关键词:
“仅退款”条款
电商平台
消费者权益保护
摘要:
随着电商平台的飞速发展,“仅退款”条款作为一种新兴的售后服务机制被各个平台广泛采用。该条款旨在保护消费者权益、简化退款流程,但在实践中却引发了诸多法律问题。本文从法学角度对“仅退款”条款进行了深入分析,探讨了其在合同和消费者权益保护方面的地位,并辨析了其与传统退货退款及惩罚性赔偿的区别。进一步分析了“仅退款”条款出现背后的法律原因,包括消费者保护价值取向、成本效益的司法考量以及电商平台治理的推动。同时,指出了“仅退款”条款在实践中面临的困境,如权利滥用风险、法律关系紊乱和对市场秩序的影响。最后,从规范完善、司法应对、平台治理优化和配套机制建设四个方面提出了破除困境的建议,以期为电商平台“仅退款”条款的合理运行提供理论支持和实践指导。With the rapid development of e-commerce platforms, the “refund only” clause has been widely adopted as an emerging after-sales service mechanism by various platforms. This clause aims to protect consumer rights and simplify the refund process, but in practice it has raised many legal issues. This article provides an in-depth analysis of the “refund only” clause from a legal perspective, exploring its position in contract and consumer rights protection, and distinguishing it from traditional returns, refunds, and punitive damages. Further analysis was conducted on the legal reasons behind the emergence of the “refund only” clause, including consumer protection values, judicial considerations of cost-effectiveness, and the promotion of e-commerce platform governance. At the same time, it pointed out the difficulties faced by the “refund only” clause in practice, such as the risk of abuse of rights, disorder of legal relationships, and its impact on market order. Finally, suggestions were put forward to overcome the difficulties from four aspects: standardization and improvement, judicial response, platform governance optimization, and supporting mechanism construction, in order to provide theoretical support and practical guidance for the reasonable operation of the “refund only” clause on e-commerce platforms.