It is a new business operation mode to realize online shopping, online trading and online electronic payment among merchants, as well as various business activities, trading activities, financial activities and related comprehensive service activities.
Governments, scholars and business people in various countries have given many different definitions according to their respective positions and different angles and degrees of participation in e-commerce.
The second is the aspects covered by e-commerce: commercial activities with information network technology as the means and commodity exchange as the center; It can also be understood as trading activities and related services in the form of electronic transactions on the internet, intranet and value-added network, which is the electronization, networking and informatization of all links of traditional commercial activities; Business activities based on the Internet all belong to the category of e-commerce.
E-commerce is divided into ABC, B2B, B2C, C2C, B2M, M2C, B2A (namely B2G), C2A (namely C2G), O2O, etc.
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According to the Electronic Commerce Law of the People's Republic of China:
Article 9 E-commerce operators mentioned in this Law refer to natural persons, legal persons and unincorporated organizations engaged in selling goods or providing services through information networks such as the Internet, including e-commerce platform operators, operators within platforms and e-commerce operators selling goods or providing services through self-built websites and other network services.
E-commerce platform operators mentioned in this Law refer to legal persons or unincorporated organizations that provide online business premises, transaction matching, information release and other services for two or more parties to independently conduct transactions in e-commerce.
The term "in-platform operators" as mentioned in this Law refers to e-commerce operators who sell goods or provide services through e-commerce platforms.
Article 10 E-commerce operators shall register market entities according to law. However, unless individuals sell their own agricultural and sideline products and household handicraft products, individuals do not need to obtain permission according to law, nor do they need to register according to laws and administrative regulations.
Eleventh e-commerce operators should fulfill their tax obligations and enjoy tax preferences according to law.
An e-commerce operator who does not need to register as a market entity according to the provisions of the preceding article shall, after the first tax payment obligation occurs, go through the tax registration in accordance with the provisions of laws and administrative regulations on tax collection management and truthfully declare and pay taxes.
Twelfth e-commerce operators engaged in business activities, according to the law need to obtain the relevant administrative license, it should be obtained according to law.
Article 13 The commodities sold or services provided by e-commerce operators shall meet the requirements of protecting personal and property safety and environmental protection, and shall not sell or provide commodities or services prohibited from trading by laws and administrative regulations.
Article 14 When selling goods or providing services, e-commerce operators shall issue purchase vouchers or service documents such as paper invoices or electronic invoices according to law. Electronic invoices and paper invoices have the same legal effect.
Article 15 An e-commerce operator shall continuously publicize the business license information, the administrative licensing information related to its business, the situation that it is not necessary to register the market subject according to Article 10 of this Law, or the link identification of the above information in a prominent position on its homepage.
If the information specified in the preceding paragraph changes, e-commerce operators shall update public information in a timely manner.
Article 16 If an e-commerce operator voluntarily terminates engaging in e-commerce, it shall continuously publicize relevant information in a prominent position on the homepage 30 days in advance.
Seventeenth e-commerce operators should fully, truly, accurately and timely disclose the information of goods or services, and protect consumers' right to know and choose. E-commerce operators shall not conduct false or misleading commercial propaganda, deceive or mislead consumers by fabricating transactions or user evaluation.
Article 18 When providing search results of goods or services to consumers according to their hobbies, consumption habits and other characteristics, e-commerce operators should also provide consumers with options that are not specific to their personal characteristics, and respect and protect the legitimate rights and interests of consumers equally.
When sending advertisements to consumers, e-commerce operators shall abide by the relevant provisions of the Advertising Law of People's Republic of China (PRC).
Article 19 tying goods or services by e-commerce operators shall draw consumers' attention in a conspicuous way, and tying goods or services shall not be regarded as an option agreed by default.
Twentieth e-commerce operators should deliver goods or services to consumers in the way and within the time limit promised or agreed with consumers, and bear the risks and responsibilities in the transportation of goods. However, unless consumers choose another express logistics service provider.
Twenty-first e-commerce operators in accordance with the agreement to collect the deposit from consumers, it should clearly indicate the way and procedure of deposit refund, and shall not set unreasonable conditions for deposit refund. If the consumer applies for refund of the deposit and meets the conditions for refund of the deposit, the e-commerce operator shall refund it in time.
Article 22 If an e-commerce operator has a dominant position in the market because of its technological advantages, the number of users, its control over related industries and the dependence of other operators on the e-commerce operator in transactions, it shall not abuse its dominant position to exclude or restrict competition.
Twenty-third e-commerce operators should abide by the provisions of laws and administrative regulations on the protection of personal information when collecting and using users' personal information.
Twenty-fourth e-commerce operators should clearly indicate the methods and procedures for user information inquiry, correction, deletion and user cancellation, and must not set unreasonable conditions for user information inquiry, correction, deletion and user cancellation.
When an e-commerce operator receives an application for inquiring, correcting or deleting user information, it shall provide the inquiry, correction or deletion of user information in time after verifying its identity. If the user cancels, the e-commerce operator shall immediately delete the user information; If it is preserved in accordance with the provisions of laws and administrative regulations or agreed by both parties, such provisions shall prevail.
Twenty-fifth relevant departments in accordance with the provisions of laws and administrative regulations, to provide e-commerce operators with data and information related to e-commerce, e-commerce operators should provide.
Relevant competent departments shall take necessary measures to protect the safety of data and information provided by e-commerce operators, keep personal information, privacy and business secrets strictly confidential, and shall not disclose, sell or illegally provide them to others.
Twenty-sixth e-commerce operators engaged in cross-border electronic commerce shall abide by the laws, administrative regulations and relevant provisions of the state on import and export supervision and management.
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