“Right of Revocation” in Online Shopping

Mr. Huang had to purchase sportswear for the company. Because the company’s logo is light yellow color, he ordered 50 sets of yellow sportswear. After received the sportswear, he found that the color was earth yellow, which was totally different from the color shown on the website, and it was definitely not the ideal color. He negotiated with the retailer on revoking the deal, however, the retailer claimed that there was no quality problem and the website had made a statement, which said that due to the light and camera’s function, the actual color might be different from the color shown on the website, so the deal should not be revoked. Mr. Huang filed a suit against the retailer, finally, the court deemed that there was no quality problem, and failed to support him.

This is one of the typical online shopping disputes before Law on Protection of Consumer Rights and Interests revised in Oct. 2013(“New Consumer Law”). According to Law on Protection of Consumer Rights and Interests promulgated in 1993(“Old Consumer Law”) and other relevant laws and regulations, the consumer can only require the retailer to return, replace or repair the commodities which shall fulfill 2 preconditions: ① the commodities shall belong to the scope stipulated in Provisions on the Liability for the Repair, Replacement and Return of Some Commodities; ② the commodities shall have quality problem.

With the prevalence of online shopping on internet, television and etc., the difference between the video images and the real commodities, the experience gap, such as difference of color, size tolerance, handle or selection, which bring more and more disputes on returning commodities.
In regard of this, “New Consumer Law” which will be come into force on Mar. 15, 2014, stipulates the “Right of Revocation” for consumers, which says consumers shall be entitled to return commodities ordered online, such as on internet, television, telephone, or by mail, within seven days of receipt and without giving reasons.

However, consumers shall pay attention to the following aspects when exercising “Right of Revocation”.

Firstly, the commodities shall be the object under “Right of Revocation” system. According to “New Consumer Law”, the commodities which shall not be returned without giving reasons are, ①custom-made commodities; ②fresh and perishable commodities; ③digital products sold via downloads, audio-visual goods with the packaging removed; ④delivered newspapers and periodicals; ⑤other commodities as are inappropriate to return, as decided by their natures and also confirmed by the consumers when purchasing.

Secondly, the precondition for “Right of Revocation” is that the commodities to be returned shall be in good condition. The authorities have to clarify the criteria for “good condition”, such as whether the original package, or mark and etc. are required.

Thirdly, the transportation expenses for return shall be borne by the consumers, unless otherwise agreed. In view of this, the consumers shall carefully confirm the relevant transaction articles in advance.

Fourthly, the consumers shall keep the evidence. The consumers shall use evidence to negotiate with the retailers, sue the retailers where the disputes cannot be solved through negotiation.

In addition, where the commodities as are inappropriate to return, as decided by their natures and also confirmed by the consumers when purchasing, based on the individual cases, the consumers can protect their rights by excising the consumer’s right to know, or claiming the false propaganda of the retailers.