Chapter III  Formation and Performance of E-Commerce Contracts 

Article 47  The formation and performance of contracts by e-commerce parties shall be governed by this Chapter, the General Provisions of the Civil Law of the People's Republic of China, the Contract Law of the People's Republic of China, the Electronic Signature Law of the People's Republic of China, and other laws.   

Article 48  The act of e-commerce parties entering into or performing a contract by using an automatic information system shall have legal effect on the parties using such a system.

Parties in e-commerce shall be presumed to have corresponding capacity for civil conduct, unless evidence to the contrary is sufficient to rebut the presumption. 　

Article 49  Where the information on goods or services published by an e-commerce operator meets the conditions for constituting an offer, a contract shall be deemed concluded once a user successfully places an order for the goods or services he chooses, unless otherwise agreed by the parties. 

An e-commerce operator shall not stipulate by standard clauses, or any other means, that a contract is not formed even after a consumer has paid. Where standard clauses, among others, contain such terms, the terms shall be invalid. 　

Article 50  E-commerce operators shall clearly, fully, and explicitly inform users of the procedures for forming contracts, matters that need attention, and download methods, etc., and ensure convenient access to and download of such information in full by users. 

E-commerce operators shall provide access for users to correct any input error before submitting an order. 　

Article 51  Where the subject matter of a contract is delivery of goods by courier and logistics services, delivery time shall be the time when the addressee signs for the receipt of goods. Where the subject matter of a contract is delivery of services, delivery time shall be as specified in the document of proof so created in electronic or paper form. Where the said document specifies no time, or the time specified thereby is not the time when the services are actually provided, delivery time shall be the time of the actual provision of services. 

Where the subject matter of a contract is to be delivered by means of online transmission, delivery time shall be the time when the subject matter enters the particular system designated by the addressee and is capable of being retrieved and identified. 

Where the parties to a contract otherwise agree upon the way or time for delivery, the agreement shall prevail. 

Article 52  E-commerce parties may agree upon delivery of goods through courier and logistics services.　

Courier and logistics service providers for e-commerce shall comply with laws and administrative regulations, and observe promised service specifications and time limits. When courier and logistics service providers deliver goods, they shall remind the addressees to check the goods in their presence; or, with the consent of the addressees, they may deliver the goods to the designated persons for collection.

Courier and logistics service providers shall use environmentally friendly packaging materials as required, to recycle and reduce the use of packaging materials.

Courier and logistics service providers may, in addition to providing courier and logistics services, collect payments if so delegated by e-commerce operators. 

Article 53  E-commerce parties may agree upon the use of electronic payment.   

Electronic payment service providers shall comply with State provisions, inform users of the functions, user instructions, matters that need attention, relevant risks, and fee rates of electronic payment services, with no unreasonable transaction conditions attached. Electronic payment service providers shall ensure that electronic payment instructions are integral, consistent, traceable, verifiable, and tamper-proof.

Electronic payment service providers shall provide, free of charge, users with statements of account and transaction records of the latest three years. 

Article 54  Electronic payment service providers shall assume compensation liability for the damages caused to users by providing electronic payment services in violation of requirements of the State for payment security management.   

Article 55  Before issuing payment instructions, users shall verify the complete information in the instructions, including the amount of payment and the payee.   

Where error occurs to payment instructions, electronic payment service providers shall find out the reasons in a timely manner and take relevant measures to correct such error and shall assume compensation liability for the damages caused to users, unless the service providers prove that the error was not caused by them. 

Article 56  Electronic payment service providers shall, upon completion of electronic payment, provide users with timely and accurate information on the acknowledgment of payment in a manner as agreed upon.   

Article 57  Users shall properly keep their transaction passwords, electronic signature data and other security tools. Where users become aware of loss or theft of their security tools, or unauthorized payment, they shall notify the electronic payment service providers in a timely manner. 

Electronic payment service providers shall be liable for the damages resulting from any unauthorized payment; however, they shall not be liable if they prove that the unauthorized payment was caused by the fault of the users.

When electronic payment service providers become aware of unauthorized payment instructions or receive notices of unauthorized payment instructions from users, they shall promptly take measures to prevent subsequent damages. If the electronic payment service providers fail to do so, they shall be liable for such subsequent damages.

Chapter IV  Settlement of E-Commerce Disputes 

Article 58  The State encourages e-commerce platform operators to develop a goods and service quality assurance mechanism favorable to e-commerce development and protection of consumer rights and interests. 

Where e-commerce platform operators and on-platform business operators set up deposits for consumer right protection by agreement, the parties shall explicitly stipulate the amount of deposits to be withdrawn and the management, use, and refunding, etc. of deposits. 

Where a consumer requires an e-commerce platform operator to first pay compensation, and the e-commerce platform operator, after making the payment, intends to recover the payment from the relevant business operator on the platform, the Law of the People's Republic of China on the Protection of Consumer Rights and Interests shall apply.  

Article 59  E-commerce operators shall develop convenient and effective complaining and reporting mechanisms, publish information such as the means of complaining and reporting , and accept and settle complaints and reports in a timely manner.   

Article 60  E-commerce disputes may be settled by reconciliation through consultation, or mediation by consumer organizations, industry organizations, or other mediation organizations established in accordance with law, or by filing complaints to the relevant authorities, or by arbitrations or court actions, etc.   

Article 61  Where a consumer purchases goods or services on an e-commerce platform and is involved in a dispute with an on-platform business operator, the e-commerce platform operator shall help the consumer to protect his lawful rights and interests. 

Article 62  An e-commerce operator shall, in the course of settling an e-commerce dispute, provide the original contract and transaction records. Where the people's court, arbitral institution, or relevant authority is unable to ascertain the facts because that the e-commerce operator loses, fabricates, tampers, destroys, conceals, or refuses to provide the aforesaid information, the e-commerce operator shall assume corresponding legal liability.   

Article 63  E-commerce platform operators may establish online dispute settlement mechanisms, develop and publish dispute settlement rules, and fairly and equitably settle the disputes between parties based on the principle of voluntariness.   

Chapter V Promotion of E-Commerce 

Article 64 The State Council and the people's governments of provinces, autonomous regions and municipalities directly under the central government shall include e-commerce development in their economic and social development plans, make well-conceived and reasonable industry policies, and promote innovative e-commerce development. 

Article 65  The State Council, local people's governments at or above the county level, and their relevant departments shall take measures to support and boost green packaging, warehousing, and transportation to promote green development of e-commerce. 

Article 66  The State shall strive to develop e-commerce infrastructure and logistics networks, enhance the e-commerce statistics system and improve the system of e-commerce standards.   

Article 67  The State shall advance the application of e-commerce in every sector of the economy and support the integrated development of e-commerce and all industries.　

Article 68  The State shall endeavor to promote the application of internet technologies in agricultural production, processing and circulation, etc., encourage social resources to further cooperate with each other, push forward rural e-commerce development, and fully employ e-commerce in targeted poverty alleviation.   

Article 69  The State shall ensure e-commerce transaction security, protect e-commerce user information, encourage e-commerce data development and application, and protect the lawful, orderly and free flow of e-commerce data.

The State shall take measures to facilitate the establishment of a public data sharing mechanism and encourage e-commerce operators to legally use public data.  

Article 70  The State shall support legally-established credit rating institutions in rating e-commerce credit and providing the public with e-commerce credit rating services.   

Article 71  The State shall facilitate the development of cross-border e-commerce, establish and improve administrative systems for customs, taxation, entry-exit inspection and quarantine, payment and settlement, etc., in line with the features of cross-border e-commerce, facilitate each stage of cross-border e-commerce, and support cross-border e-commerce platform operators providing warehousing, logistics, customs declaration, entry-exit inspection and quarantine declaration, and other services for cross-border e-commerce. 

The State shall support small and micro enterprises in cross-border e-commerce.

Article 72  The import-export regulatory authorities of the State shall advance the building of the comprehensive service and regulatory systems for cross-border e-commerce in respect of customs declaration, tax payment, and entry-exit inspection and quarantine, etc., improve the regulatory process, promote information sharing, mutual recognition for regulation purposes, and mutual assistance in law enforcement, and improve the efficiency of the services for and regulation of cross-border e-commerce. Cross-border e-commerce operators may complete relevant formalities with the import-export regulatory authorities by submitting electronic documents. 

Article 73  The State shall make endeavors to enhance e-commerce exchange and cooperation with other countries and regions, participate in the making of international e-commerce rules, and promote the international authentication of electronic signature and electronic identities.

The State shall push forward the establishment of cross-border e-commerce dispute settlement mechanisms with other countries and regions.