Can a merchant refuse refunds and only offer exchanges for blind box items with defects?

“Blind box products are sold as non-refundable and non-exchangeable.” “Minor flaws are considered normal manufacturing issues.” … Are these so-called “industry rules” set by merchants causing you to suffer a “silent loss” when buying trendy toys?

A recent real-life consumer rights case provides an answer: consumers have the right to say “no.”

1. Case Review: Flawed Figurines Blocked by “Industry Rules”

A consumer bought a favorite blind box figurine at a mall. Excitedly, he opened it but found a noticeable defect on the figure’s head. He immediately returned to the store to request a replacement, but the replacement figurine also had the same flaw.

Consumer: “I’ve received defective items twice in a row. I don’t want it anymore. I want a refund.”

Merchant: “Sorry, that’s not possible. Our store rules clearly state: blind boxes are art collectibles, and minor imperfections like uneven coloring or light scratches are normal. We only promise to exchange items with serious defects like missing limbs or broken parts, not refunds.”

For a time, neither side backed down. So, are the merchant’s “industry rules” legal? How can consumers’ rights be protected?

2. Key Analysis: Are the Merchant’s “Industry Rules” Legal?

A mediator pointed out the core issue.

“Blind boxes” are not a “reason for exemption.” Merchants cannot use the unknown nature and special characteristics of blind boxes as an excuse to evade their basic quality responsibilities. Regardless of whether it’s a blind box, operators must ensure that products meet standard quality, performance, and purpose under normal conditions.

“Minor flaws” must still allow for basic usability. The fact that the consumer received defective items twice suggests a widespread quality problem in that batch, which affects the item’s normal viewing and collection value. It indicates the products do not meet the expected quality standards, infringing on the consumer’s legal rights.

After communication and mediation, the merchant recognized the issue, agreed to a full refund, and apologized to the consumer. The merchant also stated they will improve after-sales processes and staff training to prevent similar incidents.

3. Legal Basis: Why Must the Merchant Refund?

According to Article 23 of the Consumer Rights Protection Law of the People’s Republic of China:
“Operators shall ensure that the goods or services they provide have the quality, performance, purpose, and validity period required under normal use. If the operator indicates the quality of goods or services through advertising, product descriptions, physical samples, or other means, they shall ensure that the actual quality matches the indicated quality.”

In this case: The merchant’s internal rule of “no refunds or exchanges for minor flaws” cannot exempt their basic responsibility to guarantee product quality. The fact that the figurine repeatedly had defects shows its actual quality did not meet the explicit or implied standards, which conflicts with this law.

According to Article 40 of the Product Quality Law of the People’s Republic of China:
“If the sold product has any of the following conditions, the seller shall be responsible for repair, replacement, or return; and if the consumer suffers losses, the seller shall compensate:
(1) The product does not have the intended use performance without prior explanation;
(2) The product does not conform to the standards indicated on the product or its packaging;
(3) The product does not meet the quality conditions indicated through descriptions, physical samples, etc.”

In this case: The flawed blind box figurine affects its function as a “trend toy” suitable for collection and display. Therefore, the product falls under these legal provisions, and the merchant’s obligation to process a return (refund) is lawful.

4. Tips for Trend Toy Enthusiasts: Be Cautious Before Buying, Know Your Rights

Be cautious before purchasing. Carefully read the store’s after-sales rules. Before paying, review the policies, especially clauses like “final interpretation belongs to this store” or “no refunds or exchanges,” which are unilateral waivers of responsibility. Be highly alert—these clauses may lack legal validity.

Keep proof of purchase for your rights. Save all receipts, payment records, order screenshots. If defects are found, take clear photos or videos immediately. When communicating with customer service, keep full chat records. These are crucial evidence for your rights.

Communicate legally and maintain a rational attitude. When your rights are harmed, you can refer to the Consumer Rights Protection Law and Product Quality Law to explain the product issues and legally request repairs, replacements, or refunds.

The charm of trendy toys lies in surprises and collection fun. We hope every player can shop transparently and enjoy their collection happily!

Images generated by AI

【Source: Beijing Municipal Market Supervision Administration_Regulatory News】