According to the Law of People's Republic of China (PRC) on the Protection of Consumer Rights and Interests, the provisions are as follows:
1 Article 48 An operator who provides goods or services under any of the following circumstances shall bear civil liability in accordance with the provisions of other relevant laws and regulations, except as otherwise provided by this Law:
(a) The goods or services are defective;
(two) the goods do not have the performance that the goods should have and are not explained at the time of sale;
(three) does not meet the commodity standards indicated on the commodity or its packaging;
(four) does not meet the quality conditions indicated by commodity descriptions, physical samples, etc.;
(five) the production of goods explicitly eliminated by the state or the sale of invalid or deteriorated goods;
(six) the number of goods sold is insufficient;
(seven) the service content and fees are in violation of the agreement;
(8) Deliberately delaying or unreasonably refusing consumers' requests for repair, rework, replacement, return of goods, replenishment of commodity quantity, refund of payment for goods and service fees or compensation for losses;
(nine) other circumstances that harm the rights and interests of consumers as stipulated by laws and regulations.
Business operators who fail to fulfill their obligations to protect consumers' safety and cause damage to consumers shall bear tort liability.
Article 53 Where a business operator provides goods or services in advance, it shall provide them in accordance with the agreement. If it is not provided in accordance with the agreement, it shall fulfill the agreement or return the advance payment according to the requirements of consumers; And shall bear the interest of the advance payment and the reasonable expenses that the consumer must pay.
Extended data
1. If an operator commits fraud in providing goods or services, it shall increase the compensation for the losses it has suffered according to the requirements of consumers, and the amount of compensation shall be three times the price of the goods purchased by consumers or the cost of receiving services; If the amount of additional compensation is less than that of 500 yuan, it shall be 500 yuan. Where there are other provisions in the law, those provisions shall prevail.
Where a business operator knowingly provides goods or services to consumers, causing death or serious damage to the health of consumers or other victims, the victims have the right to demand compensation from the business operator in accordance with the provisions of laws and regulations such as Articles 49 and 51 of this Law, and have the right to demand punitive damages less than twice.
2, the operator has one of the following circumstances, in addition to bear the corresponding civil liability, other relevant laws and regulations have provisions on punishment organs and punishment methods, in accordance with the provisions of laws and regulations; Where there are no provisions in laws and regulations, the administrative department for industry and commerce or other relevant administrative departments shall order it to make corrections, and may, according to the circumstances, give a single warning, confiscate the illegal income and impose a fine of not less than one time but not more than ten times the illegal income, and impose a fine of not more than 500,000 yuan if there is no illegal income; If the circumstances are serious, it shall be ordered to suspend business for rectification and revoke its business license:
(a) the goods or services provided do not meet the requirements for the protection of personal and property safety;
(two) doping, adulteration, fake genuine, shoddy, or substandard goods as qualified goods;
(three) the production of goods explicitly eliminated by the state or the sale of expired or deteriorated goods;
(4) Forging the place of origin of goods, forging or fraudulently using the name and address of others, tampering with the date of production, forging or fraudulently using quality marks such as certification marks;
(five) the goods sold should be inspected and quarantined without inspection and quarantine, or the inspection and quarantine results are forged;
(6) making false or misleading propaganda about goods or services;
(seven) refusing or delaying the relevant administrative departments to order the sale of defective goods or services to stop, warn, recall, harmless treatment, destruction, stop production or services and other measures;
(8) Deliberately delaying or unreasonably refusing consumers' requests for repair, rework, replacement, return of goods, replenishment of commodity quantity, refund of payment for goods and service fees or compensation for losses;
(9) Infringe on consumers' personal dignity, personal freedom or consumers' personal information rights that should be protected according to law;
(ten) other circumstances stipulated by laws and regulations that damage the rights and interests of consumers should be punished.
China Municipal Government Legal Information Network-People's Republic of China (PRC) Consumer Rights Protection Law