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Rules for Transactions on Alibaba.com

Version No.: 20161021                                                                      Date of Issuance: 20161021

 

I. Rules for Transactions on Alibaba.com

1.1 Honest Trade Principle

Users must abide by the honest trade principle and trade as stipulated in the contract and must not withhold shipment after receiving payment, default in payment for products in violation of the contract, ship any products which do not conform with stipulations in the contract etc. or otherwise disturb the market order of Alibaba.com.

1.2 Compliance Principle

When using any service (including but not limited to transaction services) of Alibaba.com in their transaction, users must observe all applicable laws, regulations, these Rules and other rules published on Alibaba.com from time to time (hereinafter referred to as “Relevant Rules”) and their corresponding agreement with Alibaba.com.

1.3 Fraudulent Transactions

Users are prohibited from undertaking any transactions which are deemed as fraudulent or which are undertaken with the intention to defraud or deceive Alibaba.com and/or buyers. In particular, such transactions include sellers colluding with their related entities/parties to undertake purchase transactions or sellers colluding with external third parties to undertake purchase transactions, all with the purpose of creating the impressions of high sales volume for such seller as well as other similar acts which have the effect of deceit. Notwithstanding that Alibaba.com has implemented a regime and measures to penalize sellers who act in such prohibitive manners, buyers are also advised to exercise caution against sellers which they consider to be acting in such a prohibitive manner.

II. Settlement of Transaction Disputes

2.1 Scope of Application of these Rules

These Rules apply to Alibaba.com user cross-border transactions but do not apply transactions between domestic users in mainland China at the Foreign Trade Service Marketplace  or any other Alibaba.com product or service . 

Alibaba.com provides numerous systems and relevant technical services to support sellers and buyers to conclude transactions online (collectively referred to as “Online Trade Services”), which currently include Trade Assurance and Secure Payment. When sellers and buyers conduct online transactions, they must observe these Rules, Alibaba.com Transaction Services Agreement and the service agreement of Alibaba.com in connection with each Online Transaction Service (such as a service contract for Chinese suppliers) and relevant rules. All transaction disputes and controversies submitted by users and accepted by Alibaba.com will be settled in accordance with these Rules, provided that any and all disputes arising out of Secure PaymentTrade Assurance  or other special transaction services must be first settled according to the transaction rules for such special transaction services (if applicable) but if it is not expressly provided in such rules, these Rules will apply. Alibaba.com may decide if the relevant rules are applicable at its sole discretion. 

2.2 Acceptance of Transaction Disputes

Where users conduct transactions by means of traditional offline trade after having approached each other through Online Trade Services or via Alibaba.com, any dispute arising in such transaction must be settled by and between the buyer and the seller through their own negotiations. If the parties fail to negotiate or to reach any agreement through negotiation, either party or both parties may submit the transaction dispute to Alibaba.com for mediation. Alibaba.com has the right to determine whether to accept the complaint relating to the relevant dispute in accordance with the Relevant Rules. In such a dispute, the user initiating the complaint relating to a transaction dispute and filing a claim for determination is referred to as the complainant and the other party as the respondent.

Generally, Alibaba.com will accept and handle the following types of transaction disputes: 1) the buyer complains that it has not received the products ordered; 2) the buyer complains that the products received are different from those agreed; 3) the seller complains that it has not received the payments from the buyer for the products delivered. Alibaba.com may its sole discretion, based on actual circumstances, agree to handle other transaction disputes in. 

To facilitate complaints handling, Alibaba.com provides an online system for filing complaints (URL: http://channel.alibaba.com/complaint/home.htm, hereinafter referred to as the “Complaints Platform”). Parties to a dispute should submit complaints, counter-notices and supporting evidence through the Complaints Platform. If the complainant fails to provide the relevant supporting documents within the required time period or the supporting documents submitted by the complainant are insufficient to substantiate its claim, Alibaba.com has the right to refuse to accept the complaint and close the case accordingly.

Parties to a dispute warrants that the supporting documents provided by them through the Complaints Platform are true, accurate and not misleading. If any party to the dispute tampers with, forges or alters any supporting documents, Alibaba.com has the right to immediately make a determination against that party.

Users should file a complaint with Alibaba.com within one year from the agreed delivery or payment date (whichever is later). Otherwise, Alibaba.com has the right to refuse to accept any complaint.

2.3 Determination of Transaction Disputes

In respect of a dispute that Alibaba.com has decided to accept, Alibaba.com will ascertain the relevant facts in accordance with Relevant Rules including its Trade Dispute Rules. The parties have an obligation to actively provide relevant factual evidence to substantiate their claim, and Alibaba.com has the right to use their independent judgment based on the collected materials and make a decision accordingly. If it is determined that a party has committed any breach or violation, Alibaba.com will impose penalties in accordance with the relevant service agreement and the Relevant Rules.

As Alibaba.com is not a professional dispute resolution institution and has a limited capacity to identify evidence and settle disputes, Alibaba.com does not warrant that the results of dispute settlement will meet the expectations of the buyer and the seller, nor will it be liable in any way for the results of dispute settlement. In case the buyer and the seller still cannot reach an agreement on a relevant dispute after Alibaba.com steps in to mediate, the buyer and the seller must settle the dispute through litigation, arbitration or other means. In addition, the settlement by Alibaba.com does not exempt the responsible party from any punishment under applicable laws and regulations.

If a settlement or compromise has been reached between the parties to the dispute, and the complainant retracts the complaint against the respondent, Alibaba.com has the right to exempt the respondent from relevant penalties, unless the retraction of complaint has been found to be due to the respondent’s inducement, threat, coercion or other improper means, or Alibaba.com deems that the exemption is improper.

3. 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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