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Rules for Enforcement Action against Non-compliance on Alibaba.com

 

Rules for Enforcement Action against Non-compliance on Alibaba.com 

I. Principles and Standards of Imposing Enforcement Action against Users’ Non-compliance on Alibaba.com

1. Principles of Disciplinary Action against Non-compliance 

Alibaba.com has the right to determine its sole discretion the conduct of users in accordance with applicable rules and regulations, and impose enforcement action accordingly. As for other acts of non-compliance not covered herein that damage the interests of other users or Alibaba.com, Alibaba.com may impose enforcement action in light of the circumstances, and supplement these Rules in a timely manner. Relevant enforcement action imposed by Alibaba.com in accordance with these Rules does not exempt users from any indemnity or other liabilities that should be assumed by such users under applicable laws, regulations, other Relevant Rules and relevant service agreements with Alibaba.com.

2. Standards of Enforcement Action against Non-compliance on Alibaba.com

Enforcement action against acts of non-compliance by users on Alibaba.com is determined by adopting a points-based system, i.e., there are certain penalty points corresponding to various user acts of non-compliance and enforcement action will be imposed accordingly when the accumulative penalty points reach a certain level. Unless otherwise specified, penalty points incurred across Alibaba.com will be recorded in an integrated system and calculated for penalty purposes. Alibaba.com is not restricted in deciding how to impose enforcement action against users merely based on penalty points.

Standards of points-based enforcement action against non-compliance on Alibaba.com are set forth in the table below:

Penalty points cumulatively incurred

Enforcement actions

Remarks

6 points

Issuance of severe warning

Email notification

12 points

Restriction for 7 days

Email notification and automatic enforcement of penalty by system

24 points

Restriction for 14 days

36 points

Restriction for 21 days+Removing all products

48 points

Termination of membership

Not applicable

Note:

a) In case of extremely serious non-compliance, Alibaba.com has the right to immediately terminate the agreement unilaterally and close the account without refunding service fees for the remaining period, and also has the right to announce the same on Alibaba.com and/or other media, impose associated penalties and/or permanent refusal of cooperation and other enforcement actions. 

b) Restriction includes but is not limited to blocking of search results, blocking of mini-site, restricting the submission and edits of new listings, etc.

c) Where the cumulative penalty points of a user reach 24 points or above, Alibaba.com has the right to refuse or restrict such user’s participation in various promotions and marketing activities on Alibaba.com or to use the products/services. 

d) Points are cumulatively calculated on a yearly basis, which means that all penalty points are on record for a 365-day period, except where enforcement action of closing the account has been imposed.

 

And Standards of Serious infringement of Intellectual Property Right are as below:

Number of Strikes

Enforcement

First Strike

Restriction for 7 days+Examination (Restriction for 30 days if the examination is not passed within 7 days)

Second Strike

Restriction for 14 days+Examination (Restriction for 60 days if the examination is not passed within 14 days)

Third Strike

Account termination

Notes:

  1.  “3 Strikes” is adopted as a principle of penalizing serious intellectual property rights infringements on Alibaba.com. Every complaint about serious infringements is counted as one strike; multiple complaints of serious infringements against the same user within three days shall be counted as one strike. The relevant time is calculated from the time when the first complaint is received. The account will be terminated once three strikes are accumulated on the same user.
  2. The term “complaint” herein refers to a complaint that is successful, including circumstances where a complaint is filed but no counter-notice is submitted by the user within the specified time limit, or where the counter-notice submitted by the user is rejected.
  3. Except for the terminated accounts caused by 3 strikes, the user receiving a strike is required to pass the intellectual property rights tutorial and examination every time. The user who passes the examination can recover its account to normal status upon the end of the restriction term.
  4. Restriction includes but is not limited to blocking of search results, blocking of mini-site, etc.
  5. The strike caused by serious infringement is recorded for 365 days. The number of strikes is cumulative in a 365-day rolling basis. 
  6. Alibaba.com reserves the right to terminate membership agreement or service agreement, membership account and any and all accounts determined to be related to such an account by Alibaba.com unilaterally in its discretion and/or to implement other measures that Alibaba.com considers appropriate, should a user be found committed in very serious infringement or investigated by judiciary/enforcement authorities with respect to suspected infringements.

 

II. Detailed Rules on Penalty Points Incurred for Non-compliance of Users on Alibaba.com

1. Non-compliance in Posting Information

Where a user posts any information in violation of the posting rules, Alibaba.com has the right to reject/delete the non-compliant information and take corresponding enforcement actions, including but not limited to, accumulating penalty points for non-compliance, refusing to allow the user to participate in various activities or use of various services on Alibaba.com, restricting the user’s access to their account and closing the account, etc.

1.1 Enforcement action against displaying prohibited and controlled items: Where a user posts any relevant information in violation of rules on displaying prohibited and controlled items, Alibaba.com has the right to impose enforcement action against such non-compliance in accordance with the Enforcement Actions for Displaying Prohibited and Controlled Items(Click here for detailed rules on penalty points incurred against displaying prohibited and controlled items)

1.2 Enforcement action against intellectual property right infringement: Where a user posts any information containing others’ intellectual property rights, Alibaba.com has the right to impose enforcement action against the same in accordance with the Enforcement Actions for Intellectual Property Right Infringement Claims(Click here for detailed rules on penalty points incurred against intellectual property right infringement)

2. Enforcement Action against non-compliance of Transactions

Where a user violates transaction-related rules on Alibaba.com, Alibaba.com has the right to impose enforcement action against such non-compliance in accordance with the Rules for Enforcement Action against Non-Compliance of Transactions on Alibaba.com  (Click here for detailed rules on penalty points incurred against transaction disputes)

In addition to the above, where a user commits other acts that violate Relevant Rules on Alibaba.com or damage the rights and interests of other users or Alibaba.com, Alibaba.com has the right to impose relevant enforcement action depending on the circumstances.

In the event of any inconsistency between the English and Chinese versions of these Rules, the Chinese version will always prevail.



Rules for Handling Unauthorized Use of A Third Party's Information 

Version No.: June 7, 2017                                        Effective Date: July 3, 2017

 

Alibaba.com has been committed to acting in good faith and actively maintaining a good market order of the platform. In order to curb unauthorized use of others’ information and enhance user experience, these Rules are hereby formulated in accordance with the Rules for Transactions on Alibaba.com.

 

Article 1. Definition of Unauthorized Use of A Third Party’s Information

Users of Alibaba.com (“Alibaba.com”) shall not use the services provided on the website to engage in any acts using a third party’s information without the authorization of information owner, which include but are not limited to: 

1. Unauthorized use of a third party’s name

2. Unauthorized use of a third party’s contact information

3. Unauthorized use of a third party’s certificate

4. Unauthorized publishing of a third party’s office photo

5. Others

The principle for handling complaint is that the complainant should be the information owner and no complaint from a third party will be accepted.

 

Article 2.     Rules for Punishment of Unauthorized Use of A Third Party’s Information

 

 

Unauthorized Use of A Third Party’s Information

Response to Complaint

Punishment

The first complaint is verified and the complainee deletes the improper information during the response period

Serious warning without deducting points

The first complaint is verified and the complainee fails to respond within the required response period

Deducting 2 points and deleting the improper information that includes a third party’s information 

The second or subsequent complaint is verified

Deducting 6 points and deleting the improper information that includes a third party’s information

Notes: 1. The response period is three working days. If there is no response within such period, it shall be deemed as the complaint has been verified.

      2. There is a protection period of 5 calendar days for the complaints about unauthorized use of a third party’s information, i.e., if several complaints are verified in 5 calendar days, the points will be deducted only once. Such protection period is subject to the date on which the complaint is settled.

      3. Where any company uses a third party’s information without authorization, causing material adverse effects, and refuses to cooperate, Alibaba reserves the right to delete the information from the complainee’s account. 

Refer to Rules for Enforcement Action against Non-compliance on Alibaba.com  for the standards for handling the corresponding accounts (unless otherwise specified, the penalty points are cumulative on the whole site of Alibaba.com)

 

Article 3. Process for Handling Complaints Against Unauthorized Use of A Third Party’s Information

Article 4. Miscellaneous

1. Alibaba shall have the right to promptly amend these Rules based on the amendments to laws and regulations, changes in business environment or other reasons and to announce the same. The amended version of these Rules will come into force as of the date specified in the announcement.

2. 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.

3. In the event of inconsistency, ambiguity or conflict between the Chinese and the non-Chinese version of these Rules, the Chinese version shall prevail.

 





Rules for Enforcement Action against Non-Compliance of Transactions on Alibaba.com 

Version No.: 20190118                                                                      Date of Issuance: 20190225



I. Penalties for non-compliance in online transactions

1、Failure to ship goods after an order is placed. After an order becomes effective, if the Seller refuses to perform its obligation of shipment, or if, at the time Alibaba.com accepts the dispute in relation thereto, the Seller still fails to ship the goods after the expiration of the agreed shipment period :

  1. 1 point will be deducted for each occurrence if the Seller and the Buyer have settled the dispute through negotiations and Alibaba.com has not intervened in the dispute;

  2. 2 points will be deducted for each occurrence if Alibaba.com determines that the Seller has breached its shipment obligation but provided an effective solution; or

  3. 4 points will be deducted for each occurrence if Alibaba.com determines that the Seller has breached its shipment obligation and failed to provide an effective solution.
     

2、Delay of shipment. If, at the time Alibaba.com accepts the handling of the dispute, the Seller has failed to ship the goods within the period as agreed in the transaction contract or as agreed by the Buyer and the Seller:

  1. 1 point will be deducted for each occurrence if Alibaba.com determines that the Seller has breached its shipment obligation but provided an effective solution; or

  2. 3 points will be deducted for each occurrence if Alibaba.com determines that the Seller has breached its shipment obligation and failed to provide an effective solution.
     

3、Goods delivered not corresponding to requirements as agreed. If the goods actually delivered by the Seller do not meet the agreed requirement in the transaction contract (including but not limited to, the material/component content/category/safety standard of the goods not corresponding to the agreed requirements, the loss of the major functions or unavailability for use of the goods, quality not up to standard, short shipment):

  1. 1 point will be deducted for each occurrence if Alibaba.com determines that the Seller was in breach of the transaction contract but provided an effective solution; or

  2. 3 points will be deducted for each occurrence if Alibaba.com determines that the Seller was in breach of the transaction contract and has failed to provide an effective solution.
     

4、Breach of undertakings. 3 points will be deducted for each occurrence if the Seller fails to comply with any of the following undertakings:

  1. to give the Buyer discounts, gifts, services and other benefits than the subject matter of the transaction as agreed;

  2. to provide the Buyer with after-sales services such as return and replacement of goods, spare parts, repair and quality warranty as agreed;

  3. to perform service commitments in accordance with marketing rules or service agreements; and

  4. other undertakings (unless otherwise provided).

No point will be deducted if the Seller pays liquidated damages to the Buyer as agreed between the Buyer and the Seller or pursuant to other rules of Alibaba.com, or if the Buyer and the Seller reach a settlement agreement.
 

5、Failure to fulfill any settlement agreement or any decision made by Alibaba.com in dispute mediation. If the Seller refuses or fails to fulfill the settlement agreement upon negotiations between the Buyer and the Seller or the decision made by Alibaba.com in dispute mediation, including but not limited to refund, replacement of goods, supplement of goods, reshipment of goods, repair, payment of liquidated damages or compensations, then 3 points will be deducted for each occurrence.

Notes: The Seller shall be deemed to have performed the obligation of refund either in the proactive manner (i.e. after the Buyer and the Seller reach an agreement through negotiations automatic deduction from the balance of the Seller’s account provided that the balance is sufficient) or in the passive manner (i.e. after the Buyer and the Seller reach an agreement through negotiations, if the balance of the Seller’s account is not sufficient, payment by Alibaba.com on behalf of the Seller and deduction of the corresponding amount from the Seller’s account within 15 days after payment by Alibaba.com on behalf of the Seller).
 

6、Sale of counterfeit goods. If the Seller sells goods that infringe on other parties’ intellectual property rights, and Alibaba.com determines that the Seller shall be liable therefor, then will be punished according to the Enforcement Actions for Intellectual Property Rights Infringements Claims on Alibaba.com.
 

7、Malicious collusion. If the Seller and the Buyer, by taking advantage of Alibaba.com, collude in committing any act that is prohibited by laws or other rules of Alibaba.com, or in hopes of seeking improper benefits, 12 points will be deducted against the Seller for each occurrence. If the Buyer is involved in the act above, Alibaba.com will determine the gravity thereof and impose penalties on the Buyer accordingly, including but not limited to closure of the Buyer’s account.
 

8、Provision of false evidence. If, during the course of dispute mediation process between the Buyer and the Seller, any fabricated, false or forged evidence is provided or other party’s evidence is fraudulently used, 12 points will be deducted against the Seller for each occurrence. If the Buyer is involved in the act above, Alibaba.com will determine the gravity thereof and impose penalties on the Buyer accordingly, including but not limited to closure of the Buyer’s account. 

If the Seller commits any of the above non-compliance, which is determined by Alibaba.com to be serious and detrimental to the proper operation of the platform, Alibaba.com shall have the right to directly close the Seller’s account and take other measures.

 

II. Penalties for fraud in offline transactions

1、If the Seller fails to ship goods after receipt of payment:

  1. 6 points will be deducted for each occurrence if Alibaba.com determines that the Seller has committed fraud but provided an effective solution; or

  2. 48 points will be deducted for each occurrence if Alibaba.com determines that the Seller has committed fraud and failed to provide an effective solution.

2、 If the Buyer fails to make payment after receipt of goods, Alibaba.com will determine the gravity thereof and impose penalties on the Buyer accordingly, including but not limited to closure of the Buyer’s account.

 

III. If the Seller violates other transaction rules or commits any dishonest business conduct, Alibaba.com shall have the right to take measures against the Seller’s account according to the harm and actual seriousness thereof, including but not limited to removal of trade assurance marks from the Seller’s products and store, freezing or canceling the trade assurance amount, restricting the withdrawal, and termination of trade assurance service, etc.

IV. Alibaba.com will monitor and review the Sellers’ overall non-compliance in transactions and has the right to take corresponding penalty measures against those who seriously disrupt the transaction order on Alibaba.com.

IV. Alibaba.com will monitor and review the Sellers’ overall non-compliance in transactions and has the right to take corresponding penalty measures against those who seriously disrupt the transaction order on Alibaba.com.

V. In no event will penalty imposed by Alibaba.com hereunder discharge the user from any liability for compensation under laws and regulations, other rules and agreements of Alibaba.com, transaction contracts or other agreements between the Buyer and the Seller.

VI. Alibaba.com has the right to amend these Rules in light of the changes in laws and regulations, business environment or other reasons. The amended Rules will come into force upon expiration of the publicity period.

VII. These Rules are an integral part of the Rules of Alibaba.com. In case of any inconsistency between these Rules and the Rules of Alibaba.com, these Rules shall prevail. For any matters not covered herein, the Rules of Alibaba.com shall apply. If there is any inconsistency, discrepancy or conflict between the Chinese version and other language versions of these Rules, the Chinese version shall prevail.

 

Enforcement actions

 

Penalty points cumulatively incurred

Enforcement actions

Remarks

6 points

Issuance of severe warning

Email notification

12 points

Blocking of search results and mini-site for 7 days

Email notification and automatic enforcement of penalty by system

24 points

Blocking of search results and mini-site for 14 days

36 points

Blocking of search results and mini-site for 21 days

48 points

Termination of membership

Not applicable

Note:

a)    In case of extremely serious non-compliance, Alibaba.com has the right to immediately terminate the agreement unilaterally and close the account without refunding service fees for the remaining period, and also has the right to announce the same on Alibaba.com and/or other media, impose associated penalties and/or permanent refusal of cooperation and other enforcement actions. 

b)     Where the cumulative penalty points of a user reach 24 points or above, Alibaba.com has the right to refuse or restrict such user’s participation in various promotions and marketing activities on Alibaba.com or to use the products/services. 

c)     Points are cumulatively calculated on a yearly basis, which means that all penalty points are on record for a 365-day period, except where enforcement action of closing the account has been imposed.

 

In the event of any inconsistency between the English and Chinese versions of these Rules, the Chinese version shall prevail.

 








Enforcement Actions for Displaying Prohibited and Controlled Items 

 

Version No.: 20210428                                                                    Date of Issuance: 20210428

 

I. Index of Prohibited Items and Penalty Standard

(1)  Illicit drugs, drug precursors and paraphernalia [interpretation]

 1.   Narcotics, tranquilizers, psychotropic drugs, natural drugs, synthetic drugs, and Category I precursor chemicals,  Category II precursor chemicals,steroids, controlled substances,medicine containing prohibited ingredients

  Level A+/A violation; issue of 48 penalty points or 6 points per violation

 2. Category III precursor chemicals

  Level B violation; issue of 2 penalty points per violation

 3. Tools and accessories for taking and injecting drugs

  Level B violation; issue of 2 penalty points per violation

  4. Tools that can be used for smuggling, storing, trafficking, transporting or producing illicit drugs

  Level C violation; issue of 1 penalty point per violation

 5. Methods or publications providing information on illicit drugs production

  Level C violation; issue of 1 penalty point per violation

(2) Hazardous chemicals [interpretation]

1. Explosives and detonators

 Level A+ violation; issue of 48 penalty points per violation

2. Inflammable and explosive chemicals

 Level A violation; issue of 6 penalty points per violation

3. Radioactive substances

 Level A violation; issue of 6 penalty points per violation

4. Highly toxic chemicals

 Level A violation; issue of 6 penalty points per violation

5. Toxic chemicals

 Level B violation; issue of 2 penalty points per violation

6. Ozone-depleting substances

 Level C violation; issue of 1 penalty point per violation

7. Asbestos and products containing asbestos

 Level C violation; issue of 1 penalty point per violation

8. Highly toxic pesticidesalt

 Level C violation; issue of 1 penalty point per violation

(3) Firearms and ammunition [interpretation]

1. Weapons of mass destruction, real guns, ammunition, military equipment, and related equipment

 Level A+ violation; issue of 48 penalty points per violation

2. Replica firearms and accessories

 Level A violation; issue of 6 penalty points per violation

3. Items resembling or imitating weapons with a potential threat

 Level B violation; issue of 2 penalty points per violation

(4) Restricted weapons [interpretation]

1. Instruments used for torturing and incapacitating others

 Level A violation; issue of 6 penalty points per violation

2. Restricted knives

 Level A violation; issue of 6 penalty points per violation

3. Restricted instruments that seriously endanger the personal safety of others

 Level A violation; issue of 6 penalty points per violation

4. Crossbows

 Level A violation; issue of 6 penalty points per violation

5. Restricted instruments that generally endanger the personal safety of others

 Level B violation; issue of 2 penalty points per violation

(5) Military or police supplies [interpretation]

Uniforms, signs, equipment, and products

  Level B violation; issue of 2 penalty points per violation

(6) Medical drugs [interpretation]

1. Prescription drugs, hormones, OTC drugs, radiopharmeceuticals, medicines containing prohibited ingredients, API and intermediates

 Level A+/A violation; issue of 48 penalty or 6 penalty points per violation

2. Special medicines,vaccines

 Level A+/A violation; issue of 48 penalty or 6 penalty points per violation

3.Veternary medicines and human/animal medicine

 Level A+/A violation; issue of 48 penalty or 6 penalty points per violation

4. Oral/ injection sex drugs and weight-loss/health care products containing prohibited ingredients

Level A+/A violation; issue of 48 penalty or 6 penalty points per violation

5. Herbal medicinesLevel B violation; issue of 2 penalty points per violation

(7) Pornographic, violent, vulgar and aphrodisiac items [interpretation]

1. Containing information related to bestiality, sexual abuse, incest, rape, and child pornography

 Level A+ violation; issue of 48 penalty points per violation

2. Audio-visual products containing pornographic and obscene content, account number and invitation code of pornographic websites

 Level A+ violation; issue of 48 penalty points per violation

3. Images of nudity involving a real person, a dummy, simulated genitals, etc., and violent images

 Level B violation; issue of 2 penalty points per violation

4. Used underwear

 Level E violation; issue of 0.5 penalty points per violation

5. Language promoting bloody, violent and vulgar ideas

 Level C violation; issue of 1 penalty points per violation

(8) Products for illegal use [interpretation]

1. Documents, certificates, official seals, medals, identity cards, and other identity documents issued by government authorities; and equipment, materials, and methods used for forging and altering relevant documents

 Level A+ violation; issue of 48 penalty points per violation

2. Receipts, tickets, seals, and badges of government and specialized authorities

 Level A+ violation; issue of 48 penalty points per violation

 Level A violation; issue of 6 penalty points per violation

3. Financial certificates and bank cards, equipment, materials, and methods used for forging and altering relevant documents; sensitive information related to forging documents and financial certificates

Level A+ violation; issue of 48 penalty points per violation

Level A violation; issue of 6 penalty points per violation

 Level B violation; issue of 2 penalty points per violation

4. Signal jammers

 Level A violation; issue of 6 penalty points per violation

5. Software and equipment used for monitoring and stealing private or confidential information

 Level A violation; issue of 6 penalty points per violation

6. Illegal software and hacker products

 Level B violation; issue of 2 penalty points per violation

7. Equipment used for illegal photographing, recording, or evidence collecting

 Level B violation; issue of 2 penalty points per violation

8. Instruments for unlawful purposes (such as theft tools, unlocking tools, and bank card replicators)

 Level B violation; issue of 2 penalty points per violation

9. Decoders or other equipment used for accessing TV programs, networks, telephones, data, or other protected or restricted services which require access authorization (such as satellite signal transceivers, software, and streaming TV stick)

 Level B violation; issue of 2 penalty points per violation

10. Products which used to interfere, evade and in any other ways to distract law enforcement, vehicle or road safety/other regulations; license spray paint or license plate shields which used to cover the license to make it unreadable or unrecognizable, Vehicle Identification Number (VIN) tag, products which used to amend the odometer,etc
 Level C violation; issue of 1 penalty points per violation

(9) Illegal services [interpretation]

1. Providing services such as money laundering, illegal transfer, and illegal fund-raising

 Level A+ violation; issue of 48 penalty points per violation

 Level A violation; issue of 6 penalty points per violation

2. Providing pornographic videos and chatting services

Level A+ violation; issue of 48 penalty points per violation

3. Providing medical consultation and medical services

Level A violation; issue of 6 penalty points per violation

4. Providing personal privacy information and internal data of corporates; providing services such as personal mobile phone positioning, phone number list inquiry, and bank account inquiry

 Level B violation; issue of 2 penalty points per violation

5. Providing legal advice, lottery services, medical services, educational certificate application services, and other related services

 Level B violation; issue of 2 penalty points per violation

6. Providing recovery services and fans or audience adding services

 Level E violation; issue of 0.5 penalty points per violation

7. Illegal tariff evasion or avoidance

Level D violation; issue of 0 penalty point per violation

(10) Items for collection [interpretation]

1. Currency and financial instruments; materials, tools, and methods that are explicitly or implicitly used for forging or altering currency or financial instruments

 Level A+ violation; issue of 48 penalty points per violation

 Level A or Level E violation; issue of 6 or 0.5 penalty points per violation

2. Virtual currency (such as Bitcoin) and virtual currency miners

 Level A violation; issue of 6 penalty points per violation

3. Gold, silver, and other precious metals

 Level B violation; issue of 2 penalty points per violation

4. Nationally protected artifacts, fossils, and other collections

 Level B violation; issue of 2 penalty points per violation

5.Gemstones treated with radiation、clarity enhanced diamond、glass filled ruby  Level D violation; issue of 0 penalty points per violation

(11) Human organs, animals, plants, and tools used for animal culling [interpretation]

1. Human organs and remains

Level A+ violation; issue of 48 penalty points per violation

2. Living bodies, organs, specimen, and related products of animals listed as endangered and protected species in China; tools used for culling or processing such products

 Level B violation; issue of 2 penalty points per violation

3. Living bodies, organs, specimen, and related products of animals such as cats and dogs, and tools used for processing such products

Level B violation; issue of 2 penalty points per violation

4. Plants listed as endangered and protected species in China and related products

Level C violation; issue of 1 penalty point per violation

5. Other animals and plants under restriction and related products

Level D violation; issue of 0 penalty point per violation

6.Living animals/plants/seeds and related products、animal waste.Level D violation; issue of 0 penalty point per violation

(12) National security endangering and insulting information [interpretation]

1. Promoting terrorism and violent extremism

 Level A+ violation; issue of 48 penalty points per violation

2. Promoting secession and sensitive information prohibited by other countries

 Level A+ violation; issue of 48 penalty points per violation

3. Discriminatory or insulting information regarding ethnicity, gender, religion, region, etc.

 Level B violation; issue of 2 penalty points per violation

4. Other information regarding politics

 Level E violation; issue of 0.5 penalty points per violation

(13) Tobacco [interpretation]

1. Finished cigarette products and tobacco products

 Level A violation; issue of 6 penalty points per violation

2. E-liquids for e-cigarettes

 Level A violation; issue of 6 penalty points per violation

  

(14) Gambling [interpretation]

1. Information related to online gambling

 Level B violation; issue of 2 penalty points per violation

2. Gambling tools

 Level B violation; issue of 2 penalty points per violation

(15) Sanctioned and restricted products [interpretation]

1. Products that are embargoed or restricted for import or export

 Level C violation; issue of 1 penalty point per violation

2. Other sanctioned products

 Level C violation; issue of 1 penalty point per violation

(16) Products violating regulations/laws/standards of the destination country on product quality technology, or inferior products which involve potential risks [interpretation]

1. Products that are identified, announced or recalled by authoritative quality inspection departments or manufacturers; products that are eliminated or discontinued for sale by countries; expired, invalid, deteriorated products; products without production date, shelf life, or the manufacturer name

 Level B violation; issue of 2 penalty points per violation

2. Products entailing high risk or potential safety hazard

 Level C violation; issue of 1 penalty point per violation

 

II. Prohibited Items in Specific Countries and Penalty Standard

With reference to the changes in the external trading environment and laws and regulations of specific importing countries, the platform will regulate the exhibition or sale of certain products in specific countries from time to time through announcements.

If a member is found to maliciously evade the control measures of specific countries on prohibited products by means such as twisting keywords of product titles or miscategorizing products, the platform has the right to directly delist the incompliant items and give 1 penalty point to the incompliant account each time.

 

III. Index of Controlled Items and Penalty Standard

Controlled items refer to products that require sale permission such as prior approval or operating licenses before launching. Members are required to submit the obtained legal certificate or license through "My Alibaba - Certification Center - Upload Certificate - Regulatory Certificate" for verification. The product can only be launched upon successful verification.

 

Products restricted by the platform

1. Fireworks, firecrackers, igniters and accessories

 No points will be deducted for the first violation. The second violation is defined as Level E violation, and 0.5 points will be deducted each time

2. Restricted police supplies 

 No points will be deducted for the first violation. The second violation is defined as Level E violation, and 0.5 points will be deducted each time

 

 

 

 

3. Class III medical devices

No points will be deducted for the first violation. The second violation is defined as Level E violation, and 0.5 points will be deducted each time

 

 

4. Health care food and oral diet pills

No points will be deducted for the first violation. The second violation is defined as Level E violation, and 0.5 points will be deducted each time

5. Materials for producing cigarettes and specialized machinery for tobaccos

No points will be deducted for the first violation. The second violation is defined as Level E violation, and 0.5 points will be deducted each time

 

IV. Controlled Items in Specific Countries and Penalty Standard

With reference to the changes in the external trading environment and laws and regulations of specific importing countries, the platform will require the provision of relevant product qualification documents before the display or sale of certain products to buyers in specific countries from time to time through announcements.

If a member is found to maliciously evade the control measures of the above regulations in specific countries by means such as twisting keywords of the product title or miscategorizing the products, the platform has the right to directly delist the incompliant items and give 1 penalty point to the incompliant account each time.

V. Reporting and Feedback

1. Reporting method and link: My Alibaba - Service Center - Violation Complaint Center - Other Complaints - Displaying Prohibited and Controlled Items, and report relevant products. 

2. Please provide comments or suggestions by giving feedback.

 

VI. Supplemental Provisions

  1. Unless otherwise noted, the Enforcement Actions for Displaying Prohibited and Controlled Items on Alibaba.com are also applicable to information publishing and online transactions ("Online Transactions") provided in the Alibaba.com Transaction Service Agreement.
  2. The Chinese version of this regulation shall always prevail in case of any difference or inconsistency between the Chinese version and other language versions.
  3. The list of prohibited and controlled items on the platform is for users' reference only. The platform reserves the right to add, delete, or revise product information in accordance with legal provisions, regulatory requirements, and the platform's regulations.
  4. The platform has the right to aggravate or mitigate the penalty according to different violation circumstances of members.

Examples of malicious violations: utilizing hidden means such as hiding, covering or blurring product information to evade system monitoring; utilizing implicit description, or evade monitoring regulations willfully through vague descriptions or misplaced categories; listing a large number of prohibited items at the same time; repeatedly publishing incompliant information; maliciously testing the regulations, etc. Depending on circumstances, any malicious violation is subject to penalty including delisting and deleting products, as well as blockage, points deduction, and even account closure.

 

Appendix: Account Penalty Standard (Unless otherwise noted, the penalty points of Alibaba.com are calculated site-wide on a cumulative basis)

 

Cumulatively incurred penalty points

Penalty actions

Remarks

6 points

Dire warning

Email notification

12 points

Restriction on search engines and stores for 7 days

 

Email notification and system penalties

24 points

Restriction on search engines and stores for 14 days

36 points

Restriction on search engines and stores for 21 days

Removal of all products in the store, and restriction on launching or editing products, etc.

 

48 points

Account closure

 

 

1. All listed and removed products, including product descriptions and pictures, are subject to the platform's inspection. Any violations will be penalized in accordance with the relevant regulations. 

2. The cumulative penalty points shall not exceed 12 points within a day (i.e. within 24 hours from the first violation's penalty).

(Except for members who carry out malicious behaviors or adversely affect the platform according to the reasonable judgment of the platform).

3. The cumulative points are calculated on a behavioral-year basis. A behavioral year means that the penalty points for each violation level will be recorded for 365 days. Accounts that have been closed for penalty are excluded.

4. During the execution of account penalty, the accumulation of penalty points will be stopped. Members are reminded to perform self-inspection.

5. Where the cumulative penalty points of a member reach 24 points or above, Alibaba.com has the right to restrict or refuse the member from participating in various promotions or marketing events, or from the use of products/ services on the platform.

6. In case of extremely serious non-compliance (such as malicious non-compliance behaviors; the account user or other accounts controlled by the user are penalized due to serious non-compliance cases according to the platform's reasonable judgment; the account user or other accounts controlled by the user are under investigation by domestic or foreign regulatory authorities; or although the non-compliance case has not been filed for investigation, it is reasonable for the platform to believe that the case is highly suspected to adversely affect the management of order on the platform or cause certain negative impacts), Alibaba.com has the right to unilaterally terminate the contract immediately and close the account without refunding service fees for the remaining period, and also has the right to announce the same on Alibaba.com and/or other media, impose associated penalties, and/or permanently refuse partnership with the concerned party, and carry out other enforcement actions









































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