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[In recent years, more and more consumer contracts have a transnational character. With the development of new business models in particular via the Internet and the logistics industry, consumers are no longer restricted to deal with domestic traders. Now they have more options. For example, if a Chinese consumer is not satisfied with domestic dairy products, she can simply buy milk powder from the Dutch producer Nutrilon through Nutrilon’s official e-shop on the e-commerce marketplace Tmall. From a trader’s perspective, it is also much easier nowadays to expand business abroad to earn more profits. They may not only set up a branch, which is a traditional way to sell products to foreign consumers, but also use their web-shop or an e-commerce marketplace without leaving their own countries. No matter which approach these traders use, it raises an incentive to become acquainted with the consumer law of the country in which they sell their products. This is because consumers can always claim rights conferred by their domestic consumer law. The domestic law of different jurisdictions may considerably differ from each other, so traders may not take advantage of their old domestic experience to handle new situations. Without the awareness of the target jurisdiction’s legal rules on consumer contracts, a trader may suffer great loss due to non-compliance.]
Published: Feb 8, 2019
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