Right Of Withdrawal In Online Overseas Shopping Service

Online overseas shopping service has become the new shopping methods of the consumers. But it brings problems of the legal protection for overseas purchasing consumers, such as the right to know and the right of fair transaction. Difficulties in returning goods take the cake.This paper starts from the introduction of online overseas shopping service and the description of right of withdrawal. It analyzes the applicability, the scope and conditions of the right of withdrawal in overseas shopping service, pointing out the limitation and possibility of its application in overseas shopping service. And this paper also gives some suggestions about the perfection of the scope and factors of right of withdrawal.Apart from the introduction and conclusion chapter, the structure of this paper is as follows:The first chapter is “summary of online overseas shopping services”. It analyzes the characteristics of online overseas shopping services and introduces three forms, as private procurement, official procurement, and overseas forward services.The second chapter is “the applicability of right of withdrawal in overseas shopping services”. It discusses several theories on such rights in overseas shopping services, and concludes that the right of withdrawal is applicable in online overseas shopping service to protect consumers.The third chapter is “the scope of application”. After analyzing the contractual relationship between consumers and agency, the paper makes a conclusion that overseas shopping service is a trade in service, not in goods. There is a suggestion to enlarge the scope of the right and to make a new exception rule according to the nature of goods in overseas shopping services.The fourth chapter is “conditions of application”. It analyzes the subjects and conditions of the right, to make sure the legal status of three parties in contracts and the factors for the performance of rights. And this chapter also gives suggestions to establish the legal terms of rights.