Article 1 In order to regulate book transactions, maintain the order of the book market and protect the legitimate rights and interests of consumers, suppliers and distributors, these Rules are formulated in accordance with the General Principles of the Civil Law of People's Republic of China (PRC), the Contract Law of People's Republic of China (PRC), the Anti-Unfair Competition Law of People's Republic of China (PRC), the Regulations on the Administration of Publishing and the Regulations on the Administration of Publishing Market.
Article 2 All suppliers and distributors engaged in book trading activities within the territory of People's Republic of China (PRC) shall abide by these rules.
Article 3 In book trading, suppliers and distributors shall strictly implement the system of Power of Attorney for Subscription and Distribution of Books and periodicals, and encourage the use of the text of the Publication Supply and Marketing Cooperation Agreement recommended by the administrative department of press and publication.
When establishing business relationship, suppliers and suppliers must sign a legally binding written agreement, clearly stipulating the ordering method, delivery discount, delivery method, receiving and inspection requirements, purchase and sale form, sales shelf life, return ratio, settlement method and time, liability for breach of contract, etc., and conduct fair, honest and trustworthy book trading activities in strict accordance with the agreement to create a good market environment.
Article 4 These Rules are self-discipline rules of the industry, which are based on the industry, face the society, accept the supervision of the industry and society, encourage, support and protect all sectors of society, media and individuals in the industry, and supervise and report violations of these Rules.
Article 5 Suppliers and distributors engaged in book trading activities must abide by the law, and may not engage in books prohibited from entering the market by the state, or participate in illegal activities such as piracy and piracy.
Article 6 Standardizing the book trading behavior is the need to improve the socialist market economic system and standardize the book market economic order. We should vigorously curb all kinds of violations of law and discipline in the book trading process, crack down on dishonesty, protect the rights and interests of all parties to the transaction, improve the external environment, promote competition and innovation, maintain the normal order of the book market, and promote the stability and development of the book market.
Chapter II Ordering
Article 7 Distributors at all levels shall place orders with suppliers with business license qualifications, and shall not place orders with retail enterprises and individuals or enterprises and individuals without legal license.
Article 8 A supplier may directly establish an ordering business relationship with an independent distributor with book business qualifications, but shall review the distributor's publishing business license and industrial and commercial business license, and shall not accept orders from distributors without book business qualifications.
Article 9 A distributor shall place an order with a supplier in written form, by telephone or online, and sign an agreement after confirmation by the supplier. Once the order is confirmed, it shall not be cancelled without the consent of the supplier. If this causes economic losses to the supplier, the distributor shall compensate the supplier according to the contract.
Chapter III Supply
Article 10 For the order confirmed by the agreement, the supplier has to supply, short supply or delay the supply according to the agreed time without the consent of the distributor. If this causes economic losses to the distributor, the supplier shall compensate according to the contract.
Article 11 Suppliers shall set reasonable prices in accordance with the principles of fairness, legality, honesty and credibility, and establish a reasonable supplier discount system. Books shall not be distributed to retail enterprises, online bookstores, non-profit organizations and individuals at a discount lower than that of general distribution enterprises and wholesale enterprises.
Article 12 When suppliers supply to chain-operated group enterprises, they only have business relations with their headquarters procurement agencies; Under the premise of unified purchase settlement by the chain store headquarters, the supplier can directly supply the goods to its subordinate chain distribution stores according to the invoices provided by the chain store headquarters, as agreed by both parties; In the area where exclusive distribution has been established, it is not allowed to supply to other dealers in the determined area.
Article 13 When delivering goods to distributors, suppliers must pack them according to the ex-factory packaging and industry standard packaging styles, and indicate the receiving enterprise, consignee, address, postal code and contact telephone number. The variety, title, quantity, pricing, discount, origin, code and supplier of the books in the delivery list must be complete, and the list of documents must be attached to the package. The package with the list should be marked with "List Attached".
Article 14 The supplier shall provide the distributor with information and data on the publication of new books in advance, and the pricing of new books shall not exceed 20% of the subscription evaluation, and the publication time shall not exceed six months.
Chapter IV Receiving and Inspection
Article 15 A distributor shall not refuse the normal supply of suppliers without reason. Shipments that have not been confirmed by dealers, shipments that cannot be inspected due to non-factory packaging and industry standards, and expired books that are shoddy, mixed with old and new versions and have passed the market are all delivered as new books, except for books that are seriously stained during delivery and transportation.
Article 16 After receiving the goods, the distributor shall timely inspect the goods. If errors are found, they shall be notified to the supplier within one week after receipt, and both parties shall confirm the correction; If you find quality problems in book printing, you should contact the supplier in time and deal with them accordingly.
Seventeenth dealers found that the goods were lost in the process of transportation and transportation, and should be responsible for inquiring the supplier; If the cause of the loss cannot be found out, the supplier shall bear the loss.
Chapter V Return of Goods
Article 18 The supplier shall accept the normal return of goods from the distributor according to the ordering agreement between the two parties. Except for the return of defaced books due to the distributor's own reasons, books of the same edition provided by non-suppliers, and books of the same edition and variety with supplements. When the dealer returns the goods, it should be handled according to the same delivery and packaging standards. If the goods are lost, the dealer shall be responsible for the inquiry. If the cause of the loss cannot be found out, the loss shall be borne by the dealer.
Nineteenth if there is no mismatch, expiration, book quality and other issues. In principle, exclusive books are not refundable, unless agreed by both parties.
Chapter VI Promotion
Twentieth to carry out promotional activities, we must abide by national laws and regulations, save relevant information about the approved price of promotional activities, and consciously accept supervision and inspection. Promotional activities shall be truthfully publicized, and the principles of openness, fairness, honesty and trustworthiness shall be followed, and no false information shall be hyped.
Twenty-first to promote sales promotion activities that can make consumers get practical benefits. Encourage suppliers and distributors to actively explore emerging sales models such as the Internet and book clubs, but not to dump new books at low prices, and not to engage in any form of low-price (lower than the normal publication cost price of books) competition and bidding.
Twenty-second new books published within one year (subject to the publication time of copyright pages) must be sold at the price indicated in the book when entering the retail market, and no discount is allowed. Among them, the first publication date is the starting date of reprinting books, and the second publication date is the starting date of reprinting books.
Article 23 Under the following special circumstances, the issuer may carry out preferential sales promotion, but the preferential price shall not be lower than 85% of the pricing of the copyright page:
(a) when the organs and organizations use competitive bidding to purchase;
(two) online bookstore or membership sales;
(3) National book fairs, ordering fairs and exhibitions approved by the General Administration of Press and Publication, and local or professional book ordering fairs and exhibitions registered by the press and publication bureaus of provinces, autonomous regions and municipalities directly under the Central Government;
(four) during the national holidays and major activities organized by the administrative department of press and publication.
Chapter VII Settlement
Twenty-fourth suppliers and distributors should abide by the contract and settle the payment on time. Generally, the settlement period shall not exceed 180 days after receipt, and 90 days after issuance of VAT invoice. At the time of settlement, both parties shall not arbitrarily change the discount agreed in the contract.
Article 25 At the time of settlement, the supplier shall provide a legal invoice and a settlement list stamped with the official seal. Otherwise, the dealer can refuse to pay the purchase price.
Chapter VIII Supervision
Article 26 For suppliers and distributors who consciously and strictly abide by these rules, the Association will publicize them in the industry, recommend them to participate in various awards activities, give priority to participating in various platforms built by the Association, and reward outstanding enterprises.
For suppliers and distributors who violate these rules, the following measures will be taken according to the situation:
(a) ordered to stop the illegal act, and eliminate the impact;
(two) to claim compensation for the losses caused to the relevant enterprises and consumers by their illegal acts;
(3) informed criticism of the publishing industry;
(four) exposure on social media, and recorded in the integrity file;
(5) If the violation is serious, the administrative department of press and publication shall be requested to cancel the qualification of evaluation, award and preferential policies, and if necessary, the suppliers and distributors shall be advised to reduce or suspend business contacts.
(six) for suppliers and distributors who refuse to change their minds after repeated admonitions and whose circumstances are serious, it is suggested that the administrative department of press and publication should suspend the annual inspection or refuse it.
Twenty-seventh China Publishers Association, China Book Distribution Industry Association and China Xinhua Bookstore Association jointly set up a consultation and verification institution for book fair trade rules, and its responsibilities are as follows:
(a) to accept the guidance of the administrative department of press and publication and supervise the implementation of these rules;
(two) to establish credit files of book suppliers and distributors, accurately, timely and comprehensively record and reflect the credit status of suppliers and distributors, and guide suppliers and distributors to strengthen self-discipline and legal operation;
(three) responsible for accepting complaints and reports of illegal acts, and investigating and mediating complaints and reports;
(four) regularly publish the list of illegal enterprises and their dishonesty to the public;
(five) pay attention to the market, constantly study new situations and new problems, explore new self-discipline mechanisms, and provide decision-making basis for government administrative departments.
Chapter IX Supplementary Provisions
Article 28 The term "suppliers" as mentioned in these Provisions refers to book publishing units, book general distribution enterprises and book wholesale enterprises established with the approval of the administrative department of press and publication; Distributors refer to general book distribution enterprises, book wholesale enterprises, book wholesale and retail enterprises, book import and export enterprises, book retail enterprises, readers' clubs and online bookstores established with the approval of the administrative department of press and publication.
Article 29 These Rules shall be interpreted by China Publishing Association, China Book Distribution Industry Association and China Xinhua Bookstore Association.
Article 30 These Rules are self-discipline and restraint for suppliers and distributors engaged in book trading activities throughout the country, and shall be implemented as of the date of promulgation.