated damages; the online store operator shall pay the consumer the price of the goods if he fails to perform the agreed obligations. Or a penalty of 10% of the service fee. The establishment of this clause fully takes into account the interests of both parties, urges online store operators and consumers to perform their obligations as agreed in the contract, and at the same time ensures that consumers and online store operators can be compensated for losses caused by the other party's breach of contract.

The third is to clarify the liability of online store operators.

The online transaction model text stipulates in the breach of contract liability clause that if an online store operator commits fraud in providing goods or services, in addition to compensating consumers for losses, they must also pay 3% of the price of the goods or services received by the consumers. In addition to compensating consumers for losses, online store operators who sell food that they know do not meet food safety standards must also compensate consumers at 10 times the price of the food paid by consumers. The establishment of this clause increases the punishment for fraud and other fraudulent activities, and better protects the legitimate rights and interests of consumers.

Fourth, the third-party trading platform is clearly listed as a contract dispute mediation agency.

The model text of the online transaction contract lists applying for mediation to a third-party trading platform as one of the contract dispute resolution methods. When a dispute arises between the contract parties, in addition to applying to the Consumer Council for mediation, they can also apply to the third-party trading platform. Mediation. The purpose of this clause is to give play to the positive role of third-party trading platforms, help both parties save time and effort in resolving disputes, facilitate the rapid resolution of contract disputes, and reflect the advantages of third-party trading platforms in resolving disputes between online store operators and consumers.

Buyer Survey

Can you accept the buyer paying liquidated damages?

The model text not only clarifies the seller's liability for breach of contract, but also stipulates that if a consumer violates the agreement and refuses to accept the purchased goods or services without reason, he shall pay 10% of the price of the goods or service fees to the online store operator as liquidated damages. Is this clause acceptable to consumers? The reporter immediately asked 10 online shopping experts yesterday, and half of the netizens said they could accept it.

Netizen "Yiye Youyou" said that writing the liability for breach of contract between the buyer and seller into the contract will provide an extra layer of protection for both buyers and sellers. "I once tried to buy customized furniture, but there were frictions during the delivery process, and the seller was afraid of being cheated. He unilaterally forcibly terminated the transaction due to negative reviews. Later, he almost missed the construction deadline and spent nearly twice as much money to buy furniture offline. If the liability for breach of contract was clear at the time, the loss could at least be reduced. On the other hand, if the goods cannot be returned or exchanged, If a buyer breaks the contract, the seller can also receive compensation."

Lawyer’s statement

How to establish an electronic contract? Guidelines are yet to be formulated

Lawyer Huang Xuan from Guangdong Zhengping Tiancheng Law Firm said that this model contract regulates consumer contracts through the platform in accordance with the Consumer Protection Law. It is worth noting that the platform operator only assumes the responsibility for dispute mediation, which is too light, and is not in line with the red flag principle of Internet service providers: for information behavior that obviously harms the interests of consumers, the platform operator has a duty of care, otherwise it still needs to bear the responsibility. responsibility. In addition, how to establish an electronic contract also needs to be formulated by the management department.

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