Ask for a contract as an e commerce operations director

There are two main forms of electronic business contracts: traditional contracts.

Oral form and written form. Oral form refers to the agreement reached by the parties by means of oral or direct expression. Written form refers to the use of non-direct expression, i.e., textual expression, by the parties to express the content of the agreement.

China's Contract Law has extended the traditional form of written contract to the form of data message. According to the Contract Law, written form refers to the form in which the contents of the contract, letters, and data messages (including telegrams, telex, faxes, electronic data interchanges, and e-mails) can be tangibly expressed. In other words, no matter what medium is used in the contract, as long as the content contained in it can be tangibly expressed, it is deemed to meet the requirements of the law for "writing".

Forms of e-commerce contracts There are two main forms of traditional contracts, oral and written.

Between the e-commerce platform and the merchant, the e-commerce platform is the party that provides the standard terms.

In accordance with Article 39 of the Contract Law of the People's Republic of China, a contract concluded using standard clauses The party providing the standard clauses shall conclude the contract in accordance with the principle of fairness, draw the attention of the other party to the clause exempting or limiting its liability in a reasonable manner, and interpret the clause in accordance with the requirements of the other party.

Standard clauses are clauses that are pre-drafted for reuse and are not negotiated with the other party in the process of concluding a contract.

Article 40, the standard clause has the circumstances of Article 52 and 53 of this Law, or the party providing the standard clause exempts the main liability, increases the liability of the other party, and restricts the main rights of the other party, and the clause is invalid.

Therefore, if the e-commerce platform, as the party providing the standard clause, exempts its primary liability, increases the liability of the other party, and restricts the main rights of the other party, the clause is invalid. If the platform unilaterally closes part of the merchant's authority, it should be deemed to restrict the merchant's main rights, and it is suspected of violating Article 40 of the Contract Law, you can negotiate with the other party, and if the negotiation fails, the court where the other party is located shall be sued.

The differences are as follows:

1.The nature is different.

Traditional commerce is that users can use **, fax, letter and traditional ** to achieve business transactions and management processes. E-commerce is a business activity centered on commodity exchange by means of information network technology.

2.The characteristics are different.

Traditional commerce is characterized by many links, high cost and low efficiency, while e-commerce is the use of electronic tools to engage in business activities.

3.The composition is different.

The transaction process of traditional business is the actual operation steps and processing process of an enterprise in the process of carrying out a specific business transaction, which is composed of pre-transaction preparation, negotiation, contract and execution, payment and clearing. E-commerce is a business activity carried out through network communication technology. Scholars, and business people from all over the world are different according to their own status and the angle and degree of participation in e-commerce.

The difference is in the means.

The essence is all the same.

E-commerce is the use of the Internet to do business.

Traditional business doesn't need to be explained.

E-commerce, as the name suggests, refers to business activities carried out on the Internet. In a narrow sense, e-commerce is also electronic transactions, which mainly refer to the use of the means of communication provided by the Internet to conduct online transaction activities, including buying and selling products and providing services. In a broad sense, e-commerce also includes business activities within the enterprise, such as production, management, finance, etc., as well as business activities between enterprises, it is not only the combination of hardware and software, but also the buyers, sellers, manufacturers and partners in the Internet, intranet enterprise intranet and extranet extranet on the use of Internet technology and existing systems to combine business.

1.E-commerce transactions are more efficient than traditional commerce. Because the Internet standardizes the commercial messages in the **, the commercial messages can be transmitted and automatically processed by computers all over the world, and completed in the shortest possible time.

In the traditional way, the transmission of information by letter, fax and fax requires the participation of people, and each link takes a lot of time. Sometimes, due to personnel cooperation and working hours, the transmission time is delayed and the best business opportunities are lost. E-commerce overcomes the shortcomings of the traditional way, such as high cost, error-prone, and slow processing speed, which greatly shortens the transaction time and makes the whole transaction very fast

Transaction virtualization is carried out through the computer Internet network represented by the Internet, and the two parties do not need to be face-to-face from negotiation, contract signing to payment, etc., all are completed through the computer Internet network, and the entire transaction is completely virtualized. 3. The transaction cost of e-commerce is also greatly reduced. 4 And the transaction is more transparent.

The whole transaction process between the buyer and the seller from the negotiation and signing of the transaction, the payment of the payment, and the delivery notice are carried out on the Internet.

E-commerce is a type of pinning.

Sales means, traditional business is a sales model, even if it is online shopping, it is inseparable from traditional logistics and distribution.

Traditional business is an offline physical store operation, one-to-one sales model, limited by geography and time, relying on word-of-mouth and distribution of flyers to publicize, without the need for logistics. E-commerce is an online sales online operation, not affected by any factors, is a one-to-many sales model, mainly by advertising, information, network and other means of publicity, logistics is an important part of the e-commerce link.

Compared with traditional commerce, e-commerce transactions are virtualized, transaction costs are low, instant production and sales are real-time, and inventory costs are reduced. Any transaction is linked to information, business flow, capital and logistics. The development of e-commerce is the biggest application trend on the Internet, a new form of international economic and trade, a new means of China's economic life, and a new topic for China's security and confidentiality management.

Traditional commerce and e-commerce complement each other, and e-commerce will not replace traditional commerce, the two are inseparable.

E-commerce differs from traditional business models in three ways:

First, the operation process of the two is different:

1. The operation process of e-commerce model: Although the operation process of e-commerce also has pre-transaction preparation, negotiation, contract signing and execution, and payment of funds, the specific operation methods used in the transaction are completely different. In the mode of e-commerce, the preparation before the transaction and the supply and demand information of the transaction are generally obtained through the network, so that the communication of information between the two parties has the characteristics of fast and efficient.

The negotiation process of the two parties in e-commerce is to turn the paper documents into electronic documents and realize the transmission on the network; The signing and execution of the contract, the network protocol in the e-commerce environment and the function of the e-commerce application system ensure the correctness and reliability of all transaction negotiation documents of both parties to the transaction.

In addition, it has legal effect in the case of authorization by a third party, and can be used as an arbitration basis for disputes arising in the enforcement process; The payment of funds, the payment of funds for transactions in e-commerce generally takes the form of online payment.

2. The operation process of the traditional business model: The practical operation in the transaction process of the traditional business consists of pre-transaction preparation, negotiation, contract and execution, payment and clearing. Among them, the preparation before the transaction is that both parties to the transaction understand the supply and demand information of the product or service, and then begin to enter the specific transaction negotiation process, which is actually the oral negotiation or written document transmission process between the two parties to the transaction.

Written documents include inquiry sheets, purchase contracts, invoices, transport notes, invoices, acceptance documents, etc. Contract and execution process, in traditional business activities, the transaction negotiation process is often completed through oral agreement, but after negotiation, the two parties to the transaction must sign a commercial contract with legal effect in writing.

Finally, the payment process, the payment of traditional business activities generally has two ways: check and cash, and the check method is mostly used in the transaction process of enterprises.

Second, the geographical scope and commodity scope involved in the two are different:

1. The geographical scope and commodity scope involved in the e-commerce model: The geographical scope and time involved in e-commerce are infinite and transcend time and space.

2. The geographical scope and commodity scope involved in the traditional business model: The geographical scope and commodity scope involved in traditional business are limited.

3. The commodity circulation mechanism of the two is different

1. Commodity circulation mechanism of e-commerce model: the emergence of e-commerce enables each commodity to establish the most direct circulation channel, and manufacturers can directly deliver goods to users, and can also get the most valuable demand information from users to achieve unhindered information exchange.

2. The commodity circulation mechanism of the traditional business model: the commodity circulation under the traditional business is an "indirect" circulation mechanism. Most of the goods produced by manufacturing enterprises go through a series of intermediaries before they reach the end user.

E-commerce with.

Differences between traditional business models:

1) Transaction virtualization: In the form of transactions, traditional business is a close-distance spot transaction, and buyers and sellers communicate and negotiate face-to-face, and use traditional computing methods; E-commerce is through the electronic and networked process of the tangible market transaction process and the virtualization and diversification of the market form, so that buyers and sellers have a greater choice of time and space.

2) Low transaction costs: In terms of information transmission, traditional business uses letters, faxes, faxes to transmit information, or oral communication among staff, which requires a certain cost; E-commerce implements "paperless", buyers and sellers conduct business activities through the network, without the participation of intermediaries, reducing the relevant links of the transaction.

3) High transaction efficiency: the traditional contact transaction method delays a lot of time in personnel round-trip and information transmission, and sometimes due to the problem of personnel cooperation and working hours, the transmission time will be delayed and the best business opportunities will be lost; E-commerce uses network information transmission and computer automation to overcome the shortcomings of the traditional way such as high cost, error-prone and slow processing speed, which greatly shortens the transaction time and improves the efficiency of the entire transaction.

4) Transaction transparency: The whole transaction process between the buyer and the seller from the negotiation of the transaction, the signing of the contract, the payment of the payment, and the delivery notice are carried out on the Internet. Smooth and fast information transmission can ensure that all kinds of information are checked against each other and can prevent the circulation of forged information.

E-commerce is also known as online commerce, which is to communicate through the Internet. Engage in commercial activities. In order to achieve the final negotiation, communication, negotiation, transaction and other business activities.

If you are still confused, you can communicate with your partner alone.

E-commerce is a form of business that uses modern electronic communication equipment to carry out a wide range of business activities!! It overcomes the shortcomings of the limited purchase market of traditional commerce, and it is more convenient to buy products nationwide, even worldwide! However, the biggest problem of e-commerce is security, the identification of the authenticity of goods and the security of payment.

1. High efficiency;

2. Convenience;

3. Security;

4. Integration;

5. Scalability;

6. Coordination.

1. High efficiency;

2. Convenience;

3. Security;

4. Integration;

5. Scalability;

6. Coordination.