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

canceling the purchase contracts within 7 days from the date on receiving the commodities. The consumers need not to bear any fees except they damage the commodities.

　　The consumers accepting the mail orders have rights to cancel the purchase contracts if they haven’t received the commodities within 90 days from the date on remit the payment.

　　Article 21 The real estate operators shall strictly implement the laws, regulations and rules of the State and Special Zone relevant to the real estate development and management. They shall not mislead the consumers by false selling propaganda, shall not deliver the commercial housing that has not been checked and accepted for use, and shall not refuse to perform the duties of management, maintenance and upkeep stipulated in the laws, regulations and rules or agreed in the contracts.

　　The operators engaging in advance sale of real estate shall indicate the standard unit floorage and contributed public areas of the house in the real estate purchase contract. After the houses have been completed, the areas shall accord with each content of the real estate purchase contracts, otherwise the consumers have rights to cancel the contracts or require to refund the over charged prices for the houses sold in advance.

　　The sale description of the house issued by the operators shall include the tables of the unit floorage and contributed public areas as well as the layout charts; The advance sale advertisements of the real estate shall include the houses’ sites, architectural structures, completing and delivering times and prices, etc.

　　Chapter Ⅲ Consumers’ Organizations

　　Article 22 The consumers’ committees shall perform the following functions and powers, besides those stipulated in Article 32 of the law on the protection of the rights and interests of consumers:

　　(1) to investigate, compare, test and analyze the quality, price, after-sale service of the commodities and the opinions of consumers, and public the outcomes;

　　(2) to require the operators to take necessary measures to protect the rights and interests of consumers

, and supervise relevant trade organizations in drafting the contents of the form contracts;

　　(3) other functions and powers stipulated in laws and regulations.

　　Article 23 For the matters about the protection of consumers’ rights and interests, the consumers’ committees and other consumers’ organizations may supervise the public services, enterprises and other monopolistic operators.

　　Article 24 The consumers’ committees and other consumers’ organizations shall not undertake commodity operation and commercial service, and shall not recommend commodities and services to the society with the aim of seeking profits.

　　The operators shall not adduce the contents of the reports on investigation, test, comparison and analysis issued by the consumers’ committees in the commercial advertising.

　　Chapter Ⅳ Settlements of Disputes

　　Article 25 If the consumers have disputes on their rights and interests with the operators, they may settle them through the following ways:

　　(1) to consult and reconcile with the operators;

　　(2) to apply for conciliation to the consumers’ committees;

　　(3) to appeal to relevant administrative departments;

　　(4) to apply for arbitration to the arbitral agencies according to the arbitral agreements concluded with the operators or file lawsuits to people’s courts.

　　Article 26 If the consumers complain to the consumers’ committees when they have disputes on their rights and interests with the operators, the consumers’ committees shall make decisions of accepting or not accepting within 7 days from receipt of the complaint.

　　The consumers’ committees shall begin to investigate and conciliate within 7 days from the date on accepting the complaint.

　　If the operators and consumers reached reconciliation agreements through conciliation, both parties shall implement the agreements.

　　Article 27 If the consumers appeal to relevant administrative departments, relevant administrative departments shall make decisions of accepting or not accepting within 7 days from the date on receiving the appeal.

　　After accepting the appeals, relevant administrative departments shall begin to investigate and deal with them within 7 days from the date on issuing the notices of acceptance and make settlement decisions within 30 days. In special circumstances, with an approval of the chief administrative officers of relevant administrative departments, the periods may be extended, but the time extended shall not exceed 30 days.

　　For the complaints that the consumers’ committees have received, relevant administrative departments shall give answers within 15 days from the date on receiving the complaint, and notice the consumers’ committees in writing.

　　Article 28 If the consumers apply for arbitration to arbitral agencies according to the arbitral agreements agreed with the operators, the arbitral agencies shall make awards timely. The consumers and operators shall implement the awards. If one party fails to implement delinquently, the other party may apply for coercive execution to the people’s court that has jurisdiction.

　　Article 29 If the consumers and operators have disputes on the qualities of commodities, they can send them to the statutory testing centers for test. The test and appraisal fees shall be paid in advance by the operators and be born by the party responsible according to the outcomes of test and appraisal; If both parties have responsibilities, the fees shall be shared according to their separate responsibilities.

　　If it is difficult to test or appraise, the operators shall provide evidences to prove that they have no faults; If they cannot provide such evidences, they shall bear responsibilities.

　　Chapter Ⅴ Legal Responsibilities

　　Article 30 If the commodities or services provided by the operators damage the consumers’ rights and interest

s, the operators shall bear civil responsibilities according to the law on the protection of the rights and interests of consumers and other relevant laws and regulations as well as the provisions of these measures.

　　Article 31 If the operators violate the provisions of Article 15 of these measures and cause damages to the consumers’ personal health, they shall take the responsibilities of compensation.

　　Article 32 If the operators violate the provisions of Article 18 of these measures and cause losses to the consumers, the operators shall compensate according to the value, new or old degree and loss degree of the clothing.

　　Article 33 If the operators violate the provisions of Articles 17 and 19 of these measures to provide services, they shall rework or refund the service fees according to consumers’ requirements; If the operators cause losses to the consumers, they shall compensate the losses of the consumers.

　　Article 34 If the operators violate the provisions of these measures to cheat the consumers with false or illicit means and have one of the following behaviors, they shall increase the compensation for the consumers’ losses according to the consumers’ requirements except bearing civil responsibilities stipulated in relevant laws and regulations to the consumers. The amount of the increased compensation is one time of the prices for the consumers to purchase commodities or the total fees for the consumers to accept services:

　　(1) to sell the mingled or adulterated commodities, the fake commodities passed for genuine, the seconds sold at best quality prices, and the commodities with short weights;

　　(2) to sell commodities by means of fraudulent declarations of prices;

　　(3) to intentionally damage the installation kits of the repaired commodities or replace the installation kits that need not replacing;

　　(4) to sell commodities with false descriptions of commodities, false standards of commodities, false entities and samples as well as false spot demonstrations and descriptions, etc;

　　(5) to fail to sell commodities with the operators’ true names and labels;

　　(6) to conduct deceptive sale induces;

　　(7) to conduct false propagandas on commodities through broadcast, television, newspapers or periodicals and other mass media;

　　(8) to cheat the consumers out of their advance payments;

　　(9) to cheat the consumers with other false or illicit means.

　　If the cheating behaviors are conducted by the manufacturers or other operators, the sellers shall compensate the consumers in advance; After compensation, the sellers may recover the losses according to law from the manufacturers or other operators who have conducted the cheating behaviors.

　　Article 35 If the operators violate the provisions of these measures to provide commodities or services and cause the personal injury, disability and death of the consumers or other victims (hereinafter collectively called victims), the operators shall pay the expenses according to the following standards:

　　(1) the medical expense, which is calculated according to the necessary expense for the victim to accept the therapy;

　　(2) the nursing fee during the therapeutic period, which is calculated according to the expense needed to hire the local nursing personnel based on the nursing necessity of the victim during the therapeutic period;

　　(3) the loss of incomes for absence from work, which is calculated according to the actual incomes that the victim loses for absence from work; If the incomes lost are difficult to calculat

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