Can I return second-hand goods online for seven days without any reason? (In terms of case)
2026-02-05
Last March, Ms. Qu from Chengdu, Sichuan spent 4500 yuan on a second-hand handbag at a store on a certain platform. During the transaction process, the customer service told Ms. Qu, "Due to the special nature of second-hand goods, we will not return or exchange them if they are confirmed to be genuine or fake after shipment." Ms. Qu replied, "Okay." Soon, Ms. Qu received the bag, but upon opening it, she found that some areas of the bag's straps were slightly different in color from others, which made her less satisfied with the product. She proposed to the store to exercise the seven day no reason return right in online shopping and request a refund. However, the store replied that they had previously informed Ms. Qu that they would not return or exchange bags sold for non genuine or counterfeit issues. Ms. Qu also agreed at the time, so they would not be refunded. Ms. Qu complained to the platform on the grounds of quality issues when communication was unsuccessful. After being rejected by the platform, Ms. Qu filed a lawsuit with the Guangzhou Internet Court, demanding to exercise the right to return goods for seven days without reason and refund the returned goods. According to the Consumer Rights Protection Law, there is a seven day no reason return policy for online shopping products. Except for the special goods listed by law, for online shopping products, the right to return without reason for seven days can only be excluded if they meet both the requirements of "the nature of the product is not suitable for return" and "confirmed by the consumer at the time of purchase". However, this case involves second-hand goods, which have a certain degree of uniqueness. Does it also apply to a seven day no reason return? The judge believes that the sale of second-hand goods should distinguish between two situations: "transfer of personal idle items" and "sale for profit". In the case of transferring personal idle items, the transaction is a sporadic and non operational disposal of items. Sellers and buyers are not legal operators and consumers, they are equal subjects and do not need to tilt protection towards one party. Therefore, according to the provisions of the Civil Code on contracts, only under the conditions of statutory termination and prior agreement can a claim for return and refund be made, and there is no seven day unconditional return right. On the other hand, in sales situations aimed at profit, sales behavior belongs to legal business behavior in nature. In the relationship between operators and consumers, consumer bias protection should be applied, and the agreements reached between the two parties should be reviewed in accordance with the provisions of the Consumer Rights Protection Law. In this case, the luggage store opened an online store specializing in the sale of second-hand luxury goods, which is a profit oriented operator and should protect the rights enjoyed by consumers in accordance with the law. In addition, from the nature of the product, there is no situation where the luggage is not suitable for return. After all, as a second-hand bag, even if returned, it will not greatly affect its subsequent sales. Therefore, the statutory seven day no reason return right cannot be excluded simply because the seller was informed of "no reason to return" at the time of sale. Based on the above, the court supports Ms. Qu's refund request. In recent years, the circulation of idle items has rapidly developed, ranging from vehicles, household appliances, and furniture to small items such as mobile phones, books, and toys. But chaos also frequently occurs on related trading platforms. In this regard, the judge reminds that more attention should be paid to relevant issues in second-hand commodity transactions. For example, before purchasing a product, it is important to have as much detailed information as possible about the product; Pay attention to the seller's past transaction history, reputation evaluation, etc., and evaluate the seller's reliability. In addition, the seven day no reason return policy is a legal right granted to consumers. Consumers should use it carefully and reasonably to avoid abuse and damage to the platform ecosystem. (New Society)
Edit:Chenjie Responsible editor:Linian
Source:people.com
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