Alibaba AliExpress Service Market Dispute Resolution Rules
Chapter I General Provisions
Section I Overview
Section II Definitions
Section III Application and Acceptance
Section 4 Evidence
Section 5 Termination of Treatment
Section VI Implementation
Chapter II Dispute Handling
Basic principles
Chapter III Specifications for Handling Disputes in Special Categories
Section 1 Software Applications
Section 2 Operational Services
Section III Training Services
Section 4 Image Design
Section 5 Photography and Video Services
Chapter I General Provisions
Section I Overview
Article 1 AliExpress service market is a one-stop merchant service platform under Alibaba, which systematically provides merchants with tools, software, online store services, information tutorials and other seller value-added services (hereinafter referred to as the "service market"). In order to protect the legitimate rights and interests of both parties to the transaction and maintain the normal operation order of the service market. These rules are formulated in accordance with the AliExpress Service Market Management Standards.
Article 2 Transactions between buyers and sellers in the service market. In the event of a contract dispute, friendly and rational negotiations shall be conducted in accordance with the principles of fairness and good faith. If the two parties are unable to mediate by themselves, the provisions of these Rules shall apply to any of the AliExpress complaint.
Article 3 The service market sends prompts or notices related to dispute settlement to buyers and sellers according to specific circumstances through AliExpress system, service market system, Aliwangwang, SMS, email, telephone and other means, which constitutes an effective part of the basis and conclusion of dispute settlement.
Article 4 As an independent third party, in accordance with the principle of fairness, justice and disclosure, AliExpress will only conduct formal examination of the evidence submitted by both parties. It will judge according to the cognitive level and daily experience of the general public, and make the conclusion of attribution of responsibility for disputes and dispute mediation.
If you are not satisfied with the mediation decision, you still have the right to resolve the dispute through other means of dispute resolution. However, the transfer decision should be fulfilled before the final decision is made through other dispute handling channels.
Section II Definitions
Service provider: refers to a unit or individual that publishes and sells service products online through the service market. The service provider who uses Taobao open platform services for application development is also known as "developers" on the open platform.
Merchant: refers to units or individuals who open stores on AliExpress and use the service market or order applications through the service market.
Application: refers to the software or services developed by the service provider based on the Taobao open platform and displayed and sold in the AliExpress service market.
Service cost: the necessary cost expenditure incurred by the service provider in the process of providing services. Specifically, AliExpress will judge according to the evidence provided by the service provider and the daily experience of the general public, but the maximum amount does not exceed the actual transaction amount of the order.
Evidence: It refers to valid vouchers and reference vouchers that can truthfully reflect the real transaction process and description of transaction items of buyers and sellers. Valid vouchers include but are not limited to service descriptions, Aliwangwang chat records, etc.
Reference vouchers: including but not limited to other screenshots/photo evidence, such as QQ chat records, mobile phone text messages, pictures, etc.
Service delivery ("delivery"): The service provider uploads the produced service content to the platform cloud space according to the established format, size, etc. in the online process, and supports customers to view the acceptance process.
Section III Application and Acceptance
Article 1 After the customer applies for a refund, the buyer and seller can choose to negotiate by themselves, ask the platform to intervene, or solve the existing disputes through judicial channels. If either party requests the intervention of the platform, the platform shall have the right to mediate disputes in accordance with this specification.
Article 2 The customer shall apply for a refund before the acceptance of the service after the order is paid, and the service provider shall be clearly informed of the claim.
Section 4 Evidence
Article 1 During the period when the platform handles disputes, the platform has the right to require customers or service providers to provide supporting evidence, and has the right to unilaterally judge the validity of the evidence.
Article 2 Buyers and sellers shall provide vouchers in a timely manner within the relevant time limit in accordance with the prompts of the platform system and/or the text messages, telephone calls or email notifications sent by the platform. If either party fails to provide vouchers in accordance with the notice without justifiable reasons, the platform has the right to deal with them according to the vouchers actually collected.
Article 3 If a customer claims that the service delivered or not accepted, the service provider shall bear the burden of proof in accordance with the requirements of the platform.
Article 4 If the customer feedback service does not match the description, functional quality problems, the actual effect does not conform to the agreed effect, etc., the customer shall bear the burden of proof, or the platform has the right to directly identify according to the product description.
Article 5 All supporting documents required for all types of disputes accepted by the platform shall be subject to the content required by the platform. Buying parties and sellers shall be responsible for the authenticity, completeness, accuracy and timeliness of the evidence. And bear the consequences of the inability to prove.
Section 5 Suspension of Treatment
During the platform's handling of disputes, the platform suspends the handling of the corresponding dispute under any of the following circumstances:
(1) The buyer and seller unanimously request to negotiate and settle the dispute on their own;
(2) Either party has notified the platform that it has applied to the judicial organ to resolve the dispute or reported the case to the public security organ. Waiting for the outcome of the case.
Section VI Implementation
Article 1 During the platform's handling of disputes, the buyer and seller negotiate and agree on the refund amount by themselves, but if they are unable to operate by themselves, the platform will operate the corresponding transaction funds and/or deposits according to the agreement reached between the two parties.
Article 2 After the platform handles the dispute, it has the right to pay all or part of the transaction payment and/or margin to the customer and/or the service provider in accordance with the result of the processing, or the service provider (or customer) to pay the customer (or service provider) according to the processing result. After the transaction payment or deposit is paid, if the service provider (or customer) is still liable according to the processing results, it shall be resolved by the buyer and seller through consultation or other means.
Chapter II Dispute Handling
Basic principles
Article 1 The services delivered by the service provider violate the provisions of laws and regulations, or for services and applications that cannot be provided in accordance with the relevant provisions of the Platform Service Market Management Standards and corresponding category management standards, the transaction shall be refunded or partially refunded according to the actual situation;
Article 2 A truthful description shall be made in accordance with the AliExpress Service Market Management Standard and the release requirements of various project services and applications (including service defects, defects, technical bugs, etc.), otherwise the service provider needs to bear adverse consequences within the limits of liability. If two or more different descriptions are made for the same service or application, they will be interpreted and disposed of in a favorable manner unless the two parties agree otherwise.
Article 3 Service providers shall ensure that the quality of services and applications they sell are in accordance with the agreement. If there is a non-conformity, it needs to be repaired by the service provider in time. And support the negotiation between the two parties themselves. If the negotiation is inconsistent, the refund or partial refund will be processed according to the actual situation.
Article 4 If the service provider fails to produce, deliver services, modify services, etc. to customers in accordance with the agreement (including but not limited to order content, service hours, service case references, service commitments made by the service providers themselves to customers), or the service delivered is invalid and the functions cannot be used normally, shall be comprehensively judged by the platform. If there is reason to believe that the service provider has no intention to fulfill the agreement, it shall be deemed to have refused to perform and supported the refund processing.
If there is no clear and special agreement on the service time, you will refer to the platform system time. If there is a change in the agreement, the other party must be notified in advance and the two parties shall finally reach an agreement.
Article 5 For services that require modification/adjustment of services after the first or re-delivery, the customer shall objectively describe the content to be modified/adjusted to the service provider, communicate with the service provider, and accept the obligation of service provider to make service adjustment and improvement.
If the customer does not objectively describe the modified or adjusted service content, the service provider has the right to refuse. It is deemed that the service transaction has been completed. Support for payment processing.
If there is no clear agreement on the modification/adjustment cycle and delivery time, the service provider shall modify or adjust within 3 days and deliver it again. Overdue support refund processing. If the service provider on the same issue fails to modify it three or more times in accordance with the agreed needs, it shall be deemed to be the responsibility of the service provider. Refund or partial refund as appropriate. Except as agreed by the two parties.
Article 6 In the process of providing services, if the service provider needs the cooperation and assistance of the customer based on the necessary performance of the service, or if there is a time limit for the customer's cooperation behavior, the service provider shall inform or agree in advance in the effective communication of the product details page, Dingding, Wangwang, etc., otherwise the customer has The right is rejected or the service provider bears adverse consequences.
Article 7 For the purpose of completing the service, if the service provider makes a reasonable request for cooperation to the customer, the customer shall cooperate within a reasonable time. If the customer neglects or refuses to provide necessary cooperation without justifiable reasons, resulting in adverse consequences such as increasing service costs, delays in service performance periods, and failure to achieve service results, customers shall bear adverse consequences, but the service provider shall still terminate the performance of services in time and take reasonable measures to prevent the expansion of service costs.
Article 8 If the service cannot be realized at all, but the service provider has actually incurred the service cost, the customer shall refund the transaction after bearing the corresponding service cost. Unless otherwise agreed by the two parties.
Article 9 If the service has been partially realized, the value ratio of the service results will be comprehensively evaluated, and the corresponding price shall be calculated according to the order amount, and the transaction will be partially refunded. Unless otherwise agreed by the two parties.
Article 10 If the service has been partially realized, at the same time, the remaining unrealized services have also actually incurred service costs. In accordance with the above treatment, the price payable and the service cost should be calculated as appropriate. Unless otherwise agreed by the two parties.
Chapter III Specifications for Handling Disputes in Special Categories
Section 1 Software Applications
Article 1 The service provider must accurately explain and clearly prompt the application functions, functions, use processes, etc. Refund processing is supported if the service provider has misguided and the app does not actually match the description.
Article 2 During the service period, if the service provider terminates the application and does not agree with the customer, it will support refund processing.
Article 3 The service provider shall ensure the stability and reliability of the application, be responsible for system debugging, opening, optimization and upgrading, and ensure that the above work does not affect the normal use of customers. If the customer is unable to log in, use or cause other losses due to application quality problems, or the service is interrupted or delayed due to system downtime maintenance, equipment failure, force majeure, etc., the service provider is responsible for maintaining and managing the application in a timely manner and providing the customer with working hours or longer. Technical support services. The customer understands and agrees that the support extends the customer's use of the service provider app for the same time as the time the customer is unable to use the service provider app. If the service provider cannot contact or refuses to provide customer service, the refund shall be determined according to the actual transaction.
Article 4 If AliExpress terminates the provision of relevant services due to the service provider (including but not limited to the service provider's violation of the relevant agreements reached with AliExpress), the customer's license for the service provider's application needs to be terminated in advance, the service provider shall perform the corresponding refund and data download service obligations. . If losses are caused to the user, the service provider shall be fully liable for compensation.
Article 5 If AliExpress terminates the provision of relevant services due to customer reasons (including but not limited to the customer's violation of the relevant agreement reached with AliExpress), the customer is unable to continue to use the service provider's services, refunds shall not be supported.
Section 2 Operational Services
Article 1 The service provider must accurately explain and clearly indicate the service content, cycle, price, acceptance standards, etc. If the service provider has wrong guidance, overcommitment, fraud and other behaviors, and actually fails to actually complete the service in accordance with the service content, cycle and acceptance standards agreed on the service goods, refund processing will be supported.
Article 2 The overall pallet type operation service (i.e. agency operation service) cannot promise the transaction amount. If the service provider promises the effect to the customer, including but not limited to the promised transaction amount, it will support refund processing.
Article 3 During the service period, if the service provider terminates the service and does not agree with the customer, it will support refund processing.
Article 4 If AliExpress terminates the provision of relevant services due to the service provider (including but not limited to the service provider's violation of the relevant agreements reached with AliExpress), the customer's license for the service provider's application needs to be terminated in advance, the service provider shall perform the corresponding refund and data download service obligations. .
Article 5 If AliExpress terminates the provision of relevant services due to customer reasons (including but not limited to the customer's violation of the relevant agreement reached with AliExpress), the customer is unable to continue to use the service provider's services, refunds shall not be supported.
Section III Training Services
Article 1 The service provider must accurately explain and clearly indicate the course content, instructor, time, place, price, etc. If the service provider has misguided, over-commitment, fraud and other behaviors, it supports refund processing.
Article 2 During the service period, if the service provider terminates or extends the service and does not agree with the customer, it will support refund processing.
Article 3 If AliExpress terminates the provision of relevant services due to the service provider's reasons (including but not limited to the service provider's violation of the relevant agreement with AliExpress), the customer is unable to participate in the training, the service provider shall fulfill the corresponding refund to the customer.
Article 4 If the training needs to be terminated due to customer reasons (including but not limited to customer dissatisfaction with the effect), refunds are not supported.
Section 4 Image Design
Article 1 The service provider must accurately explain and clearly indicate the design content, usage method, price, delivery standard, etc. If the service provider has misguided, over-commitment, fraud and other behaviors, refund processing.
Article 2 During the service period, if the service provider terminates or extends the service without agreement with the customer, it will support refund processing.
Article 3 If AliExpress terminates the provision of relevant services due to the service provider (including but not limited to the service provider's violation of the relevant agreements reached with AliExpress), the customer cannot enjoy the service normally, the service provider shall fulfill the corresponding refund to the customer.
Article 4 If the service needs to be terminated due to the customer's reasons (including but not limited to the customer's dissatisfaction with the effect).
Article 5 If the service provider provides personalized customized services due to customer needs, the dispute shall be handled subject to the contract agreement signed by both parties.
Section 5 Video Services
Article 1 The service provider must accurately explain and clearly indicate the shooting content, delivery time, price, etc. If the service provider has misguided, over-commitment, fraud and other behaviors, it supports refund processing.
Article 2 During the service period, if the service provider terminates or extends the service and does not agree with the customer, it will support refund processing.
Article 3 If AliExpress terminates the provision of relevant services due to the service provider (including but not limited to the service provider's violation of the relevant agreements reached with AliExpress), the customer cannot enjoy the service normally, the service provider shall fulfill the corresponding refund to the customer.
Article 4 If the service needs to be terminated due to the customer's reasons (including but not limited to the customer's dissatisfaction with the effect), the partial refund shall be supported.
Article 5 If the service provider provides personalized customized services due to customer needs, the dispute shall be handled subject to the contract agreement signed by both parties.
Article 6 If the service provider needs to partially outsource the project due to customer demand, and any service disputes or disputes between the outsourcing company and users shall be borne by the service provider and refunds shall be processed in accordance with this saving order.
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