Consumer Rights
1. Returns
The return model of cross-border e-commerce bonded goods, the operating procedures for returning cross-border bonded warehouses, and the authenticity of valuable goods have always troubled e-commerce platforms. The second is the logistics cost and reverse process of overseas direct mail product returns. In fact, many cross-border import e-commerce companies still need to improve their implementation of 7-day unconditional returns and exchanges. Articles 58 to 63 and 85 of the E-Commerce Law all involve consumer rights protection, and the measures are relatively comprehensive, such as service quality guarantee, advance payment, and online resolution of platform disputes.
2. Logistics Responsibility
Article 20 of the E-Commerce Law stipulates: “E-commerce operators shall deliver goods or services to consumers in the manner and time limit promised or agreed with consumers, and bear the risks and responsibilities in the transportation of goods. However, this does not apply to consumers who choose express logistics service providers separately.” Accordingly, the logistics responsibility is clear, and the transportation risks such as logistics damage and express loss will be borne by the seller.
3. Invoices
Article 14 of the E-Commerce Law stipulates: “E-commerce operators shall issue paper invoices or electronic invoices and other purchase receipts or service documents in accordance with the law when selling goods or providing services. Electronic invoices have the same legal effect as paper invoices.”
4. Product quality
Article 38 of the E-Commerce Law stipulates: “If an e-commerce platform operator knows or should know that the goods sold or services provided by operators on the platform do not meet the requirements for ensuring personal and property safety, or have other acts that infringe on the legitimate rights and interests of consumers, and fails to take necessary measures, it shall bear joint and several liability with the operators on the platform in accordance with the law. For goods or services that affect the life and health of consumers, if the e-commerce platform operator fails to fulfill its obligation to review the qualifications of operators on the platform, or fails to fulfill its obligation to ensure safety for consumers, causing damage to consumers, it shall bear corresponding liability in accordance with the law.”
5. The platform’s obligation to make advance compensation to consumers
Article 58, paragraph 3 of the E-Commerce Law stipulates that the relevant provisions of the Consumer Protection Law of the People’s Republic of China shall apply to consumers’ requirements for e-commerce platform operators to bear advance compensation liability and the e-commerce platform’s recovery from platform operators after compensation.
Intellectual Property Protection
The E-Commerce Law stipulates the responsibility for intellectual property protection and clarifies the applicable law. The new law requires e-commerce platforms to take necessary measures such as deletion, blocking, disconnecting links, terminating transactions and services to protect the rights of intellectual property rights holders when they know or should know about the infringement, or after receiving the infringement notice from the intellectual property rights holder. Otherwise, they shall bear joint and several liability with the platform operators; and if the operators on the platform fail to take necessary measures in accordance with the law when they infringe intellectual property rights, they shall bear administrative liability of up to 2 million yuan in fines. The above-mentioned intellectual property protection mainly involves Articles 41 to 45 of the E-Commerce Law.