Alibaba.com Secure Payment Service Rules
Version No.: 20150529 Date of Issuance: 20160108
Chapter I General and Definitions
Article 1 Purpose
These Rules are hereby formulated to maintain and optimize the trading order on Alibaba.com, to better safeguard the legitimate rights and interests of users on Alibaba.com, and also to facilitate users’ understanding and use of the Secure Payment service.
Article 2 Scope of Application
These Rules, as part of the Alibaba.com International Platform Rules, govern online transactions conducted by users on Alibaba.com (www.alibaba.com) using the Secure Payment service; matters not covered in these Rules are governed by Alibaba.com International Platform Rules. Transactions conducted by users on AliExpress Marketplace (seller.aliexpress.com) and other relevant websites of Alibaba.com using the Secure Payment service are not subject to these Rules.
Article 3 Definitions
Buyer refers to a user of Alibaba.com that enters into an Online Order to purchase products on Alibaba.com.
Seller refers to a user of Alibaba.com that enters into an Online Order to sell products on Alibaba.com.
3.3 Online Order
Online Order refers to the purchase and sale contract entered into by the Buyer and the Seller through the online trading system of Alibaba.com.
3.4 Payment Instructions
The Buyer may make payment for an order through its own bank account or engage others to make such payment. Where the Buyer engages another to make payment, he/she must properly keep the receipt for such payment.
3.5 Collection Instructions
When using the Secure Payment service, the Seller must collect payment for an Online Order through an Alipay Account. Payment Release from an Account refers to the remittance by Alibaba.com of the payment for an Online Order in whole or in part in accordance with these Rules, which was paid into the collection account of Secure Payment designated by Alibaba.com, into the account designated by the Seller, hereinafter also referred to as “Payment Release”. After Payment Release, if the Seller intends to withdraw cash, he/she must provide Alibaba.com with a legal and valid account in writing for receiving the cash payment.
3.6 Settlement Currency
An Online Order must be settled in USD. Technical Service Fees referred to herein will be calculated, paid and collected in USD.
3.7 Technical Service Fee
The Technical Service Fees for Secure Payment are borne by the Seller (automatically calculated and included into the payment for an Online Order). Alibaba.com reserves the right to adjust the Technical Service Fee and its collection method.
3.8 Bank Charges
Bank Charges refer to the fees charged by a bank or third party financial institution during the payment and collection of transactions, which will be borne by the payee. Both the Buyer and Seller should bear the risk of fluctuations in exchange rate.
3.9 Trade Terms
Unless otherwise agreed by the Buyer and the Seller, the Trade Terms agreed between both parties will be subject to Incoterms 2010.
Chapter II Operational Process
Article 4 Operational Process
Article 5 Timeout
The online trading system of Alibaba.com sets certain operation time limits on Online Orders for both the Buyer and the Seller, both parties should respond in a timely manner.
Article 6 Logistics
Currently, Secure Payment Online Orders on Alibaba.com only supports the logistics mode of air transportation. The Buyer and the Seller may select other logistic channels for delivery through negotiation, which should be true and traceable.
Article 7 Payment Release from Secure Payment Account
Once an Online Order is fulfilled after the Buyer confirms receipt of the product online or after the product is duly delivered by the logistics service provider, Alibaba.com will conduct the Payment Release from the Secure Payment account.
Chapter III Dispute Settlement
Article 8 Dispute Settlement
8.1 Filing, acceptance and determination of disputes over Online Order transactions are subject to the transaction dispute settlement procedures and rules set forth in the Rules for Transactions on Alibaba.com. In addition, the Buyer and the Seller may also directly file an application for dispute settlement through the Online Order management platform .
8.2 In addition to direct evidence recorded in the online trading system of Alibaba.com such as Online Orders, delivery documents and other materials submitted through the system, parties to a dispute may also provide the following supporting materials:
(1) Written communications relating to the transaction between the parties;
(2) Quality testing reports of the product; and
(3) Other supporting evidence that can substantiate their claim.
Article 9 Determination of Disputes
9.1 If it is proven by the relevant evidence that the Seller has breached the Online Order or Alibaba.com Transaction-Related Rules, Alibaba.com will determine that the Seller is in default, request the Seller to refund relevant payment and impose a corresponding penalty against the Seller.
9.2 After the Buyer receives the refund, the relevant Online Order will be terminated.
Article 10 Closure of Online Order
An Online Order will be closed if:
10.1 either party fails to respond within the operation time limit, such as due to operation timeout during processes including Seller confirming the order, Buyer making payment or Seller delivering the product, etc.;
10.2 both parties mutually agree to cancel the Online Order through consultation after the Buyer makes payment yet before the Seller delivers the product;
10.3 Alibaba.com determines to close the Online Order after accepting the complaint and making its determination;
10.4 the Buyer and the Seller or the performance of the transaction contract violates or are suspected of having violated laws, regulations, policies, rules, orders of competent authorities, or the Alibaba.com service agreement, website policies and rules; or
10.5 either party has its account on Alibaba.com closed for any reason, or cannot perform the contract due to penalties.
Chapter IV Miscellaneous
Article 11 Relevant Rules
11.1 When using the Secure Payment service, the user must also comply with relevant agreements it enters into with Alibaba.com and/or its affiliates, such as the Alipay Services Agreement.
11.2 Alibaba.com provides users with various interfaces for the Secure Payment service. When using the Secure Payment service, users must also comply with relevant rules applicable to the actual transaction circumstances , such as Alibaba.com Wholesale Online Market Rules , etc.
Article 12 Amendment and Acceptance
12.1 Alibaba.com will, based on the actual implementation of the Secure Payment service, improve and amend these Rules from time to time and publish the same on Alibaba.com. The amended Rules will become effective on the date of publication or the specified date.
12.2 Any users that do not agree with these Rules or the updated version of the Rules should immediately terminate their use of the Secure Payment service. By entering into and performing an Online Order or using the Secure Payment service, users will be deemed to have accepted and agreed to these Rules.
12.3 In the event of any inconsistency between the English and Chinese versions of these Rules, the Chinese version will always prevail.