Full text of Guangxi Zhuang Autonomous Region consumer rights protection regulations

Full text of Guangxi Zhuang Autonomous Region consumer rights protection regulations

When conducting transactions with consumers, business operators shall abide by laws and regulations and follow the principles of voluntariness, equality, fairness, honesty and credibility. Below, I carefully collected the full text of the Regulations on the Protection of Consumer Rights and Interests in Guangxi Zhuang Autonomous Region. Welcome your reference, I hope I can help you!

Chapter I General Provisions

Article 1 These Regulations are formulated in accordance with the Law of People's Republic of China (PRC) on the Protection of Consumers' Rights and Interests and relevant laws and administrative regulations, combined with the actual situation of the autonomous region.

Article 2 These Regulations shall apply to the protection of consumers' rights and interests in purchasing and using commodities or receiving services for daily consumption and the means of production directly used for agricultural production within the administrative area of this autonomous region. Where there are provisions in laws and administrative regulations, such provisions shall prevail.

Operators shall abide by these regulations when providing commodities or services to consumers.

Article 3 When dealing with consumers, business operators shall abide by laws and regulations and follow the principles of voluntariness, equality, fairness, honesty and credibility.

Article 4 Governments at all levels shall strengthen their leadership over the protection of consumers' rights and interests, and organize, coordinate and urge relevant departments to perform their duties of protecting consumers' legitimate rights and interests according to law.

The industrial and commercial administration, quality and technical supervision, food and drug supervision, health, price and other relevant departments of the government at or above the county level shall, according to their respective functions and duties, supervise the operators according to law, investigate and deal with illegal acts that infringe upon the legitimate rights and interests of consumers, and safeguard the legitimate rights and interests of consumers.

Article 5 When governments at all levels and relevant administrative departments formulate major policies concerning consumers' rights and interests, such as water supply, power supply, gas supply, telecommunications, television, transportation, medical care, education and property management. , should be held in the form of seminars, hearings, etc., to listen to the opinions of the Consumer Protection Committee and consumer representatives.

Article 6 Relevant industry associations shall urge industry operators to standardize their operations, and the industry rules formulated shall reflect the protection of consumers' legitimate rights and interests.

The mass media should do a good job in propaganda work to protect the legitimate rights and interests of consumers, and conduct supervision by public opinion on acts that harm the legitimate rights and interests of consumers.

Any unit or individual has the right to supervise acts that harm the legitimate rights and interests of consumers.

Seventh without the authorization of laws and regulations or the approval of the autonomous region government, no organization may conduct social appraisal and evaluation activities on goods and services.

Chapter II Consumers and Operators

Article 8 According to the Law of People's Republic of China (PRC) on the Protection of Consumers' Rights and Interests and other laws and regulations, consumers have the right to know, to choose their own goods or services, to trade fairly, to obtain compensation, to supervise and to report and accuse.

Article 9 Consumers have the right to demand that the goods or services provided by business operators meet the national, industrial or local standards for protecting human health and personal and property safety. If there is no national, industrial or local standard, it shall meet the quality, safety and hygiene requirements generally recognized by the society, and there is no unreasonable danger endangering human health and personal and property safety.

Consumers have the right to ask business operators to provide a safe place and environment for consumption.

Article 10 When providing goods and services, business operators shall issue invoices, purchase vouchers or service documents to consumers in accordance with relevant state regulations or business practices.

Where a consumer requests a business operator to provide a certificate of origin and a list of charges, the business operator shall provide it and shall not refuse.

If consumers ask business operators to record the real situation of goods or services on invoices, purchase vouchers or service documents, business operators shall not refuse.

Article 11 Business operators shall fulfill their obligations and commitments as agreed with consumers. Agreements and commitments shall not violate the provisions of laws and regulations.

The contents of the agreement and commitment are conducive to safeguarding the legitimate rights and interests of consumers. If the requirements for the obligations of operators are higher than the mandatory provisions of laws and regulations, they shall be fulfilled in accordance with the agreement and commitment.

Article 12 Business operators shall, in accordance with the relevant provisions of the state and the autonomous region, undertake the responsibility of guaranteeing repair, replacement and return (hereinafter referred to as "Three Guarantees"), provide consumers with three-guarantee certificates and fulfill the three-guarantee obligations. The three-guarantee certificate shall indicate the rights of consumers and the obligations of operators, and designate qualified maintenance units.

Where a business operator promises or agrees to undertake the responsibility of three guarantees of goods to consumers, it shall provide the certificate of three guarantees in accordance with the provisions of the preceding paragraph, and perform the obligation of three guarantees in accordance with the agreement or commitment. If the three-guarantee period agreed and promised exceeds the time limit stipulated by the state or autonomous region, it shall be fulfilled in accordance with the agreement and promise.

If the three-package goods meet the conditions for return and exchange, the operator shall return and replace them within three days from the date of receiving the return and exchange requirements put forward by consumers.

Thirteenth operators in accordance with the provisions of the three guarantees, agreements, commitments to return the goods, should be based on the amount of purchase vouchers, not to charge depreciation charges.

Operators who undertake the responsibility of commodity replacement in accordance with the provisions, agreements and commitments of the Three Guarantees shall replace the goods of the same model and specifications for consumers free of charge. The three-guarantee period for replacing goods shall be recalculated from the date of replacement. If there are no goods of the same model and specification, they shall be replaced with goods of the same brand whose performance is not lower than that of the original product; If there are no goods of the same model and specification, and there are no goods of the same brand whose performance is lower than the original product, if the consumer requests to return the goods, the business operator shall refund the purchase price in one lump sum according to the amount of the purchase voucher. If there are goods of the same model and specification or goods of the same brand whose performance is not lower than that of the original product, the operator shall return the goods and charge depreciation fees according to the depreciation rate stipulated by the state; For commodities for which the depreciation rate is not stipulated by the state, depreciation fees shall be charged in accordance with commercial practices or as agreed by both parties.

If the operator undertakes the repair responsibility in accordance with the provisions, agreements and commitments of the Three Guarantees, it shall repair it within 30 days from the date of receiving the repaired goods, and shall not charge any fees. If the goods cannot be repaired within the validity period, the business operator shall replace the goods of the same model and specification for consumers; If it cannot be used normally after two repairs within the warranty period, the operator shall be responsible for replacement or return.

Article 14 Where a business operator provides consumers with terms on the use format of goods or services, it shall inform consumers in advance of the terms that have a significant impact on consumers' rights and interests. Operators shall not make the following provisions by using the standard terms:

(1) Exempting or partially exempting the business operators from the legal liability that they should bear for causing personal injury or death to consumers;

(2) Exempting or partially exempting the liability for compensation caused by the intentional or gross negligence of the operator;

(3) Exempting or partially exempting the operators from their basic contractual obligations;

(4) Exempting or partially exempting business operators from the responsibilities of repairing, replacing, redoing, returning goods, supplementing the quantity of goods, and refunding payment for goods and service fees. Goods or services provided by them;

(five) agreed that the operator has the right to change or terminate the contract at will, limiting the right of consumers to change or terminate the contract according to law;

(6) Restrict consumers' right to choose mediation, arbitration or bring a lawsuit to solve consumer disputes;

(seven) limit the right of consumers to obtain liquidated damages and other reasonable compensation;

(8) agreeing that the liquidated damages or damages paid by consumers exceed a reasonable amount;

(nine) the provisions should be borne by the operators of business risks borne by consumers;

(10) The consumer shall not refuse to perform the content that the operator can raise the price without authorization, except that the government pricing or government guidance price changes;

(eleven) agreed that the operator has the right to interpret the contract unilaterally;

(twelve) other provisions to evade responsibility or restrict the rights of consumers.

Consumers have the right to refuse to use standard terms if they think that operators use standard terms to evade responsibilities or restrict consumers' rights.

Auction instructions or special agreements, sales promotion, service documents, commercial advertisements, notices, statements, shop notices, shopping vouchers, data telegrams, short messages, Internet pages, etc. An offer that meets the contract conditions is regarded as a standard clause.

Fifteenth operators to provide goods or services, should be clearly marked in accordance with the provisions. The price tag should be complete, the content of the price tag is true and clear, the handwriting is clear and the logo is eye-catching. When the price changes, it should be adjusted in time. No unspecified fees shall be charged.

Operators providing optional goods or services shall obtain the consent of consumers in advance. If a commodity or service is provided without the consent of the consumer, the consumer may refuse to pay the relevant fees.

Sixteenth operators to provide goods or services, consumers shall not be required to provide personal information unrelated to consumption; Without the consent of the consumer, the personal information of the consumer shall not be disclosed to a third party. Except as otherwise provided by laws and regulations.

Seventeenth operators should provide consumers with a safe consumption environment and places, and their business premises, service facilities, shop decoration and commodity display should meet the requirements of protecting consumers' personal and property safety. For places or business projects that may endanger personal and property safety, corresponding protective measures should be taken and obvious warning signs should be set up. If the facilities are not perfect or the operators are negligent in prevention, causing personal and property damage to consumers, the operators shall bear corresponding legal responsibilities according to law.

Article 18 If an operator finds that the goods or services provided by him are seriously defective, and even if the goods or services are used correctly, it may still cause harm to personal and property safety, he shall immediately stop selling or providing services and report to the relevant administrative department. If the goods have been sold, they should also immediately inform consumers and recall the goods for repair, replacement or destruction. Where services have been provided, corresponding remedial measures shall be taken immediately.

The cost of commodity recall and service recovery shall be borne by the operator.

Article 19 Commodities, prizes, gifts and free services provided by business operators in the form of reduced-price sales, prize sales and bonus. Ensuring quality does not exempt it from legal responsibilities such as repair, replacement and redo.

Business operators shall inform consumers of the defects of commodities before purchasing them, but it will not affect their performance, and indicate them on the shopping vouchers.

Twentieth medical institutions and medical staff should respect patients' right to know about their own illness, diagnosis and treatment, and the right to choose treatment methods, and respect patients' right to privacy. Without the consent of the patient or his family, the patient's condition shall not be disclosed.

Medical institutions shall allow patients or their families to consult and copy inspection reports, surgical and anesthesia records, nursing records, doctor's orders, prescriptions and other relevant medical materials.

In addition to emergency rescue, medical institutions should inform patients or their families in advance of the inspection items and charging standards that need to be used, the functions and prices of drugs and medical devices. The use of expensive drugs or special devices should obtain the consent of patients or their families in advance. After medical institutions collect medical expenses in accordance with the regulations, they shall list the detailed items of charges to patients and issue receipts. For inpatients, medical institutions shall provide a list of medical expenses on a daily basis.

Twenty-first commercial housing operators should specify the address, building structure, construction area, decoration standards, pricing methods, payment methods, supporting facilities, property management and other contents in the contract to ensure that the quality of commercial housing meets the standards prescribed by the state.

Twenty-second commercial housing operators in any of the following circumstances, consumers who want to return a house should return a house, and compensate for the losses in accordance with the provisions of the commercial housing sales contract, and bear other corresponding legal responsibilities according to law:

(a) the pre-sale of commercial housing without obtaining the pre-sale permit of commercial housing;

(2) Mortgaging or selling the house after concluding a contract for the sale of commercial housing;

(three) the sale of commercial housing sealed up and restricted in accordance with the law to consumers;

(four) the delivery of commercial housing without completion acceptance or unqualified acceptance;

(5) Other fraudulent acts as prescribed by laws and regulations.

Twenty-third operators engaged in residential decoration should sign a written contract with consumers, specifically stipulating the construction plan, time limit, cost, quality and environmental protection standards, quality assurance methods, warranty matters, liability for breach of contract, etc. If the decoration materials are provided by the operator, the name, specifications, environmental protection and safety indicators, grades and prices of the materials shall also be stipulated in the contract, which shall be accepted and recognized by consumers.

If the operator needs to rework and redo due to violation of the agreement, it shall rework and redo, and the expenses required shall be borne by the operator.

The operator shall ensure that the renovation project is completed within two years from the date of completion and acceptance.

Article 24 Operators of public service industries with exclusive status, such as water supply, power supply, gas supply, television, postal services, telecommunications, public transportation, Internet, etc., shall provide goods and services in accordance with state regulations or agreements with consumers, and abide by the following provisions:

(1) Consumers shall not be restricted from purchasing commodities from the business operators designated by them; Not tying goods or providing paid services against consumers' wishes.

(two) shall not raise fees or increase fees without authorization; Do not provide materials, do not charge material fees; The cost of laying pipelines, pipelines and other public facilities shall be borne by the operators, unless otherwise stipulated by laws and regulations.

(3) If a consumer requests to suspend the service, no suspension fee shall be charged, unless it occupies resources or needs to provide other services.

(four) when collecting fees, issue a list of project fees.

(5) No minimum usage limit shall be stipulated.

(six) not to stop providing goods or services to other users because some users do not pay the fees on time.

(seven) the maintenance and repair of equipment shall not affect the normal operation of public services; If the public service can't work normally, inform the consumer at least three days in advance.

(eight) if the consumer fails to pay the fees in time and other reasons to stop providing goods or services, it shall inform the consumer in advance and give the consumer the necessary preparation time.

(nine) complaints about quality, measurement and other issues of consumers, should be identified within seven days from the date of accepting the complaint, and inform consumers; If the measurement increases due to non-consumer responsibility, consumers shall not be required to bear the expenses arising therefrom.

Twenty-fifth operators engaged in clothing washing and ironing services should provide services in accordance with the agreement, and indicate the quality, specifications, color, value, defects and other contents on the delivery certificate issued. If the clothes are deformed, damaged, dyed or lost, the business operator shall refund the fees collected and bear the corresponding liability for compensation according to the actual purchase price and depreciation of the goods. If there are special requirements, operators can reach special agreements with consumers.

Twenty-sixth operators engaged in photography and printing services should ensure the quality of photography and printing. If it does not meet the quality requirements, it shall refund the shooting and printing fees according to the requirements of consumers, or re-shoot and print for free. After providing services, operators are not allowed to save and disseminate photos, negatives and materials stored in digital cameras without authorization.

Operators who cause damage or loss to consumers' films, negatives, digital cards, magnetic tapes and magnetic cards. The consumer's shooting and developing expenses shall be refunded and compensated.

If the photography or printing content has special value, the operator may reach an agreement with the consumer on the insured price, and the insured price shall not exceed 3% of the insured amount.

Twenty-seventh tourism service operators should sign a written tourism contract with consumers, stating the tourist routes, scenic spots, schedules, accommodation standards, means of transportation, tourism prices, self-funded items, liability for breach of contract and other matters. When arranging travel shopping, the place, frequency and time limit of shopping shall be clearly stipulated in the contract, and consumers shall not be forced to shop.

Changes in tourism contract items shall be subject to the prior consent of consumers. If an operator changes the contract without authorization, adds tourist attractions, entertainment, medical care, shopping and other items, or raises the standards of accommodation and transportation, it shall bear all the expenses thus increased and bear the liability for breach of contract. If the above items are reduced or the standards are lowered without authorization, the corresponding expenses shall be refunded and the liability for breach of contract shall be borne.

Twenty-eighth food operators and catering operators should meet the safety and hygiene conditions stipulated by food hygiene laws and regulations, and provide consumers with food that meets the national food hygiene standards and hygiene requirements. If the food provided does not meet the food hygiene standards and hygiene requirements, the operator shall replace it or return it. If it causes personal injury or other adverse consequences to consumers, it shall bear corresponding legal responsibilities according to law.

Article 29 Where a business operator sells goods by mail, direct telephone sales, television sales or online sales, it shall inform consumers of the business operator's name, business premises, business scope, business license number, purchase conditions and contact information, and provide the goods within the promised time limit.

If the appearance, quality, performance and use of the goods sold in the preceding paragraph are inconsistent with the commitments made by the business operators, consumers have the right to return the goods within seven days from the date of receipt, and the business operators shall refund the payment to the consumers within seven days, and bear the reasonable expenses such as mailing fees and communication fees paid by the consumers.

Thirtieth beauty salons operators should use and sell materials and supplies that meet the relevant national product quality, safety and hygiene regulations and standards, and inform consumers in advance of the effects and precautions achieved in beauty salons. If the beauty has not developed to the agreed effect, it shall be redone or refunded according to the requirements of consumers. Those who cause personal injury and other adverse consequences to consumers shall bear corresponding legal responsibilities according to law.

Article 31 Intermediary operators such as job introduction, marriage introduction, house sale and lease, study abroad and labor service abroad shall clearly state the administrative license, service items and charging standards in the business premises, truthfully publish advertisements, provide services in accordance with the provisions of laws, regulations and contracts, and shall not charge consumers fees beyond the standards, and shall not provide false information or conduct intermediary activities by other fraudulent means.

Intermediary operators who mislead consumers with false news or fail to fulfill their commitments shall refund all the expenses paid by consumers and bear the direct economic losses suffered by consumers.

Article 32 Operators engaged in the processing and repair industry shall specify the name, quantity, item, identification code, bar code, cost, specification, style, quality requirements, required materials and delivery date of the processed or repaired goods on the receipts issued to consumers, so as to ensure the processing and repair quality and timely delivery. It is not allowed to steal processed or repaired commodities or raw materials and spare parts of commodities, to replace spare parts that do not need to be replaced, to falsely report processing or repair projects or to falsely report replaced spare parts, and to raise the charging standards without authorization.

The operator shall guarantee the repaired parts for a period of not less than 30 days, counting from the date when the goods are repaired and delivered to consumers.

Thirty-third operators engaged in non-academic training and education services shall truthfully inform consumers of the training objectives, curriculum, teacher status, teaching address, charging items and standards. , and shall not commit the following acts that infringe upon the legitimate rights and interests of consumers:

(a) do not have the statutory qualifications for enrollment and enrollment;

(2) Deceiving consumers by fraudulent means such as false advertisements, false conditions of teaching and living facilities, and ensuring further education or employment;

(three) to raise the charging standard or increase the charging items without authorization;

(four) to reduce the teaching level, arrange teachers who do not have the qualifications of teachers or professional and technical positions to engage in teaching activities, and do not provide corresponding teaching places, equipment and facilities;

(five) forcing the educated to terminate or delay their studies in advance by improper means.

If the operator commits one of the acts listed in the preceding paragraph, it shall refund all or part of the tuition fees, training fees and other expenses within five days from the date when the consumer requests to withdraw from school, and bear other corresponding legal responsibilities according to law.

Article 34 Operators of agricultural means of production shall be responsible for the quality of the agricultural means of production they operate, truthfully introduce the effects, conditions and methods of the use of agricultural means of production to consumers, and provide written explanations. If it may endanger the personal safety of users and the growth safety of crops, warning signs shall be set up in a prominent position on the packaging or articles, and the emergency rescue methods shall be informed when the harm occurs.

Operators of agricultural means of production may not sell fake and shoddy agricultural means of production, may not use false advertisements to trick consumers into buying agricultural means of production, may not ask consumers to buy agricultural means of production under unreasonable conditions, and may not violate after-sales service commitments.

Operators selling seeds, seedlings, fertilizers, pesticides, veterinary drugs, feed, breeding livestock and poultry, agricultural machinery and other agricultural means of production, due to quality problems, resulting in reduced production, crop failure, death of livestock and poultry or other serious consequences, operators shall compensate for direct losses and losses of available benefits.

Chapter III Consumer Rights Protection Organizations

Thirty-fifth autonomous regions, cities and counties (districts) consumer rights protection committees will protect the legitimate rights and interests of consumers according to law.

The government at or above the county level shall support the Consumer Protection Committee to perform its statutory duties, provide personnel suitable for performing its statutory duties, and include the required funds in the fiscal budget.

Article 36 The Consumer Protection Committee will perform the functions and the following duties of the consumer association as stipulated in Article 32 of the Consumer Protection Law of People's Republic of China (PRC):

(a) to publicize the laws and regulations protecting the legitimate rights and interests of consumers and carry out consumer knowledge education;

(two) to investigate, compare, analyze and comment on the quality, price, after-sales service and consumer opinions of goods and services, and reflect them to relevant departments when necessary;

(three) to put forward suggestions to protect the legitimate rights and interests of consumers to the relevant trade associations and operators, and to reflect and inquire about the acts that harm the legitimate rights and interests of consumers to the relevant trade associations;

(four) found that there are serious defects in goods or services, put forward rectification suggestions to the operators, and report to the relevant administrative departments;

(five) to support consumers to apply for arbitration or bring a lawsuit against acts that harm consumers' legitimate rights and interests, and to represent an unspecified majority of consumers to bring a lawsuit against acts that harm consumers' rights and interests;

(six) mediation of consumer disputes;

(seven) through the mass media, the disclosure of complaint information, the release of consumer warnings.

The Consumer Protection Committee may set up complaint points in towns, streets, shopping malls, commodity trading markets and other places where consumers are concentrated according to needs.

Article 37 The Consumer Rights Protection Committee shall strengthen service awareness, standardize its own behavior, and shall not engage in commodity business or profit-making services, and shall not recommend commodities and services to the society for profit.

Chapter IV Settlement of Consumer Disputes

Thirty-eighth consumers and business operators to resolve consumer disputes through mediation shall not violate the provisions of laws and regulations, and shall not harm the public interests and the legitimate rights and interests of others.

Article 39 If a consumer requests the Consumer Protection Committee to mediate a consumer dispute, the Consumer Protection Committee shall decide whether to accept it within five days from the date of receiving the mediation request. If it does not fall within the scope of its functions, it shall inform consumers of the reasons for not accepting it.

After the Consumer Protection Committee decides to accept the case, it shall conduct investigation and mediation within 30 days. If an agreement is reached through mediation, the Consumer Protection Committee may make a mediation agreement according to the requirements of both parties to the dispute; If mediation fails, the parties concerned shall be informed of other solutions.

Fortieth, regarding the same consumption dispute, if a consumer complains to two or more administrative departments with jurisdiction, the administrative department that first accepts the complaint shall accept it.

If the administrative department accepting the complaint needs the cooperation of other relevant administrative departments, the relevant administrative departments shall cooperate.

Article 41 When accepting consumer complaints, the administrative department may mediate at the request of the parties concerned.

The administrative department shall make a written reply to the consumer's complaint or the complaint referred by the Consumer Protection Committee and the written inquiry about the consumer's rights and interests within five days from the date of receiving the complaint or referring the complaint or inquiry.

Forty-second consumers can bring a lawsuit to the people's court in accordance with the law on consumption disputes.

Article 43 Where there is a dispute between consumers and business operators over the quality of goods or services and it is necessary to conduct testing and appraisal, the testing and appraisal can be conducted by a legally qualified testing and appraisal institution agreed by both parties or entrusted by the consumer dispute acceptance department. The cost of testing and appraisal shall be paid in advance by the applicant for testing and appraisal, and finally borne by both parties in proportion to their responsibilities.

For commodities or services that are difficult to be detected and identified by testing and identification institutions, business operators shall provide evidence to prove that they have no fault, and if they cannot provide no-fault evidence, they shall bear the responsibility.

Forty-fourth consumer disputes involve public services and the personal and property safety of consumers. If the operator cannot prove his innocence, the operator shall bear the responsibility.

Chapter V Legal Liability

Article 45 Where an operator commits any of the following acts 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 the increased compensation shall be twice the price of the goods purchased by consumers or the cost of receiving services:

(1) selling adulterated, counterfeit and shoddy goods, or passing unqualified goods off as qualified goods;

(two) the sale of obsolete or expired, invalid or deteriorated goods;

(three) the sale of goods that infringe upon the registered trademark rights of others;

(four) the sale of counterfeit or fraudulent use of origin, enterprise name and address of goods;

(five) the sale of counterfeit or fraudulent use of certification marks, brand-name marks and other quality marks of goods;

(six) the sale of "defective products", "defective products" and other commodities without explanation or falsely claimed to be genuine;

(seven) the goods sold should be inspected and quarantined without inspection and quarantine, or the documents certifying the inspection and quarantine results of the goods are forged;

(eight) the use of false or other improper means, so that the supply of goods is in short supply;

(nine) using false or other improper means to make the measurement of services provided untrue;

(ten) increase the price of goods or services, charge fees that are not marked or have no legal basis, or commit other price fraud;

(eleven) to provide goods or services in the form of false advertisements, descriptions, standards, samples and demonstrations. ;

(twelve) the use of fake and shoddy goods, shoddy service;

(13) Other fraudulent acts.

Business operators who can prove that they are innocent of the acts listed in items 2, 3, 4 and 5 of the preceding paragraph may be exempted from the corresponding liability for compensation.

After making compensation to consumers in accordance with the provisions of the first paragraph of this article, business operators shall not be exempted from other responsibilities that they shall bear in accordance with the provisions of laws and regulations.

Forty-sixth operators have one of the following acts, and if there are provisions on punishment organs and penalties in laws and regulations, they shall be punished in accordance with the corresponding provisions; If there are no provisions in laws and regulations on punishment organs and punishments, the administrative department for industry and commerce shall order it to make corrections, and may, according to the circumstances, impose a warning or confiscate the illegal income, and impose a fine of more than/kloc-0 and less than 5 times the illegal income; If there is no illegal income, a fine of 6.5438+0 million yuan shall be imposed:

(1) Deliberately delaying or unreasonably refusing consumers' requests for exchange and return of goods;

(2) Providing self-selected commodities or services without indicating the type, quantity and charging standard of the commodities or services;

(3) When providing goods or services, forcing consumers to provide personal information unrelated to consumption, or disclosing the personal information of consumers to a third party without the consent of consumers;

(four) failing to take corresponding protective measures and set up obvious warning signs for places or business projects that may endanger personal and property safety;

(5) Failing to take recall measures for commodities with serious defects;

(six) medical institutions do not charge medical expenses according to regulations, and use expensive drugs or special devices without the consent of patients or their families;

(seven) the sales of commercial housing operators have the acts listed in article twenty-second of these regulations;

(eight) the public service industry and other operators with monopolistic behavior do not meet the norms listed in Article 24 of these regulations;

(nine) the tourism service operators arbitrarily change the contract and arbitrarily reduce the items or standards;

(ten) intermediary operators exceed the standard to charge fees to consumers, provide false information or conduct intermediary activities by other fraudulent means;

(eleven) repair operators steal or replace parts that do not need to be replaced, falsely list repair items or falsely replace parts;

(twelve) the operators of non-academic training and education services have violated the legitimate rights and interests of consumers as listed in Article 33 of these regulations;

(thirteen) operators of agricultural means of production, in violation of the provisions of article thirty-fourth.

Article 47 Where an operator infringes upon the legitimate rights and interests of consumers by insulting, slandering, searching or restricting personal freedom, he shall stop the infringement, restore his reputation, eliminate the influence and make an apology; If losses are caused to consumers, corresponding compensation shall be given; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 48 Any functionary of a state organ who neglects his duty, abuses his power, engages in malpractices for selfish ends or shields the operators from infringing on the legitimate rights and interests of consumers shall be given administrative sanctions by his unit or the competent department at a higher level according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 49 If the staff of the Consumer Protection Committee fails to perform their duties, or favors or shields operators who infringe upon the legitimate rights and interests of consumers, the Consumer Protection Committee to which they belong will handle it in accordance with the articles of association and relevant regulations.

Chapter VI Supplementary Provisions

The fiftieth of this Ordinance since June 6, 2007.

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