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Trade Confidence Services

Terms and Conditions

 

Important Notice

 

Your use of the Trade Confidence Services provided by Alibaba Commerce Services (Malaysia) Sdn Bhd (Company No. 1240115-X) a company incorporated under the Companies Act 2016 and having its registered address at Unit C-12-4, Level 12, Block C, Megan Avenue II, 12, Jalan Yap Kwan Seng, Kuala Lumpur, 50450 Wilayah Persekutuan Malaysia. (“ACS”) is subject to the terms set out below and any other terms applicable to you from time to time (the “Rules”).

 

It is important that you read all the terms and conditions provided in these Rules. Please ensure that you have reviewed and understood the terms and conditions of these Rules as these Rules form the legally binding agreement between us relating to the Trade Confidence Services. The application of these Rules shall be subject to the relevant transaction setting in the Trade Confidence transaction system.

 

The Trade Confidence Services shall be applicable to Buyers and Sellers who have entered into the Purchase Contracts with each other and provided that each of the Buyer and Seller shall agree to and accept all the terms and conditions provided in these Rules and shall abide by the relevant service agreements and all other relevant rules in Alibaba.com (http://alibaba.com).

 

The Trade Confidence Services shall only be provided by ACS to qualified registered Buyers and Sellers who have duly agreed to all terms and conditions in these Rules and the Alibaba.com Free Membership Agreement (https://rule.alibaba.com/rule/detail/2042.htm?spm=a271m.8038972.1999288231.3.42d0da7a23c8jA).

 

 

 Chapter 1 Purpose and Definition

 

Article 1 Purpose

The purpose of establishing these Rules is to protect the legitimate interests of the users of Alibaba.com and to promote the development of the Trade Confidence Services. 

 

Article 2 Definition

 

2.1 “ACS Services” means the comprehensive international commercial and trading services provided to the Seller by ACS, including but not limited to customs declaration services for exportation, logistics services, foreign exchange receipt and settlement, Trade Confidence Services and any other services provided by ACS from time to time.

 

2.2 “Actual Shipment Date” means the actual Shipment Date of the products.

 

2.3 “Alibaba.com” means http:// alibaba.com.

 

2.4 “Buyer” means the buyer specified in the Purchase Contract which shall also be a user of Alibaba.com.

 

2.5 “Calendar Day” or “Day” shall mean a calendar day in Malaysia. 

 

2.6 “Claim Period” means the claim period under the Purchase Contract.

 

2.7 “Contract Sum” means the purchase price under the Purchase Contract.

 

2.8 “N calendar days” means:

 

  1. Shipment by sea: 45 Days after the Actual Shipment Date as recorded in the system (direct voyage time shall be determined by ACS);

 

  1. Land transportation: 30 Days after the Actual Shipment Date as recorded in the system;

 

  1. By air or express delivery: 15 Days after the Actual Shipment Date as recorded in the system.

 

2.9 “Product Inspection Company” means the product inspection company designated for Trade Confidence Services which operates on the Alibaba.com inspection platform and provides inspection services according to the product quality standards stipulated in the Purchase Contract.  

 

2.10 “Purchase Contract” means a sales and purchase agreement entered or to be entered into between the Buyer and the Seller for the sale and purchase of products in the form prescribed and approved by ACS and which is in compliance with the terms and conditions of this Rules and the Trade Confidence Agreement. 

 

2.11 “Retained Proceeds” means the amount of export proceeds paid by the Buyer under the Purchase Contract to an account designated by Alibaba.com and which is in excess of the Trade Confidence Amount.

 

2.12 “Retained Trade Confidence Amount” means that the Seller’s Trade Confidence Amount and the relevant logo will continue to be displayed on Alibaba.com but the Seller will not be able to draft new Purchase Contracts

 

2.13 “Seller” means a small medium enterprise incorporated under the Companies Act 2016 of Malaysia and is a user of Alibaba.com who has entered into the Purchase Contract with the Buyer subject to Trade Confidence Services.  

 

2.14 “Service Icon” means the icon for Trade Confidence Service found in Alibaba.com.

 

2.15 “Shipment Date” means the date on which exportation customs clearance is completed at the port/place of loading or the trackable date of pickup of the express delivery of the products. 

 

2.16 “Supplier Services” means internet and technology support services on Alibaba.com relating to the publication of company and product information that the Sellers can obtain by paying for such services.

 

2.17 “System” means the Trade Confidence Services transaction system.

 

2.18“Terminate All Trade Confidence Amount” means that all of the Seller’s Trade Confidence Services logo and Trade Confidence Amount will be cancelled and revoked and all relevant services will be terminated.

 

2.19 “Trade Confidence Amount” means the Trade Confidence Amount designated by ACS under Article 3 herein which may or may not be equivalent to the amount refunded or to be refunded by ACS or the Buyer pursuant to the Trade Confidence Services.

 

2.20 “Trade Confidence Agreement” means the trade confidence agreement entered or to be entered into between the Seller and ACS.

 

2.21 “Trade Confidence Services” means the services that ACS undertakes to fully refund the Contract Sum received or to be received by the Seller under the Purchase Contract in accordance with Article 10.2 herein and provided always that the Buyer and Seller have complied with all the other terms and conditions of these Rules.

 

2.22 “Working Day” a day (other than a Saturday or Sunday) on which banks are open for business in Kuala Lumpur, Malaysia.

 

Chapter 2 Management of Trade Confidence Amount

 

Article 3 Trade Confidence Amount

 

3.1 Each Seller shall be entitled to one Trade Confidence Amount only.

 

3.2 The Buyer and Seller agree and acknowledge that the Trade Confidence Amount shall not affect the refund that the Buyer may receive under the Purchase Contract or the Trade Confidence Services.

 

3.3 The basis for determination of the Trade Confidence Amount available to the Seller shall be at the sole and absolute discretion of ACS based on, inter alia, the following factors:

 

3.1.1   the Seller’s profile;

 

3.1.2    the Seller’s transaction volume on Alibaba.com;

 

3.1.3    the Seller’s credit standing; and

 

3.1.4    any other data available to ACS on Alibaba.com.  

 

3.4 The Seller’s profile may include but is not limited to the Seller’s industrial and commercial registration information, term of cooperation with ACS and its affiliates and its trade records on Alibaba.com.

 

3.5 The sources of the Seller’s transaction volume which may include, but is not limited to, the following:

 

3.3.1 The Seller’s comprehensive international commercial and trading services records on Alibaba.com for the past one (1) year;

 

3.3.2 The Seller’s comprehensive international commercial and trading services records conducted independent of ACS and Alibaba.com for the past one (1) year as provided by the Seller. 

 

3.6 The Seller’s credit standing shall be determined by ACS based on the cumulative penalty points system derived from Alibaba.com where penalty points cumulated by the Seller under cumulative penalty points system may lead to the reduction of the Trade Confidence Amount.  In the event that the penalty points exceeds a certain limit or the Seller has committed other material violations on Alibaba.com, the Trade Confidence Services shall be suspended, terminated or be unavailable to the Seller. 

 

Article 4 Display of Trade Confidence Amount

 

4.1 Each Seller’s Trade Confidence Amount shall be updated on the 10th Day of each month and displayed on the relevant page of Alibaba.com for the Buyer’s reference only.

 

4.2 Notwithstanding that the Seller may have more than one membership account on Alibaba.com, only one Trade Confidence Amount will be made available to the Seller for display to all Buyers on Alibaba.com. 

 

Article 5 Use of the Trade Confidence Amount

 

5.1 Upon the Buyer remitting the Contract Sum to an account designated by Alibaba.com in accordance with the terms and conditions of the Purchase Contract and upon Alibaba.com confirming its receipt of such Contract Sum, the Trade Confidence Amount stipulated in the Purchase Contract will be frozen immediately.   

 

5.2 After a certain amount of the Trade Confidence Amount for a particular Purchase Contract is frozen, the Trade Confidence Amount available to the Seller will be reduced accordingly; and after the frozen Trade Confidence Amount is released, the Trade Confidence Amount available to the Seller will increase up to the amount released.  

 

5.3 If the Trade Confidence Amount is equivalent to or more than the Contract Sum, the export proceeds amounting to the Trade Confidence Amount will be transferred to the Seller. If the Trade Confidence Amount is less than the Contract Sum, the export proceeds amounting to the difference between the Contract Sum and the Trade Confidence Amount will be held by ACS until the products have been delivered.

 

5.4 Unless the Seller has satisfied all of the following conditions, the Seller shall not enter into the Purchase Contract: 

 

5.4.1 the Seller is qualified to participate in the Trade Confidence Services and if it uses ACS for exportation of the products, it has passed the invoicing and related products prequalification review by ACS;

 

5.4.2 The deposit stipulated in the Purchase Contract is greater than zero (0);

          

5.4.3 No payments payable to ACS and/or its affiliates are overdue;

 

5.4.4 There are no other risk factors that will affect the Purchase Contract.

 

Note: ACS shall have the sole right and discretion to determine whether the Seller has fulfilled all of the conditions specified above. 

 

5.5 Release of Trade Confidence Amount: the Trade Confidence Amount for a particular Purchase Contract shall be released in any one of the following events: 

 

5.5.1 All the terms and conditions under the Purchase Contract has been observed and performed successfully;

 

5.5.2  If there are any dispute under the Purchase Contract, such dispute has been fully resolved (in case of a refund (not a Trade Confidence Services refund by ACS for and on behalf of Seller), the amount to be refunded has been refunded in full);

 

5.5.3  Both the Buyer and the Seller have agreed to terminate the Purchase Contract (where the Purchase Contract is cancelled or terminated);

 

5.5.4  Any other circumstances which have occurred and is in the opinion of ACS that the Trade Confidence Amount may be released.

 

Article 6 The Suspension and Termination of Trade Confidence Services

 

6.1 The Service Icon display for Trade Confidence Services will be temporarily suspended upon the occurrence of any of the following circumstances:

 

6.1.1 If the Supplier Services and Trade Confidence Services have been activated for the Seller for the first time and that the Seller have not shipped any products in accordance with Article 7.3 below for a consecutive period of 180 Days from the date such Supplier Services and Trade Confidence Services have been activated, the Service Icon display for Trade Confidence will be temporarily suspended.

 

The Seller shall have the right to apply for the restoration of the Service Icon at any time during such temporary suspension. The Service Icon shall be automatically restored if an effective Purchase Contract is entered into within fifteen (15) Days from the date of the Seller’s application for the restoration of the Service Icon. The Service Icon shall continue to be suspended if no effective Purchase Contract is entered into during this period and, in such circumstances, the Seller shall not be allowed to apply for restoration of the Service Icon for a period of thirty (30) Days (commencing on and from the sixteenth (16th) Day following the Supplier’s application for restoration).

 

6.2 The Seller’s qualification to obtain Trade Confidence Services shall be terminated upon the occurrence of any of the following event: 

 

6.2.1 Seller has unreasonably refused to enter into two (2) or more transactions with Trade Confidence Services;

 

6.2.2 The reimbursement by the Seller to ACS for the Trade Confidence Amount which has been refunded by ACS to the Buyer for any Purchase Contract has been overdue for more than thirty (30) Days;

 

6.2.3 The Seller no longer satisfies the relevant eligibility for participation in the Trade Confidence Services;

 

6.2.4 The Seller fails to use any of the services under Alibaba.com in accordance with these Rules;

 

6.2.5 The Contract Sum (as set out in the Purchase Contract) has not been paid to the designated bank account due to the Seller’s fault or default (including but not limited to the Seller’s instruction to the Buyer);

 

6.2.6 The Seller has violated any terms and conditions under, in connection with or relating to the Trade Confidence Services and/or these Rules, and ACS has decided to terminate the Seller’s qualification to participate in the Trade Confidence Services.

 

 

Chapter 3 Operational Work Flow of Trade Confidence Services

 

Article 7 The Operational Workflow: 

The Buyer and the Seller shall agree participate in the Trade Confidence Services in the following manner:

 

7.1 First Stage: The Seller or the Buyer shall draft, amend, and submit the Purchase Contract;

 

7.2 Second Stage:  If the Buyer drafts the Purchase Contract, the Seller shall confirm such Purchase Contract (save for circumstances where the transaction setting in Trade Confidence transaction system does not require confirmation by the Seller, for example, in wholesale transaction where shipping fee is included when order is placed by the Buyer). If the Seller drafts the Purchase Contract, the Buyer shall remit the deposit in full to the beneficiary bank account designated in the Purchase Contract by way of the telegraphic transfer after the submission of the Purchase Contract and before shipment, and the Purchase Contract shall have been confirmed and shall take effect upon Alibaba.com transaction system confirms the receipt of the remittance. The Seller shall provide ACS with the relevant Purchase Contract within fourteen (14) Calendar Days upon ACS receives the Contract Sum (as set out in the Purchase Contract) for verifying the said Contract Sum with the relevant Purchase Contract.

 

7.3 Third Stage:  The Seller shall ship the products in accordance with the terms agreed in the Purchase Contract. The Seller shall use ACS’s exportation customs clearance service through Alibaba.com. 

 

7.4 Fourth Stage: The Buyer shall confirm receipt of products and provide a written review of the Seller on Alibaba.com within “N calendar days” after the Seller has shipped the products.

 

7.4.1 Unless otherwise mutually agreed by Buyer and Seller, or the Seller has provided any other relevant evidence evidencing the Actual Shipment Date, the Actual Shipment Date determined in the Dispute Determination shall be determined in accordance to the Shipment Date recorded in Alibaba.com Trade Confidence transaction system. If the Seller provides conclusive evidence in relation to the Actual Shipment Date to the contrary and such evidence has been approved by ACS, such evidence shall prevail. The Seller shall choose to use ACS in the exportation of the products. The Actual Shipment Date on Alibaba.com Trade Confidence transaction system will usually be the date on which Seller completes export clearance.

 

7.4.2 Under certain transaction setting, the Buyer may extend the Shipment Date with the Seller's permission for not more than ninety (90) Days (including the ninetieth (90th) Day), such as in wholesale transaction.

 

7.4.3 If permitted by Alibaba.com transaction system, the Buyer and the Seller may extend the expected date of arrival of the products.

 

Article 8 Application for Dispute Determination: 

 

After the Purchase Contract has taken effect, a party that has submitted a complaint to Alibaba.com under the terms of the Purchase Contract may use the Dispute Determination services (ie, dispute resolution and related services – see Agreement on Use of Complaint Center) provided by Alibaba.com. The request shall be submitted via the complainant’s valid account on Alibaba.com in accordance with the website’s guidance and instruction after the party has logged in to Alibaba.com. A valid account generally refers to the Buyer or the Seller’s email address inserted into the Purchase Contract at the time of drafting, or the regular and effective account used by Buyer or Seller on Alibaba.com when Buyer or Seller confirmed the Purchase Contract.

 

Chapter 4 Rules for Dispute Determination in Connection with Trade Confidence Services

 

Article 9 Complaints and Handling

 

9.1 Complaints

 

9.2.1 If a dispute arises after the Purchase Contract has taken effect, the Buyer may raise a complaint through the System, and the Seller may raise a complaint through the Complaint Center. The complaining party is referred to as the “Complainant” and the other party as the “Respondent”.

 

9.2.2 The Complainant shall fill in the reasons and grounds for raising the dispute and provide sufficient supporting documents within the time limit displayed on the System. 

 

9.2.3 The Complainant and the Respondent should use their best endeavors to resolve the dispute amicably. After the Complainant has submitted the dispute complaint, the parties have three (3) Days to negotiate without the involvement of Alibaba.com dispute customer service representative. If no agreement is reached by the parties within the three (3) Days period, from the fourth (4th) Day onwards, the Buyer may request Alibaba.com customer service representative to resolve the dispute, or may continue to negotiate with the Seller. If no agreement is reached by the parties, and the Buyer has not request Alibaba.com customer service representative to resolve the dispute and withdrawn its complaint, on the seventh (7th) Day from the date of complaint, the system will escalate the complaint to a customer service representative of Alibaba.com automatically for Dispute Determination. Prior to Alibaba.com customer service representative’s involvement, the Buyer and the Seller shall be solely responsible for any risk and the outcome of their negotiation. If during the course of Dispute Determination, the parties have reached a settlement, a written agreement or other agreement in writing shall be provided to Alibaba.com which will then cease the Dispute Determination. The results of implementation and enforcement of the settlement by the parties are outside the scope of Trade Confidence Service, if either party is not satisfied with such settlement or enforcement results, the parties shall resolve the matter on their own through consultation.

 

9.2 Complaint Withdrawal

 

9.2.1 The Complainant may withdraw the complaint before Alibaba.com makes any determination on the complaint. 

 

9.2.2 The Respondent shall not lure, engage in any fraudulent act to cause, or coerce the Complainant to withdraw the complaint. 

 

9.3 Claim Period

 

9.3.1 The Buyer must submit a complaint to Alibaba.com for Dispute Determination within the applicable Claim Period in order to activate the Dispute Determination process, failing which, Alibaba.com shall have no obligation to response after the Claim Period.

 

9.3.2 The claim period may vary depending on the shipment method in the Purchase Contract but in any case it shall not exceed thirty (30) Calendar Days after the Date of Acknowledgement of Receipt of the Products.

 

9.4 Notice

 

After Alibaba.com has received the request for Dispute Determination, Alibaba.com will promptly notify the Respondent about the complaint by mail, telephone, or any other methods as deemed appropriate. 

 

9.5 Counter-notice

 

9.5.1 After being notified by Alibaba.com, the Respondent should submit a counter-notice for the complaint within three (3) Working Days and provide sufficient supporting evidence. 

 

9.5.2 If the respondent has failed to submit a counter-notice in time or fails to provide sufficient evidence to support its counter-notice, Alibaba.com will make decisions based on the existing supporting evidence available. 

 

9.6 Supporting Evidence

 

9.6.1 The data and information recorded in the systems of ACS and Alibaba.com shall serve as the primary evidence and basis for determination of any dispute.  Other information and record shall only serve as a supplemental information for Dispute Determination.  

 

9.6.2 Both the Buyer and the Seller shall ensure that the supporting evidence provided is true, complete, valid and lawful. Both the Buyer and the Seller acknowledge and agree that ACS and Alibaba.com does not guarantee that the supporting evidence submitted by either party is true, complete and accurate and shall not be held responsible if such information is untrue or misleading.   

 

Article 10 Dispute Determination Service (“Dispute Determination”)

 

10.1 The Buyer or the Seller’s use of Alibaba.com’s Dispute Determination service shall be taken as indication from the relevant party that Alibaba.com has the right to make an independent decision (often referred to as “adjudication”, “dispute resolution decision” or “mediation decision”) on any disputes related to the Purchase Contract in the capacity of a normal and non-professional person. Both Buyer and Seller understand and agree that Alibaba.com will not be liable for any imperfect, defective, improper or faulty decisions regarding compensation, settlement of claims, payment and disposal, etc., as it is not a professional judicial authority.      

 

10.2 After the Purchase Contract has taken effect, if the Seller commits any of the following breaches of the Purchase Contract, the Seller shall be considered by Alibaba.com to have breached the Purchase Contract and accordingly, the Seller shall be required to refund the amount of the Contract Sum (as set out in the Purchase Contract) already received or an amount mutually agreed upon by the Buyer and Seller (in accordance with the system records of the Complaints Platform) or such other amount as designated by an employee who represents Alibaba.com and ACS (partial refund shall be conditional upon the Buyer’s acceptance of the Seller’s act of breach of the Purchase Contract) and will be subject to the penalty terms imposed by Alibaba.com:  

 

10.2.1 Seller refuses to deliver products in bad faith, whereby, the Seller expressly states that the Seller is not going to deliver the products in the Purchase Contract without any valid reason;

 

10.2.2 Seller fails to deliver the products within the stipulated time:  the Seller fails to deliver the products within the specified period of time and the Buyer does not agree to a new Shipment Date (unless due to reasons attributable to Buyer);

 

10.2.3 False delivery:  the Seller claims to have delivered the goods but fails to provide such valid evidence of shipment or has provided a false evidence of shipment;

 

10.2.4 Inconformity of delivered products with the Purchase Contract:  products delivered by Seller do not conform to the quality described in the Purchase Contract, damaged packages or shortages in quantity in breach of the Purchase Contract, thereby resulting in a material damage to the value of delivered products, or the commercial objective known or should be known to both Buyer and Seller becoming unachievable.  In case of failure by both Buyer and Seller to reach an agreement regarding the inconformity of delivered products with the Purchase Contract, the party trying to establish a claim shall provide effective, complete and accurate evidence, like photos and videos, to prove its claim. If any of such evidence is determined by Alibaba.com to be insufficient, the parties shall submit an inspection report issued by a designated inspection company;

 

10.2.5 Defective Shipping documents and other material breach: the Seller fails to deliver documents of title to the products as agreed, fails to provide shipping documents (custom clearance documents or certifications) or other documents as agreed or has committed other material breach, thereby resulting in severe loss to the products’ value, or failure to achieve the major business objectives known or should have been known by both Buyer and Seller;

 

10.2.6 The Buyer shall provide sufficient evidence to prove that the Seller has committed the above breach. Such evidence includes evidence provided by the Buyer itself or any other evidence provided by any third party. Both the Buyer and Seller acknowledge and agree that Alibaba.com shall have the right to determine the reasonableness, completeness, effectiveness or sufficiency of the evidence unilaterally. If any party disagrees with the evidence provided, such party shall provide evidence to the contrary to Alibaba.com for use in its determination, otherwise such party shall bear the adverse consequences.

 

10.3 After the Buyer has submitted a request for Alibaba.com to resolve a dispute over product quality, the Buyer shall provide effective, complete and accurate evidence, like photos and videos within the stipulated time frame, if the product’s problem can be proven through photos and videos. If Alibaba.com determines that the Buyer shall provide more evidence to support its claim, the Buyer shall at the request of Alibaba.com instruct one of the designated Product Inspection Company designated contact information to inspect the products and pay the relevant inspection fees. Alibaba.com shall make a decision on the dispute based on the product inspection report issued by the Product Inspection Company. The inspection fees shall be borne by the party in breach according to Dispute Determination outcome.  If the Buyer and the Seller did not expressly agree on the quality of the products, the Product Inspection Company shall have the right to issue the quality inspection report based on the relevant industry standards. Alibaba.com may reject any product inspection reports issued by other product inspection companies. If the products cannot be inspected due to reasons or faults attributable to a particular party, such party shall be liable for any damage or liability arising therefrom. 

 

10.4 If ACS decides to refund the amount of Contract Sum which has been paid by the Buyer to an account designated by Alibaba.com on behalf of the Seller in accordance with the Purchase Contract, ACS shall, under normal conditions, remit the funds to be refunded (which shall not exceed the total sum of Trade Confidence Amount and Retained Proceeds (and inspection fee, if any, should be refunded to Buyer) to the Buyer’s original payment bank account within seven (7) Days after the Buyer has provided the correct bank account information. If the sum to be refunded by Seller exceeds the Trade Confidence Amount, such excessive amount shall firstly be paid by the Seller to ACS in Ringgit Malaysia to an account designated by Alibaba.com, and ACS shall seek such local financial institution to convert such sum to the relevant foreign currency and forward such sums to the Buyer on Seller’s behalf; Buyer shall bear all the relevant bank fees associated with any refund.

 

10.5 The Buyer and the Seller shall agree in writing on all terms not explicitly set out in the Purchase Contract (such as, but not limited to, any arrangements relating to return of products under the Purchase Contract). In the absence of agreed product return arrangement, and if the Buyer has already received the products at the time of dispute, and provided that the Dispute Determination has decided that the Seller shall refund the amount of Contract Sum (as set out in the Purchase Contract) received by Seller to the Buyer, the Buyer shall coordinate with the Seller timely on the product return. The Seller shall bear all fees incurred for the product return, and make arrangement for the return. The Seller shall be solely responsible for any risk in connection with transiting the return products. If the Buyer does not comply with the requirement above, no refund shall be allowed. The Purchase Contract shall be terminated upon Buyer’s receipt of the refunded amount.

 

Article 11 Disclaimer

 

The Buyer hereby acknowledges and agrees that the Buyer shall not receive any refunds from ACS in any of the following circumstances:

 

11.1 The products underlying the transaction of the Purchase Contract do not comply with the relevant laws, regulations, policies, rules and Alibaba.com Rules;

 

11.2 The contractual terms agreed between the Buyer and Seller (including but not limited to terms in relation to Shipment Date, product quality and payment amount) which are unclear, ambiguous or unenforceable contractual terms with reference to the terms in the Purchase Contract;

 

11.3 The Buyer did not pay the Contract Sum (as set out in the Purchase Contract) in accordance with the timing, currency and payment methods approved by Alibaba.com as agreed in the Purchase Contract to the designated beneficiary bank account;

 

11.4 The Buyer’s payment account is false or untraceable or cannot be authenticated;

 

11.5 The Buyer provides false information or the information provided cannot be verified;

 

11.6 After a request for Dispute Determination is submitted and before Alibaba.com lays down a decision, the Seller had delivered the products under a Purchase Contract or made the refund to Buyer;

 

11.7 Alibaba.com and/or ACS has reason to believe that the Buyer and the Seller had conspired in bad faith;

 

11.8 The Buyer can no longer operate its account at Alibaba.com;

 

11.9 The products of the Purchase Contract cannot be imported due to any laws, regulations and/or policies of the importer’s country, and the Buyer did not inform the Seller in relation to such restrictions and/or prohibitions;

 

11.10 The Buyer knew or should have known that the Seller should have used but did not use ACS Services during the term of the Purchase Contract but proceeded to pay the Contract Sum (as set out in the Purchase Contract);

 

11.11 The Buyer fails to provide, in accordance with Alibaba.com and/or ACS’s request, effective, complete and accurate evidence;

 

11.12 During the period of complaint for overdue goods or before the complaint is filed, the Buyer expressly confirms acceptance of Seller’s late shipment;

 

11.13 The Buyer and the Seller have reached a settlement plan during the period of complaint, and no complaint has been re-submitted during the applicable claim period;

 

11.14 The Buyer did not retain the necessary evidence as required to prove its case causing Alibaba.com unable to carry out Dispute Determination;

 

11.15 The Buyer failed to timely coordinate with the Seller on the return of product, when product return is required; and

 

11.16 Any other faults attributable to Buyer.

 

Article 12 Termination of Purchase Contract

 

ACS has the right to terminate the Trade Confidence Services immediately and take any relevant enforcement actions against the party in breach of any of the following events:

 

12.1 Alibaba.com has accepted and made a resolution on a dispute request and decided to terminate the Trade Confidence Services at the same time;

 

12.2 Alibaba.com and/or ACS has reason to believe that Buyer and Seller have conspired in bad faith;

 

12.3 Both the Buyer and the Seller or the performance of the Purchase Contract is or is alleged to be in breach of any relevant laws, regulations, policies, rules or orders of any competent authority(ies);

 

12.4 Either the Seller or the Buyer’s account on Alibaba.com is terminated for any reason, or the Purchase Contract cannot be performed due to any penalties imposed; or     

 

12.5 Either the Seller or the Buyer or both, is/are in breach of the Purchase Contract, service rules or website policies of ACS, Alibaba.com or these Rules. 

 

12.6 The Seller has failed to ship the products within a reasonable time period, and no complaint has been submitted by the Buyer.

 

Chapter 5 Trade Confidence Services Penalty Rules

 

Article 13 Prohibited Acts

 

Upon the occurrence of any of the following events, the party in breach shall be subjected to penalties in accordance with these Rules:

 

13.1 After receiving the Buyer’s intention to enter into a Purchase Contract, the Seller refuses to draft the Purchase Contract without any valid reason;

 

13.2 After ACS has paid the refunded payment to the Buyer for and on behalf of the Seller, the Seller has failed to reimburse the sum to ACS at the designated bank account in full within fifteen (15) Calendar Days;

 

13.3 Giving negative comments or raising complaints against the other party in bad faith, or using such means to blackmail the other party;

 

13.4 The Buyer did not pay the remaining balance of the amount of Contract Sum (as set out in the Purchase Contract)  to Seller in accordance with the terms of the Purchase Contract without any valid reason;

 

13.5 Providing false documents, information or supporting documents;

 

13.6 The Buyer and the Seller maliciously conspire, or engage in any other material dishonest conduct;

 

13.7 The Seller should have used but did not use ACS Services; or due to the Seller’s fault (including but not limited to the Seller’s instruction to Buyer etc.);

 

13.8 The Buyer and the Seller have committed other breach of the Purchase Contract or these Rules.

 

Article 14 Penalties for Breach

 

14.1 ACS shall take the relevant enforcement action against the party in breach of these Rules based on the extent of breach. If the party in breach has more than one membership accounts at Alibaba.com, ACS shall have the right to take the same enforcement action against all such membership accounts.

 

14.2 Until completion of the Dispute Determination process by Alibaba.com and/or full payment of any refund according to the dispute determination result, the balance of Seller’s Trade Confidence Amount will be retained.

 

14.3 If the Seller is in breach of Section 13.1 of these Rules, ACS shall have the right to take the following enforcement actions against Seller:

 

Number of Breach

(within a year)

Enforcement Actions

Once

Warning

 

Twice and above

Terminate the Seller’s Trade Confidence Services and prohibit the Seller from reapplying for such services for ninety (90) Days from the date of such termination

 

 

14.3.1 Every termination of the Seller’s Trade Confidence Services shall remain on record for three hundred and sixty-five days (365) Days.  

 

14.3.2 The Seller shall not be able to reapply for or restore the Trade Confidence Services within ninety (90) Days after withdrawal from such services on a voluntary basis.

 

14.3.3 Every act of breach will be recorded as at the time when ACS makes a determination on the dispute.     

 

14.3.4 If the same Buyer repeatedly raises multiple complaints against the same Seller for the same breach relating to a Purchase Contract, all such complaints will be counted as one complaint. 

 

14.4 If the Seller is in breach of Article 13.2 of these Rules, the Seller shall be subject to the following enforcement actions:

 

Number of Days due

Enforcement Actions

0 – 15 Days

Retained Trade Confidence Amount

16 Days and/or above

Retained Trade Confidence Amount and deduct 3-48 penalty points in accordance with the Rules for Enforcement Action against Non-Compliance of Transactions on Alibaba.com.

30 Days and/or above

Terminate All Trade Confidence Amount

60 Days and/or above

Terminate the Seller’s Malaysia Gold Supplier Services; ACS shall also have the right to make publicly known Seller’s bad faith activity/ies and report such activity to the credit agency under the Central Bank of Malaysia.

 

 

14.5 If the Buyer is in breach of Articles 13.3, 13.4, 13.5 or 13.6 of these Rules, the Buyer’s account at Alibaba.com shall be terminated. 

 

14,6 If the Trade Confidence Amount is cancelled and there are other Purchase Contracts that are in operation, then:

 

14.6.1 If the Buyer has paid the deposit and ACS has determined that such payment cannot be refunded directly, then both the Buyer and the Seller should continue to carry out the Purchase Contract;

 

14.6.2 If the Seller has delivered the products, then both the Buyer and the Seller shall continue to carry out the Purchase Contract. 

 

14.7 If the Seller is found to be in breach of Article 13.7 of these Rules, the Seller will be disqualified from Trade Confidence Services.

 

14.8 If the Seller’s qualification of Trade Confidence Services was terminated due to penalty, the Seller shall not be able to reapply for such services for ninety (90) Days from the date of such termination.

  

Chapter 6 Miscellaneous

 

Article 15 Miscellaneous

 

15.1 ACS shall have the right to amend, revise and publish on Alibaba.com these Rules from time to time based on the actual performance of the Trade Confidence Services; and the amended, varied, and revised Rules will take effect on the designated date (if available) or, if there is no such designated date, the date of which it is published on Alibaba.com. 

 

15.2 If any party has any disagreement to these Rules, such party should stop using the Trade Confidence Services and immediately notify the other party, and ACS. By executing and performing the Purchase Contract and/or using any Trade Confidence Services, such party will be deemed to have accepted and agreed to be bound by these Rules.

 

15.3 Any representations, statements or agreements made or entered into elsewhere, whether directly or indirectly, written or oral or in advertising are not binding towards ACS unless expressly confirmed in writing by ACS to the Seller or Buyer.

 

15.4 ACS may provide the Seller and/or the Buyer with notices (including notices relating to changes to these Rules or termination of the Trade Confidence Services or parts thereof) by email, ordinary mail, or postings on or via Alibaba.com.

 

15.5 If ACS does not exercise or enforce any legal right or remedy which is set out in these Rules or which ACS has the benefit of under any applicable law, this will not be construed as a formal waiver of ACS's rights or remedies and such rights or remedies will remain available to ACS.

 

15.6 If any provision of these Rules is held to be invalid, illegal or unenforceable (in whole or in part) as determined by a court of law having jurisdiction to decide on this matter, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 

 

15.7 Neither the Seller nor the Buyer are permitted to transfer, assign or otherwise dispose of these Rules or obligations arising under these Rules without the prior written consent of ACS.

 

15.8 These Rules shall be governed and construed in accordance with the laws of the jurisdiction of Malaysia, without regard to its conflict of law provisions and subject to the non-exclusive jurisdiction of the courts of such jurisdiction, to resolve any legal matter arising in relation to these Rules and the Trade Confidence Services. Notwithstanding the foregoing, ACS may apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

 

Article 16 Insurance

 

16.1 Unless otherwise agreed by the parties, if the Trade Terms (as set out in the Purchase Contract) selected for the Purchase Contract is Free on Board (FOB) or Cost and Freight (CFR), then the insurance shall be effected by the Buyer at the Buyer’s cost. Alternatively if the Trade Terms (as set out in the Purchase Contract) selected for the Purchase Contract is Cost, Insurance and Freight (CIF), then the Seller shall obtain the insurance for the shipment at the Seller’s cost.

 

16.2 For the avoidance of doubt, ACS is not providing an insurance service by providing Trade Confidence Services to the parties. ACS is not under any obligation to obtain insurance for the Purchase Contract.

 

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