Edward M.

THE NATURE OF MY COMPLAINT:

Gearbest has been wholly ignoring my repeated attempts to cancel an order that has been "processing" for more than three weeks.

REPORT YOUR CASE TO:

I would encourage anyone frustrated with Gearbest's misconduct to lodge a complaint with one or more of the following agencies:

Shenzhen Bureau of Trade & Industry
www.szbti.gov.cn

Shenzhen Industrial and Commercial Administrative Management Bureau
www.szaic.gov.cn

Administrator of Local Taxation of Shenzhen Muncipality
www.szds.gov.cn

Shenzhen Customs
www.sz-customs.gov.cn

Shenzhen Foreign Affairs (Overseas Chinese Affairs) Office
www.szfao.gov.cn

Shenzhen Port Office
www.szka.gov.cn

Shenzhen Entry-Exit Inspection & Quarantine Bureau
www.szciq.gov.cn

Shenzhen General Chamber of Commerce
www.szgcc.cn

European Office Shenzhen
www.shenzhen-eo.de

North American Representative Office of Shenzhen
www.shenzhenoffice.org

TEMPLATE COMPLAINT:

[Describe nature of complaint, e.g., Gearbest's failure to refund money.]

Under Article 15 of China's 2013 Amended Consumer Protection Law, "[c]onsumers enjoy the right to conduct oversight over goods, services, and the efforts to protect consumer rights and interests." Additionally, "[c]onsumers have the right to report and make accusations on conduct infringing upon consumer rights and interests..."

According to Article 16, "[i]n providing goods or services to consumers, proprietors shall follow this Law and other applicable laws and regulations in fulfilling their obligations." Gearbest's conduct violates the following provisions of the Consumer Protection Law: Article 8 ("Consumers enjoy the right to know the true circumstances of goods they purchase or use, or services they receive."); Article 10 ("Consumers enjoy the right to fair transactions."); Article 14 ("When purchasing or using goods or receiving services, consumers enjoy the right to personal dignity..."); Article 20 ("Proprietors shall provide truthful and clear answers to questions from consumers regarding the quality and usage of their goods or services they provided."); Article 25 ("Where proprietors sell goods by means such as the Internet, television, telephone or by mail order, consumers have the right to return the goods within seven days of receipt and need not give a reason..."); Article 26 ("Proprietors must not, use standard agreements, notices, declarations, onsite posters, or other means, to eliminate or restrict consumer rights, to reduce or avoid the responsibilities of proprietors, to increase the responsibilities of consumers, or to make other such unreasonable and unfair rules against consumers, and must not use standardized agreements or technical assistance measures to compel consumers into a transaction."); Article 28 ("Proprietors using the Internet... shall provide consumers with information such as... the duration and manner of performance... [and] aftersales service..."); and Article 56(6) ("... goods and services [must not be] promoted in a false or misleading manner").

[Name of agency] is empowered by the Consumer Protection Law to "[a]ccept consumer complaints and investigate or mediate them" (Art. 37(5)); "[s]upport consumer victims of conduct harming consumer rights and interests in filing lawsuits or file a lawsuit in accordance with this Law" (Art. 37(7)); and "[u]se mass media to expose and criticize conduct harming consumers' lawful rights and interests" (Art. 37(8)).

The following forms of civil liability are warranted here in connection with Gearbest's misconduct: imposition of a fine of up to 500,000 yuan (Art. 56), and/or suspension or permanent revocation of Gearbest's business license (id).

Further, criminal liability may also be appropriate under Article 57.

Thank you for your attention to this matter.

Same problems as reported by many others: Gearbest has ignored my repeated requests to cancel an order that has been processing for more than three weeks.