China Consumers Association Clarifies Return Policies

China's Consumers Association (CCA) has issued new guidance for consumers regarding returns of online purchases. The association has clarified common questions about whether retailers can refuse a return if a product has been opened or if more than seven days have passed since the purchase.

The CCA emphasizes that the right to return depends on the reason for the return. If a consumer wishes to return a product without a specific reason (e.g., a change of mind), the seven-day cooling-off period for online purchases applies. However, if the product has a quality issue, the consumer has the right to demand a return, exchange, or repair even after the seven-day period. For quality problems, the return policy should follow contractual terms or statutory principles, with a minimum period of seven days. In cases of severe quality issues that prevent normal product use or require repeated repairs, the consumer may still be able to cancel the contract at a later stage.

The guidance also clarifies the concept of "no-questions-asked returns." This right primarily applies to distance selling, such as online, television, or mail-order purchases, where consumers have seven days to return a product without needing to provide a reason. Some brick-and-mortar stores also voluntarily offer similar services to enhance the customer experience.

Regarding opened packages, the CCA states that opening a product does not automatically invalidate the seven-day return policy for distance sales. An "intact product" means that the product is in its original condition, its functions are preserved, and all parts and labels are present. Opening the product packaging for inspection or to ascertain its quality and function does not affect its eligibility for return. Retailers cannot refuse a return solely on the basis that the package has been opened.

Certain products are excluded from the seven-day no-questions-asked return policy. These include custom-made goods, perishable items, downloaded digital products (like music or software once unsealed), and publications like newspapers and magazines. Additionally, products confirmed by the consumer at the time of purchase that, once unsealed, may affect personal safety or health, depreciate significantly after activation or trial use, or are close to their expiry date or are defective, may also be exceptions. Retailers should not expand these exceptions without valid reasons that would infringe upon consumers' legal rights.