Announcement of the State Administration for Industry and Commerce on Promulgating the Guidelines for Standardizing the Standard Terms of Contracts for Online Trading Platforms
Announcement of the State Administration for Industry and Commerce on Promulgating the Guidelines for Standardizing the Standard Terms of Contracts for Online Trading Platforms
Announcement of the State Administration for Industry and Commerce on Promulgating the Guidelines for Standardizing the Standard Terms of Contracts for Online Trading Platforms
Gong Shang Shi Zi [2014] No.144
July 30, 2014
In order to standardize the standard terms of contracts for online trading platforms, guide the lawful fulfillment of contractual obligations by operators of online trading platforms, protect lawful rights and interests of consumers and operators and facilitate the sustainable and sound development of Internet economics, the State Administration for Industry and Commerce has formulated the Guidelines for Standardizing the Standard Terms of Contracts for Online Trading Platforms, which are hereby promulgated and shall come into force as of the date of promulgation.
It is hereby announced.
Guidelines for Standardizing the Standard Terms of Contracts for Online Trading Platforms
Chapter I General Provisions
Article 1 In order to standardize the standard terms of contracts for online trading platforms, protect lawful rights and interests of consumers and operators and facilitate the sustainable and sound development of Internet economics, the Guidelines for Standardizing the Standard Terms of Contracts for Online Trading Platforms (hereinafter referred to as the "Guidelines") are hereby formulated in accordance with the Contract Law of the People's Republic of China (hereinafter referred to as the "Contract Law"), the Law of the People's Republic of China on the Protection of Consumer Rights and Interests (hereinafter referred to as the "Law on the Protection of Consumer Rights and Interests"), the Administrative Measures for Online Trading and other laws, regulations and rules.
Article 2 The Guidelines shall apply to operators of online trading platforms established in the People's Republic of China which conclude contracts with standard terms with operators or consumers on such platforms (hereinafter referred to as "Contract Counterparts") through the carrier of data message and Internet (including the mobile Internet).
Article 3 For the purpose of the Guidelines, standard terms of contracts for online trading platforms are the following relevant agreements, rules or clauses which operators of online trading platforms formulate in advance for the purpose of repeated use and do not negotiate with Contract Counterparts about at the time conclusion of contracts:
1.
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