Operators' Obligations to Protect Consumer Rights: Analysis of Specific Duties

Compiled on: May 31, 2026 ---

I. Protecting the Right to Know

Operators shall:

• Provide consumers with truthful and comprehensive information about the quality, performance, purpose, and shelf life of goods/services
• Not engage in false or misleading advertising
• Provide truthful and clear answers to consumers' inquiries regarding the quality and usage of goods/services
• Clearly mark prices, including the product name, place of origin, specifications, grade, unit of measurement, price, etc.
• Food operators shall clearly indicate the name, production date, shelf life, ingredients, and producer of the food ## II. Protecting the Right to Safety Operators shall:
• Ensure that the goods/services they provide meet the requirements for protecting personal and property safety
• Provide truthful explanations and clear warnings to consumers regarding goods/services that may endanger personal or property safety
• If a serious defect is found in goods/services, immediately report to the relevant administrative department, inform consumers, and take measures such as stopping sales, issuing warnings, recalling, rendering harmless, destroying, or ceasing production or service
• Operators shall bear the necessary expenses incurred by consumers due to product recalls ## III. Protecting the Right to Fair Trade Operators shall not:
• Set unfair or unreasonable transaction conditions
• Force transactions (compel consumers to purchase goods or accept services)
• Use standard terms (such as store notices, announcements, statements, etc.) to exclude or limit consumer rights, reduce or exempt operator responsibilities, or increase consumer responsibilities in a way that is unfair to consumers
• Standard terms containing the above content are void ## IV. Protecting the Right to Free Choice Operators shall not:
• Force tie-in sales of goods or services
• Force or covertly force consumers to make purchases
• Restrict consumers from choosing goods/services from other operators ## V. Obligations for Personal Information Protection Operators shall:
• Collect and use consumers' personal information in accordance with the principles of legality, legitimacy, and necessity
• Clearly state the purpose, method, and scope of information collection and use
• Obtain consumers' consent
• Not violate laws, regulations, or agreements between the parties
• Not disclose, sell, or illegally provide to others
• Adopt technical measures to ensure information security ## VI. After-Sales Obligations Operators shall:
• Undertake the responsibility of repair, replacement, and refund (three guarantees) in accordance with national regulations or agreements with consumers
• Not deliberately delay or unreasonably refuse consumers' legitimate requests
• If the goods/services provided by the operator do not meet quality requirements, consumers may request returns, replacements, or repairs --- ## VII. High-Frequency Confusion Analysis ### Analysis 1: "False Advertising" vs. "Misleading Advertising" | | False Advertising | Misleading Advertising | |---|---------|--------------| | Difference | Content is completely false | Content may be true, but the presentation is misleading | | Example | "This product is patented" (but it's not) | "Everything in the store is 90% off" (but only one item is) | | Commonality | Both violate consumers' right to know and are illegal acts | ### Analysis 2: Standard Terms vs. Ordinary Contract Terms | | Standard Terms | Ordinary Terms | |---|---------|---------| | Definition | Terms pre-drafted by the operator without negotiation | Terms negotiated between parties | | Validity Rule | Terms that exclude/limit consumer rights are void | Generally valid | | Typical Example | "No returns or exchanges after sale" "Final interpretation right belongs to the store" | Both parties verbally agree on delivery time | ⚠️ High-frequency exam point: "Final interpretation right belongs to the store" → Standard term, void! It excludes consumer rights ### Analysis 3: Recall vs. Return | | Recall | Return | |---|------|------| | Trigger Condition | Goods have a serious defect that endangers safety | Goods do not meet quality requirements | | Who Initiates | Operator voluntarily recalls (or ordered by administrative department) | Consumer voluntarily requests | | Scope | All goods of the same batch | Goods purchased by the individual consumer | | Cost | Operator bears the necessary expenses of the recall | Operator bears the return shipping cost | ### Analysis 4: False Advertising · Joint Liability
• Operator publishes false advertising → Violates the right to know, bears compensation liability
• Advertising operator, publisher cannot provide the operator's true information → Bears joint liability
• False advertising for goods/services related to consumer life and health → Endorsers bear joint liability ⚠️ Distinction: Endorsers of false advertising for general goods are not liable; for life and health-related goods/services, endorsers of false advertising bear joint liability ### Analysis 5: "Goods in Good Condition" for 7-Day No-Reason Returns Online
• "Goods in good condition" means the goods themselves are intact, not affecting secondary sales
• Consumers opening the packaging to inspect the goods is not considered as the goods not being in good condition
• However, if the goods have been used and their value has significantly diminished, returns may be refused --- ## VIII. Answer Template Subjective question type: "Has the operator violated obligations?"
  1. State the specific obligation the operator should fulfill
  2. Explain what the operator did (refer to the material)
  3. Determine whether it is a violation → What consumer right has been infringed
  4. Legal consequences (compensation/penalty/void standard terms, etc.)
  5. Ways for consumers to protect their rights