Trading Rules Alibaba International Station Trading Dispute Resolution Rules

 Rules list > Trading Rules Alibaba International Station Trading Dispute Resolution Rules 2018-09-25 06:09 Version number: 20180808 Release Date: September 25, 2018 Chapter 1 Overview Article 1 These rules are formulated in order to protect the legitimate rights and interests of buyers and sellers in online transactions on Alibaba International Station, and make these rules more fair and efficient. To mediate and deal with transaction disputes, according to the Article 2 After a dispute arises between the buyer and the seller in the online transaction of cross-border purchase and sale of goods through Alibaba International Station, if either party applies for Alibaba to provide online dispute mediation services, Alibaba will apply these Rules to make a mediation decision on the dispute. Article 3 If the buyer and the seller agree otherwise on the basis for handling transaction disputes, Alibaba has the right to decide whether to apply it according to the situation, but the content of the agreement violates Article 4 of Alibaba. or telephone, etc. to the buyer and seller, and the dispute resolution Except for the rules of the international station. The relevant notices shall constitute the basis for the settlement of disputes. Chapter 2 Definitions Article 5 Alibaba International Station: refers to the www.alibaba.com website and mobile device client. Article 6 Online transaction: refers to the purchase and sale of cross-border goods between buyers and sellers through the online transaction system and related technical services provided by the Alibaba International Station website. transaction activity. Article 7 Transaction contract: refers to the agreement between the buyer and the seller on the rights and obligations of cross-border goods sales and transaction negotiation. Article 8 Quality problem: refers to the material, workmanship and quality of the goods delivered by the seller that cannot meet the contractual agreement, or there is damage, functional failure, or defective accessories. and other circumstances that cause the goods to be unable to be used normally. Article 9 Description inconsistency: refers to the fact that the seller's actual delivery of goods, such as the name, brand, model, color, specification, quantity, material, style, function and other information is inconsistent with the description on the product release details page, the transaction contract agreement or the communication and negotiation records. situation. Article 10 Infringement: refers to the situation that the seller's delivery of goods infringes the intellectual property rights of others. Article 11 Customs Detention: During the process of import declaration of goods, due to the restrictions of the importing country, unmanned customs clearance, incorrect declaration, goods infringement, contraband control and other customs matters The reason is that it is detained, confiscated, destroyed or detained for a long time by the customs of the importing country. Article 12 Return refund means that after the seller signs for the buyer's return, the seller returns the full amount of the transaction to the buyer. Article 13 Partial refund means that after the buyer signs for the goods, the seller refunds part of the transaction money to the buyer. Article 14 Refund means that the seller returns all transaction funds to the buyer, and the seller negotiates with the buyer to deal with the ownership of the goods. Article 15 Shipment Date: See Credit Guarantee Service Rules. Article 16 Force Majeure: refers to the unforeseeable, unavoidable or insurmountable objective circumstances or unexpected events between the buyer and the seller at the time of entering

 into the contract, including but not Limited to natural disasters (such as typhoons, rainstorms, hail, earthquakes, tsunamis, floods, volcanic eruptions, landslides), abnormal events (wars, armed sudden, riot, riot, fire, explosion, leakage of toxic substances, serious epidemic) and government actions (such as control, expropriation, requisition), etc. Chapter III Acceptance Article 17 Either party shall initiate a dispute mediation application within the time limit specified by Alibaba, which shall not exceed 30 days after the buyer confirms the receipt of the goods. If the order is closed by the platform, either party shall initiate an application within 30 days after receiving the notification of closure. If Alibaba has other special regulations, such regulations shall prevail. Article 18 Alibaba has reason to suspect that the dispute is involved in fraud (including but not limited to false shipments, serious inferior quality, large quantities of goods are not in the correct version, etc. obviously malicious non-performance or evasion of debts) or other circumstances that Alibaba deems necessary, Alibaba The right to extend the acceptance time limit or not set the time according to the actual situation limit. Article 19 Alibaba has the right to decide not to accept the following applications, and the buyer and the seller may resolve disputes through other means: (1) Either party fails to initiate an application for dispute mediation within the acceptance period; (2) The buyer and the seller reach a settlement agreement through self-negotiation and complete the performance, and one or both parties go back and cause a dispute; (3) The buyer and seller collude maliciously and use Alibaba International Station to conduct false transactions or other illegal acts; (4) After the transaction is refunded, disputes arise because the seller needs to retrieve the goods; (5) Except for the circumstances stipulated in these rules, any party claims other compensation than the transaction-related expenses (payment for goods, inspection fees, freight, bank fees) the amount of compensation; (6) Alibaba is unable to accept the application based on the evidence provided by both parties; or (7) If these rules have special provisions for other inadmissible circumstances, such provisions shall prevail. Chapter IV General Principles Article 20 Both the buyer and the seller shall provide evidence for their claims or defenses no later than 3 working days after initiating dispute mediation or receiving Alibaba's notice of mediation, and make their respective opinions on the authenticity, completeness, and integrity of the evidence submitted. Relevance and legality are guaranteed. Alibaba has the right to obtain required evidence on its own or from a third party as needed, and make decisions on liability determination and mediation based on the level of awareness of ordinary people and international trade practices. Article 21 If any party submits false, altered or forged evidence, or fails to submit the required evidence within the time limit required by Alibaba, Alibaba The right to terminate the dispute mediation procedure or make a mediation decision based on the existing evidence as the case may be. Article 22 The content of the communication between the buyer and the seller through the official chat tool of Alibaba International Station will be used as an effective basis for handling disputes. Alibaba will not mediate transaction disputes unless both buyers and sellers expressly recognize the authenticity and validity of the communication content formed by means (including but not limited to offline written contracts, telephone calls,

 emails, third-party instant chat tools, etc.). basis. Article 23 If the content of communication between the buyer and the seller, the content of the offline contract is inconsistent with the content of the transaction contract, if there is no special agreement between the buyer and the seller, the content of the agreement after the formation time will take precedence. Article 24 If the buyer and the seller agree on liquidated damages or compensation clauses in the transaction contract or communication content, the other party claims breach of contract after one party breaches the contract In the event of damages or compensation for actual losses, Alibaba shall support its request for liquidated damages or compensation for actual losses. If such liquidated damages or damages are inconsistent with the rules of Alibaba International Station, the higher principle shall be adopted.

5 Delivery

Article 25 The seller shall perform the delivery obligation according to the delivery date, delivery method and delivery information stipulated in the transaction contract, and provide the corresponding delivery according to the contract. accompanying documents or certificates. Article 26 If the seller exceeds the agreed delivery time, the seller should obtain the buyer's consent before delivering the goods. The buyer and the seller can also re-agree after negotiation. delivery date. If both parties reach a supplementary agreement through negotiation, the agreement shall be implemented. If the seller has not shipped the goods when receiving the buyer's refund application, the seller should contact the buyer Negotiate, and deliver the goods after negotiation, or apply for Alibaba mediation. Article 27 If the seller violates the delivery regulations of this chapter and the goods are not delivered or the buyer refuses to accept the goods, the transaction will be refunded. If the seller needs to take back the goods, You need to contact the carrier to handle it yourself, and all costs and risks of the goods are borne by the seller. Article 28 If the seller violates the agreed delivery date and method of delivery, the buyer himself signs for the receipt of the goods or voluntarily confirms the receipt of the goods, and then the seller violates the delivery regulations of this chapter. If you apply for a refund or return a refund for any reason, the buyer should reach an agreement with the seller, otherwise Alibaba does not support the refund or return refund application, but the seller takes the The exception is the circumstance where the buyer is induced to confirm the receipt by improper means. Article 29 If the goods are not delivered normally due to the wrong receipt information provided by the buyer, the seller shall make commercially reasonable efforts to cooperate with the buyer to change the receipt information or provide For the necessary assistance, the additional costs arising therefrom shall be borne by the buyer. If the seller is unable to deliver the goods on the agreed delivery date due to the buyer's responsibility or is unable to Delivery on the agreed date, Alibaba does not support the buyer's claim against the seller for delayed delivery or failure to deliver on the agreed date. Article 30 If the buyer and the

 seller do not expressly agree on the documents or certificates required for customs clearance of the goods, the seller should remind the buyer to agree in the contract, otherwise the goods cannot be cleared due to the failure to provide the documents or certificates required for customs clearance The loss shall be borne by the seller, if the buyer has not made a clear agreement after being reminded by the seller If determined, such losses shall be borne by the buyer. Article 31 If the seller is unable to deliver the goods on the agreed delivery date or on the agreed date due to force majeure, and the two parties cannot agree on the contract If an agreement is reached on continuing to perform the matters, the transaction will be refunded. Article 32 The seller shall deliver the goods by airmail and EMS according to the agreement. If the goods are not delivered properly within 60 days after delivery, the transaction shall be refunded. Buyer, the goods will be retrieved by the seller by contacting the logistics company. Chapter 6 Receipt Article 33 The buyer shall perform the obligation of receiving the goods in accordance with the transaction contract and the address and method agreed with the seller. The buyer shall sign for the goods in person, or entrust him The person signs for the goods or instructs the carrier to place the goods at the designated place. The recipient entrusts another person to sign for the goods or instructs the carrier to place the goods at the designated place If the buyer claims not to have signed the receipt by himself, the seller shall bear the burden of proof. If the proof is established, the risk of loss of the goods shall be borne by the buyer. Article 34 Buyers shall ensure that the receipt information provided to sellers is true, accurate and valid. If any part of the receiving information needs to be changed, the seller should agree to it. If the goods are picked up, lost or damaged due to the wrong or omission of the receiving information provided by the buyer, the buyer shall be responsible for the consequences. Article 35 If the buyer violates the delivery regulations of this chapter and causes the goods to be returned to the seller, the buyer shall compensate the seller for the actual loss, but the maximum amount shall not exceed the contract amount; if the goods are picked up, damaged or lost by others, the transaction shall support the payment to the seller. Article 36 After the transaction contract takes effect, if the buyer rescinds the contract or applies for a refund without any reason, the seller shall compensate the seller for the actual loss, but the maximum amount shall not exceed the contract amount. Article 37 If the seller undertakes the logistics and sends the goods by commercial express, the buyer shall pay attention to the appearance of the packaging of the goods when the carrier delivers the goods. field for inspection. If the goods are damaged, the buyer can take a photo and leave a certificate and directly reject it; if the buyer himself signs for the goods and then applies for a return on the grounds that the goods are damaged For refunds or refunds, a damage certificate issued by the carrier is required. If the buyer and the seller agree on the inspection period and/or inspection method, the agreement shall prevail. Article 38 If the seller undertakes the logistics and sends the goods by commercial express, the risks and expenses after the goods are returned due to damage shall be borne by the seller. bear. Chapter VII Inspection Article 39 The buyer can inspect whether the quality of the seller's goods conforms to the contract according to the inspection standards, inspection

 agencies and inspection methods agreed by both parties. If the parties have not clearly agreed in advance and cannot reach an agreement through negotiation, Alibaba may designate a third- party inspection agency to inspect the goods in accordance with relevant industry standards. The inspection fee shall be borne by the responsible party determined by Alibaba. Article 40 Both parties agree to conduct inspection before delivery. If the inspected goods have quality problems or do not conform to the standards agreed in the transaction contract, the seller shall Remedial measures shall be taken within the time limit agreed upon by both parties or determined by Alibaba, otherwise Alibaba will support the buyer's request for a refund, and the buyer and the seller shall agree If other agreements are reached, the agreement shall prevail. Article 41 If the buyer and the seller agree to inspect the goods after they have been delivered to the destination or received, the buyer shall inspect the goods within the time limit agreed by both parties. inspection result cargo In the event of quality problems or non-compliance with the standards stipulated in the transaction contract, Alibaba will support the buyer's request for a refund or partial refund. The relevant costs of the return shall be borne by the seller. If the buyer and the seller reach other agreements through negotiation, the agreement shall be followed. Article 42 If the buyer and the seller agree to inspect the goods by sampling inspection, the specific sampling inspection ratio shall be implemented according to the transaction contract or the agreement between the two parties. It has the right to determine the proportion of random inspections in accordance with the "Quality Inspection Standards for Credit Guarantee Services", and those who fail the sampling inspections are deemed to be unqualified for the entire batch of goods. Chapter VIII Return and Exchange Article 43 After the buyer and the seller reach a return and exchange agreement on the transaction, the seller's return address is the delivery address. If the return address or return method needs to be changed If the goods are returned, the buyer's consent shall be obtained, otherwise the risk of the goods not being delivered after the return shall be borne by the seller. If the buyer has actual difficulties in handling the return, Alibaba Depending on the situation, the seller may be required to go through the procedures for returning the goods by itself, and the buyer should provide necessary assistance. Article 44 If the buyer and the seller reach a return and exchange agreement offline, the buyer shall deliver the returned goods to the carrier within the time limit agreed by both parties. If there is no explicit agreement, the buyer shall deliver the goods to the carrier within 15 days from the day after the return agreement is reached at the latest. If it is overdue, it is deemed that the buyer accepts the goods, and Alibaba will support the payment of the goods to the seller. Article 45 The buyer delivers the return to the carrier Goods have national customs, Need to cooperate with customs clearance and bear customs clearance costs, Sleeping stuff cannot be delivered The risk is borne by the seller, and Alibaba supports returning the payment to the buyer. Article 46 If the two parties reach a return or exchange agreement or Alibaba orders a return, if the buyer cannot normally complete the return due to the seller's responsibility, the risk that the goods cannot be returned to the seller shall be borne by the seller, and Alibaba supports the buyer's request for a refund. The seller did not receive

 the returned goods or the goods were rejected due to the buyer's responsibility Yes, Alibaba supports payment to sellers. Chapter IX Customs Deduction and Freight Article 47 If the buyer applies for a refund due to the goods being detained by the customs or detained for a long time, the buyer shall submit a valid proof that the goods are detained within the specified time limit. Alibaba will determine the responsible party responsible for the detention of the goods according to the content of the customs detention certificate and the contract between the two parties, and require the responsible party to take remedial measures within a time limit. Shi. Article 48 If the goods cannot be cleared smoothly due to the buyer's responsibility or reasons, and the buyer fails to take remedial measures within the specified time limit, Alibaba supports payment of the payment to the seller, and the risk of the goods not being delivered shall be borne by the buyer; If it is caused by the seller and fails to take remedial measures within the specified time limit, Alibaba supports refunds to the buyer, and the goods cannot be returned to the seller. 10. The goods are returned due to the movement of the independent students, and the reasonable ones will be returned to the law. The watchers have already

Article 45 If the buyer delivers the returned goods to the carrier, and the goods have been returned to the customs of the exporting country, the seller must cooperate with customs clearance and bear the customs clearance fee, otherwise the risk of the goods not being delivered shall be borne by the seller, and Alibaba supports returning the payment to the buyer. Article 46 If the two parties have reached a return and exchange agreement, Alibaba has ordered a return, and if the buyer cannot complete the return due to the seller's responsibility, the goods cannot be returned or sold. The home's risk is borne by the seller, and Alibaba supports the buyer's refund request. The seller did not receive the returned goods or the goods were rejected due to the buyer's responsibility Yes, Alibaba supports payment to sellers. Chapter IX Customs Deduction and Freight Article 47 If the buyer applies for a refund due to the goods being detained by the customs or detained for a long time, the buyer shall submit a valid proof that the goods are detained within the specified time limit. Alibaba will determine the responsible party responsible for the detention of the goods according to the content of the customs detention certificate and the contract between the two parties, and require the responsible party to take remedial measures within a time limit. Shi. Article 48 If the goods cannot be cleared smoothly due to the buyer's responsibility or reasons, and the buyer fails to take remedial measures within the specified time limit, Alibaba supports the delivery of the goods. The buyer shall bear the risk that the goods cannot be delivered; if the seller fails to take remedial measures within the specified period, Alibaba supports refunds to the buyer, and the risk that the goods cannot be returned to the seller shall be borne by the seller bear. Article 49 Fines resulting from the detention of the goods park. Losses such as storage fees, return shipping costs, etc. shall be borne by the responsible party determined by Alibaba, otherwise agreed by both parties from convention. Article 50 If the buyer and the seller have disputes over

 the cost of freight, they shall first be dealt with in accordance with the contract between the two parties. If there is no agreement or the agreement is unclear in the contract, Alibaba will According to the principle of "who is at fault. Who is responsible". If neither party is at fault or the responsibility cannot be determined, it shall be shared equally by both parties. Chapter 10 Quality Problems, Description Inconsistency and Infringement Article 51 The buyer claims that the delivered goods have quality problems, and the inconsistencies in the description are identifiable with the naked eye. First of all, photos, videos or other evidence recognized by Alibaba should be provided to prove it. The seller should provide evidence for the buyer’s proof content to prove that there is no quality problem, the description does not match, or a reasonable explanation that is not caused by the seller’s responsibility. If there is valid evidence, Alibaba will determine that the goods have quality problems or the description does not match. Article 52 If the buyer claims that the quality problem of the delivered goods cannot be recognized by the naked eye, the buyer shall provide a test report or appraisal certificate issued by a qualified institution as required by Alibaba. If the buyer and the seller have agreed in advance in the contract to use the test results of a third-party testing agency as the basis for quality determination, Alibaba Article 53 If the buyer claims that the delivery of the goods is infringing, the seller shall provide evidence that the legitimate source of the goods has been effectively authorized. If the seller's proof is established, Buyers should deal with it Pakistan will be identified according to the test results. Claims to submit valid evidence, if the buyer cannot provide evidence, Alibaba will determine that the goods are not infringing. Article 54 If the evidence provided by both the buyer and the seller cannot prove whether the goods have quality problems or infringement. Alibaba has the right to designate qualified third party Party testing or appraisal agency to conduct testing and appraisal, and use the above results as the basis for identification, Article 55: If the goods delivered by the seller are found to have quality problems, inconsistent descriptions or infringements, the transaction supports returns and refunds. Due to the characteristics of the goods, objective conditions Restrictions or local laws and regulations cannot complete the return. The transaction supports refund, and the goods are handled by the seller to contact the buyer. Article 56 Some of the goods delivered by the seller have quality problems, the description is inconsistent, or there are minor defects or defects that do not affect the realization of the main functions of the goods Yes, the transaction supports prorated partial refunds. Article 57 If the buyer and the seller have agreed in the transaction contract on the cost of the inspection and appraisal of the quality of the goods and infringement issues, if it is agreed, not agreed, or designated by Alibaba for testing or appraisal, the relevant cost shall be borne by Alibaba according to the degree of responsibility. . Chapter 11 Termination Article 58 Alibaba has the right to terminate the dispute mediation procedure if one of the following circumstances occurs during Alibaba's mediation of transaction disputes: (1) The research does not fall within the scope of acceptance specified in these Rules and exceeds the acceptance period specified in these Rules; (2) The party applying for dispute mediation requests to cancel the application; (3) The arbitration institution that has jurisdiction over the

 dispute involved has made an effective award. (4) The buyer and the seller unanimously agree to resolve the dispute through negotiation; (5) Either party has notified Alibaba that the dispute has been submitted to an arbitration institution with jurisdiction for ruling or both parties have agreed to submit the dispute to other cross-border trade disputes. processed by a settlement agency; (6) Disputes arising from the buyer's choice of payment methods such as credit card or e-checking The payment card issuer applies for refusal to pay the payment under the disputed transaction Chapter XII Supplementary Provisions Article 59 If the official activity rules of Alibaba International Station or other specific types of transaction rules have special provisions on dispute mediation, they shall be implemented in accordance with the provisions. Article 60 Transactions that have not yet been processed after the entry into force or change of these rules. Effective or changed rules apply. Article 61 Alibaba will revise these rules from time to time, and the revisions will take effect after the expiration of the publicity period