On Sun V. JoYo Amazon About Sale Contract

In recent years, the rapid development of the Internet, speed up the process of social information, e-commerce turnover with an increase of around 2 trillion yuan each year. Among them, online shopping share of about 20%, the rate of total social retail fathom the breakthrough 10%, online shopping has become China e-commerce market to promote the development of an important force. Online shopping in the rapid development generated a lot of legal issues, these legal problems to be solved. This article is a typical online shopping because of contract dispute arising. The main focus of the dispute in this case involves the legal issues in three areas:First, online shopping disputes Confirmation of the proper parties; Second, the nature of the information on the website belonging solicitation or an offer; Third, standard terms "website use conditions "on whether the consumer is binding; according to legal and relevant regulations, eligibility criteria should identify the parties to implement the right to litigation as a criterion. Litigation implementation of the right to manage the rights and interests should be on the basis of complaints. For the nature of the information on the website is a solicitation or an offer, one based on page information provider wishes to distinguish, the web information provider wishes as the distinction between the nature of the information page of the primary standard, the second is based on whether the content of the page clear and specific information, If you have a subject matter, price and quantity contract essential terms information on this page, you can identify the nature of information on the website belonging to the offer. Binding standard clauses for consumers must meet the legal requirements of the standard clauses into the contract and shall not violate the rules of mandatory law. Terms have binding medium format must meet the following three aspects:the format should be provided by the terms of the offer to take reasonable way to draw attention to the other side; the other party to agree to the standard clauses into the contract; do not violate China's "Contract Law" Article 50 of the relevant regulations;...