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Are salespeople responsible for their verbal promises?
1. The verbal promises of the sales staff are as follows:
(1) The acceptance of oral invitation is completely valid, and the law also recognizes the validity of oral contract. A civil juristic act may be in written form, oral form or other forms. If a specific form is prescribed by law, such provisions shall prevail.
(2) Oral promises are recorded and valid. The recording belongs to audio-visual materials, and the verified evidence can be used as the basis for ascertaining the facts;
(3) The law clearly stipulates that the contract form is a compulsory contract, that is, when a written contract must be signed, the parties only make oral representations, and if the necessary written contract is not signed, it is deemed that no agreement has been reached.
2. Legal basis: Article 135 of the Civil Code of People's Republic of China (PRC).
A civil juristic act may take written form, oral form or other forms; Where laws and administrative regulations stipulate or the parties agree to adopt a specific form, it shall adopt a specific form.
Article 469
The parties may conclude a contract in writing, orally or in other forms.
Written form refers to contracts, letters, telegrams, telexes, faxes and other forms that can tangibly express the contents contained.
A data message that can tangibly express its content through electronic data interchange, e-mail, etc. , and can be retrieved at any time, are considered in writing.
Second, what are the elements of a legally binding commitment?
1. The acceptance must be made by the offeree to the offeror;
2. The acceptance must reach the offeror within the validity period of the offer;
3. The content of the acceptance must be consistent with the content of the offer;
The acceptance must show that the offeree has decided to conclude a contract with the offeror. Require that the commitment must be clear and definite;
5, the way of acceptance must meet the requirements of the offer.
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