New consumer protection laws to buy a car also had "the right to regret"Product faulty, how smooth the return? Consumer advocacy "proof" do? Problems with online shopping how to return? Recently, the 12 session of the Standing Committee of the national people's Congress of the People's Republic of China consumer protection Amendment Act (draft) are provided to numerous consumer concerns, including for car protection, return and so on are involved in. However, the draft amendment to the law will be effective in dealing with many cancellation car trade dispute and other concerns.
buy a vehicle, the burden of proof difficult to return?
case] Zhao last March in an automobile 4S shop to buy a car, would heartily recommend by sales staff, paid 120,000 yuan of preferential prices for a "nice" without taking a test drive. Three months later due to collision insurance claim, from his insurance company was informed that the car had a major accident, check on buying insurance, also had a claim. In times with the 4S store request a transfer case nothing, Mr Zhao is a lawsuit suing the 4S shop to court. A final judgement of the Court, 4S shop sales to plaintiffs involved in cars, failed to inform the car has been sold to others and be returned to the actual situation, which mistook the car for the plaintiff without the sales of new cars, and new car prices. Fraud shall bear the corresponding legal responsibility.
: the operator is responsible for
of proof set forth in draft, "operators of motor vehicles, microcomputers, television sets, refrigerators and other durable goods or services such as decoration, consumer acceptance within six months from the date of the goods or service defects, disputes, burden of proof borne by the operators. "
civil procedure in the industry, who advocates who the burden of proof. But in many cases of owners ' rights, because owner lacks the knowledge and information asymmetry, evidentiary issues tend to be the most insurmountable mountain of owners ' rights. Renmin University of China Law School Professor Liu junhai said consumer rights you want, the threshold of proof is high, costs are also high. Under the draft, "burden of proof borne by the operators" to consumers inclined. Onus is also available on the car manufacturer's product quality, 4S shop service quality effectively constrained.
according to incomplete statistics, as manufacturers refused to cooperate with the identification of owners, or owners of setting obstacles in seeking identification, leading to final activist stranded due to evidentiary problems of the owners, car complaints about 10%. In some cases such as spontaneous combustion accidents, manufacturers of negative proportion is as high as 60%.
new car giveaway scam claim?
case] in March of this year, 14 s shop, Mr Liu had ordered a 250,000 yuan of high-end cars, salesman represents a genuine gift containing a value of 5000 Yuan explosion-proof membrane and the steering wheel locks, car navigation, car, boutique gift package. Mr LAU mentioned the car not long after it was discovered the explosion-proof membrane bubble, went to reload to know other 4S store, sales of "shoddy", for which post was just around a 1000 Yuan kitchen explosion-proof membrane. Liu complained to the 4S shops, 4S shop sales were terminated transactions cannot be determined from the last promised compensation for the explosion-proof membrane around a set of 2000 Yuan.
: businesses must be twice the compensation
in the compensation process, the Bill provides that "fraud operators providing goods or services, shall, in accordance with the consumer's request for additional compensation for their losses, increases the amount of compensation for the consumer purchase price or service fee twice. "
vehicle quality problems in the industry or trade disputes, consumers are often time-consuming, laborious and can only eat dirt to give up rights as rights '. Draft also stipulates that whatever the disputes, consumers claimed amount at least 500 Yuan (less than 500 by 500 yuan), protect the interests of consumers, can also improve consumer rights initiatives.
online shopping? Seven-days back
case] now buy car online have become commonplace, Geely, Dongfeng Nissan, SMART new cars all have "net" means to promote trade through the network. Last December, Mr LI in an electronic Mall to see a brand network promotion, then purchased a new car around 70,000 yuan, when the 4S shop car, he discovered that the vehicle color and access some decorative pieces and read online, want to return. Is a special bulky items, the Mall has yet to reply, and manufacturers have to solve through consultation with a transfer, does not agree to return the car. Non-unique, Floyd online car buying a 3D car Ottomans, bought after it was found not to meet the car's size, the same problem of business sale to pad are not returned.
: consumer may unilaterally terminate the contracts
requirements to ensure that consumers ' rights online to provide the necessary information. Gives online shoppers during the appropriate right to unilaterally terminate the contract: consumers are entitled to from the date of receipt of the goods returned in the 7th, but according to the nature of goods should not be returned except. Operators shall from the date of receipt of the returned goods returned within the 7th the price paid by consumers. At the same time protecting the privacy of consumers ' personal information.
practical experience in order to correct the vehicle belongs to the needs of consumers buying big expensive goods, purchase risk, buyers and sellers need to assume. From vehicle use characteristics, the car does not belong to "no returns" category, so once problems with purchase, consumers can also be a powerful activist.
the new law are rights blade
to draft new regulations on the consumer's "partiality", many dealers expressed concern to reporters: do not have conditions of return policy and compensation constraints would lead to malicious return, giving operators adversely? In this regard, the China consumers ' Association lawyer Qiu Baochang, head of the China consumers ' Association expert consultants said this provision embodies a fair, operators need not worry. Practice has proved that the car for this commodity, malicious request phenomenon rarely return. Inverted in the auto industry has long been calling for many years, even if it is implemented in the coming year the car warranty also failed to achieve a breakthrough on this issue. If the amendment to this law, in a breakthrough on the issue, for car owners, will no doubt be a new activist edge.