1. What is the cause of action of online shopping?
The cause of online shopping is a dispute over a sales contract.
2. What are the legal provisions on the causes of online shopping contract disputes?
(1) Agreement jurisdiction
The Civil Procedure Law stipulates that the parties to a contract may agree in a written contract to choose the people's court for jurisdiction over the defendant's domicile, the place where the contract is performed, the place where the contract is signed, the plaintiff's domicile and the place where the subject matter is located, but they shall not violate the provisions of this Law on hierarchical jurisdiction and exclusive jurisdiction.
If you have signed an agreement with the Taobao shop owner on the Taobao list or purchase voucher, you should exercise the right of appeal in the court of jurisdiction agreed in the agreement, that is, you can bring a lawsuit in the court agreed in the jurisdiction agreement.
(2) Under the jurisdiction of the people's court of the defendant's domicile or the place where the contract is performed.
If the two parties have not signed a jurisdiction agreement, they may bring a lawsuit for a contract dispute in accordance with Article 23 of the Civil Procedure Law of People's Republic of China (PRC), which shall be under the jurisdiction of the people's court of the defendant's domicile or the place where the contract is performed. Accordingly, the buyer of online shopping should be under the jurisdiction of the people's court of the seller's domicile or the place where the sales contract is performed, and you have the choice of both.
Regarding the choice of the place of performance of the contract, according to Article 19 of the Supreme People's Court's Opinions on the Application of Several Issues, if the parties to a sales contract agree on the place of delivery in the contract, the agreed place of delivery shall be the place of performance of the contract; If there is no agreement, the place of performance of the contract shall be determined by delivery. Where delivery is adopted, the place of delivery is the place where the contract is performed; For self-delivery, the place of delivery is the place of performance of the contract.
At this time, you need to consider which party paid the postage for your online shopping. If it is "package mail", it is equivalent to the seller's delivery. The seller gives the goods to the carrier, and the carrier delivers the goods to the buyer. At this time, the place of performance of the contract is the buyer's location; If it is "no postage", it is equivalent to the buyer picking up the goods himself, and the buyer entrusts the carrier to pick up the goods at the place where the goods are located. At this time, the place of performance of the contract is the location of the seller.
Third, the process of online shopping
(1) First, register your information completely on the website you want to log in. Online shopping generally adopts membership system. First, you must register as a member. Membership is free. When registering as a member, you should choose your password carefully. It is best to include uppercase and lowercase letters and numbers, so it is difficult for others to guess.
(2) Consumers turn on their computers in online virtual stores to watch at will and choose their favorite goods and things.
(3) After consuming the selected goods, determine whether to buy them through the following evaluation, and add them to your shopping cart after confirmation.
(4) Contact the seller through Want Want and ask about the characteristics and logistics of the goods.
(5) Consumers choose payment methods, such as credit card, debit card, memory card and electronic money. Pay the seller through AliPay. After choosing the goods to buy, the next step is to pay the bill. The real online shopping is of course to pay online. Taobao uses Alipay, Paipai uses Tenpay and Yi Bei uses Anpay, all of which are settled through online banking. The advantage is that the website is a third party, so the payment will be placed in the third party first. After receiving the goods, you will inform the third party to pay the seller, and the money and goods will be safe.
The above is a detailed introduction about what kind of cause of action online shopping belongs to. Generally speaking, online shopping is a contract dispute. Any dispute over the sales contract may bring a lawsuit to the people's court in the jurisdiction according to law.