颁布日期：20000707 推行日期：20000707 颁布单位：北京工商行政管理局
Pursuant to the PRC, Protection of the Rights and Interests of Consumers Law, the PRC, Anti-unfair Competition Law, the PRC, Advertising1 Law, the PRC, Contract Law and the relevant provisions of other laws and regulations, the Beijing Municipal Administration for Industry and Commerce issues the following notice on specific matters concerning the protection of consumers' lawful2 rights and interests in online economic activities, in order to promote the healthy development of the online economy and duly protect the lawful rights and interests of consumers:
This Notice regulates the for-profit activities whereby internet sites within the jurisdiction3 of Beijing Municipality sell goods or provide services. online auction4 activities engaged in by merchants are not regulated hereby and our opinions on regulating that type of activity will be formulated5 separately.
Merchants and consumers that use internet sites to conduct goods or service transactions shall conform with the principles of voluntariness, equality, fairness and good faith, actively6 and conscientiously7 honour their commitments and adhere to generally accepted commercial ethics8.
When using internet sites to purchase goods or accept services, consumers enjoy all the rights provided for in the PRC, Protection of the Rights and Interests of Consumers Law, the Beijing Municipality, Implementation9 of the Procedures and other related laws and regulations.
Website owners, and other merchants that use internet sites to engage in business activities, shall perform the obligations imposed on merchants by the PRC, Protection of the Rights and Interests of Consumers Law, the Beijing Municipality, Implementation of the Procedures and other related laws and regulations.
The goods sold or services provided by website owners and other merchants that use internet sites to engage in business activities may not violate the provisions concerning the protection of the rights and interests of consumers in the PRC, Protection of the Rights and Interests of Consumers Law, the Beijing Municipality, Implementation of the Procedures and other related laws and regulations.
Before website owners, and other merchants that use internet sites to engage in business activities, mutually provide or use internet sites to engage in business activities, they shall enter into written contracts that specify10 the rights and obligations of the parties. Such contracts shall be preserved for at least two years.
When a merchant enters into a sales contract online in the course of using an internet site to sell goods or provide services, he shall preserve the contract for at least two years.
A merchant may not mislead consumers by using such unfair competition practices as passing off another's registered trademark11, or using another's product name, enterprise name or enterprise address without authorization12, or counterfeiting13 or fraudulently using a certification mark or mark of fame or excellence14, etc. on its internet site.
Merchants that sell goods or provide services on internet sites shall inform consumers of their true place of registration15, contact method or place of business and may not provide a false address.
Merchants that sell goods or provide services on internet sites must clearly indicate the prices of the goods they are selling or the services they are providing and may not falsely indicate the prices of such goods or services.
Merchants that sell goods on internet sites must clearly indicate the place of origin, producer, specifications16, grade and quality of the goods they are selling. If a consumer raises a question concerning such details as the quality, performance, main ingredients/components, production date, shelf life, proof of having passed inspection17, user manual or after-sales service, etc. of a product, the merchant shall respond truthfully. If the merchant is temporarily unable to give a response, he shall give a reason. When dis百度竞价推广inating18 the aforementioned information, the merchant may not make any false claims and mislead consumers.
Merchants may not use adverti百度竞价推广ents or another method on their internet sites to make false publicity19 about the model, specifications, quality, manufacturing ingredients/components, price, performance, purpose, producer, shelf life, place of origin, etc. of goods, thereby20 causing misunderstanding among people. Operators of network advertising business may not act as agents for, or design, produce or dis百度竞价推广inate21 false adverti百度竞价推广ents.
Merchants that sell goods or provide services on internet sites shall ensure that the goods or services they provide meet the requirements of personal safety and safety of property. For products or services that may pose a risk to personal safety or safety of property, the merchant shall truthfully explain the same to or clearly warn consumers and explain or indicate the proper method of using the goods or accepting the service and the method for preventing injury or damage. If the same can be clearly indicated online, it shall be clearly indicated online and if it cannot be clearly indicated online, it shall be clearly indicated to the consumer during the physical transaction.
When providing goods or services, merchants that use internet sites to engage in business activities shall issue to consumers a proof of purchase or service memo22 in accordance with the relevant State regulations or commercial practice. If a consumer requests proof of purchase or a service memo, the online merchant must provide the same.
Website owners shall carry out record-filing of their online business in accordance with the Beijing Municipality, Record-filing of online Business Notice, and place the business record-filing mark on their home pages.
When using internet sites to purchase goods or accept services, the consumer should take care to look for the site's lawful record-filing mark and to ascertain23 the online merchant's true identity, and become more aware of the need to protect his own interests. If a consumer discovers a website that has not been recorded, he may make an online inquiry24 on the work website of the Beijing Municipal Administration for Industry and Commerce at HD315.gov.cn.
Merchants that sell goods or provide services on internet sites shall attach importance to their own reputations, strengthen self-regulation, enhance their service quality, conscientiously protect the rights and interests of consumers and not disturb the order in market trading.
Website owners shall strengthen their management and urge the merchants who use their electronic platforms to engage in business activities to operate legally and act in good faith.
If a consumer's lawful rights and interests are infringed25 while using an internet site to purchase goods or accept services, he may complain online through the Beijing Municipal Administration for Industry and Commerce's work platform at HD315.gov.cn or by dialing the complaint hotline number, 12315. The administration authority for industry and commerce will rectify26 the infringement27 of his lawful rights and interests or investigate and handle the matter in accordance with the law.
Hereby notified as such.
