Law on the Protection of Consumer Rights and Interests (Amendment) will come into force on Mar. 15, 2014

The Decision of the Standing Committee of the National People’s Congress on Amending the Law on the Protection of Consumer Rights and Interests (“Decision”) , which had been adopted by the National People’s Congress on Oct. 25. The Amendment will come into force on Mar. 15, 2014. The Decision includes 31 articles. Hereinafter is the brief introduction of those articles.

“Right of Revocation” for consumers without giving reasons. Article 25 of Amendment stipulates that consumers shall be entitled to return commodities ordered online, such as on internet, television, telephone, or by mail, except otherwise required by Amendment, within seven days of receipt and without giving reasons .

Regulating “Imparity Clauses”. Article 26 of Amendment stipulates that the retailers shall remind the consumers of and explain about the standard terms, lists those terms which shall be reminded to consumers. In addition, Amendment prohibits the retailers to force consumers to purchase by standard terms and technological means.

“Inversion of burden of proof” is applied in disputes related to durables commodities and decoration service. Article 23 of Amendment requires the retailers to bear the burden of proof where disputes arise due to a defect found by a consumer in the durable commodities or decoration services provided by the retailers, such as motor vehicle, computer, television, refrigerator, air conditioning and washing machine within six months from the date when consumers receive the commodity or service.

The litigation in name of “Consumer association”. Amendment stipulates that “Consumer association” may initiate proceedings at the people’s court against conducts damaging the legitimate rights or interests of consumers at large. But the criteria for “consumers at large” shall be defined further.