知识点三:购买人和海外代购人若构成委托合同关系的,购买人以海外代购的商品无中文标签违反我国法律规定为由,要求代购人承担销售者责任的,不应予以支持。
Knowledge point three: if the relationships between purchasers and oversea shopping representations belong to contract of mandate, purchasers accuse the products bought by oversea shopping representations for their lack of logo translated in Chinese and seek for oversea shopping representations’ responsibilities? the result is no!
小伙伴们,购买人和海外代购人形成委托合同关系,海外代购人如向购买人提供了采购小票和海外发货凭证,已履行作为受托人的注意义务及报告义务。在委托合同关系下,购买人以案涉商品无中文标签为由,主张承担责任,不应予以支持。
Dear friends: if the relationship between purchasers and oversea shopping representations are under control of contract of mandate and the representations can provide the oversea shopping proof and have fulfilled the responsibilities of themselves, the purchases do not have the right to accuse the bailees for the products’ lack of logo translated in Chinese.
编者按:随着我国对外开放力度加大,对外贸易变得极为寻常。随之而来的是涉外贸易纠纷的不断增多,为方便大家更好的掌握相关法律知识及专业术语,维护交易权益,笔者将与大家一同学习涉外法律基本常识,同时为大家免费提供法律咨询,欢迎大家关注、来信、留言。(QQ:709328826,邮箱:shamingyu666@126.com)。
Editor's Note:With the strengthening of China's opening up to the world, foreign trade has become extremely common. Accordingly, the disputes between different traders are increasing. In order to make you grasp the relevant legal knowledge and professional terms and maintain your rights, the author will learn the basic knowledge of foreign trade laws together with you. Meanwhile, he will wait for your consulting from now on. The most important is that all the services will be free as the author also want to improve the abilities of himself.(QQ:709328826,E-mail:shamingyu666@126.com)