According to relevant laws and regulations, e-commerce operators shall perform the following contractual obligations:
1. quality of goods or services: e-commerce operators should provide qualified goods or services that meet national standards and agreed specifications. If the goods have quality problems or the service does not meet the promise, consumers have the right to demand return, exchange or compensation.
2. Time and method of delivery: E-commerce operators shall deliver goods or provide services according to the time and method agreed in the contract. If the goods are not delivered on time or services are not provided, consumers have the right to demand a refund of the purchase price or claim compensation.
3. Information disclosure: E-commerce operators should provide consumers with true, accurate and complete information about goods or services, including performance, specifications, price, place of origin, production date, etc. If there is false propaganda or concealment of key information, consumers have the right to demand return, compensation or return the paid money.
4. After-sales service: E-commerce operators should provide after-sales service, including return and maintenance. If e-commerce operators refuse to provide after-sales service or fail to solve the problem, consumers can safeguard their rights and interests through legal channels.
If an e-commerce operator fails to fulfill its contractual obligations, consumers can take the following measures to safeguard their rights and interests:
1. Negotiation settlement: First, consumers can negotiate with e-commerce operators to ask them to fulfill their contractual obligations or settle disputes through negotiation.
2. Complaints and reports: If negotiation fails, consumers can complain and report to the relevant regulatory authorities and ask them to intervene in mediation or handling.
3. Legal channels: If none of the above methods can solve the dispute, consumers can protect their rights and interests through legal channels, including prosecution and application for arbitration.
In short, it is illegal for e-commerce operators not to perform their contractual obligations, and consumers have the right to safeguard their legitimate rights and interests according to law. At the same time, e-commerce operators should also strengthen self-discipline, fulfill contractual obligations, improve service quality and promote the healthy development of e-commerce.
The legal consequences of e-commerce operators' breach of contract depend on specific circumstances and relevant legal provisions. According to the provisions of the contract law, e-commerce operators may face the following legal consequences if they fail to perform their contractual obligations: First, they may be required to bear the liability for breach of contract, including paying liquidated damages and compensating for losses; Second, it may be required to perform contractual obligations, that is, enforce the contract; Third, it may lead to damage to reputation and affect business reputation and customer relations; Fourth, it may face legal risks such as consumer complaints, administrative penalties or lawsuits. In addition, according to relevant laws and regulations, consumers can also seek compensation through rights protection. Therefore, e-commerce operators should conscientiously fulfill their contractual obligations and abide by relevant laws and regulations to avoid legal consequences caused by breach of contract.
Legal basis:
Electronic Commerce Law of the People's Republic of China;
Chapter II E-commerce Operators
Section 2 E-commerce platform operators Article 46 In addition to the services specified in the second paragraph of Article 9 of this Law, e-commerce platform operators may provide warehousing, logistics, payment and settlement, distribution and other services for e-commerce among operators in accordance with platform service agreements and trading rules. Operators of e-commerce platforms shall abide by laws, administrative regulations and relevant provisions of the state when providing services for e-commerce between operators, and shall not conduct transactions by centralized bidding, market makers and other centralized trading methods, or conduct standardized contract transactions.