According to Article 24 of the Law on the Protection of Consumers' Rights and Interests, if the goods or services provided by operators do not meet the quality requirements, consumers may return them in accordance with the provisions of the state and the agreement of the parties concerned, or require operators to fulfill the obligation of replacement and repair.
If there is no state regulation and agreement between the parties, consumers can return the goods within seven days from the date of receipt; After seven days, consumers who meet the statutory conditions for terminating the contract can return the goods in time. If it does not meet the statutory conditions for terminating the contract, it may require the operator to fulfill the obligations of replacement and repair.
Where 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 25 Where an operator sells goods by means of internet, television, telephone or mail order, consumers have the right to return the goods within seven days from the date of receipt, without giving reasons, except for the following goods: (1) goods ordered by consumers; (2) Fresh and perishable; (3) Digital commodities such as audio-visual products and computer software downloaded or unpacked by consumers online; (4) newspaper delivery.
In addition to the goods listed in the preceding paragraph, other goods that are not suitable for unreasonable return according to the nature of the goods and confirmed by consumers at the time of purchase.
The goods returned by consumers shall be in good condition.
The business operator shall refund the commodity price paid by the consumer within seven days from the date of receiving the return.
The return freight is borne by the consumer; Unless otherwise agreed between the operator and the consumer, such agreement shall prevail.
Article 52 Where a business operator provides goods or services, causing damage to consumers' property, it shall bear civil liabilities such as repairing, redoing, replacing, returning goods, making up the quantity of goods, returning the payment for goods and services or compensating for losses in accordance with the law or the agreement of the parties.
Article 54 Where a consumer requests a return of a commodity that has been identified as unqualified by the relevant administrative department according to law, the business operator shall be responsible for the return.
First, the plastic surgery in the beauty hospital failed and refused to refund. How to defend rights?
Cosmetic surgery failures occur from time to time. Refund disputes arising from cosmetic surgery failures belong to contract civil disputes, and the maintenance methods are as follows:
(1) reconciliation
Conciliation refers to the way that when a contract is in dispute, the two parties can negotiate again and reach an agreement on the disputed matters on the basis of respecting the interests of both parties, so as to solve the dispute.
(2) Mediation
Mediation refers to the settlement of contract disputes between the parties through persuasion and education under the auspices of a third party, and can apply for mediation to the people's mediation Committee where the parties to the dispute are located or where the dispute occurs.
(3) Arbitration
Arbitration refers to the way that both parties to a contract dispute submit the dispute to an arbitration organ for arbitration according to the arbitration agreement reached before or after the dispute occurs.
(4) Litigation
Litigation means that after a contract dispute occurs, if there is no arbitration agreement between the parties, either party can bring a civil lawsuit to the people's court and request the people's court to handle the contract dispute according to law.
It should also be noted that if the cosmetic failure causes a medical accident, the parties concerned may apply to the health administrative department for intervention according to the Regulations on Handling Medical Accidents.
Legal basis: People's Republic of China (PRC) Consumer Protection Law.
Article 48 A business operator who provides goods or services under any of the following circumstances shall bear civil liability in accordance with the provisions of other relevant laws and regulations, except as otherwise provided in this Law:
(a) The goods or services are defective;
(two) the goods do not have the performance that the goods should have and are not explained at the time of sale;
(three) does not meet the commodity standards indicated on the commodity or its packaging;
(four) does not meet the quality conditions indicated by commodity descriptions, physical samples, etc.;
(five) the production of goods explicitly eliminated by the state or the sale of invalid or deteriorated goods;
(six) the number of goods sold is insufficient;
(seven) the service content and expenses are in violation of the provisions;
(8) Deliberately delaying or unreasonably refusing consumers' requests for repair, rework, replacement, return of goods, replenishment of commodity quantity, refund of payment for goods and service fees or compensation for losses;
(nine) other circumstances that harm the rights and interests of consumers as stipulated by laws and regulations.
Business operators who fail to fulfill their obligations to protect consumers' safety and cause damage to consumers shall bear tort liability.
Article 53 Where a business operator provides goods or services in advance, it shall provide them as agreed. If it is not provided in accordance with the agreement, it shall fulfill the agreement or return the advance payment according to the requirements of consumers; And shall bear the interest of the advance payment and the reasonable expenses that the consumer must pay.