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

updated as of March 8, 2017

I. Scope of Application

These Rules apply to the settlement of cross-border trade disputes between users that Alibaba.com agrees to mediate pursuant to the Rules for Transactions on Alibaba.com , including disputes over Online Trade Services such as Trade Assurance and Secure Payment, as well as disputes over transactions conducted by users through traditional offline trade after having approached each other via Alibaba.com. If there are special dispute settlement or penalty rules in respect of relevant Online Trade Services, such special rules will apply.

Any dispute arising from the performance of transactions must be settled by and between the users through their own negotiation. If the parties fail to consult or to reach any agreement through negotiations, they may apply to Alibaba.com for mediation through the Complaints Platform. Users must file a complaint with Alibaba.com within 90 days from the agreed delivery or payment date (whichever is later). Otherwise, Alibaba.com has the right to refuse to accept such complaint. For details regarding filing a complaint with Alibaba.com, please refer to the Rules for Transactions on Alibaba.com .

 

II. Standard of Penalty Points Incurred for Non-compliance of Transactions

Alibaba.com will calculate penalty points for acts of non-compliance of transactions in cross-border trade 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.  / 12 48
Malicious acts 7. Malicious order The respondent places orders multiple times (twice or more against the same complainant), yet fails to make payment as agreed, which results in locking of the Trade Assurance limit or inventory of the complainant, affecting the complainant’s ability to conduct online transactions. / 6 48
8. Malicious review The respondent makes an apparently false review without factual basis multiple times (twice or more against the same complainant).  / 6 48
9. Malicious complaint The respondent, without reasonable grounds, files a complaint which is not substantiated multiple times (twice or more against the same complainant).  / 6 48
Other disputes 10. Dispute over other losses The respondent changes the freight charges / port / mode of logistics / time of delivery or incurs other costs at the last minute without the consent of the complainant, and the complainant has received the product yet suffers from other losses, based on which a complaint is filed.  3 / /
11. After-sales dispute The respondent fails to perform agreed after-sales services or agreed undertakings.  3 / /
Remarks Apart from the above circumstances, where any user commits other acts that breach honest trade and compliance principles of conducting transactions, Alibaba.com has the right to impose relevant enforcement action and deduct 3-48 penalty points, depending on the degree of fault of the respondent and the losses of the complainant. 

 

III. 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 will always prevail.

 
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