< Back to list

Alibaba.com Logistics Service Security Rules

[June 18 edition    Effective Date: June 25, 2020]

 

I. Purpose

These Rules and corresponding violation handling measures are formulated to protect the legitimate rights and interests of Platform Logistics Services Users on Alibaba International (hereinafter also referred to as "Alibaba.com") and to create a safe, legal, and stable logistics service environment.

 

II. Scope

All Users who have an account on Alibaba.com and use the Platform Logistics Services thereon in the scenarios of Trade Assurance (TA) services or big market business.

 

III. Definitions

1. Users: refer to those who use Alibaba.com's Platform Logistics Services and have full capacity for civil conduct. In the context of export, Users are also called "buyers" or "consignors".

2. Sellers: refer to those who post company or commodity information and sell or promise to sell on Alibaba.com. Sellers shall be legal entities duly organized and validly existing in accordance with local laws.

3. Logistics Service Providers: refer to third-party suppliers who have joined Alibaba.com and are taking orders, delivering products, and providing logistics services.

4. Platform Logistics Services: refer to services allowing a) Users to search for logistics plans and freight quotations, accept and place logistics orders on Alibaba.com; and b) Alibaba.com and Logistics Service Providers to accept Users' orders, deliver Users' products, and charge Users for logistics fees according to platform rules.

 

IV. General provisions

1. User access: The account information of Platform Logistics Services Users on Alibaba.com must be complete and accurate and conform to laws and platform rules, and Users must complete online training on logistics services, otherwise registration and logistics order placing may fail.

2. Usage premise of Platform Logistics Services, operation process, Users' obligations and rights, fees and payment, and terms of use: Please refer to the International Logistics Service Agreement for Customers (Users) posted by individual Logistics Service Providers on the platform and checked and confirmed by Users before submitting logistics orders.

3. These Rules are supplementary to the International Logistics Service Agreement for Customers (Users). In case of discrepancy between these Rules and the Agreement, and for matters not covered in these Rules, the Agreement shall prevail. The platform's handling of Users' violations according to these Rules shall not affect the Users' responsibility to Logistics Service Providers according to the Agreement. 

 

V. Handling of violations

1. Handling methods

1.1 Warning

1.2 Logistics restriction: All accounts under the name of a consignor's enterprise are temporarily deprived of the logistics order placing function and various logistics concessions.

1.3 Related penalties: If the account placing the order belongs to a Seller on Alibaba.com and the logistics order is related to TA transactions, logistics-related violations will be further handled according to Alibaba.com's transaction and TA services. According to corresponding rules, the Seller is subject to related penalties from Alibaba.com, including but not limited to turning off the "TA services light", deduction of points, restriction of rights, and account closure.

2. Duration of penalties

2.1 The duration of warning, logistics restriction, and website-related punishment shall be calculated according to the year of misconduct, i.e. each penalty on an account shall be effective "within one year from the date when the penalty is imposed".

2.2 For logistics restriction, the penalty duration is divided into three categories within the year of misconduct:

Category One

1 month

Category Two

3 months

Category Three

12 months (within the year of misconduct)

2.3 Different handling methods and punishment durations correspond to different violation scenarios. See Section 3 "Violation scenarios and penalty standards" below for details.

3. Violation scenarios and penalty standards

3.1 Logistics order placing:

3.1.1 Each registrant on the platform may have one or more User accounts. Users shall properly use their accounts, take good care of their username and password, and pay attention to information security. They shall not place logistics orders on behalf of registrants other than their own, or lend their account to other registrants to place logistics orders (unless otherwise authorized by the platform). If the above rules are violated for the first time, a warning will be given; if the above rules are violated for the second time, logistics restriction will be given to all accounts of the registrant for three months (temporary deprivation of the logistics order placing function and various logistics concessions); in case of violation of the above rules for the third time, all accounts of the registrant will be subject to logistics restriction within the year of misconduct (12 months).

3.1.2 The product listed in the User's logistics order on the website shall be consistent with the products actually delivered and transported. If a mismatch between the order and the products appears for the first time, a warning will be given; for the second time, logistics restriction will be given to all accounts of the registrant for three months; and for the third time, all accounts of the registrant will be subject to logistics restriction within the year of misconduct (12 months). Note: The characteristics of products such as complete sets of machinery and equipment, spare parts, fittings, suits, and accessories shall be accurately described in the logistics orders and other related documents, in accordance with the products to be actually delivered.

3.2 Departure delivery

3.2.1 Users shall deliver products that meet safety standards according to the Platform Logistics Services agreement and laws and regulations. If embargoed/restricted products (please refer to the user agreement posted on the platform by the Logistics Service Provider for information on the embargoed/restricted products) or the products that infringe upon intellectual property rights are found during the safety inspection and unpacking inspection by the Logistics Service Provider, the consignor shall be warned if it is a first-time violation; for the second time, logistics restriction will be given to all accounts under the consignor for one month; and for the third time, all accounts under the consignor will be subject to logistics restriction within the year of misconduct.

3.2.2 Users shall deliver products that conform to the information on the logistics order. If the delivered products are found to be inconsistent with the products listed in the order (due to smuggling, or simply inconformity) after the safety inspection and unpacking inspection by the Logistics Service Provider, the consignor shall be warned if it is a first-time violation; for the second time, logistics restriction will be given to all accounts under the consignor for one month; and for the third time, all accounts under the consignor will be subject to logistics restriction within the year of misconduct.

3.3 Full link of departure customs declaration/destination customs clearance/logistics services: Users shall honestly declare the products with complete documents and materials according to laws and regulations of customs and other regulatory agencies, and cooperate in handling possible inspections or abnormalities.

3.3.1 During the customs declaration process, when the customs declares incomplete documentation, including but not limited to the packing list, invoice, formal declaration form, and brand authorization, and the consignor does not cooperate in providing the required documents (except for the situation where the customer confirms cargo abandonment):

(1) if the consignor cooperates in solving the problem within the time limit required by the customs and if customs clearance is complete, the consignor shall be warned;

(2) if the problem is not solved within the time limit required by the customs, logistics restriction will be given to all accounts under the consignor for one month if it is a first-time violation; and for the second time, all accounts under the consignor will be subject to logistics restriction within the year of misconduct.

3.3.2 When the customs confirms that the name, declaration elements, tax number or HS code, quantity, weight, and volume of the declared products are not consistent with those of actually shipped products, or the declared value is not consistent with what is evaluated by the customs:

(1) if the consignor takes the notice and requirements of the Logistics Service Provider seriously and cooperates with the Logistics Service Provider and the customs, so as to solve the problem within the time limit required by the customs, the consignor shall be warned;

(2) if the problem is not solved within the time limit required by the customs, or the customs determines that the consignor has violated regulations, thus imposing an administrative notification, or punishment in other ways, logistics restriction will be given to all accounts under the consignor for three months if it is a first-time violation; and for the second time, all accounts under the consignor will be subject to logistics restriction within the year of misconduct.

3.3.3 In the following three circumstances, for the goods, in whole or in part, that are identified by the customs or relevant regulatory agencies as goods prohibited or restricted from entry and exit; the goods of which the trade amount, brand, etc. have not been truthfully declared; and other goods that are involved in any infringement upon intellectual property rights such as trademarks, patents, and copyrights as filed by the customs or determined by the court:

1) in the event of suspected violation of laws and regulations (where the customs and relevant regulatory agencies have found but have not filed a case for possible illegal acts, unauthorized transport of goods, non-conforming goods, and infringement upon intellectual property rights during the transportation and customs procedures; or where a rights holder has filed a lawsuit against the goods, but the court has not yet ruled on the case), the consignor's right to place shipping orders will be suspended;

2) in the event of suspected or factual violation of laws and regulations (where the customs and relevant regulatory agencies have filed a case for possible illegal acts, unauthorized transport of goods, non-conforming goods, and infringement upon intellectual property rights during the transportation and customs procedures; or where the court has ruled that an infringement has occurred), the consignor may regain the right to place shipping orders within three working days upon the warning by the logistics end only after it actively contacts with the customs, relevant regulatory agencies, and the rights holder to handle the violation and settle the issue with the rights holder and the customs within the time limit specified by the customs and the regulatory agencies;

3) in the event that the consignor fails to settle the issue within the time limit specified by the customs or relevant regulatory agencies, or that it has been punished by the customs and relevant regulatory agencies over factual violations such as transport of prohibited and restricted goods, smuggling, non-conforming goods, and infringement upon intellectual property rights, the consignor's right to place shipping orders under all accounts will be suspended for three months for the first-time violation; and will be suspended throughout the year for the second-time violation;

4) in the event that the consignor is a Seller on Alibaba.com and its shipping orders are associated with the TA service, after the consignor has been punished by the customs and relevant regulatory agencies over factual violations, its transactions and TA service will be subject to further punishment on top of that on the logistics right; or in the event that the Seller's violation has been determined to undermine the transaction security of Alibaba.com, the platform will impose corresponding punishments based on relevant agreements and rules including, but not limited to, disabling the TA service for the store, deducting store points, restricting the rights of the Seller, and shutting down the Seller's account.

3.4 Logistics fee payment

In the logistics service scenario, provided that a User is informed of the expense category, reason for the expense, and estimated amount in advance, the User shall pay for the delivery orders and air freight orders within 30 calendar days after receiving the billing details issued by Alibaba.com (except for advance payment), pay for the shipping orders with 14 calendar days after receiving the billing details issued by Alibaba.com or before the sum of accumulative overdue payment reaches RMB 5,000, and pay for the land freight orders within the day when the bill is issued. In case that the fee is overdue, the logistics rights of all accounts under the User's name shall be restricted. In case that the User uses the TA service at the same time, the platform will reserve the right to stop the service; restrictions on logistics services will be lifted after the User pays the fee and writes off the accounts, but the TA service must be reapplied for. In particular, Users should pay off the costs in time under the following circumstances:

1) if the platform logistics service provider finds the actual volume of goods is greater than the User's order data and the actual logistics fee is higher than the withheld amount after receiving the goods, the User must pay off the balance in time (excluding the cases in which orders are canceled);

2) if the platform logistics service provider provides value-added services to the User upon the latter's requests, the User must pay the costs for the services, such as customs clearance fees and returned transportation fees, in time;

3) the User should pay the fees the platform logistics service provider has paid on account of the User to the platform or the service provider in time, such as customs clearance taxes at the destination, returned customs clearance taxes, and third-party testing service fees.

 

VI. Supplementary rules:

1. The revised edition of these Rules is expected to take effect on June 25, 2020.

2. Alibaba has the right to suspend or terminate all Alibaba.com services provided to Users who are punished for violating these Rules based on the severity of their violations.

3. Alibaba.com reserves the right to the final interpretation of these Rules

icburule011023068092