Trade Dispute Rules (“Rules”)
Up,dated on Sep 17, 2015
Chapter 1 – General Matters
Article 1. These Rules are adopted to handle trade disputes between buyers and sellers, protect the legitimate rights and interests of buyers and sellers, and promote the sustainable development of e-commerce activities.
Article 2. These Rules apply to:
1. registered members of the Alibaba.com international website at www.alibaba.com (“Alibaba.com Site”);
2. Members who use any of the products or services on the Alibaba.com Site (“Members”);
3. buyers who have conducted trading or business transactions for products and/or services with Members of the Alibaba.com Site.
Article 3. If a buyer or a seller has submitted a complaint for trade dispute to Alibaba.com or requested Alibaba.com to handle the trade dispute, the buyer and the seller shall be deemed to have read, agreed and accepted these Rules. Alibaba.com shall have the right to handle disputes in accordance with the provisions of these Rules.
Article 4. If a user of the Alibaba.com Site (“User”) has already entered into an agreement with Alibaba.com, the terms and condition of such agreement shall prevail over the provisions of these Rules. If User has not entered into any contractual agreement with Alibaba.com before, then the provisions of these Rules shall be applicable to User. Alibaba.com shall have the full discretion to handle any matters that have not been expressly addressed by these Rules. However, Alibaba.com’s determination on the trade disputes shall not be interpreted to exempt User’s legal liabilities in connection with the trade dispute.
Article 5. Alibaba.com shall have the right to modify these Rules any time. The modified Rules shall take effect immediately upon being posted on the Alibaba.com Site.
Article 6. If any party to a trade dispute is dissatisfied with the outcome of the dispute or Alibaba.com’s determination, the party may seek legal remedies according to applicable laws and regulations. Despite the fact that the parties to the dispute have a right to seek legal remedies, Alibaba.com shall still have the right to impose any penalties against the User in accordance with any applicable agreement with the User, these Rules or other website rules and policies of the Alibaba.com Site.
Chapter 2 – Scope of Application
Article 7. Alibaba.com will handle the following types of trade disputes under these Rules:
1. the buyer complains that Buyer has not received the products ordered;
2. the buyer complains that the products received by Buyer are different from those as agreed;
3. the seller complains that the seller has not received the payments from the buyer for the products delivered;
4. other trade disputes that Alibaba.com may agree to handle at Alibaba.com’s sole discretion.
Chapter 3 – Filing and Handling of Complaints
Article 8. To facilitate the process and increase the efficiency of complaints handling, Alibaba.com has provided an online system for filing complaints (“Complaints Platform”). Parties to the dispute should submit complaints, counter-notices, supporting evidences, and etc. through the Complaints Platform.
The Complaints Platform: http://channel.alibaba.com/complaint/home.htm.
Article 9. When a complainant submits a complaint, he shall fill out a complaint submission form on the Complaints Platform and shall provide all the relevant supporting documents within certain times according to below rules:
- For general disputes, complainant needs to provide supporting documents within 3 business days;
- For severe disputes, complainant needs to provide supporting documents within 7 calendar days.
Article 10. The supporting documents mentioned in the previous Article include:
1. The contract as entered into between the buyer and the seller and all associated records of communication;
2. If the buyer complains about not receiving the products from the seller, the buyer shall also provide evidence of payment;
3. If the seller complaints about not receiving payment, the seller shall also provide evidence that the products have been delivered;
4. If the buyer complains about the products being not as agreed, the buyer shall also provide evidence of receipt of the products as well as evidence which shows that the products are different from those as agreed (such as the test report issued by a third party organization);
5. other evidences which support the complaint.
Article 11. If the complainant fails to provide the relevant supporting documents within the required time period, Alibaba.com shall have the right to refuse to accept the complaint and close the case accordingly. If the complainant insists on making a complaint, he shall submit a new complaint, fill out a new complaint form, and provide all relevant supporting materials accordingly.
Article 12. Alibaba.com shall have the right to review the supporting documents submitted by the complainant, and decide, in our sole discretion, whether further supporting documents are required to substantiate the claim. If the complainant fails to provide further supporting documents as required by Alibaba.com within the time period stipulated in Article 9, Alibaba.com shall have the right to refuse to accept the complaint.Alibaba.com encourages both parties to settle disputes through amicable negotiations. If parties fail to reach an agreement within the time limit designated by Alibaba.com, Alibaba.com shall have the right to handle disputes in accordance with the provisions of these Rules.
Article 13. If Alibaba.com agrees to accept the complaint, Alibaba.com will notify the respondent about the complaint via e-mail or telephone. Alibaba.com shall have the right to require the respondent to, within 3 working days, submit a counter notice and the relevant supporting documents.
Article 14. Supporting documents for counter notices include:
1. If the respondent claims to have delivered the products, the respondent shall provide evidence that the products have been shipped (such air waybill for courier services, air waybill, bill of lading, and etc.);
2. If the respondent claims to have refunded or have made all relevant payments, the respondent shall provide evidence of refund or payment;
3. If the respondent claims that the delivered products does not comply with the order, the respondent shall provide supporting documents such as the shipping documents, commercial invoice, test reports issued by a third party organization, and etc.;
4. other evidences to support the counter notice.
Article 15. If the respondent fails to submit a counter notice in time, or if the supporting documents for the counter notice are insufficient to substantiate the counter notice, Alibaba.com shall have the right to suspend the respondent’s accounts on the Alibaba.com Site (including the Gold Supplier account(s) and other accounts for Value Added Services). If the respondent has subsequently provided the supporting documents that the respondent has fulfilled your obligation of shipment, payment, refunds, etc., as appropriate, or if the disputing parties have reached a settlement, Alibaba.com shall reactivate the respondent’s account(s) and the relevant service periods will be extended for the suspension period.
Article 16. If the respondent has failed to fulfill your obligations in time as mentioned in the previous Article, or if the respondent has failed to perform your obligations under the settlement agreement with the complainant, Alibaba.com shall have the right to impose penalties on the respondent in accordance with Articles 27 and 28.
Chapter 4. Determination of Disputes and Penalties.
Article 17. Alibaba.com encourages the parties to a trade dispute to resolve your dispute through amicable negotiation, proactive communications.
Article 18. Alibaba.com shall have the right to unilaterally determine whether any supporting documents are sufficient to prove any issue in dispute and whether any party should be responsible.
Article 19. If any party to the dispute has made any changes, amendments, or forgeries to the supporting documents, Alibaba.com shall have the right to immediately make a determination against that party.
Article 20. Buyer and seller shall fulfill your obligations to make the payments and deliver products as agreed. If either party is in breach of the agreed obligations, the party in breach shall be responsible. The party in breach shall be responsible to fulfill the obligations e.g., to make payments, deliver products, fix, exchange, return products, supply to make up the shortage in the product quantity, make refunds.
Article 21. Unless the buyer and the seller have agreed otherwise, if both parties have agreed on the quantity, price, shipping fees, and etc. of the products, the seller shall not request to increase the prices or for supplemental fees on the grounds such as the increase of raw materials costs, shipping fees, or increase in the amount of the minimum order, etc. Further, the seller shall not refuse to deliver the products based on these reasons. If the buyer does not receive the products due to any of these reasons, the seller shall be responsible.
Article 22. The buyer shall be responsible if the products are detained by the customs because the buyer does not possess the import qualification, or pay the customs duties, or does not specify the special documentation requirements at the time of purchase of special type of products. If the products are detained by customs for issues in the shipping documents or other reasons attributable to the seller, the seller shall be responsible. If the products are detained because they are restricted from being imported or illegal, and if the buyer already has the knowledge and ought to have known that the products are so restricted or illegal, then both parties shall be responsible, but the seller shall still make a refund to the buyer. If the buyer genuinely has no knowledge of the fact that the products are restricted or illegal, then the seller shall be responsible and make a refund to the buyer.
Article 23. The place of delivery shall be the place as agreed by the buyer and the seller. The buyer may not request to change the delivery place after the seller has shipped the products. The buyer shall be responsible if the buyer does not receive the products because the buyer provided a wrong address for delivery or because of other reasons attributable to the buyer. If the seller fails to deliver the products to the agreed place of delivery, the seller shall be responsible.
Article 24. If the products are destroyed or damaged for reasons of force majeure, accidents, problems with the carriers, or other reasons that are not attributable to the seller, then the allocation of the risks shall be decided based on the contract between the buyer and the seller. If the contract did not specify the allocation of risks in the circumstances, then responsibilities and risks shall be allocated based on the provisions of the United Nations Convention on Contracts of International Sales of Goods and the International Commercial Terms (INCOTERMS). If the relevant risks shall be borne by the seller, the seller shall be responsible for the delivery or refund, etc. If the relevant risks shall be borne by the buyer, the seller shall assist the buyer in making claims against the carrier. If the seller refuses to provide such assistance, Alibaba.com shall have the right to suspend the seller’s account(s).
Article 25. If the buyer refuses to make payment for the full prices or the remaining amount on the basis that the products received are not as agreed, the degree of responsibility for such non-compliance shall be decided on a case-by-case basis. If the products are different in terms of function, color, specification, or size, or if the products are inferior substituting up-to-standards products, fake, doped, adulterated, used products substituting new products, or etc., then the seller shall be responsible unless the buyer has prior knowledge or has agreed in advance. If the products are counterfeits, inferiors, products that infringe the intellectual property rights of any third parties, or products that are materially different from the order as agreed, Alibaba.com shall have the right to impose penalties on the seller according to Article 27 of these Rules, even if the buyer has prior knowledge or has agreed on such defects in advance. If the buyer has prior knowledge of such defects and nevertheless purchased the products, Alibaba.com shall have the right to impose penalties on the buyer in accordance with Article 28 of these Rules.
Article 26. If the seller fabricates the origin of manufacture, or forges or uses without authorization the company name and address of another party, marks for quality certification such as certification marks, famous brand marks, quarantine certificate, quality and quarantine inspection reports, verification reports, etc, the seller shall be responsible.
Article 27. If the seller or both of the buyer and the seller should be responsible for the default, Alibaba.com shall have the right to immediately terminate the seller’s account(s) on the Alibaba.com Site without refunding the membership subscription fees or other service fees (including the Gold Supplier Account(s) and other Value Added Services Accounts). Alibaba.com shall also have the right to publish the record of such termination on the Alibaba.com Site and/or other media channels.
If a settlement has been reached between the parties to the dispute, and the buyer retracts the complaint against the seller, Alibaba.com shall have the right to exempt the seller from the penalty of terminating the account(s), unless the buyer’s retraction of complaint has been found due to on the seller’s inducement, threat, or coercion.
Article 28. If the buyer or both of the buyer and the seller should be responsible for any defaults, Alibaba.com shall have the right to immediately terminate the buyer’s account(s) on the Alibaba.com Site without refunding any membership subscription fees or other service fees (including the Gold Supplier Account(s) and other Value Added Services Accounts). Alibaba.com shall have the right to publish the records of such termination on the Alibaba.com Site and/or other media channels. Where the dispute is that the buyer did not pay the order, if the buyer subsequently fulfilled the payment obligations, then Alibaba.com shall have the right to exempt the buyer from the penalty of terminating the account(s).