If the contract is electronic, a confirmation letter must be signed in advance, otherwise the contract will be invalid.
Since it is a contract, it needs to be signed by both parties. If the parties enter into a contract in the form of a contract, the contract shall be established when the parties sign, seal or press their fingerprints. Before signing, sealing or fingerprinting, one party has fulfilled its main obligations, and the contract is established when the other party accepts it.
legal ground
Article 490 of the General Principles of the Civil Law When concluding a contract, if the parties conclude the contract in the form of a contract, the contract shall be established when the parties sign, seal or fingerprint it. Before signing, sealing or fingerprinting, one party has fulfilled its main obligations, and the contract is established when the other party accepts it.
A contract shall be concluded in written form as stipulated by laws, administrative regulations or agreed by the parties. If the parties do not do this in writing, but one party has fulfilled its main obligations and the other party accepts it, the contract is established.
Article 491 Where the parties conclude a contract by means of letters or data messages, they are letters, data message form contracts and network contracts. It is also required to sign a confirmation letter, and the contract is established when the confirmation letter is signed.
If the information of a commodity or service released by one party through information networks such as the Internet meets the conditions of the offer, the contract is established when the other party successfully selects the commodity or service and submits the order, unless otherwise agreed by the parties.
The place where the contract is established is the place where the promise takes effect.
Where a contract is concluded in the form of a data message, the recipient's principal place of business is the place where the contract is established; If there is no main place of business, the domicile shall be the place where the contract is established. Unless otherwise agreed by the parties, such agreement shall prevail.
Article 493 Where a contract is concluded by the parties in the form of a contract, the place where the contract is finally signed, sealed or fingerprinted is the place where the contract is established, unless otherwise agreed by the parties.
Article 494 Where a contract is concluded according to the national ordering task or mandatory task and a mandatory offer or commitment is made, and the state issues the national ordering task or mandatory task according to emergency rescue and disaster relief, epidemic prevention and control or other needs, the relevant civil subject shall conclude the contract in accordance with the rights and obligations stipulated in relevant laws and administrative regulations.
In accordance with the provisions of laws and administrative regulations, the party obligated to make an offer shall make a reasonable offer in time.
The party who has the commitment obligation according to the provisions of laws and administrative regulations shall not refuse the reasonable request of the other party to conclude a contract.
Article 495 Subscription Book, Subscription Book, Appointment Book, etc. The parties to an appointment contract agree that a contract concluded within a certain period of time in the future constitutes an appointment contract.
If one party fails to perform the obligation of concluding a contract as stipulated in the appointment contract, the other party may require it to bear the responsibility for violating the appointment contract.
Article 496 Standard Terms are terms drawn up by the parties in advance for repeated use, without consultation with the other party when concluding a contract.
Where a contract is concluded by standard terms, the party providing the standard terms shall follow the principle of fairness to determine the rights and obligations between the parties, and take reasonable measures such as exempting or lightening their responsibilities to remind the other party of the terms that have a significant interest in them, and explain the terms according to the requirements of the other party. If the party providing the standard terms fails to fulfill its obligation to prompt or explain, so that the other party fails to pay attention to or understand the terms that have a significant interest in it, the other party may claim that the terms will not become the content of the contract.