< Back to list

Alibaba.com Punishment Rules for Improper Trading

                                                           

                          Updated: 【 August】[9th],2021       Effective Date: 【 August】[23th], 2021

 

  • Scope of application

Alibaba.com has been committed to following the principle of good faith and actively protecting the legitimate rights and interests of users. To continuously create a fair and just trading environment and maintain its healthy and orderly market order, Alibaba.com will deal with any improper trading discovered thereon or reporting information received thereby regarding improper trading, in strict accordance with the relevant provisions of the Alibaba.com Punishment Rules for Improper Trading (hereinafter referred to as these "Rules").

 

  • Definitions

"Improper Trading" refers to the behavior of causing others to misunderstand, rather than performing a real transaction, by deliberately concealing the true situation or uploading false information to the platform, or of performing an improper transaction for the purpose of obtaining improper benefits by taking advantage of the platform.

 

 

  • Major violations

 

1、Credit and sales hype

(1)The behavior of circumventing or maliciously using the rules of the platform or otherwise to improperly obtain improper benefits such as false product sales, traded quantity, product reviews, transaction amount, and platform transaction points or credit accumulated; and

(2)The behavior of false buyer payment, i.e., the behavior of self-buying and self-selling, such as the seller's purchasing the products listed by itself by registering or manipulating other accounts (e.g., the accounts of hyping gangs, relatives, friends, or company colleagues), or the seller's paying for orders using its own funds.

 

2、False logistics information, or provision of unreasonable logistics information without reasonable association or reasonable explanation

(1)False or unreasonable logistics information is provided without reasonable association or reasonable explanation.

(2)The logistics information of an order is false or actually irrelevant to the order. For example, the product sending or receipt voucher provided by the seller is forged, altered, or combined, or the same order number is used repeatedly, or the logistics information cannot be queried or is unavailable.

(3)The vouchers related to the performance of an order do not comply with laws, regulations, or relevant requirements of Alibaba.com, e.g., forgery or fraudulent use of import and export declaration materials.

(4)False shipments.

 

3、Unreasonable price

  • The product price of an order is obviously different from the reasonable market prices of similar products, and is abnormally high or low,e.g., a computer is priced at $1.

 

4、The trading of funds for purposes other than performing a real transaction

(1)A contract fails to be performed after the collection of foreign exchange (including failing to prove the departure of products, and failing to ship without reasonable cause or making a false shipment).

(2)The country of the payer is inconsistent with the country of destination or the location of consignee set out in the transaction order, and no reasonable explanation can be given in this regard or the foreign exchange is refused to be returned in the same way that the foreign exchange is originally paid.

 

5、False trading

(1)Incompliant trading in which the buyer and the seller make a false shipment or make no shipment without any real transaction, so as to achieve purposes such as transfer of funds, cash-out, money laundering, and fraud;

(2)Performing fund collection or returning foreign exchange through the platform channel by falsifying orders;

(3)Defrauding transaction payments by publishing or providing products, services, or logistics information that are false or significantly inconsistent with the description;

(4)The buyer and the seller mislead Alibaba.com to lend money through malicious collaboration in the absence of a real order transaction; and

5Other behavior of performing a false transaction by falsifying or concealing the real transaction background, as determined by Alibaba.com.

 

6、Other behavior that Alibaba.com reasonably determines as an improper trading.

 

  • Penalty measures and procedures

 

1、For users determined by the platform to have committed an improper trading, Alibaba.com will cancel their corresponding rights and interests, and take control measures, including but not limited to deducting points, prohibiting the placing of orders (including credit insurance orders and OneTouch orders) or the collection of foreign exchange, and restricting the permission to participate in all marketing campaigns of the platform, according to the seriousness of the case.

2、Users whose improper trading falls within deliberately or maliciously circumventing the rules of the platform, and who repeatedly commit such improper trading and refuse to make rectifications, or violate multiple rules at once will be imposed with an aggravated penalty with severity.

3、If the circumstances of the improper trading are serious, or such user provides services, facilities, or assistance to others in their improper trading, or, upon investigation, is found to have committed a serious violation or is suspected of committing an illegal or criminal activity, Alibaba.com, in addition to directly closing the illegal account and the related accounts owned by the same subject and permanently refusing to cooperate with such user, reserves rights such as filing a lawsuit, handing the case over to the judicial authority, or reporting to the regulatory agency.

4、For users who are suspected of having performed a false transaction, as determined by Alibaba.com, Alibaba.com will impose on their accounts penalties such as closing their accounts/permanently refusing to cooperate with them, and withhold payment of the amounts in their accounts.

5、Specific penalty measures:

No.

Description

Penalty

1

  • If a user is found within a specific period to have committed an improper trading, such user shall be subject to relevant penalty according to the seriousness of the case and whether such user has violated the rules repeatedly after being punished by the platform for the improper trading, or deliberately or maliciously circumvents the rules of the platform, and refuses to cooperate with the rectification, as well as circumstances such as whether such user takes the initiative in the rectification, or takes the initiative in or cooperates with the return of improper benefits, or the return of foreign exchange collected without any real transaction.
  • Deducting 6 points + Prohibiting for 90 days the participation in marketing campaigns + Prohibiting for 30 days the placing of orders (credit insurance orders + OneTouch orders);
  • Deducting 24 points + Prohibiting for 180 days the participation in marketing campaigns + Prohibiting for 90 days the placing of orders (credit insurance orders + OneTouch orders) or the collection of foreign exchange; and
  • Deducting 48 points + Closing the account/Permanently refusing to cooperate with the user.

2

  • If a user is found within a specific period to have committed an improper trading; or
  • in the course of an investigation on an improper trading, a user is found to have taken the initiative in participating in the improper trading, or knowingly and deliberately assists others in the improper trading, or provides services or facilities to others in their improper trading; or
  • a user is involved in any violation of applicable national laws and regulations, such user shall be subject to relevant penalty.
  • Deducting 48 points + Closing the account/Permanently refusing to cooperate with the user.
 

6、Penalty procedures

(1)Alibaba.com actively identifies an improper trading;

(2)Alibaba.com notifies the user of specific information and penalties by email or other means, and cancels the corresponding rights and interests of the user for the time being and opens a channel for the user to present evidence and complain;

(3)The punished user may, within nine (9) calendar days upon receiving a notice of improper trading violation issued by the system, submit relevant complaint materials;

(4)Alibaba.com will complete the review of the complaint materials within seven (7) calendar days; and

(5)According to the review results, if the evidence provided by the user is effective, Alibaba.com will resume relevant rights and interests of the user; if the evidence is ineffective, Alibaba.com will punish the user in accordance with relevant provisions of these Rules. (The platform reserves the right to make the final determination on the review results.)

 

 

  • Miscellaneous

 

1Alibaba.com has the right to revise and publicize these Rules in a timely manner in accordance with factors such as the adjustment to laws and regulations and changes in the business environment. The revised rules shall take effect upon expiration of the publicity period thereof.

2、These Rules are an integral part of the rules issued by Alibaba.com. If these Rules are inconsistent with other rules issued by Alibaba.com, these Rules shall prevail. Matters that are not covered herein shall be subject to other rules issued by Alibaba.com.

 

icburule011133232136