SAIC Announcements On Issuing Guidelines For The Specification Of Contract Terms For Online Trading Platforms

< p > > a > Network < /a > trading platform contract format clause specification guideline < /p >
< p > Chapter I General Provisions < /p >
< p > first, in order to standardize the contract format clauses of the network trading platform, protect the legitimate rights and interests of the operators and consumers, and promote the sustained and healthy development of the network economy, the guidelines are formulated in accordance with the laws, regulations and regulations of the People's Republic of China Contract Law, the law of the People's Republic of China on the protection of consumers' rights and interests, and the management of network transactions. < /p >
< p > second operators of the network trading platform established in People's Republic of China shall apply the guidelines of this regulation through the Internet (including mobile Internet), with data message as the carrier, and by using standard terms to enter into contracts with operators or consumers within the platform (hereinafter referred to as "contract counterparts"). < /p >
< p > Third the contract format terms of the network trading platform as referred to in this guideline are the following related agreements, rules or clauses negotiated by the operators of the network trading platform for the purpose of repeated use and not negotiated with the parties to the contract at the time of signing the contract: < /p >
< p > (1) < a href= "http://sjfzxm.com/news/index_f.asp > > User < /a > registration agreement; < /p >
< p > (two) merchant settlement agreement; < /p >
< p > (three) platform trading rules; < /p >
< p > (four) information disclosure and auditing system; < /p >
< p > (five) personal information and business secret collection and protection system; < /p >
< p > (six) consumer rights and interests protection system; < /p >
< p > (seven) advertisement issuing and auditing system; < /p >
< p > (eight) transaction security and data backup system; < /p >
< p > (nine) dispute resolution mechanism; < /p >
< p > (ten) other contractual terms. < /p >
< p > operators of network trading platform clearly specify the specific rights and obligations of operators and consumers in the form of notices, notices, statements, notices, instructions, certificates, documents, etc., which conform to the provisions of the preceding paragraph, and shall be regarded as contractual terms in accordance with the law. < /p >
< p > Fourth administrative departments for Industry and Commerce shall supervise and handle acts of infringement of consumers' legitimate rights and interests in accordance with the provisions of the contract according to law within their functions and powers. < /p >
< p > fifth encourages organizations supporting online trading industry to standardize the formulation and use of contract terms in the industry, strengthen self-discipline and promote the development of the industry standard. < /p >
< p > second the basic requirements for contract terms are < /p >.
< p > sixth operators of network trading platforms who use contract format clauses in business activities shall comply with the provisions of laws, regulations and rules, and determine the rights and obligations of both parties in accordance with the principles of fairness, openness and honesty. < /p >
< p > operators of Internet trading platforms should abide by the principles of openness, continuity and rationality when modifying the terms and conditions of contract format. The contents of amendments should be publicized at least seven days in advance and notify the parties to the contract. < /p >
< p > seventh network trading platform operators should display the contract format clauses or their electronic links prominently on the main page of their website, and technically ensure that the operators or consumers in the platform can conveniently and completely read and save. < /p >
< p > eighth network trading platform operators should publicized the following information or their electronic links on the main page of their website: < /p >
< p > (1) business license and related license; < /p >
< p > (two) Internet information service license or record information; < /p >
< p > (three) contact information such as business address, postal code, telephone number, e-mail and so on; < /p >
< p > (four) laws and regulations stipulate other information that should be disclosed. < /p >
< p > Internet trading platform operators should ensure that the contents disclosed are clear, authentic, comprehensive, identifiable and easy to obtain. < /p >
< p > ninth operators of network trading platforms should use the contract format clauses to draw the attention of the parties concerned to the contract, paying attention to the contents or expenses, the time and manner of performance, safety precautions, risk warning, after-sale service, civil liability and other related matters that may have an impact on their rights. The operators of the network trading platform shall explain the format clauses in accordance with the requirements of the relative parties of the contract. Encourage network trading platform operators to take necessary technical measures and management measures to ensure that the operators in the platform perform their obligations of prompting and explaining. < /p >
< p > the obvious way mentioned in the preceding paragraph refers to the adoption of the special signs which are sufficient to arouse the attention of the parties to the contract, including the rational use of words, symbols, fonts and other special signs that are sufficient to attract attention. It is not necessary to set up inconvenient links or hide the contents of format clauses by technical means. < /p >
< p > the provisions of the thirty-ninth paragraph of the first paragraph of the contract law of the Internet trading platform on the obligation of prompting and explaining, causing the other party to pay no attention to the exemption or restriction of the terms of liability, and the relative party of the contract may make a request to the people's court for canceling the terms and conditions of the contract according to law. < /p >
< p > the terms and conditions of the contract used by the operators of the network trading platform belong to the tenth provision of the twenty-sixth and second paragraphs of the consumer protection law and the interpretation of the Supreme People's Court on the application of certain questions (two), and its contents are invalid. < /p >
< p > tenth network trading platform operators shall not exempt or reduce their responsibilities in the contract form clauses: < /p >
< p > (1) liability for causing personal injury to consumers; < /p >
< p > (two) liability for loss of property of consumers caused by intentional or gross negligence; < /p >
< p > (three) jointly and severally liable for the provision of goods or services by the operators within the platform; < /p >
< p > (four) responsibility for information security of consumers' personal information and operator's business secrets; < /p >
< p > (five) the liability for breach of contract and other liabilities that should be borne by law. < /p >
< p > eleventh network trading platform operators shall not have the following actions to increase the liability of operators or consumers in the platform by using contract terms: < /p >
< p > (1) to make the consumer bear the penalty for breach of contract or the compensation for damages obviously exceeds the legal amount or reasonable amount; < /p >
< p > (two) enables operators or consumers within the platform to assume responsibility for the online trading platform operators in accordance with the law; < /p >
< p > (three) if the contract is terminated, the time limit for the execution of the contract by the operator or the consumer shall be extended without authorization; < /p >
< p > (four) make the operator or consumer in the platform undertake the responsibility of performing the contract within the indefinite time limit; < /p >
< p > (five) illegally aggravating the other responsibilities of operators or consumers in the platform. < /p >
< p > twelfth network trading platform operators shall not exclude or restrict the following rights of operators or consumers in the contract format clauses: < /p >
< p > (1) the right to alter, cancel or terminate the contract according to law; < /p >
< p > (two) the right to suspend or perform the contract according to law; < /p >
< p > (three) the right to continue to perform according to law, to take remedial measures, to pay liquidated damages or to compensate for damages; < /p >
< p > (four) the right to initiate litigation, arbitration or other means of relief in respect of contractual disputes; < /p >
< p > (five) the right to interpret the format clause; < /p >.
< p > (six) other rights enjoyed by the operators or consumers in the platform. < /p >
< p > thirteenth disputes over the contents of the contract format clauses provided by the network trading platform operators shall be interpreted according to the usual understanding. If there are more than two explanations for the corresponding contents, the explanation for the operators of the network trading platform should be made. If the standard terms are inconsistent with the non standard clauses, the non standard clauses should be adopted. < /p >
< p > third chapter: performance and remedy of contract standard terms < /p >
< p > fourteenth contract terms of network trading platform can include the dispute settlement method agreed by the parties. For small and simple consumer disputes, the parties should be encouraged to adopt the online consumer dispute resolution mechanism to deal with it quickly. < /p >
< p > fifteenth supports consumers' associations, Internet trade associations or other consumer organizations to collect consumers' opinions on contract format clauses of online trading platforms through seminars, questionnaires, comments, etc., and finds that contract terms and conditions are contrary to laws, regulations and rules, and can be submitted to relevant competent departments. < /p >
< p > it is considered that the terms and conditions of the contract terms of the online trading platform are harmful to the rights and interests of consumers or the existence of illegal situations. < /p >
< p > sixteenth consumers may file a lawsuit with the people's court for disputes arising from the contract terms and conditions of the network trading platform and the network trading platform operators. The consumer association or other consumer organizations may support the consumers to initiate proceedings in accordance with the law. < /p >
< p > seventeenth, encourage and guide the online trading platform operators to adopt the model text of the network transaction contract, or draw up the contract form clauses according to the contract demonstration text. < /p >
< p > fourth chapter supplementary provisions < /p >.
< p > eighteenth the network trading platform referred to in this guideline refers to the third party trading platform, that is to say, in the online commodity trading activities, it provides Web pages, virtual business sites, trading rules, trading matchmaking, information dissemination services for both parties or parties to the transaction, which is an information network system for the two parties or parties to conduct independent trading activities. < /p >
< p > nineteenth Internet commodity operators refer to the guidelines of this regulation by using the Internet (including mobile Internet), using data message as the carrier, and signing contracts with consumers in terms of standard terms. < /p >
< p > twentieth the guidelines are interpreted by the State Administration for Industry and commerce. < /p >
< p > twenty-first the State Administration for Industry and Commerce will issue timely guidelines for the specification of contract terms in related fields according to the development of network economy. < /p >
< p > twenty-second guidelines for this specification shall be implemented from the date of promulgation. < /p >