other information
Release date:2003-07-25
Review date:2004-10-14
drafter:Hu Hanjing, Liu Bisong, Wei Hong, Sun Wenfeng, Zhong Xiaolin, Shi Wenlai
Drafting unit:China Standards Research Center, China Ocean Shipping (Group) Company, Policy and Regulation Department of General Administration of Customs
Focal point unit:National Electronic Business Standardization Technical Committee
Proposing unit:China Standards Research Center
Publishing department:General Administration of Quality Supervision, Inspection and Quarantine of the People's Republic of China
competent authority:National Standardization Administration
Some standard content:
B/#9252—2003
Modification of the standard based on the recommendation of the United Nations Centre for Trade Facilitation and Electronic Commerce (LIN/CFFACT) No. 31 International Standard for New Electronic Services
This standard has the main differences from the English version of the ITN/CETACT No. 31 auxiliary standard, in terms of terms and definitions. The relevant information on materials science and technology in the standard will be included in the standard group A; the book number has been appropriately adjusted
Appendix A of this standard is the information appendix, which is used to give the period of use of the technical standard. When there are special conflicts of interest, the agreed terms of use should be used as the basis for calculation. This standard is proposed by the China Standards Research Center, and this standard is jointly developed by the China International Standardization Technical Committee: This standard is initiated by: China Standards Research Center, China International Shipping (Group) Company, General Administration of Customs of China, and China International Products and Exhibition Service Unified Code Management Co., Ltd. The initiators of this standard are: Ministry of Tourism, Xiao Dansong, Xiao Hong, Du Wenfeng, You Xinlin, and Shi Wenlai. (B/T19252—203
E-commerce provides new opportunities to improve the efficiency of business and reduce the cost of the trade process. At the same time, it also enables enterprises that use new trading methods to enhance their competitive advantage. The emergence of electronic business platforms and the use of the Internet provide a series of new services for the use of data transmission, and the legal framework for the development of new service models in the form of contracts and notices can be developed. Traditional services that rely on paper-based services, such as printing, are in the process of adapting to this new technology. On a global scale, the Model Law on Electronic Commerce (MoelLaw) adopted by the United Nations Commission on Trade Law (UNCITRAL) provides a framework for the formulation of relevant laws. International organizations, such as the World Trade Organization (WTO), the United Nations Centre for E-Commerce (UNCEFACT: Organization for Economic Co-operation and Development), the United Nations Commission on Trade and Development (CIAD), the Chamber of Commerce (ICA) and other departments are actively discussing with governments and enterprises some related legal issues caused by the absence of global e-commerce markets, in order to reduce the difficulties. The design of these issues is the necessary legal framework for the global e-commerce market. It plays an important role in the formation and popularization of the legal framework, and in establishing a better integrity environment for the e-commerce market. In the face of many problems arising in the use of e-commerce, a good solution is needed.
In order to build a trustworthy environment between business entities and provide a basis for the formulation of the recommended standard No. 36 (U>/E RenE 137$291998), N/CF:FACT2CVU 3H its sixth meeting adopted this standard
N/CFFAC jointly agreed to use the existing standard as a model for e-commerce business transactions. This detailed document contains the basic terms and conditions for the establishment of various entities to handle the common business transactions. The e-commerce business agreement meets the business needs of enterprises and enterprises for e-commerce partnerships. The terms include a set of basic terms. These terms can ensure that the terms or multiple terms between the business transactions are completed under the full legal compliance. The e-commerce business agreement is a good example of e-commerce business transactions. All electronic communication transactions are subject to the supervision of the parties. The commercial partners who have not established a contractual relationship on the E-commerce platform shall continue to use the E-commerce exchange agreement, and the commercial partners who have established a contractual relationship on the E-commerce platform shall use multiple protocols. When necessary, all electronic business agreements shall replace the electronic business agreements. 1 Scope
E-commerce cooperation agreement
This standard specifies the sample of electronic commerce cooperation agreements written in the form of a plan. This standard is applicable to all electronic business transactions between enterprises. G1/T19252—2003
This standard can be used for the business between enterprises and consumers, but any clauses related to consumer protection in this standard are usually mandatory. In most cases, when reaching out or transacting with consumers, consumers are not required to pay attention to the terms of the contract. The national and local consumer protection laws of the country and region will be immediately applicable to it. Therefore, enterprises that use this standard in conjunction with the old consumer protection laws must be aware of the need to avoid national confidentiality and consumer protection laws. If the standard is used in electronic commerce with administrative or party organizations, the following documents should be properly adjusted: 2 Normative references || tt || The following documents are subject to the policy of this standard after being used. Note that the referenced documents are subject to subsequent changes (excluding the content or format of the revised version) and are applicable to this standard. However, the validity period of the referenced documents is based on the existing research of the standard formulation and whether these documents can be used for new requirements. Try not to wait for the date of the use of the document, which is subject to the new version of the standard. R/T17523 International Market Exchange Agreement Sample for Electronic Data Exchange ( CB/T17629—148,idtUN/:Line number recommended standard with
3 terms and definitions
offer contract inslrumlentoftiffer
and the party through electronic press to the industry potential medicine blood can be a male one of the participants in this or a small period of the contract. Offer award contract can also be provided for the participants who do not feel the most control of the terms of the proposed month: and when it is parked, the original send zero test·new type of effect
love blood wing contract insirmcmtoracoeplance offer contract according to the terms of the offer change the two willing to return to the issuing party can be the shelf medicine 3.3
offering party
5prpeser
send the medicine pad type of party.
Accepter
Issuer
Parties
Issuer and acceptor are marked with issuer and acceptor, 4 symbols and conventions
Electronic energy multiple cooperation design sample wood color etc. The supply party prefers to choose from two or more options. These wide settings are marked in brackets: product is hit by (/ points. If the party chooses to make a choice, the items with other options below will be recognized. GB/T19252-20D3
The items with the following line will be ignored.
5 E-commerce Agreement Sample
The e-commerce agreement sample must consist of two parts: the offer plan and the offer agreement. 5.1 Offer Agreement
The offeror proposes to enter into the following cooperation agreement. The communication between the offeror and the party subject to this Agreement shall be confirmed by the words "E-commerce Agreement\" or other identification codes or other means to refer to this Agreement. The offer is an acceptance and the conclusion of the electronic service agreement, and does not mean that the parties are obliged to enter into any further contractual relationship. The acceptance of the contract must be completed by the offeree and the sender. The offeree receives the offer within 24 hours/calendar time specified in the offer (5.1.1.2.3.1) to be established. If the offeror makes an acceptance within the time limit, the following terms will constitute the agreement between the offeror and the party. 5.1.1 Electronic Business Service Agreement
5. 1.1.1 The parties shall exchange messages electronically as provided in 5.1.1.2.1. The parties shall complete the following transactions: The parties shall be complete and inaccurate: Company name: Company address: Office identification number/trade registration number Professional number (recent) Tax registration number: 5.1.1.2 Telephone number, business registration number and e-mail address or website address 5.1.1.2 Communications 5.1.1.2. 1 Communication method
Note: It is strongly recommended to obtain the appropriate communication method from the authorized party. All parties involved in the transaction are required to use the following methods for communication: 2. Electronic communication method/the specified communication method! Submission type
Comply with the low-level offer/confidential negotiation
Shared type
Electronic information exchange (ETI)
In each contract, the authorized party shall disclose the communication method that can be accepted by the authorized party. 5.1.1.2.2 Communication standards, software third-party providers
The following communication standards are not used by the security provider. If necessary, the following standards must be used by the provider:
Software product/1 version number:
●Provider.
Specify the format of the lower level
CB/119252—2003
Each of the above communication standards may change between the communication standards.1, 1, 2.1 and 5.[.1.2.2 Any change in the specified rate of confidence must be communicated to the other party before it is communicated to the other party. In this communication, the other party should be informed of the change. The change will only take effect when the other party accepts the change. 5.1.1.2.3 Confirmation of acceptance
5.1.1.2.3.1 Confirmation of acceptance
When the recipient has obtained the definition of the acceptance/other business connection from this document, it is encouraged to be accepted. 5.1.1.2.3.2 Confirmation of Receipt || tt || 2. Confirmation of Receipt || 3. Whether the receiving party has the obligation to confirm the receipt of the message. Confirmation can be made by specifying the message type, by the receiving party or by any other means of communication, or by any means to indicate to the sending party that the message has been received. In the case of a message specified by the sending party or the station waiting for the confirmation of the receipt of the message, if the receipt is reliable, the message is deemed to be sent by the receiving party. 1. If the sender fails to receive the message within a reasonable time frame specified in the confirmation time and the sender does not indicate that the message is subject to the receipt confirmation, the sender may notify the recipient slowly and specify a reasonable time for receipt confirmation before then: b. If the sender still fails to receive the message within the time specified in the above paragraph, the sender shall send a notice to the recipient and the message shall be deemed to have been sent: or exercise all other rights of the sender: when the sender receives the receipt confirmation from the recipient 5.1.1.2.4 Communication Error
The receiving party must ensure that the message is received within the specified time limit. The receiving party has the right to regard each received message as a copy. The proposed text of the acceptance statement includes the following: the recipient of the message is a message that is received at a certain point in time and has the right to confirm that the message is received and that the message needs to be sent according to the point in time: the recipient has the right to confirm that the message is received and that the message needs to be sent according to the point in time: the recipient has the right to confirm that the message is received and that the message needs to be sent according to the point in time, but the recipient has the right to confirm that the message is received and that the message needs to be sent according to the point in time. 5.1.1.3 Validity of e-commerce transactions and the conclusion of e-commerce transactions 5. 1.1.3.1 Validity
Note: The legal evaluation of the technology is that the contract is in written form and/or legally completed. The parties agree that the communication can generate valid and independent obligations. When the communication between the parties can be conducted in electronic form, the parties clearly disclaim all rights to oppose the electronic service cooperation and the validity and/or acceptability of any electronic commerce transaction. 5.1.1.3.2 The conclusion or acceptance of the electronic commerce transaction
When the acceptance document is accepted in accordance with the provisions of 5.1.1.3.2.4, an electronic commerce transaction is concluded. 5.1.1.3.2. 1 Definition of an offer
If an offer contains the meaning that one party agrees to enter into a contract with the other party and the offer is clearly stated and can be read and confirmed, then the offer is an offer. 5.1. 1.3.2.2 Unless otherwise agreed or specified in the contract, an offer shall not be deemed to be a contract. Can it be "revocable". If it is revocable, the cancellation notice shall be sent by the beneficiary to the offeree within the time when the offer is received/received. The offer can be accepted and [cancelled]: If it is irrevocable, the cancellation notice shall be effective only if it is sent before the acceptance to be revoked is received
GB/119252—2003
5.1.1.3.2.3 Acceptance period
An offer shall be effective within 2 hours after the offer is received/the time limit specified in the offer shall be longer than the time limit specified in the offer, unless the offer is rejected or the offer is signed within the aforementioned time limit. If the offer is accepted, the acceptor may change the offer into a new offer
5.1.1.3.2.4 Acceptance
When the Offeror receives an unconditional acceptance of the Offer (see 1.1.3.2.1) within the specified time limit, the Offer shall be deemed accepted.
5.1.1.4 Other clauses
5.1.1.4.1 Choice of law
Except for conflicting legal provisions, the Commercial Agreement shall be governed by the laws of the designated country/region of the Offeror's location/international private contractual regulations.
The Commercial Agreement shall always be governed by the laws of the designated country/region of the Offeror's location, excluding conflicting legal provisions, which shall be in accordance with international scientific and legal rules or the laws of the country chosen by the Offeror. 5.1.1.4.2 Severabilitywww.bzxz.net
If a clause of the Commercial Agreement is invalid or non-binding for any reason, all other clauses shall remain in full force and effect.
5. 1.1.4.3 Termination
Any party may issue a termination notice to terminate this Agreement. The termination notice shall not be given to any other party in a timely manner. The termination notice shall not affect any subsequent notice or related transactions issued before the termination. The termination notice shall not affect any payment that is of a permanent nature and shall continue to bind the parties. 5.1.1. 4.4. Complete Agreement
This electronic commercial agreement constitutes the complete agreement between the parties involved in the subject matter. 5.1.1.4.5 Choice of Jurisdiction
Please note that the parties may choose a legal system that is suitable for the current situation as the basis for the dispute resolution. The legal system that can be used in this commercial agreement shall be determined in accordance with the venue specified in 5.1.1.4.1 of the contract. / Barrel national or regional courts, the parties still have the right to bring an action against the parties in the jurisdiction of the agreement,
, option 2: any dispute arising out of the agreement, including any dispute concerning the effective termination of the agreement, shall be submitted to one or three arbitrators agreed upon by the parties for final settlement, unless otherwise agreed, and the parties shall make the decision in accordance with the procedures specified in the agreement. The effectiveness of commercial changes should be guided by the relevant rules of international law. F. Clause 1 is that the parties shall resolve the dispute by the court of the country or city where the dispute occurs within a period of time after the dispute occurs. 5.1.2 Electronic commercial transactions || tt || The following terms and conditions should be followed in the commercial transactions: If necessary, the appropriate terms and conditions for electronic commercial transactions are listed here according to the type of e-commerce transactions to be carried out. Specific terms, including transaction terms, payment types and terms, property rights and ownership, risk transfer, rights, etc., shall be interpreted in accordance with the provisions of this Agreement. In the event of a special clause, the terms and conditions set forth in Section 5.1.1 of this Agreement/the terms and conditions set forth in Section 5.1.2 of this Agreement, including the quoted terms and conditions, shall be the relevant selection criteria. Section 5.2 shall be the other identification codes specified in the e-commerce agreement and the offer contract. This Agreement shall include the name of the Offeror and the Offeree. 5.2.1 The Offeree's Identification
The Offeror and the Offeree shall be accompanied by the following legal entity before the transaction:
Full and accurate company name:
Company address;
Identification number/trade registration number/professional number (active tax registration number);
Telephone number, URL and email address or website. 5.2.2 Communication
5.2.2.1 Refund method
Note: The Offeree agrees to communicate with the Offeror through the following communication methods or the following provisions of 5.1,1.2.1 Listen to the full or partial audio of the form) for communication; [Any single communication, the communication party or] GH/T'19252-2003
GI/T19252-2003
A1 Actions to be taken by the participants
Yang Record A
(Informative Appendix)
Explanation for the use of electronic business negotiations
The electronic business agreement provides a framework for the electronic business transactions carried out after the implementation. The electronic business agreement introduces options to the participants in multiple places for them to choose. In the selection process of these options, the parties should review them to decide whether to use the default option or other options one by one. In addition, before entering into an e-commerce agreement, the parties should pay attention to the following steps: determine the communication method and messages to be used, and specify them in Section 3.1.-2.1. The terms and conditions applicable to the subsequent e-commerce transactions shall be specified in Section 5.1.2. The parties should also pay attention to the fact that due to changes in national and local conditions, the basic terms of this agreement may be affected or some issues that should be paid attention to. In addition to the electronic commerce equipment, each party must take appropriate steps to ensure compliance with national and market laws, especially in the following aspects: storage of messages!
Lu VAT reform Other tax regulations:
Data protection, including the rules in the European Union data protection directive. The parties involved must ensure that the level of security they implement is appropriate for the commercial transaction. For example, the parties can use public or shared measures to offset communication errors and message leaks. And according to the high value of the electronic communication records between the parties, the courts can effectively require the parties to provide proof of conflict by incorporating the terms of the agreement into the agreement, in order to minimize the possibility of rejection of the agreement. Promote the participants to refer to the electronic service agreement when conducting e-commerce transactions. All correspondence subject to the terms of the e-commerce agreement includes such a reference: this reference can be extended to include an identification code or the words "E-commerce Agreement" and use this in subsequent communications. It should also be pointed out that in many cases, e-commerce involves actual transactions, and the legal consequences of the transactions are something that can only be resolved through a standard agreement. Therefore, it is necessary to supplement this specification. 4.2 How to use e-commerce agreements || tt || E-commerce agreements can be used for both one transaction and multiple transactions. Even if only one transaction is used, a business agreement must be signed before an e-commerce transaction is conducted. Therefore, the business establishment should confirm that the rules applicable to the transaction are implemented. If the two parties include the "electronic commerce transaction" in the service agreement, the basic rules for the execution of the transaction should be formulated. When the electronic business agreement is not quoted in the subsequent transactions related to the business, the offeree can choose one or more communication methods proposed by the issuer by the opening document. If the offeree chooses less than the proposed communication method, the issuer should use the method specified by the offeree. The electronic business establishment should ensure that the two parties have a good understanding of the terms and conditions of the contract. Before, the parties can avoid repeated differences in the e-commerce agreement, and after the exchange of more than one contract, the parties can obtain more benefits through the exchange of contracts: the combination of agricultural products and the exchange of more than one contract. The general history of the establishment of an e-commerce agreement is not to be continued. The terms of the agreement are clear and the conditions are sufficient. In terms of the records of the contract, some good medicines are needed. The Ministry of Commerce should record and ensure the use of this contract. The Ministry of Commerce should provide the signed ten-sided provisions and arbitration clauses. Note that for this current agreement, it is necessary to be cautious. After the e-commerce agreement is established with the parties, the e-commerce agency can conduct the e-commerce exchange of products stipulated in the agreement, and the Ministry of Commerce will start GR/T 19252—2003
The sender (either the offeror or the offeree) sends an offer, and the offeror sends a contract. In the electronic version of the electronic commerce agreement, the communication methods included in the offeree's agreement should be limited to the model proposed by the offeror.
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