深圳经济特区实施《中华人民共和国消费者权益保护法》办法（修正） Measures of Shenzhen Special Economic Zone on Implementing the Law o

(Originally adopted at the Twelfth Meeting of the Standing Committee of the Second Shenzhen Municipal People’s Congress on December 26, 1996, as revised in accordance with the Resolution on Revision of Articles 36 and 37 of Measures of Shenzhen Special Economic Zone on Implementing the Law of the People’s Republic of China on the Protection of the Rights and Interests of Consumers of the Nineteenth Meeting of the Standing Committee of the Second Shenzhen Municipal People’s Congress on December 17, 1997.)
颁布日期：19971217 　实施日期：19971217 　颁布单位：深圳市人大常委会

　　Chapter Ⅰ General Provisions

　　Article 1 In order to implement the law of the People’s Republic of China on the Protection of the Rights and Interests of Consumers (hereinafter referred to as “the law on the protection of the rights and interests of consumers”), practically protect the lawful rights and interests of consumers, these measures are formulated in accordance with the actual circumstances of Shenzhen Special Economic Zone (hereinafter referred to as Special Zone).

　　Article 2 “Consumers” referred to in these measures means the individuals and units that purchase or use the commodities or receive the services for personal consumption.

　　“Operators” referred to in these measures means the units and individuals that manufacture or sell the commodities or provide services for consumers.

　　Article 3 The Shenzhen Municipal People’s Government shall organize to implement these measures.

　　For the important matters involving the protection of the rights and interests of consumers, the municipal and district people’s government (hereinafter referred to as the municipal and district government) shall periodically convene conferences, organize, coordinate, supervise and urge relevant administrative departments to perfect the work of protecting the rights and interests of consumers.

　　Article 4 The administrative department of industry and commerce and other administrative departments of the municipal government shall exercise their functions and powers to protect the lawful rights and interests of consumers within the scope of their respective powers and duties according to laws, regulations and these measures.

　　Article 5 The consumers’ committees of Shenzhen Municipality and its districts (hereinafter referred to as the consumers’ committees) carry out the social supervision over the commodities and services.

　　The governments at all levels shall support the consumers’ committees to exercise functions and powers according to law. The funds used by the municipal or district governments to protect the rights and interests of consumers shall be brought into the financial budget respectively.

　　Article 6 The government shall encourage and support all the organizations and individuals to supervise the behaviors that damage the lawful rights and interests of consumers.

　　The mass medium shall reinforce the propaganda on the protection of the lawful rights and interests of consumers, and disclose as well as criticize the behaviors that damage the lawful rights and interests of consumers.

　　Chapter Ⅱ Rights of the Consumers and Obligations of the Operators

　　Article 7 The consumers shall enjoy all the rights stipulated in the law on the protection of the rights and interests of consumers and other relevant laws, regulations and these measures.

　　Article 8 When providing commodities or services, the operators shall perform the duties in accordance with the law on the protection of the rights and interests of consumers and other relevant laws, regulations and these measures.

　　Article 9 The operators shall observe the principles of fairness, voluntariness and good faith, and shall not have the following behaviors:

　　(1) forcing the consumers to purchase commodities or accept services with the means of violence, menace, etc.;

　　(

2) violating the consumers’ will to engage in tied sale or add other conditions to sale of commodities;

　　(3) failing to clearly indicate the business scope and service standard;

　　(4) other behaviors prohibited by laws and regulations.

　　Article 10 For the commodities that have been guaranteed for repair, replacement and refund (hereinafter referred to as guarantee of repair, replacement and refund) according to the provisions of the State or the agreements between the operators and consumers, the operators shall perform their duties according to provisions or agreements.

　　Article 11 If the commodities that are guaranteed for repair, replacement and refund don’t accord with the provisions or agreements on quality, the operators shall perform the following duties according to the consumers’ requirements:

　　(1) if the circumstances accord with the conditions of refund and the consumers require to refund, the operators shall refund and shall not charge any fees;

　　(2) if the operators fail to repair within the stipulated or agreed time limit, they shall provide the commodities of the same kind for the consumers to use in the repair period;

　　(3) The operators shall bear the freight, charge for loss of working time and other reasonable fees that happened to the consumers because of the repair, replacement and refund.

　　Article 12 For the commodities and services that are not guaranteed for repair, replacement and refund, if they don’t accord with the provisions or agreements on quality, the consumers have rights to require to repair, replace, refund and rework, as well as make up the deficiency of commodity amount and refund the payments for goods and services, and the operators shall satisfy the requirements according to the stipulated or agreed time limit.

　　“The stipulated or agreed time limit” referred to in the preceding paragraph means:

　　(1) the time limit stipulated in laws and regulations;

　　(2) the time limit agreed between the operators and consumers, but the time limits that the operators agree with the consumers in the form of standard contract , shop notice and so on shall not be less than 90 days;

　　(3) if the laws and regulations have no provisions and the operators have no agreements with the consumers, the time limit is 90 days;

　　(4) the period of validity marked in the commodities.

　　Article 13 For the commodities that accord with the conditions of refund and the consumers require to refund the commodity, if the prices have declined, the operators shall refund the payment at the original price, if the prices have gone up, the operators shall refund the payment at the new price except the laws and regulations stipulate or the parties agree others.

　　Article 14 When the operators provide commodities or services, if the actual charges are higher than the expressed prices, the consumers have rights to pay at the expressed prices.

　　Article 15 The operators engaging in service shall have the ground, techniques and equipments according to the stipulated conditions to protect the consumers’ personal health and safety.

　　Article 16 The operators engaging in repairing trades shall ensure the repair quality according to the agreements. The operators shall not substitute the components of the repaired commodities stealthily, shall not misreport the recruitment and the replaced components of the repaired commodities, and shall not collect repair expenses recklessly from the consumers.

　　The operators shall repair the commodities within the agreed periods. If the period is not agreed, the operators shall repair the commodities within 30 days. If the operators fail to repair the commodities within the agreed or stipulated period, they shall refund the repair expenses.

　　The repaired section of the repaired commodities shall be guaranteed for repair from the date when the re

paired commodities are delivered for use. The period of guarantee for repair is 90 days. If the commodities cannot be normally used because the repaired section breaks down within the periods of guarantee for repair, the original repair units shall be responsible for fee repair or refund the repair expenses. The period of re-guarantee for repair shall be extended correspondingly from the date when the commodities have been repaired.

　　Article 17 The operators engaging in processing industry shall ensure the quality of service according to the provisions, agreements or business practices, and shall not cheat in work and cut down materials, substitute the materials stealthily or misreport the recruitment and materials used.

　　Article 18 The operators engaging in laundering and dyeing trade shall ensure the quality of service. The operators shall take the responsibilities of compensation if they misoperate or inappropriately store, thus cause the damage, color contamination and dyeing, loss and other accidents to the clothing,

　　Article 19 The operators engaging in tourism shall go through relevant formalities on tourism for the consumers within the stipulated time limit, and shall not arbitrarily alter the agreed conditions of the tourist line, tourist scenery, board and lodging standard and so on, and shall not force or mislead the consumers to purchase commodities or accept other services.

　　Article 20 If the operators sell commodities through mail orders, they shall inform the consumers of the purchase conditions, titles, persons in charge and ground of business.

　　If the commodities received do not accord with the provisions on quality or the agreed conditions, the consumers accepting the mail orders may return the commodities or inform the operators in written of

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