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

Compiled on: May 31, 2026 ---

I. Ensuring 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
• Give truthful and clear answers to consumers' inquiries about 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. Ensuring 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 stopping production or service
• Operators shall bear the necessary expenses incurred by consumers due to product recalls ## III. Ensuring 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, increase consumer responsibilities, or otherwise treat consumers unfairly
• Standard terms containing the above content are void ## IV. Ensuring 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:
• When collecting and using consumers' personal information, follow 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 mutual agreements
• Not disclose, sell, or illegally provide to others
• Adopt technical measures to ensure information security ## VI. After-Sales Obligations Operators shall:
• Assume responsibility for 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 or services provided do not meet quality requirements, consumers may request returns, replacements, or repairs --- ## VII. High-Frequency Confusing Distinctions ### Distinction 1: "False Advertising" vs. "Misleading Advertising" | | False Advertising | Misleading Advertising | |---|---------|--------------| | Difference | Content is completely false | Content may be true, but the expression is misleading | | Example | "This product has a national patent" (it doesn't) | "Everything in the store is 90% off" (only one item is 90% off) | | Commonality | Both violate consumers' right to know and are illegal acts | ### Distinction 2: Standard Terms vs. Ordinary Contract Terms | | Standard Terms | Ordinary Terms | |---|---------|---------| | Definition | Terms pre-drafted by the operator without negotiation | Terms negotiated by both 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 test point: "Final interpretation right belongs to the store" → Standard term, void! It excludes consumer rights ### Distinction 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 costs of the recall | Operator bears the return shipping cost | ### Distinction 4: False Advertising · Joint Liability
• Operator publishes false advertising → Violates the right to know, bears compensation liability
• Advertising operator or publisher cannot provide the operator's real information → Bears joint liability
• False advertising for goods/services related to consumers' life and health → Endorser bears joint liability ⚠️ Distinction: Endorsers are not liable for false advertising of general goods; for life and health-related goods/services, endorsers of false advertising bear joint liability ### Distinction 5: "Goods Intact" for 7-Day No-Reason Returns for Online Purchases
• "Goods intact" means the goods themselves are intact, without affecting secondary sales
• Consumers opening the packaging to inspect the goods is not considered the goods being not intact
• However, if the goods have been used and their value has significantly diminished, returns may be refused --- ## VIII. Answer Template "Has the operator violated its obligations" type subjective questions:
  1. State the specific obligation the operator should fulfill
  2. Explain what the operator did (referencing the material)
  3. Determine whether it is a violation → what consumer right has been infringed
  4. Legal consequences (compensation/penalty/invalid standard terms, etc.)
  5. Ways for consumers to seek redress