Alibaba.com Dispute Rules for Direct Pay Order Transaction
Version number: 20200116 Release date: January 16, 2020
Article 1 Purpose
In order to mediate the disputes arising from Direct Pay Order Transactions of Alibaba.com members on the platform, these Rules are hereby formulated in accordance with relevant provisions of the Alibaba.com Transaction Dispute Rules.
Article 2 Principle
Any order dispute arising from trading payment transactions shall be settled by the buyer and the seller through negotiations. Upon request by the buyer, Alibaba.com will provide limited dispute settlement services within the scope specified in these Rules.
Article 3 Definitions
1. Direct Pay Order Transaction, means a transaction mode in which a seller creates a transaction order on the transaction platform of Alibaba.com according to the negotiations between the buyer and the seller, sends a payment request to the buyer according to the amount and payment method specified in the order, and fulfills the obligation of delivery after the buyer pays for the order.
2. Direct Pay Order: means an order generated under the Direct Pay Order Transaction mode.
Article 4 Acceptance Period
If there is a dispute over an Direct Pay Order, the buyer shall file a dispute settlement application with Alibaba.com no later than 90 days after the Direct Pay Order is closed or completed; otherwise, such application shall not be accepted. If there are special provisions in other rules of Alibaba.com, such provisions shall prevail.
Article 5 Scope of Acceptance
While Alibaba.com accepts the following types of Direct Pay Order transaction dispute, the buyer and the seller may otherwise settle the dispute:
1. The seller fails to ship the goods or ships only a part of the goods after receiving the payment;
2. The seller fails to fulfill the obligation of refund within the specified time limit after the buyer and the seller reach an agreement on refund through consultation; and
3. Other disputes that Alibaba.com deems necessary to accept.
Article 6 Criteria for Liability Determination
1. If a seller has not shipped any goods as required in the order when the buyer applies for a dispute settlement, Alibaba.com supports return of the full payment to the buyer. If the seller has shipped a portion of goods, Alibaba.com supports return of the payment to the buyer in proportion to the goods unshipped.
2. If the buyer and the seller have reached an agreement on refund through consultation after the buyer initiates a refund application, but the seller fails to return the payment so agreed, Alibaba.com holds that the seller shall continue to return the payment as agreed.
Article 7 Punishment
1. Where it is determined that a seller fails to ship the goods after receiving the payment, which shall be deemed as an act of “failure to ship goods after an order is placed” as specified in the Rules for Enforcement Action against Non-Compliance of Transactions on Alibaba.com, 2 points shall be deducted for each violation if the seller takes the initiative to return the payment or reaches a settlement with the buyer, 4 points shall be deducted for each violation if the seller refuses to return the payment or fails to reach a settlement with the buyer, or 48 points shall be deducted for each violation if the seller commits fraud.
2. Where it is determined by Alibaba.com in the dispute mediation that a seller fails to perform the agreement on refund made through consultation, which shall be deemed as an act of “failure to fulfill any settlement agreement or any decision made by Alibaba.com in dispute mediation” as specified in the Rules for Enforcement Action against Non-Compliance of Transactions on Alibaba.com, 3 points shall be deducted for each violation.
Article 8 Supplementary Provisions
1. Alibaba.com has the right to amend these Rules from time to time in the case of any amendment to the laws and regulations, any change in the operation environment and other factors, and these Rules as amended will become effective after the expiration of the publicity period.
2. These Rules are an integral part of the Alibaba.com Transaction Dispute Rules. In case of any discrepancy between these Rules and the Alibaba.com Transaction Dispute Rules, these Rules shall prevail. Any matters not covered in these Rules shall be subject to the Alibaba.com Transaction Dispute Rules. If there is any discrepancy, ambiguity or conflict between the Chinese version and a non-Chinese version of these Rules, the Chinese version shall prevail.