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Alqadhi90
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Asked: 2025-05-09T10:10:18+08:00 In:

What should I do if the product I received online is damaged or not as described?

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What should I do if the product I received online is damaged or not as described?
product i received online is damaged
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    1. zlkzcmohmr
      Begginer
      Based on Chinese consumer protection laws and e-commerce practices, here’s a structured approach to addressing problems like damaged goods or description mismatches when shopping in China:

      1. Collect Evidence

      Document the Problem Thoroughly:
      • Take high-resolution photos/videos of defects (e.g., cracks, incorrect color/material) or discrepancies (e.g., missing parts, false specifications).
      • Retain all transaction records: order confirmation, payment receipts, tracking information, and chat histories with the seller (including timestamped messages).

      2. Initiate Direct Negotiation with the Seller

      Exercise Legal Rights Under China’s Consumer Law:
      • Under Article 24 of the Consumer Rights Protection Law, request a refund, replacement, or repair for quality-related issues. Sellers are legally obligated to address these within specified timelines.
      • For online purchases, unused goods qualify for a 7-day no-reason return (Article 25). However, damaged/misrepresented items can be returned at any time—this obligation overrides the 7-day window.Negotiation Tips:
      • Clearly state your demand (e.g., “I require a full refund due to the defective motor”).
      • Save screenshots of all communications as evidence for potential future disputes.

      3. Escalate to the E-Commerce Platform

      If the seller refuses to cooperate:
      • Use the platform’s official dispute resolution system (e.g., Taobao’s “申请售后 Apply for After-Sales Service” or JD.com’s arbitration process). Platforms often act as mediators and may enforce resolutions in favor of consumers for proven seller faults.
      • Upload a comprehensive evidence package: visual documentation, order details, and communication logs to strengthen your case.

      4. File Complaints with Regulatory Authorities

      For unresolved disputes:
      • National Consumer Hotline: Contact 12315 or submit a complaint via the 12315.cn portal, providing detailed evidence and transaction records.
      • Local Market Supervision Bureau: Visit in person to lodge formal complaints, especially for suspected counterfeit goods or fraudulent practices.

      5. Pursue Legal Remedies (If Necessary)

      Small Claims Litigation:
      • Under Article 55 of the Consumer Rights Protection Law, sue for triple damages (up to ¥500 minimum) in cases of fraudulent misrepresentation (e.g., selling counterfeits as genuine).
      • Arbitration/Litigation: Follow dispute resolution clauses in the seller’s terms of service—some platforms or sellers may require arbitration before litigation.

      Special Scenarios

      • Severe Misrepresentation/Fraud: If goods are significantly counterfeit or non-conforming (e.g., a luxury bag sold as authentic but proven fake), report the fraud to local police and claim double compensation under anti-fraud regulations.
      • Perishable/Health-Related Products: Damaged food, cosmetics, or medical items require immediate reporting to local food safety authorities in addition to standard complaint channels.

      Practical Tips for Effective Resolution

      • Timeliness: While the 7-day no-reason return window is strict, quality/warranty issues have no time limit—act promptly but know your rights extend beyond this period.
      • Shipping Costs: Sellers usually cover return shipping for defective items; clarify this during negotiations to avoid unexpected expenses.
      • Platform-Specific Policies: Some platforms (e.g., Pinduoduo) may offer partial refunds for minor issues without requiring returns—check platform guidelines for streamlined options.
      For high-value purchases or complex disputes, consult a local consumer association or legal professional. Maintaining a detailed record of all steps (evidence, communications, and actions taken) will significantly strengthen your position in any resolution process.