DEALS
Zhong Lun Law Firm Wins Two New Cases for Amazon and Yihaodian
Zhong Lun Law Firm Wins Two New Cases for Amazon and Yihaodian
Zhong Lun Law Firm recently prevailed in two high profile lawsuits in Shanghai on behalf of Amazon and Yihaodian, respectively. The cases exemplify the new type of dispute that has emerged in the thriving e-commerce space in China in recent years.
The cases dealt with online shopping and involved two core questions:
• Whether the display of goods on an e-commerce platform constitutes an offer or an invitation to offer, and
• Whether an online order placed by the customer constitutes an offer or an acceptance.
Ultimately, the Shanghai court ruled that the display of goods on the e-commerce platform was only an invitation to offer, and that the online order was the offer.
The judgments show the tendency of courts in China to balance the protection of the rights and interests of consumers with e-commerce business operators’ duty of care and cost of correcting errors. The rulings assist e-commerce companies in reducing costs, while at the same time providing consumers with more and better goods and services. The cases should provide meaningful guidance and a drafting reference for the pending E-Commerce Law.
Zhong Lun partners Zhang Decai and Bao Wei led the projects, with support from Wei Guojun and Xia Ying.
