Law Name：Matters to be Included and Excluded in the Online Transaction Standard Form Contract for Retailers and OthersCH
Promulgated by Order Jing-Shang-Zi No. 09902412200 of the Ministry of Economic Affairs on June 21, 2010
Point 5 of Matters to be Included in the Online Transaction Standard Form Contract for Retailers and Others amended and promulgated by Order Jing-Shang-Zi No. 10502418810 of Ministry of Economic Affairs on July 15, 2016
Point 5 of Matters to be Included in the Online Transaction Standard Form Contract for Retailers and Others amended and promulgated by Order Jing-Shang-Zi No. 10502418810 of Ministry of Economic Affairs on July 15, 2016
Law Content:
The announcement is applicable to the standard contract entered into with consumers via online networks by the retail business governed by the Ministry of Economic Affairs, excluding the transactions conducted by anyone other than enterprise owners via online networks.
The online transactions covered by the announcement, other than requirements about "matters to be included and excluded", shall not be exempted from the restrictions provided in this announcement, insofar as they are related to the standard contract for online transactions.
Matters to be Included in the Online Transaction Standard Form Contract for Retailers and Others
Matters to be Excluded in the Online Transaction Standard Form Contract for Retailers and Others
The online transactions covered by the announcement, other than requirements about "matters to be included and excluded", shall not be exempted from the restrictions provided in this announcement, insofar as they are related to the standard contract for online transactions.
Matters to be Included in the Online Transaction Standard Form Contract for Retailers and Others
1.Information about enterprise owner
The enterprise owner's name, responsible person, tel. no., email address and business place.
2.Interpretation under standard contract
In the case of dispute arising from the terms and conditions referred to in the contract, they shall be interpreted in favor of consumers.
3.Information about merchandise
The product descriptions, price, contents, specifications, model number and other information shown on the transaction page shall constitute a part of the contract.
4.Representation in electronic form
Both parties agree to make representation in electronic form.
5.Acknowledgment system and performance of contract
Enterprise owner shall provide the categories, the quantity, and the price of the merchandise as well as other substantial information with an acknowledgment system to consumers before making the contract; and shall fulfill the contract after the contract in formed.
6.Maximum purchase quantity
If necessary, the enterprise owner may set the maximum purchase quantity per consumer with respect to specific merchandise.
Where consumers place any order exceeding the maximum quantity set by the enterprise owner, the owner may still ship the merchandise at the quantity no more than the maximum purchase quantity set by it.
7.Destination and mode of delivery
The enterprise owner shall provide the destination and mode of delivery electable by consumers, and deliver the merchandise subject to consumers' option.
8.Payment terms
The enterprise owner shall provide consumers with the statement about the payment terms for reference.
Where any micro credit loan or other obligation arises from the payment terms provided by the enterprise owner, the owner shall advise consumers of it voluntarily and explain the subject matter of the obligation, calculation of interest, and whether any credit insurance or guarantor is secured or involved.
9.Freight
The enterprise owner shall specify the pricing and payment of freight; otherwise, the freight will be held borne by the owner independently.
10.Return of Merchandise and Termination
Consumers may exercise the relevant rights in accordance with Paragraph 1 of Article 19 of Consumers Protection Law.
11.Personal data protection
The enterprise owner shall comply with the laws and regulations related to personal data protection.
12.Response to false use of user name and password
Upon awareness of any false use of a consumer's user name and password, the enterprise owner shall suspend the processing of transactions conducted through the user name and subsequent use of the user name immediately.
13.System security
The enterprise owner shall ensure that the security of the computer system in which it enters into transactions with consumers shall meet general and reasonable expectations.
14.Settlement of dispute
The enterprise shall state the complaint and dispute settlement mechanism, procedure and contact information applicable to a dispute over merchandise, if any.
Matters to be Excluded in the Online Transaction Standard Form Contract for Retailers and Others
1.Exercise of rights to personal data
No consumer waiver shall be required, nor shall exercise of the following rights to personal data be limited in the contract:
(1)Inquiry and request for review
(2)Request for reproduction
(3)Request for supplementation or correction
(4)Request for suspension of collection, processing and use
(5)Request for removal
2.Use of personal data for any purposes other than those contemplated in the contract
No provision stating that consumers' personal data may be utilized for any purposes other than those contemplated in the contract shall be included in the contract.
3.Prohibition of unilateral amendments to the contract
No provision stating that any amendments to the specifications, origin of product and accessories of the merchandise may be made by the enterprise owner unilaterally and that no object may be made by consumer shall be included in the contract.
No provision stating that the enterprise owner may alter the contract unilaterally shall be included in the contract.
4.Termination of contract and exemption from indemnity
No provision stating that the enterprise owner may terminate or rescind the contract arbitrarily shall be included in the contract.
No exemption of the enterprise owner from the indemnity resulting from termination or rescission of the contract shall be included in the contract.
5.Consumers' right to rescind or terminate the contract
No consumers' waiver to exercise the right to rescind or terminate the contract or restrictions on the same right vested in consumers pursuant to laws shall be included in the contract.
6.Advertisement
No provision stating that advertisements are provided for reference shall be included in the contract.
7.Exclusion of evidence
No provision stating that the dispute, if any, shall be settled only based on the e-transaction data maintained by the enterprise owner shall be included in the contract.
8.Jurisdiction
No waiver of the jurisdiction over the small claims defined in Article 47 of Consumers Protection Law or Article 436-9 of the Code of Civil Procedure shall be included in the contract.