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近日,对外经贸大学消费者保护法研究中心与北京市第三中级人民法院联合召开了“新《消法》实施一周年:新问题与新挑战学术研讨会”。会上,与会专家就网购合同成立的条件,格式合同的认定以及举证难等问题进行了探讨,并就此提出了相关维权建议。商品信息:属要约还是要约邀请一家B2C购物网站以市场1/10的价格出售某家用电器,许多消费者下单付款之后,网站却声称是工作人员标错了价格,取消了订单,从而被消费者告上法庭。网站抗辩称,其在网上发布的商品信息属于要约邀请,消费者下订单属于要约,只有网站确认定单发货,合同才成立。
Recently, the Consumer Protection Law Research Center of the University of International Business and Economics jointly held the “New” Consumer Law “The First Anniversary of Implementation: Symposium on New Issues and Challenges” jointly with the Third Intermediate People’s Court of Beijing. At the meeting, participating experts discussed the conditions for the establishment of online shopping contracts, the confirmation of the format contracts and the difficulty in providing evidence, and put forward relevant suggestions on safeguarding rights. Product Information: an offer or offer to invite a B2C shopping site to sell a household appliances at a price of 1/10 of the market, many consumers pay the order, the site claimed that the staff member was the wrong price, canceled the order, which is consumed To the court. The website contends that the product information posted on the Internet is an invitation to make an offer. Consumers place an order as an offer, and the contract is valid only when the website confirms the order is shipped.