Four E-commerce Platforms Modify the Establishment Terms of Sale and Purchase Contracts            Source: Unknown author: admin release time: 2019-01-1011:36 clicks: 177            Four E-commerce Platforms Modify the Establishment Terms of Sale and Purchase Contracts            2019-01-09 16:00 Source: Chengdu Business Daily            Mobile phone sweep            Font size:            Wen | Chengdu Business Daily - Red Star News Internship Reporter Yang Peiwen            When is a Sales Contract Established            Before the Implementation of Electronic Commerce Law            Some e-commerce platforms formulate overlord clauses: consumer payment is to initiate an offer to the platform, until delivery, consumers and businesses do not establish a sales contract.            After the Implementation of Electronic Commerce Law            Article 49 stipulates that "an e-commerce operator shall not enter into a contract without stipulating in terms of format clauses, etc. that consumers pay the price." That is to say, after payment by consumers, the sales contract has been established.            According to the official Wechat of Beijing Consumer Association on Jan. 7, after the implementation of the Electronic Commerce Law, the Beijing Consumer Association conducted an investigation into the contract formation terms of 13 electronic commerce platforms according to law. Among them, Suning E-commerce Platform, Dangdang Net, Jumei Goods Platform and Honeybud Net did not amend the terms of the agreement in time before the implementation of the E-commerce Law.            Peking Consumption Association believes that the above four e-commerce platforms violate relevant regulations and infringe on the legitimate rights and interests of non-specific consumers. E-commerce platforms will be urged to amend relevant provisions to safeguard consumers'rights and interests.            Four E-commerce Platform Deposit Overlord Provisions            Before the E-Commerce Law was formally implemented, some e-commerce platforms often formulated overlord clauses in their contracts in order to exempt themselves from their responsibilities: that is to say, consumers'payment is to initiate an offer to the platform, and until delivery, they are not considered to establish a sales contract.            However, according to Article 49 of the Electronic Commerce Law, "Electronic Commerce Operators shall not agree on consumers'payment by means of format clauses and other means after the contract is not established." That is, "Electronic Commerce Law" confirms that after consumers pay the price, the sales contracts of the two have been established.            Accordingly, the Beijing Consumer Association conducted a survey on 13 e-commerce platforms, including Amazon, Jingdong, Suning Easy-to-buy, Honeybud, Dangdang, Merchandise Club, No. 1 Shop, Gome Online, Jumei, Jiuxian, Tianmao, Taobao and Pingduo.            Among them, most e-commerce platforms timely amended the relevant provisions before the formal implementation of the E-commerce Law, but four e-commerce platforms, such as Suning Easy-to-buy, Dangdang, Jumei Superior Products and Honeybud, did not amend the terms of the agreement in time.            Before Beixiao Coordination Survey, the contract terms of the four e-commerce platforms were as follows: the successful submission of orders by consumers was regarded as an offer to purchase the goods ordered, and the merchants'delivery was regarded as a commitment to the offer, which formed a contractual relationship between the two platforms.            Beijing Consumption Association urges revision of e-commerce platform            Peking Consumption Association believes that the above four e-commerce platforms violate relevant regulations and infringe on the legitimate rights and interests of non-specific consumers. In this regard, the North Consumer Association will urge e-commerce platforms to amend relevant provisions to safeguard consumer rights and interests.            On January 8, Chengdu Business Daily-Red Star News once again checked the terms of service of four e-commerce platforms, namely, Suning Easy-to-buy, Dangdang, Jumei Superior Products and Honeybud. They have all been amended: as long as customers place orders to purchase and pay for the goods, the contract between them will be established immediately without waiting for the merchants to deliver the goods.            On the same day, staff members of the Beijing Consumer Association told Chengdu Business Daily - Red Star News that the survey was conducted on January 1, and it is uncertain whether the survey will continue to expand the scope of e-commerce platforms in the future.            Expert analysis            Elimination clause vertical to the field of e-commerce            Chengdu Business Daily - Red Star Journalist consulted Dong Yizhi, a special researcher of China Electronic Commerce Research Center. He said that both the Contract Law and the Consumer Rights and Interests Protection Law have relevant provisions for this situation, but they are not entirely aimed at the field of e-commerce. This time, with the protection clause vertical to the field of e-commerce, consumers'rights and interests can be better protected.            According to the provisions of Article 26 of the Consumer Rights and Interests Protection Law, operators shall not make unfair and unreasonable provisions to consumers by excluding or restricting consumer rights, reducing or exempting operators'responsibilities, and increasing consumers' responsibilities by means of standard clauses, and shall not use standard clauses to force transactions by means of technical means.            Dong Yizhi told reporters that the past legal provisions have not been clear to the extent of the "e-commerce law".            Dong Yizhi said that it is difficult for ordinary consumers to defend their rights when facing the overlord clause of e-commerce platform, and the cost of time and money are relatively high. He suggested that CPPCC or other relevant NGOs should intervene and combine with public interest litigation under the current legal framework. "This is no longer a one-to-one case, but a guiding case, which may be implemented in judicial practice, which is more conducive to the regulation of the whole industry and the protection of consumers'rights and interests."            Suning.com            Before modification            1. The information of commodities and their prices and specifications displayed in Suning E-commerce Platform is only an invitation to make an offer. It is the intention of the merchant that you wish to make an offer to it.            2. When you confirm the purchase and submit the order successfully (your order content should include the quantity, price and payment method of the goods you want to purchase, the consignee, contact information, the receiving address, etc.), you are deemed to have sent an offer to the merchant for the purchase of the order goods;            3. The system feeds back the order information to the merchant. When the merchant confirms that it can satisfy your order demand and deliver the goods to you (based on the order status), it will be regarded as the merchant's commitment to your offer. At this time, a contract relationship has been established between you and the merchant for the goods that have been shipped. You can see the order status displayed by the system to know whether the contract between you and the merchant is established or not and whether the contract between you and the merchant is established or not. The time of establishment;            After modification            When you successfully submit an order (your order content should include the quantity, price and payment method of the goods you want to buy, consignee, contact information, receiving address, etc.) and successfully complete the payment, it is considered that you and the merchant have established a contract relationship for the goods; you can see the status of the order displayed by the system to see whether the contract between you and the merchant is established or not and whether the contract between you and the merchant is completed. Time of establishment.            Dangdang            Before modification            The display, description and price of the goods on the spot do not constitute an offer. If you order products through our website, your order will become an application or offer to buy products. We will send you an email confirming receipt of the order, which contains the details of the order. However, our approval and acceptance of your contract application will only be established when we send you an email confirming delivery to inform you that we have delivered the product. If you order a variety of products in an order and we only send you confirmation emails about some of them, the contract for that part of the product will not be established until we send confirmation emails about other products. When the goods you buy leave the warehouse, the ownership and loss risk of the goods will be transferred to you.            After modification            When on-site merchandise picture display, description and price constitute an invitation to offer. If you order products through our website, your order will become an application or offer to buy products. After you place an order to purchase and pay for the goods, our contract will be established immediately. We will send you an email informing you of the shipment.            Jumei.com            Before modification            The order information generated by the system is the data automatically generated by the computer information system according to the content you fill in, and it is only the contract offer you sent to the shop merchant. When the shop merchant receives your order information, the goods in the order are actually sent to you from the warehouse or store counter (marked by the goods out of the warehouse), it will be regarded as the construction of the goods actually issued between you and the shop merchant. A contractual relationship has been established; if an order contains a variety of goods and the shop distributor only sends you part of the goods, a contractual relationship has been established between you and the shop distributor only for the goods actually sent to you.            After modification            When you order and pay for your living expenses as a consumer, your successful payment will be deemed to be the establishment of a contract between you and the merchant for the part of the order that has been paid.            Honey bud net            Before modification            To place an order, you must put all the items you want in your shopping bag. After you place an order on the website, it only means that our website system receives your order. Only when we send you the goods on the order, the order contract between us and you will be established.            After modification            When you order and pay for your living expenses as a consumer, you will be deemed to have established a contractual relationship between you and the seller for the part of the order that has been paid.