Signature and validity of e-commerce procurement contracts: key elements and legal interpretation

In the e-commerce industry, the relationship between the signature of a purchase contract and its legal validity is crucial. The validity of a contract not only relies on signature and seal, but is also subject to a variety of legal provisions. In this regard, this article will conduct an integrated analysis of relevant legal knowledge on e-commerce procurement contracts to help e-commerce companies and suppliers better understand the role of signature and its legal effect.

Legal effect of signature

Signature is an expression that both parties have no objection to the contract. The contract usually becomes legally binding after both parties sign it. However, whether a contract is valid often depends on multiple factors, such as whether the contract is fraudulent or complies with specific signing procedures. For example, some contracts require the fingerprints of both parties before taking effect. If such requirements are not met, the contract will not be legally binding.

1. The relationship between signature and seal

Generally, a contract is legally effective only when one of the signatures and seals exists. In order to protect their own interests, e-commerce companies can require suppliers to sign and stamp at the same time. Formal suppliers usually use official seals or special contract seals to sign contracts, and it is even more common to add a seam seal to the signature.

2. Is a contract without signature valid?

According to Article 37 of the Contract Law, if the form of a contract already exists and one party has performed its main obligations before signing and is accepted by the other party, the contract will be deemed to be established. However, the actual situation requires specific analysis. For example, when both parties fail to sign and fail to perform their main obligations, the contract will not be established.

3. The validity of the contract signed by the resigned employee

The contract remains valid even if the person responsible for signing the contract leaves the company, as long as that person signed on behalf of the supplier and was fully authorized at the time of signing. In this case, the contract still has legal effect, especially if the e-commerce company has paid the relevant payment during the performance process, the contract should continue to be performed even if the supplier claims to leave the company.

4. The impact of signing by persons without signing authority

Faced with the issue of signature rights, only authorized persons have the legal effect of signing a contract. A contract is usually not valid if it is not signed by the authorized person. However, a contract may be deemed valid if the parties have partially performed it and either party has accepted performance, even though the signatory did not have full authority.

Signature and legal risk management

E-commerce companies need to be cautious when signing contracts to ensure that the signed contracts are legally binding and avoid legal risks caused by improper forms. Here are some key takeaways:

• Review contract content: Before signing and sealing, e-commerce companies should carefully review the terms of the contract to ensure the authenticity and legality of the information.
• Ensure the legitimacy of the signature authority: Confirm that the signer has the legal authority to sign and holds a power of attorney to ensure the validity of the contract.
• Good communication: In order to avoid unnecessary disputes, e-commerce companies should maintain good communication with suppliers and ensure that both parties have a consistent understanding of the terms of the contract.

By following the above guiding principles, e-commerce companies and their partners can more effectively manage the legal risks of contracts and ensure that contracts are legally effective and effectively performed after signing.