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Is there no reason to postpone the Spring Festival for seven days?
The annual "Double Eleven" online shopping carnival of China people started, and the online shopping goods of college students' "hot parties" in the logistics distribution stations of major universities in Jinan surged, and students were in an endless stream to pick up the goods. As the year is approaching, most express delivery companies are gradually entering a "semi-closed" state; During the Spring Festival holiday, most customer service staff will have a holiday and cannot provide services. Then, will "online shopping for seven days without reason to return" be affected? Can the return date be postponed? The reporter conducted an investigation for this. Investigate some businesses to extend the Spring Festival return period. Ordinary holidays will not be postponed. "The 7-day Spring Festival holiday will not be included in the unreasonable return time, but customers are not advised to return goods at this time." A customer service staff member of a health pot brand who opened a shop on an e-commerce platform told reporters that it may be more convenient after the post-holiday express delivery and after-sales service return to normal. Another store customer service staff who promised to "return goods for seven days without reason" told reporters that the express delivery could not be received during the Spring Festival, and no one in our warehouse received the express delivery. "In case of holidays, the seven-day unreasonable return time limit is generally not extended, but the Spring Festival holiday is special, and the courier and customer service staff are on holiday, so the unreasonable return time is exempted." Many other shops consulted by the reporter also said that "seven days no reason to return goods" will not be postponed because of ordinary holidays. However, due to the particularity of the Spring Festival holiday and after-sales customer service holiday, there is no reason for the store to postpone the return period. Taobao's service terms about "seven days without reason to return goods" point out that the time limit for applying for returning goods starts from 0: 00 the next day after the logistics sign-in, and it is 7 days after 168 hours. In the regulations on handling procedures and conditions, Taobao proposed that if the buyer had asked the seller to provide a "seven-day return without reason" service within seven days, the seller refused; Or can't contact the seller; Or the seller interrupts its operation or service, etc. , all meet the application conditions of "seven days no reason to return". Regarding the freight burden that consumers are concerned about, Taobao makes it clear that for packaged goods, buyers need to bear the return postage, while for unpackaged goods, buyers need to bear the delivery and return postage. Data Map: "Zero Distance" decrypts the development road of mobile e-commerce and feels the real working state of e-commerce "double 12" on the spot. Sun Quanshe Some e-commerce platform rules lack "flexibility". The return period is not extended due to holidays such as the Spring Festival. Compared with the policies of third-party sellers, some e-commerce platforms do not have much "flexibility" in their own return rules, and will not extend the "seven days no reason to return" period because of the Spring Festival holiday. "Amazon will calculate the seven-day unreasonable return time limit in strict accordance with the actual receipt time of consumers. Different types of goods follow different return rules and will not be postponed due to the Spring Festival holiday or other holidays. " Amazon China customer service staff reminded that consumers only need to submit a return application within the specified time, and the actual delivery time of goods may be delayed accordingly. JD.COM Mall pointed out in the General Rules for After-sales Service of self-operated goods that customers can return the goods within 7 days from the date of receiving them, and exchange them within 15 days, and customers can submit maintenance applications online for exchange. It is worth noting that if the goods are returned for personal reasons, they can be returned within 7 days (inclusive), but the exchange service within 15 days (inclusive) is no longer supported. According to the Interim Measures for the Seven-day Return of Online Purchase Goods (referred to as the Interim Measures) issued by the State Administration for Industry and Commerce on June 6, 65438, "If consumers choose to return goods without reason, they should send a return notice to online commodity sellers within seven days from the date of receiving the goods", but the actual delivery time of the return is not specified. Data Map: Except for special commodities, the new consumer law stipulates that online commodity operators sell commodities, and consumers have the right to return them within seven days from the date of receiving the commodities, without giving reasons. Zhang Bin, China News Agency, interprets "seven days": Should it be a working day or a natural day? Experts say that "the seven-day period starts from the day after the consumer signs for the goods." This is the definition of "seven days" limitation in the Interim Measures. The "seven days" here are not clearly defined as natural days, but only refer to a "period". "Judging from the provisions of the Consumer Protection Law,' Seven Days' is neither a natural day nor a working day. Calculated from the date when the consumer confirms the receipt of the goods, subject to the actual return and mailing behavior. " Yang Lixin, director of the Civil and Commercial Law Science Research Center of Renmin University of China, said in an interview that if consumers and businesses have special agreements, they can still follow them. Yang Lixin explained that from the perspective of civil law, "seven days" is actually a period. According to the rules of civil law, no matter what the start date is, the end date is a legal holiday when the seventh day is calculated, and it can be extended by 1 day in the future, so it can be returned on this 1 day. "For example, if the consumer receives the online shopping goods on1October 26th in 65438+, and1October 27th to February 2nd is the legal Spring Festival holiday, then the consumer can use February 3rd to exercise the right of return, that is, give the consumer one more day to apply for a return". Liu Junhai, director of the Institute of Commercial Law of Renmin University of China, believes that "although the departmental regulations do not explicitly state that the 7th is a working day, from the perspective of citizens' habits, it is more appropriate to interpret it as a working day. After all, consumers have travel needs on holidays and cannot guarantee timely inspection. " Liu Junhai believes that to ensure an effective unreasonable return cycle, one is to benefit consumers; Second, businesses can be forced to use stricter standards to restrict marketing, after-sales service and other behaviors. There will be new changes in the seven-day return from March 15! The Measures for the Administration of Online Transactions issued by the State Administration for Industry and Commerce on February 20 13 14 gives consumers the right to regret online shopping. In contrast, the Interim Measures for the Seven-day Return of Goods Purchased on the Internet without Reason, which will be officially implemented on March 15, gives more practical guidance for the return without reason. Seven kinds of goods are not suitable for seven days without reason to return. The "Interim Measures" clarify that four types of goods are not applicable to unreasonable returns, including goods ordered by consumers; Fresh perishable goods; Digital goods such as audio-visual products and computer software downloaded or unpacked by consumers online; Deliver newspapers and periodicals. At the same time, these three types of goods are not suitable for seven days without reason: first, goods that are easy to affect personal safety or life and health after unpacking, or goods that are easy to change the quality of goods after unpacking; Second, once activated or tried, the value of goods is derogatory; Third, goods close to the shelf life and defective products that have been clearly stated at the time of sale. You can't refuse to return goods on the grounds of unpacking inspection. The "Interim Measures" also explained in detail that "the returned goods are in good condition", that is, the goods can maintain their original quality and function, and the goods themselves, accessories and trademarks are complete, which is considered to be in good condition. Without the confirmation of the consumer when purchasing, the merchant refuses to return the goods because the goods are not suitable for seven days, or refuses to return the goods on the grounds that the consumer has unpacked and inspected the goods, which will be punished according to law. According to the regulations, the freight generated by returning goods should be borne by consumers according to law. Unless otherwise agreed between the operator and the consumer, such agreement shall prevail. In addition, if consumers participate in free shipping activities that meet certain conditions, but cannot meet the requirements of free shipping activities after returning goods, online commodity sellers can deduct the freight when refunding. Merchants should refund within seven days after receiving the return. The "Interim Measures" clarify that if the goods returned by consumers are in good condition, the online commodity seller shall return the paid commodity price to consumers within seven days from the date of receiving the returned goods. The refund method is compared with the payment method of the purchased goods. (End)