E-commerce operators shall not stipulate in the form of standard terms that the contract will not be established after the consumer pays the price; Whether the content is included in the format terms, etc. , whose content is invalid.
Article 50 E-commerce operators shall clearly, comprehensively and clearly inform users of the procedures for concluding contracts, matters needing attention, download methods and other matters, and ensure that users can read and download them conveniently and completely.
E-commerce operators should ensure that users can correct input errors before submitting orders.
Article 51 If the subject matter of the contract delivers the goods by express logistics, the time when the consignee receives the goods shall be the delivery time. If the object of the contract is to provide services, the time specified in the generated electronic certificate or physical certificate shall be the delivery time; If the time is not specified in the above vouchers or the time specified is inconsistent with the actual time of providing services, the actual time of providing services shall be taken as the delivery time.
Where the subject matter of the contract is delivered by online transmission, the time when the subject matter of the contract enters the specific system designated by the other party and can be retrieved and identified is the delivery time.
Where the parties to a contract have otherwise agreed on the method and time of delivery, such agreement shall prevail.
Article 52 parties to e-commerce may agree to deliver goods by express logistics.
Express logistics service providers shall abide by laws and administrative regulations and meet the promised service standards and time limit when providing express logistics services for e-commerce. The express logistics service provider shall prompt the consignee to inspect the goods face to face when delivering the goods; If it is handed over to others for collection, it shall be approved by the consignee.
Express logistics service providers shall use environmentally-friendly packaging materials in accordance with regulations, and reduce and reuse packaging materials.
Express logistics service providers can accept the entrustment of e-commerce operators to provide payment collection services while providing express logistics services.
Article 53 The parties to e-commerce may agree to pay the price by electronic payment.
When providing electronic payment services for e-commerce, electronic payment service providers shall abide by state regulations and inform users of the functions, usage methods, precautions, related risks and charging standards of electronic payment services, and shall not attach unreasonable trading conditions. Electronic payment service providers shall ensure the integrity, consistency, traceability and non-tampering of electronic payment instructions.
Electronic payment service providers shall provide users with reconciliation services and transaction records in the last three years free of charge.
Fifty-fourth electronic payment services provided by electronic payment service providers do not meet the relevant national payment safety management requirements, causing losses to users, and shall be liable for compensation.
Article 55 Before issuing a payment instruction, users should check the complete information such as the amount and payee contained in the payment instruction.
If there is an error in the payment instruction, the electronic payment service provider shall find out the reason in time and take relevant measures to correct it. If losses are caused to users, the electronic payment service provider shall be liable for compensation, except that it can prove that the payment error is not caused by its own reasons.
Fifty-sixth after the completion of electronic payment, the electronic payment service provider shall provide the payment confirmation information to the user in a timely and accurate manner in accordance with the agreed method.
Fifty-seventh users should properly keep transaction passwords, electronic signature data and other security tools. Users who find that security tools are lost, stolen or paid without authorization shall promptly notify the electronic payment service provider.
The loss caused by unauthorized payment shall be borne by the electronic payment service provider; The electronic payment service provider can prove that the unauthorized payment is caused by the user's fault and does not assume responsibility.
When the electronic payment service provider finds that the payment instruction is unauthorized or receives the notice that the user's payment instruction is unauthorized, it shall take immediate measures to prevent the loss from expanding. If the electronic payment service provider fails to take timely measures to cause the loss to expand, it shall be liable for the expanded loss.
Chapter IV Dispute Resolution in Electronic Commerce
Article 58 The State encourages operators of e-commerce platforms to establish a quality assurance mechanism for goods and services that is conducive to the development of e-commerce and the protection of consumers' rights and interests.
If the e-commerce platform operators and the operators in the platform agree to set up a consumer rights deposit, the two parties shall make a clear agreement on the withdrawal amount, management, use and refund method of the consumer rights deposit.
The relevant provisions of the Law of People's Republic of China (PRC) on the Protection of Consumers' Rights and Interests shall apply to consumers who require the operators of e-commerce platforms to bear the liability for compensation in advance and recover from the operators of e-commerce platforms after compensation.
Fifty-ninth e-commerce operators should establish a convenient and effective complaint reporting mechanism, disclose information such as complaint reporting methods, and accept and handle complaints and reports in a timely manner.
Article 60 E-commerce disputes can be resolved through negotiation, requesting consumer organizations, trade associations or other mediation organizations established according to law to mediate, complaining to relevant departments, submitting to arbitration, bringing a lawsuit, etc.
Article 61 If a consumer purchases goods or accepts services on an e-commerce platform and disputes with the operators in the platform, the operators of the e-commerce platform shall actively assist the consumers in safeguarding their legitimate rights and interests.
Article 62 An e-commerce operator shall provide the original contract and transaction records when handling e-commerce disputes. If the people's court, the arbitration institution or the relevant authorities are unable to find out the facts because the e-commerce operator has lost, forged, tampered with, destroyed, concealed or refused to provide the aforementioned information, the e-commerce operator shall bear corresponding legal responsibilities.
Article 63 An operator of an e-commerce platform may establish an online dispute resolution mechanism, formulate and publish rules for dispute resolution, and resolve the disputes of the parties fairly and justly on a voluntary basis.
Chapter V Promoting Electronic Commerce
Article 64 The people's governments of the State Council and provinces, autonomous regions and municipalities directly under the Central Government shall incorporate the development of e-commerce into their national economic and social development plans, formulate scientific and reasonable industrial policies, and promote the innovative development of e-commerce.
Article 65 the State Council and local people's governments at or above the county level and their relevant departments shall take measures to support and popularize green packaging, storage and transportation, and promote the green development of e-commerce.
Article 66 The state promotes the construction of e-commerce infrastructure and logistics network, improves the statistical system of e-commerce and strengthens the construction of e-commerce standard system.
Article 67 The state promotes the application of e-commerce in various fields of the national economy and supports the integrated development of e-commerce and various industries.
Article 68 The state promotes the application of Internet technology in the fields of agricultural production, processing and circulation, encourages all kinds of social resources to strengthen cooperation, promotes the development of rural e-commerce, and gives play to the role of e-commerce in accurate poverty alleviation.
Article 69 The state maintains the security of e-commerce transactions, protects the information of e-commerce users, encourages the development and application of e-commerce data, and ensures the orderly and free flow of e-commerce data according to law.
The state takes measures to promote the establishment of a public data sharing mechanism and promote e-commerce operators to use public data according to law.
Article 70 The state supports credit evaluation institutions established according to law to carry out credit evaluation of e-commerce and provide credit evaluation services of e-commerce to the society.
Article 71 The state promotes the development of cross-border electronic commerce, and establishes and improves the management systems of customs, taxation, entry-exit inspection and quarantine, payment and settlement. , suitable for the characteristics of cross-border electronic commerce, improve the convenience level of all links in cross-border electronic commerce, and support cross-border electronic commerce platform operators to provide warehousing and logistics, customs declaration and inspection services for cross-border electronic commerce.
The state supports small and micro enterprises to engage in cross-border electronic commerce.
Article 72 The national import and export administration department shall promote the construction of comprehensive services and supervision system for customs declaration, tax payment, inspection and quarantine in cross-border electronic commerce, optimize the supervision process, promote information sharing, mutual recognition of supervision and mutual assistance in law enforcement, and improve the efficiency of service and supervision in cross-border electronic commerce. Cross-border electronic commerce business operators can go through the relevant formalities with the national import and export administration department with electronic documents.
Article 73 The state promotes exchanges and cooperation between different countries and regions in cross-border electronic commerce, participates in the formulation of international rules for electronic commerce, and promotes international mutual recognition of electronic signatures and electronic identities.
The state promotes the establishment of cross-border electronic commerce dispute settlement mechanism with different countries and regions.
Chapter VI Legal Liability
Article 74 If an e-commerce operator sells goods or provides services and fails to perform contractual obligations or fails to perform contractual obligations, thus causing damage to others, it shall bear civil liability according to law.
Article 75 If an e-commerce operator violates the provisions of Articles 12 and 13 of this Law, engages in business activities without obtaining the relevant administrative license, or sells or provides goods and services prohibited by laws and administrative regulations, or fails to fulfill the obligation of providing information as stipulated in Article 25 of this Law, if an e-commerce platform operator violates the provisions of Article 46 of this Law, it will be punished in accordance with the provisions of relevant laws and administrative regulations.
Article 76 If an e-commerce operator violates the provisions of this Law and commits any of the following acts, the market supervision and management department shall order it to make corrections within a time limit and may impose a fine of less than 10,000 yuan, among which the e-commerce platform operator shall be punished in accordance with the provisions of the first paragraph of Article 81 of this Law:
(1) Failing to publicize business license information, administrative licensing information, information that does not need to be registered as a market subject or link identification of the above information in a prominent position on the homepage;
(two) the termination of e-commerce information is not continuously publicized in a prominent position on the home page;
(3) The methods and procedures for inquiring, correcting, deleting and canceling user information are not clearly stated, or unreasonable conditions are set for inquiring, correcting, deleting and canceling user information.
If the e-commerce platform operator fails to take necessary measures against the platform operator who violates the provisions of the preceding paragraph, the market supervision and management department shall order it to make corrections within a time limit and may impose a fine of not less than 20,000 yuan but not more than 100,000 yuan.
Article 77 If an e-commerce operator provides search results in violation of the provisions of the first paragraph of Article 18 of this Law, or tying goods and services in violation of the provisions of Article 19 of this Law, the market supervision and management department shall order it to make corrections within a time limit, confiscate its illegal income, and may concurrently impose a fine of not less than 50,000 yuan but not more than 200,000 yuan; If the circumstances are serious, a fine of not less than 200,000 yuan but not more than 500,000 yuan shall be imposed.
Article 78 If an e-commerce operator violates the provisions of Article 21 of this Law, fails to explicitly explain the methods and procedures for refunding the deposit to consumers, sets unreasonable conditions for refunding the deposit, or fails to timely refund the deposit, the relevant competent department shall order it to make corrections within a time limit and may impose a fine of not less than 50,000 yuan but not more than 200,000 yuan; If the circumstances are serious, a fine of not less than 200,000 yuan but not more than 500,000 yuan shall be imposed.
Article 79 If an e-commerce operator violates the provisions of laws and administrative regulations on the protection of personal information, or fails to fulfill the network security obligations stipulated in Article 30 of this Law and relevant laws and administrative regulations, it shall be punished in accordance with the provisions of the Network Security Law of the People's Republic of China and other laws and administrative regulations.
Article 80 If an e-commerce platform operator commits one of the following acts, the relevant competent department shall order it to make corrections within a time limit; If no correction is made within the time limit, a fine of more than 20,000 yuan10,000 yuan shall be imposed; If the circumstances are serious, it shall be ordered to suspend business for rectification and impose a fine of not less than one hundred thousand yuan but not more than five hundred thousand yuan:
(1) Failing to fulfill the obligations of verification and registration as stipulated in Article 27 of this Law;
(2) Failing to submit relevant materials to the market supervision and administration department and the tax department in accordance with the provisions of Article 28 of this Law;
(3) Failing to take necessary measures to deal with illegal situations in accordance with the provisions of Article 29 of this Law, or failing to report to the relevant competent authorities;
(4) Failing to fulfill the obligation of confidentiality of commodity service information and transaction information as stipulated in Article 31 of this Law.
Where there are other provisions in laws and administrative regulations on the punishment of illegal acts stipulated in the preceding paragraph, those provisions shall prevail.
Article 81 If an operator of an e-commerce platform violates the provisions of this Law and commits any of the following acts, the market supervision and management department shall order him to make corrections within a time limit and may impose a fine of not less than 20,000 yuan but not more than 100,000 yuan; If the circumstances are serious, a fine of not less than one hundred thousand yuan but not more than five hundred thousand yuan shall be imposed:
(1) Failure to continuously publicize the platform service agreement, trading rules information or the link identification of the above information in a prominent position on the homepage;
(2) Failing to publicly solicit the revised trading rules in a prominent position on the homepage, failing to publicize the revised contents in advance according to the specified time, or preventing the operators in the platform from quitting;
(3) Failing to clearly distinguish and label the self-operated business from the business carried out by the operators in the platform;
(4) Failing to provide consumers with a way to evaluate the goods sold or services provided in the platform, or deleting the consumer evaluation without authorization.
Operators of e-commerce platforms who violate the provisions of Article 40 of this Law and fail to express "advertising" on the commodities or services ranked by bidding shall be punished in accordance with the provisions of the Advertising Law of People's Republic of China (PRC).
Article 82 If an operator of an e-commerce platform violates the provisions of Article 35 of this Law, unreasonably restricts or attaches unreasonable conditions to the transactions in the platform, transaction prices or transactions with other operators in the platform, or charges unreasonable fees from the operators in the platform, the market supervision and management department shall order him to make corrections within a time limit and may impose a fine of not less than 50,000 yuan but not more than 500,000 yuan; If the circumstances are serious, a fine of not less than 500,000 yuan but not more than 2 million yuan shall be imposed.
Article 83 If an operator of an e-commerce platform violates the provisions of Article 38 of this Law and fails to take necessary measures against the acts of the operators in the platform that infringe upon the legitimate rights and interests of consumers, or fails to perform the obligation of qualification examination for the operators in the platform, or fails to perform the obligation of safety protection for consumers, the market supervision and management department shall order him to make corrections within a time limit and may concurrently impose a fine of not less than 50,000 yuan but not more than 500,000 yuan; If the circumstances are serious, it shall be ordered to suspend business for rectification and impose a fine of not less than 500,000 yuan but not more than 2 million yuan.
Article 84 If an operator of an e-commerce platform violates the provisions of Articles 42 and 45 of this Law, fails to take necessary measures according to law and infringes on the intellectual property rights of the operator in the platform, the relevant intellectual property administrative department shall order him to make corrections within a time limit; Overdue correction, a fine of fifty thousand yuan and five hundred thousand yuan; If the circumstances are serious, a fine of not less than 500,000 yuan but not more than 2 million yuan shall be imposed.
Article 85 If an e-commerce operator violates the provisions of this Law, the goods he sells or the services he provides do not meet the requirements for protecting personal and property safety, engages in unfair competition such as false or misleading commercial propaganda, abuses market dominance and infringes on consumers' intellectual property rights, he shall be punished in accordance with the provisions of relevant laws.
Article 86 An e-commerce operator who commits an illegal act as stipulated in this Law shall record it in the credit file in accordance with the provisions of relevant laws and administrative regulations and make it public.
Article 87 If the staff of the department responsible for the supervision and management of e-commerce in accordance with the law neglects their duties, abuses their powers, engages in malpractices for personal gain, or divulges, sells or illegally provides personal information, privacy and business secrets known to others in the performance of their duties, they shall be investigated for legal responsibility in accordance with the law.
Article 88 Whoever violates the provisions of this Law and constitutes an act against the administration of public security shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter VII Supplementary Provisions
Article 89 This Law shall come into force as of 20 19 10.
1 2
Share to
Editor in charge of correcting wrong printing: Yu Chun
continuing education
Notice on the Policy of Exempting Interest Income from Value-added Tax on Small and Micro Enterprise Loans of Financial Institutions
Decision on Amending the Individual Income Tax Law of People's Republic of China (PRC)
related articles
The State Council Order No.714 of the People's Republic of China, Notice of State Taxation Administration of The People's Republic of China of People's Republic of China (PRC) on Optimizing Real Estate Transactions ... Notice of the Ministry of Finance on Amending the Notes of Certified Public Accountants ... Notice of State Taxation Administration of The People's Republic of China of People's Republic of China (PRC) on Deepening Work 20 19 ... Notice of State Taxation Administration of The People's Republic of China on Cancelling a Batch of Tax Vouchers. ...
Editor's recommendation
On the collection and management of refined oil consumption tax ... On the development of enterprise Internet logistics platform ... The implementation of People's Republic of China (PRC) Environmental Protection Tax Law ... On the management of VAT invoices ... Order of Ministry of Human Resources and Social Security Ministry of Finance. Thoughts on speeding up the reform of "separation of license and certificate" ...
Financial vision
present world
1 Order No.714 of the State Council, People's Republic of China (PRC) ...
2. People's Republic of China (PRC) and State Taxation Administration of The People's Republic of China on optimizing real estate transactions ...
3. The general office of the State Council on printing and distributing the "social reduction" ...
4? Notice of the Ministry of Finance on Amending the Law on Certified Public Accountants ...
5. Notice of State Taxation Administration of The People's Republic of China, People's Republic of China (PRC) on Doing a Good Job in 20 19. ...
6. Notice of State Taxation Administration of The People's Republic of China City, People's Republic of China (PRC) on canceling a batch of taxes ...
7. Opinions on continuing to support the development of cultural enterprises ...
8. On the implementation of supporting and promoting the creation of key groups ...
9 Notice on Further Strengthening Tax Withholding and Remittance ...
10 on continuing to implement cultural system reform ...