Tài liệu E-contracting & e-contracts pptx

Foreign Trade university Foreign Trade university Nguyen Van Thoan Head of Ecommerce Department E-contracting & e-contracts Ecom - FTU - ThS. Nguyen Va n Thoan E-contracts E-contracts E-contracting E-contracting Slide 3 E-commerce Processes & Strategies - 2004 Case 1 October 25th, A (Australia) sent an e-mail to B(Hanoi) asking B to design a website for A s shop. B replied by e-mail that ’ A s requirement can be done well, and suggested that they ’ should sign a contract November 2nd, A sent another email describing all the details of the requirements for the website. In the email, A stated that B, please let me know if you can meet this “ requirements by this Friday. Reply by email is OK ” On November 3 rd , Friday, B replied by email the job has been “ started . A saw this email but had not opened it. After the ” weekends, A came to office but he had changed his mind, he did not want B to design the website for him. Slide 4 E-commerce Processes & Strategies - 2004 Case 1 Questions Q1. Between A and B, is there a contract If so, where and when is the contract formed? Options 1: There has been a contract A sent the order, B accepted Time and place in location of B’s office (Hanoi) Options 2: There has not been any contracts A -----> Order -----> B A <----- Accept <---- B There has been no contracts A ------> Confirm -----> B At this time there is a contract Note: Two parties should stated where and when contract formed or which law is aplicable also how to settle if disputs arise. - Q2. Is there any differences if B’s mail server located in USA? - Q3. Is there any differences if B’s email only gets into A’s information system on Sunday morning? http://www.swlearning.com/blaw/blt/blt6e/comprehensiv e/comprehensive6e.html http://blt.westbuslaw.com Case 2 Seller (Vietnam) and Buyer (Japan) met at a Trade Fair in Hanoi and negotiated a contract on 4 th June 2005 - Product: 5.000 ceramics vases (sample agreed) - Price: 2 USD/pc FOB HaiPhong port, Vietnam - Delivery: 45 days after signing of contract - Payment: TTR 50% in advance, 50% after delivery - Port of delivery: Yokohama, Japan Case 2  June 11 th , Buyer (Japan) required Seller to draft a contract with agreed articles  Seller sent an email with the agrees articles as contract, ending with: Best regards Nguyen Van NB DIRECTOR  Buyers replied by email with Agreed and ending “ “ with Best regards Yoko Hasagawa DIRECTOR Case  One month later, July 11, Buyer (JP) sent an email requiring Seller to reduce the price by 10% due to bad market situations  On the same day, Seller replied saying that NOT agree and that both sides should follow the signed contract  On July 25, Buyer sent an email saying that if Seller do not reduce the price, they will not take the shipment Case 2 Questions  Is there a contract binding responsibilities of two parties  When and where the contract is formed?  To avoid this issues, what should Seller do? Ecom - FTU - ThS. Nguyen Van Thoan Ecom - FTU - ThS. Nguyen Van Thoan Sources for online e-commerce laws 1. UNCITRAL Model Law on Electronic Commerce (1996) 2. U.S. Uniform Electronic Transaction Act (UETA) (1999) 3. EU Directive on Digital Signature (1999) 4. EU Directive on E-Commerce (2000) 5. UNCITRAL Model Law on Electronic Signatures (2001) 6. U.S. Electronic Signature Act (2001) G. Olivieri : Law of E-Commerce Hong Kong Summer Course 2002 [...]... khẳng định một cách đầy đú ý định sẵn sàng chấp nhận trách nhiệm khi chào hàng đó được chấp nhận Một thư điện tử gửi đến nhiều người không được coi là chào hàng trừ khi có quy định cụ thể khác Thank you q&A . of Ecommerce Department E-contracting & e-contracts Ecom - FTU - ThS. Nguyen Va n Thoan E-contracts E-contracts E-contracting E-contracting Slide 3. been any contracts A -----> Order -----> B A <----- Accept <---- B There has been no contracts A ------> Confirm -----> B At this time there