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Rules for Enforcement Action against Non-Compliance of Transactions on Alibaba.com

Version No.: 20170421                                                                      Date of Issuance: 20170424

Alibaba.com will calculate penalty points for acts of non-compliance of cross-border transactions between users of Alibaba.com in accordance with the following standards:

Category of transaction dispute Sub-category of transaction dispute Notes

General disputes
(unresolved)

Serious disputes
(resolved)

Serious disputes
(unresolved)

Product not received 1. Product not received  
1.1 No product delivery upon receiving payment By the date of acceptance of the complaint, the respondent has received payment but not yet delivered the product.  / 6 48
1.2 Illusory delivery The respondent presents forged evidence of delivery after receiving payment so no actual product has been received by the complainant. / 6 48
1.3 No action after receiving returned product The respondent refuses to take further action to resolve the dispute (such as refusal or unreasonable delay in delivery of a new product, refund, or is unreachable) after the complainant has returned the product upon mutual agreement. / 6 48
1.4 Others The respondent has sent the product, yet the complainant has not received the product by the date of acceptance of the complaint due to loss, detention by customs, or return of product caused by the respondent.  / 6 48
2. Failure to deliver product after a transaction is concluded Where a Secure Payment order has been concluded, the respondent fails to deliver the product within the specified period after receiving payment, which results in closure of the order by the system and refund to the complainant.  3 / /
Payment not received 3. No payment upon receiving product The respondent fails to make payment in accordance with the contract after receiving the product. / 6 48
Product inconsistent with contracted product descriptions 4. Quality
4.1 Serious quality problems The characteristics (such as material, composition, category or safety standard etc.) of the product received by the complainant are seriously inconsistent with the agreed descriptions, or the product malfunctions or is unusable, or is of inferior quality etc., (excludes suspected counterfeit products).  / 6 48
4.2 General quality problems  The product received by the complainant has relatively minor quality problems, and is inconsistent with the agreed standards, yet is still usable or has caused no apparent harm.  6 / /
5. Quantity
5.1 Seriously short of quantity agreed The quantity (or value) of the product delivered by the respondent is less than that agreed by 20% or more. / 6 48
5.1 Generally short of quantity agreed The quantity (or value) of the product delivered by the respondent is less than that agreed by less than 20%, and the respondent fails to provide a reasonable solution (excludes suspected fraud). 6 / /
6. Counterfeit

The product received by the complainant is not that of the agreed nature or brand, or the respondent cannot provide proof of its authorized dealership or ownership of the brand. (Aside from the deduction of penalty points, Alibaba.com reserves the right of taking down or removing the corresponding product listing.)

/ 12 48
Other disputes 7. Other failure to carry out promises The respondent did not offer the services or fulfill its obligations under the transaction as promised, and damaged the legitimate rights and interests of a complainant.  3 / /

 

Apart from the above circumstances, where any user commits other acts that breach the principles of honesty and compliance in their conducting of Transactions, Alibaba.com has the right to impose the relevant enforcement action and deduct 3-48 penalty points depending on the degree of fault and the losses caused by the behaviors. 

The above enforcement measures do not exclude compensation and other obligations under applicable laws, regulations and the service agreements between users and Alibaba.com.

 

Enforcement actions

 

Penalty points cumulatively incurred

Enforcement actions

Remarks

6 points

Issuance of severe warning

Email notification

12 points

Blocking of search results and mini-site for 7 days

Email notification and automatic enforcement of penalty by system

24 points

Blocking of search results and mini-site for 14 days

36 points

Blocking of search results and mini-site for 21 days

48 points

Termination of membership

Not applicable

Note:

a)    In case of extremely serious non-compliance, Alibaba.com has the right to immediately terminate the agreement unilaterally and close the account without refunding service fees for the remaining period, and also has the right to announce the same on Alibaba.com and/or other media, impose associated penalties and/or permanent refusal of cooperation and other enforcement actions. 

b)     Where the cumulative penalty points of a user reach 24 points or above, Alibaba.com has the right to refuse or restrict such user’s participation in various promotions and marketing activities on Alibaba.com or to use the products/services. 

c)     Points are cumulatively calculated on a yearly basis, which means that all penalty points are on record for a 365-day period, except where enforcement action of closing the account has been imposed.

 

In the event of any inconsistency between the English and Chinese versions of these Rules, the Chinese version shall prevail.

 
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