Comment lawyer reminder! Online stores can avoid "stepping on the pit" by choosing agent operation like this
Right way 2020-11-26 18:24:09
In recent days, , Upstream news 《 It's said to be fully refunded 6200 Yuan online shop service fee Why is takeaway only refundable 4000 element ?》 One article , This paper reports the commission contract dispute caused by online shop agent operation . The client is unable to claim his rights and interests due to the lack of service terms and payment certificates . This has also sounded the alarm bell for the majority of business friends , The rapid development of e-commerce , Let many businesses want to open their own online shop , But many people don't know how to run an online store , So there are a lot of shop owners choose to manage the shop on behalf of the operating company .

Online store operation , It is the daily operation of online stores 、 management 、 marketing 、 Promotion and other work is entrusted to the professional online shop agent operation company , With fast 、 Effectively improve the trading volume and core competitive advantages of online stores , After the seller entrusts the shop to the net shop agent operation company , You can save a lot of energy . Generally speaking , Online shop agent operation is divided into the following several :1. One stop agent operation service , The shop owner is only responsible for the delivery of goods ;2. Single store hosting , The product is sold directly to the agent company ;3. Customer service 、 Art Designer 、 Paid promotion services such as hosting , Operation and other core matters are still handled by the enterprise itself .

In essence , The parties to the agency operation contract have established a legal relationship of entrustment , according to 《 The contract law of the people's Republic of China 》 Article 397 “ The principal may specially entrust the agent to handle one or more affairs , It can also be summarized as entrusting the trustee to handle all affairs ” And 399 “ The agent shall handle the entrusted affairs in accordance with the instructions of the principal ” The provisions of the , The shop side and the acting operation company can reach an agreement on the entrusted matters and agree on the contents of the contract , During the performance of the contract , The shop owner thinks that it is not in accordance with the contract to perform the obligations on behalf of the operating company , It has not achieved the effect of agent operation service , The liability for breach of contract of the acting operating company can be investigated .

As a shop owner , It should be the one who knows the needs of store operation , Before choosing a company to operate on behalf of , First of all, we should make clear what kind of agency operation service type is most suitable for the development needs of stores , Choose the most suitable service for your own needs . During the establishment of the contractual relationship , We should also pay attention to keep the contract text and transfer voucher , To provide evidence support for the subsequent performance of contract obligations and their own rights protection .

At the same time, it should be noted that , There are a lot of reports about the fraud of agent operation service , There are many generations of operating companies through active contact 、 Attract shop owners to put in advertisements on the Internet , After the customer purchases the agent operation service , The company placed false orders , Cheat customers to trust , Make the victim think the service is effective , Trick the victim into renewing his contract , Pay a higher fee , To achieve the purpose of further fraud .

Here to remind the majority of shopkeepers , When choosing generation operation service, we must keep our eyes open , Can pass the national enterprise credit information publicity system first 、 China judicial documents open network and other platforms to query the industrial and commercial registration of acting companies 、 Information such as litigation situation , After a comprehensive understanding, we can decide whether to sign a contract with the other party , To avoid falling into the other side's fraud routine , This not only protects their own property interests , It also helps to eliminate the environment of Qing Dynasty's operation and service market as soon as possible .

Lawyer of Chongqing Zhongyao law firm Chen Yuanjia / writing

Upstream journalist Chen Ying / Arrangement

( The views expressed herein are those of the author only , Does not represent the position of upstream news .)

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