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Enforcement Actions for Publishing Invalid Product Information

 

(“Rules”)

Version No.: July 27, 2017                                                                     Effective Date: Aug 3, 2020

 

Alibaba.com is committed to actively maintaining order on the Alibaba.com Website and improving the user experience. Pursuant to Alibaba.com International Platform’s General Provisions, these Rules are hereby formulated to prohibit any publication of Invalid Product Information (as defined below) on Alibaba.com’s International Website (URL: http://www.alibaba.com) and/or any mobile apps ("Alibaba.com Website"). These Rules shall apply to all sellers that create, publish and promote content and/or information on the Alibaba.com Website (“Sellers”).

 

Article 1 – Invalid Product Information

 

  1. Invalid Product Information” shall refer to the product information published by any Seller on the Alibaba.com Website that involves any of the following violations: (a) product information that violates the applicable rules of the Alibaba.com Website; (b) store information that violates the applicable rules of the Alibaba.com Website; (c) product category misplacement; (d) duplicate product postings; (e) falsified pricing, stock keeping units (“SKU”) and/or minimum order quantity (“MOQ”) (“Falsified Information”); and/or (f) any other content which is deemed to be not in the interest of the Alibaba.com Website and/or its users.

 

Article 2 – Classification of Violations

 

A.     Product category misplacement

 

  1. Product category misplacement refers to instances where the category selected by a Seller on the Alibaba.com Website when posting a product thereon does not match the actual category of the product.

 

  1. A product shall be placed under the applicable subcategory that is most relevant and suitable to the product. The product shall not be placed under the category of "Others" if there is an available category that is a better match. Categories recommended by the system are for reference only. Sellers shall select appropriate categories with caution based on the actual nature of the products.

 

  1. For categories that require special control (as set out below) (“Special Control Categories”), the relevant product information shall be published under the specified category that is applicable thereto. If a Seller does not select the specific category according to these Rules, it will be deemed as an intentional breach. Alibaba.com shall have the right to take any enforcement action against the Seller in accordance with the Enforcement Actions for Displaying Prohibited and Controlled Items, these Rules and any other rules and regulations on the Alibaba.com Website.

 

  1. For any product that is discovered to be subject to product category misplacement, Alibaba.com shall have the right to remove and/or delete the offending product from the Alibaba.com Website, and shall deduct one (1) point from the Seller’s account for such violation. In the event the number of the offending products have exceeded an amount prescribed by Alibaba.com, Alibaba.com shall have the right to take more serious measures against the Seller including to adjust the search rankings of all products of the Seller on the Alibaba.com Website (or any part thereof) regardless of whether all such products are subject to category misplacement and to deduct more points (subject to the seriousness of the violation by the Seller as may be determined by Alibaba.com) from the Seller’s account. For more severe violations, Alibaba.com shall reserve the right to (a) block all the Seller’s products from the Alibaba.com Website; and/or (b) suspend or terminate its account on the Alibaba.com Website.

 

  1. Examples of the Special Control Categories shall include but are not limited to the following:

 

(a)     Information relating to over-the-counter medicines shall be published under the “Health & Medical > Medicine” category.

(b)     Information relating to fireworks, firecrackers and other similar products shall be published under the “Gifts & Crafts > Festive & Party Supplies > Fireworks & Firecrackers” category.

(c)     Information relating to police supplies and other similar products shall be published under the “Security & Protection > Police & Military Supplies” category.

(d)     Information relating to crossbows and other similar products shall be published under the “Sports & Entertainment > Outdoor Sports > Hunting > Bow & Arrow” category.

(e)     Information relating to audio-visual products shall be published under the “Consumer Electronics > Electronic Publications” category.

 

For other categories that are subject to special control, please see the Enforcement Actions for Displaying Prohibited and Controlled Items.

 

B.     Duplicate product postings

 

  1. Duplicate product postings refers to circumstances where any Seller publishes two (2) or more products with product information that is identical or contains similar information between each other or shares similar attributes and/or descriptions between each other (including but not limited to the brand, specification, model, materials, image, etc.). Any products that are of the same nature but come with different specifications and models shall be published under the same product but with different SKU attributes.

 

  1. If any products posted by any Seller are reasonably deemed to be duplicate product postings by Alibaba.com, Alibaba.com shall have the right to take the following enforcement actions:

 

 

Violation

Enforcement Action

(a)

Publishes offending products on the Alibaba.com Website

The offending product will be removed

(b)

Failure to rectify any product posting that is subject to rectification* within the 14 day rectification period

The offending product will be completely deleted from the Alibaba.com Website

 

Remarks:

(i)     * product posting that is subject to rectification shall refer to any offending product of which Alibaba.com has requested the Seller to rectify the violation via the Product Optimization Tools;

(ii)    Only one line of product information will be displayed in the search results, (i.e. the product with the highest buyer preference and the best historical performance when the buyer searches for similar products via certain keywords). Other duplicate product information will not be displayed in the search results.

 

3.      In the event where the number of products that are discovered to be subject to duplicate product postings have exceeded an amount prescribed by Alibaba.com, Alibaba.com shall have the right to adjust the search rankings of all products of the Seller on the Alibaba.com Website (or any part thereof) regardless of whether all such products are subject to duplicate product postings and to deduct points (subject to the seriousness of the violation by the Seller as may be determined by Alibaba.com) from the Seller’s account. For more severe violations , Alibaba.com shall reserve the right to (a) block all the Seller’s products from the Alibaba.com Website; and/or (b) suspend or terminate its account on the Alibaba.com Website.

 

C.    Falsified Information  

 

  1. Falsified pricing refers to the conduct of any Seller which involves the following events: (a) there is a significant difference between the listed price range of a product posted by a Seller and the market price of the similar product in the same industry; (b) whilst the price of the product posted by the Seller is low, the relevant shipping costs is significantly higher than average; and/or (c) the actual shipping cost collected by the Seller is higher than the shipping cost shown on the Alibaba.com Website.

 

  1. Falsified MOQ refers to the conduct of any Seller which involves falsifying the MOQ.

 

  1. Falsified SKU refers to the conduct of any Seller which involves any abuse of SKU settings on the Alibaba.com Website (such as setting the specifications, quantity, unit, postage, and other information in an unconventional way, or changing key product elements through the SKU settings) for publishing a higher-priced or lower-priced SKU that deviates from the normal price.

 

  1. If Alibaba.com has any reasonable ground to believe that any Seller is involved in any of the abovementioned conduct, the Seller shall be deemed to have committed a violation hereunder. Alibaba.com shall have the right to take the following enforcement actions:

 

 

Violation

Penalty

  1. (a)

Publishes products that violates these Rules for the first time.

 

The product will be removed.

  1. (b)

Publishes products that violates these Rules for the second time or subsequent violations

The product will be completely deleted  from the Alibaba.com Website.

 

 

  1. For any product that is discovered to contain any Falsified Information, such product will not have the chance to be shown in the search result on the Alibaba.com Website. In the event where the number of a Seller’s products that are discovered to involve falsified MOQ and/or falsified pricing have exceeded an amount prescribed by Alibaba.com, Alibaba.com shall have the right to adjust the search rankings of all products of the Seller on the Alibaba.com Website (or any part thereof) regardless of whether all such products are subject to falsified MOQ and/or falsified pricing and to deduct points (subject to the seriousness of the violation by the Seller as may be determined by Alibaba.com) from the Seller’s account. For more severe violations, Alibaba.com shall reserve the right to (a) block all the Seller’s products from the Alibaba.com Website; and/or (b) suspend or terminate its account on the Alibaba.com Website.

 

D.     Product/Store information in violation of the Alibaba.com Website rules

 

  1. Any product and/or store information will be deemed to have violated the rules of the Alibaba.com Website if: (a) there is no specific product name in the title; (b) a product title contains contact information; (c) a product title is crammed with product names; (d) a product title is crammed with descriptions (including but not limited to product name, brand, model, and descriptive words); (e) there is a discrepancy between the product name in the title and product images; and/or (f) there is a discrepancy between the title description and the corresponding detailed product descriptions. For the avoidance of doubt, the aforementioned list is not exhaustive, and Alibaba.com shall reserve its right to construe and determine if any product and/or store information has violated any rules of the Alibaba.com Website. 

 

  1. For any product that is discovered to be in violation of the Alibaba.com Website rules on product/store information, Alibaba.com shall have the right to remove and/or delete the offending product from the Alibaba.com Website, and shall deduct one (1) point from the Seller’s account for such violation. In the event the number of the offending products have exceeded an amount prescribed by Alibaba.com, Alibaba.com shall have the right to take more serious measures against the Seller including to adjust the search rankings of all products of the Seller on the Alibaba.com Website (or any part thereof) regardless of whether such products are subject to any violation of product/store information against the Alibaba.com Website rules and to deduct more points (subject to the seriousness of the violation by the Seller as may be determined by Alibaba.com) from the Seller’s account. For more severe violations, Alibaba.com shall reserve the right to (a) block all the Seller’s products from the Alibaba.com Website; and/or (b) suspend or terminate its account on the Alibaba.com Website .

 

Article 3 - Product information management

 

A.     Purging inactive products

 

1.          An inactive product refers to products that have not been edited in the past 180 days and/or has no visitor count, no inquiries (or feedback), no favorite count, no share count, no price comparison, no TM query, no wholesale order, and/or no trade assurance order .

 

2.          Inactive products will be removed from the Alibaba.com Website, and the Seller will be urged to optimize.

 

B.     Product release mismanagement

 

1.          Products that are deemed to be subject to product release mismanagement are those that (a) require re-editing due to category attribute adjustments; (b) are subject to special industry regulations; or (c) fail to pass the review process of Alibaba.com prior to its release.

 

2.          Any of the abovementioned products will be removed from the Alibaba.com Website.

 

Article 4 – Replacement

 

These Rules shall supersede and replace the “Rules for Enforcement Actions against Non-compliance Relating to Inappropriate Product Postings”.

 

Article 5 – Amendments

 

Alibaba.com reserves the right to amend these Rules due to any amendment to any applicable laws and regulations, any change in the business environment, and/or other reasons of which Alibaba.com may make an announcement on. The amended version of these Rules will come into force as of the date specified in the announcement.

 

Article 6 - Inconsistency

 

These Rules shall constitute a part of Alibaba.com International Platform’s General Provisions. Should there be any discrepancy between these Rules and Alibaba.com International Platform’s General Provisions, these Rules shall prevail. Matters not provided herein shall be governed by Alibaba.com International Platform’s General Provisions. In the event of any discrepancy and/or ambiguity herein, or any inconsistency between the Chinese version and a non-Chinese version of these Regulations, the Chinese version shall prevail.

 

Article 7 – Final interpretation

 

Alibaba.com reserves the right of final interpretation and decisions and all relevant rights hereof.

 

 

 


 

 

Rules for Enforcement Actions against Non-compliance Relating to Inappropriate Product Postings

Version No.: July 5, 2017                 Updated on: July 6, 2017

 

Alibaba.com has been committed to acting in good faith and actively maintaining a good market order of the platform. In order to stop inappropriate product postings and enhance user experience, these Rules are hereby formulated in accordance with the Rules for Transactions on Alibaba.com.

 

Article 1. Definition

Non-compliance in connection with inappropriate product postings (hereinafter referred to as “Inappropriate Product Postings”) shall refer to non-compliance by seller in posting product information on Alibaba.com, including but not limited to inappropriate product title description, miscategorized product, duplicate product postings, false product pricing and false minimum order quantity (MOQ) of product, etc.

 

Article 2. Types of Non-compliance

1. Inappropriate product title description

Inappropriate product title description includes without limitation: no clear product name in title description; containing contact information in title description; excessive product names in title description; excessive product descriptions in title (including without limitation to excessive product names, brands, model numbers and descriptive words); inconsistency between product name in title description and product pictures; inconsistency of seller’ intention stated  in product title description and that stated in detailed product description, etc.  

2. Miscategorized product

Miscategorized product refers to product postings that are placed in inappropriate categories.

In selecting product category, seller shall select a category that closest matches and is most appropriate for your product, and shall not select the category “others” as long as there is any other suitable category. The category recommended by the system shall be for reference only. Seller shall carefully select the related and suitable category according to the attributes that describe your product.

For prohibited and controlled categories, seller shall select the designated categories in product postings, failing which, such seller shall be deemed to circumvent rules governing the prohibited and restricted categories and Alibaba.com shall have the right to impose enforcement actions in accordance with Enforcement Actions for Displaying Prohibited and Controlled Items.

Examples of prohibited and controlled categories:

(1) In case of posting information on over-the-counter (OTC) drug, the category “health & medical > medicine” shall be chosen;

(2) In case of posting information on fireworks and firecrackers, the category “Gifts & Crafts > Festive & Party Supplies > Fireworks & Firecrackers” shall be chosen;

(3) In case of posting information on police supplies, the category “Security & Protection > police & military supplies” shall be chosen;

(4) In case of posting information on bow and arrow, the category “Sports & Entertainment > Outdoor Sports > Hunting > Bow & Arrow” shall be chosen;

(5) In case of posting information on audio and video product, the category “Consumer Electronics > electronic publications” shall be chosen.

3. Duplicate product postings

Duplicate product postings refers to the product information posted by seller being identical or similar, or major product attributes or descriptions (including but not limited to brand, specification, model, material, picture, etc.) being identical or similar.

4. False product pricing and false MOQ of product

Such non-compliance includes without limitation: the product price range posted is significantly different from the market price of similar product in the same industry; the product price posted is low but the shipping cost is significantly higher than average; the shipping cost actually charged is higher than that posted by seller; providing false MOQ of product, etc.

 

Article 3. Enforcement Actions

Where seller has committed, or Alibaba.com reasonably believes that seller has committed, the aforementioned non-compliance relating to Inappropriate Product Postings, Alibaba.com will take the enforcement actions as follows:

[Against product]

The product that is involved in Inappropriate Product Postings (except for duplicate product postings) will be blocked in search results. Alibaba.com reserves the rights including but not limited to take down or delete such product postings.

For product that is involved in duplicate product postings, such product information will be displayed only once in search results, namely, the product with the highest buyer preference and the best record effect will be displayed when buyer searches similar product with particular keyword. Other duplicate product information will not be displayed in search results.

[Against account]

If any non-compliance relating to Inappropriate Product Postings is found by the platform, the ranking of the entire store shall be lowered in search results for seven (7) days.

In addition, for non-compliance in product title description, false product pricing and false MOQ of product, 0 penalty point will be deducted  for the first three violations in a given year and two (2) penalty points will be deducted  for each of the fourth and the subsequent violations (including violations detected and confirmed by the system).

 

Note:

1. These Rules will be implemented from July 16, 2017.

2. Alibaba.com reserves the right to promptly amend these Rules in accordance with any changes to laws and regulations, changes in business environment and other factors and to announce the same. The amended Rules will come into force as of the date specified in the announcement.

3. These Rules are an integral part of the Rules for Transactions on Alibaba.com. In case of any inconsistency between these Rules and the Rules for Transactions on Alibaba.com, these Rules shall prevail. For any matters not covered herein, the Rules for Transactions on Alibaba.com shall apply. In the event of inconsistency, ambiguity or conflict between the Chinese and the non-Chinese version of these Rules, the Chinese version shall prevail.

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