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What laws do businesses violate by not refunding

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What laws do businesses violate by not refunding


        

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  • 2024-06-18 20:00:49

    The non refund of merchants violates the Consumer Protection Law and the Civil Code.

    According to Chinese laws, if the goods or services provided by business operators do not meet the quality requirements, consumers can return the goods or require the business operators to perform the obligations of replacement or repair in accordance with national regulations and the agreement of the parties. In the absence of State regulations and agreement between the parties, the consumer may return the goods within seven days from the date of receipt of the goods; If the conditions for legal termination of the contract are met seven days later, the consumer may return the goods in time. If the conditions for legal termination of the contract are not met, the consumer may require the operator to perform the obligations of replacement, repair, etc.

    If the merchant does not refund, there may be a breach of contract, and the other party can be held liable for breach of contract according to the contract between the two parties.

    How can businesses protect their rights without refunds?

    1. You can first communicate and negotiate directly with the merchants;

    2. Complain to the consumer association and other relevant departments and request mediation;

    3. If mediation fails, a lawsuit can be brought to the court to safeguard their legitimate rights and interests.

    In today's society, people's legal awareness has become stronger and stronger. When we encounter disputes, we must take up the weapons of law to safeguard our legitimate rights and interests!

    Legal basis

    Article 24 of the Law of the People's Republic of China on the Protection of the Rights and Interests of Consumers: If the goods or services provided by a business operator do not meet the quality requirements, the consumer may return the goods or require the business operator to perform the obligations of replacement or repair in accordance with the state regulations and the agreement between the parties concerned. In the absence of State regulations and agreement between the parties, the consumer may return the goods within seven days from the date of receipt of the goods; If the conditions for legal termination of the contract are met seven days later, the consumer may return the goods in time. If the conditions for legal termination of the contract are not met, the consumer may require the operator to perform the obligations of replacement, repair, etc.
    Where the goods are returned, replaced or repaired in accordance with the provisions of the preceding paragraph, the business operator shall bear the necessary expenses such as transportation.

    Article 39 of the Law of the People's Republic of China on the Protection of the Rights and Interests of Consumers, in the event of a dispute between consumers and business operators over the rights and interests of consumers, it may be resolved through the following channels:
    (1) Negotiate and settle with the operator;
    (2) Request the consumer association or other mediation organizations established according to law to mediate;
    (3) Complaints to relevant administrative departments;
    (4) apply to an arbitral body for arbitration in accordance with the arbitration agreement reached with the business operator;
    (5) Bring a lawsuit to the people's court.

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