Tmall Global Dispute Resolution Rules 1
Chapter 1 General Provisions
Article 1 These rules are developed in accordance with the “Tmall Global Service Terms” for the purpose of ascertaining the ownership of the transaction funds or monetary compensation of trade disputes and protecting the legal rights and interests of Tmall Global’s Buyers and Sellers during a transaction.
Article 2 The Tmall Global Dispute Resolution Rules (these “Rules”) are the basic procedures and standards that Tmall Global will refer to when acting as an independent third party irrevocably authorized by its Buyers and Sellers to determine the ownership of the transaction funds and monetary compensation of trade disputes based on its independent judgment.
Article 3 Tmall Global will, based on a reasonable man’s judgment, handle a dispute between a Buyer and Seller in accordance with these Rules. Tmall Global is not a judicial body, and has limitations in the ability to ascertain proof / evidence and to handle disputes, Tmall Global does not guarantee that the results of a dispute resolution will meet the expectations of the Buyer and(or) Seller, and will not be liable for any dispute resolution resolved in accordance with these Rules.
Article 4 During dispute resolution, the reminders and notifications relating to the dispute sent by Tmall Global to the Buyer and Seller via the Tmall Global system, Aliwangwang, email, SMS, telephone etc. or other methods will constitute an effective part of these Rules.
Article 5 Tmall Global has the right to amend these Rules at any time and to publish the amended Rules on its website. Unless otherwise specified, the amended Rules will automatically take effect upon publication.
Chapter 2 Rules for Resolution of Disputes during Sale
Section 1 General Provisions
Article 6 Resolution of disputes during sale refers to the basic procedures and standards thatTmall Global will refer to when determining the ownership of the transaction funds of trade disputes with respect to a Buyer and Seller’s request for transaction guarantee before a transaction is complete (where Tmall Global’s system displays the status “successful transaction” or “transaction closed”).
Section 2 Rules for the Subject of Transactions
Article 7 The goods delivered by a Seller to a Buyer must comply with the relevant provisions of laws and regulations. The Seller must not sell counterfeit goods, goods sold must not violate the relevant provisions of the “Tmall Global Service Terms” on the misappropriation of another’s account, false trading, inaccurate descriptions as stipulated in Article 1 and Article 2, , misappropriation of another’s property, posting of prohibited information, sale of counterfeit goods, and falsifying material composition of goods.
Article 8 A Seller must accurately describe the goods being sold, and must provide true and complete descriptions of a good’s basic properties, quality, defects and other information that must be stated at the good’s description page, store page, Aliwangwang and all other channels provided by Tmall Global.
Article 9 A Seller is responsible for the guarantee of the quality of the goods being sold, and warrant that the goods being delivered to the Buyer may be ordinarily used within a reasonable period, which includes warranting that the goods do not impose unreasonable danger to personal safety and property safety, goods perform as it should, and that goods comply with the standards specified on the good or its packaging etc.
第三节 交易行为规范Section 3 Rules for Trade Conduct
Article 10 Both the Buyer and Seller must conduct true transactions, and must not conduct false transactions with the purpose of increasing sales volume.
Article 11 Rules on the Delivery of Goods
A Seller must dispatch goods within one hundred and twenty (120) hours of the Buyer making payment (Rules on the Delay of Delivering Goods), unless there are special exemptions.
Where a Buyer applies for a refund before the Seller dispatches the goods, the Seller should seek the consent of the Buyer before dispatching the goods.
Where a Seller delays in the dispatch of goods, or where a Seller did not seek the consent of the Buyer and dispatches the goods after the Buyer has applied for a refund, the Seller must recover the goods dispatched, unless the Buyer has already signed and confirmed receipt of the goods.
A Seller must deliver goods in accordance with the shipping address agreed in the order.
Unless otherwise agreed by the Seller and Buyer, a Seller is responsible for ensuring the delivery of the goods to the shipping address.
If a good requires the Buyer to collect it from a designated place, the Seller must notify and seek the consent of the Buyer before the dispatching the good.
A Seller must deliver the goods in accordance with the delivery method agreed; unless with written consent of the Buyer has been obtained prior to the dispatch of the goods, if such goods bear the “import tax-free” mark, goods must be delivered in accordance with its prescribed manner.
A Seller should use courier-sign or sign-for-acceptance delivery methods to deliver goods. Where a Buyer requires delivery methods that do not have courier-sign or sign-for-acceptance (hereinafter referred to as “ordinary mail methods”) to deliver goods, the Seller should specifically notify the Buyer of the risks involved in using such method through Aliwangwang prior to dispatch.
Where both the Buyer and Seller has specified and agreed on a particular carrier, the Seller should engage that particular carrier to deliver the goods. Where a Seller violates the aforementioned rules, the Buyer has the right to refuse to acknowledge receipt of the goods.
Where the Seller fails to complete customs clearance in China 30 days since its clicking of shipment (other than failure or delay in customs clearance for reasons attributable to the Buyer), refund will be available with respect to the transaction and the Seller shall promptly call back the goods and bear relevant risks in loss of such goods.
Where complete and effective goods tracking records cannot be accessed on the official website of the logistics company selected by the Seller and the Buyer fails to receive the goods 30 days since the Seller’s clicking of shipment (other than failure or delay in customs clearance for reasons attributable to the Buyer), refund will be available with respect to the transaction and the Seller shall promptly call back the goods and bear relevant risks in loss of such goods.
第十二条 签收规范 Article 12 Rules for Acknowledging Receipt of Goods
A Buyer must provide an accurate shipping address and recipient information to the Seller in the order. If a Buyer needs to change the shipping address or recipient information in the order, express consent of the Seller should be obtained.
When a Buyer provides recipient information, he / she may select themselves or someone else as the recipient. If a Buyer selects someone else as the recipient and the recipient violates the obligations stipulated in this Section, the Buyer must bear the corresponding responsibilities.
If a Seller fails to deliver the goods as a result of the Buyer providing an inaccurate shipping address and (or) recipient information or the Buyer requests to change the shipping address or recipient information without the Seller’s consent, , the delivery costs will be borne by the Buyer.
Where a Buyer only fills out the shipping address, but does not provide any recipient information, or the recipient information is not specific, if there is acknowledgement that the goods have been received at the shipping address, such acknowledgment of receipt will be deemed as the Buyer’s acknowledgement of receipt.
Where a Seller delivers the goods in accordance with the agreement, the recipient is obliged to receive the goods.
Where a recipient refuses to acknowledge receipt of goods without a proper reason, the delivery costs and custom duties will be borne by the Buyer, unless otherwise agreed by the Buyer and Seller.
Where a recipient refuses to acknowledge receipt goods, the Seller must promptly contact the carrier to retrieve the goods. Any additional delivery costs, insurance costs and other costs incurred due to the Seller’s delay in retrieving the goods will be borne by the Seller.
The recipient may acknowledge receipt of the goods themselves, or appoint another to acknowledge receipt on their behalf. Such appointed person’s acknowledgement of receipt will be deemed as the recipient’s acknowledgement of receipt.
(7) When a recipient acknowledges receipt of goods, he / she should check the goods before accepting them.
The recipient should check the regular appearance of goods before acknowledging receipt.
For goods that cannot be checked when it is delivered and acknowledgement of receipt, the recipient should check the goods before confirming acceptance of the goods, or within the time limit set out in the provisions concerning transaction process and overdue payments provided in the “Tmall Global Service Terms” .
“Regular appearance” in this provision refers to where it is possible to assess whether a good received is in good condition and consistent with the online description on the spot; for reference, the scope of regular appearance includes but is not limited to, the shape, size, quantity, weight etc. of a good.
If the recipient discovers that the goods are not regular in appearance when goods are delivered, he/she has ave the right to refuse to acknowledge receipt of the goods.
Regarding goods requiring acknowledgement of receipt before they can be opened and checked, the recipient should request the carrier to supervise and open the package to check on site. If the goods are not regular in appearance, the recipient should write down details of the circumstances on the shipping receipt (to be signed by both the recipient and the carrier), for the carrier’s confirmation by signature or for the carrier to directly return the goods.
After a recipient acknowledges receipt of goods in the territory, the risks of damage and loss associated with the goods will be passed from the Seller to the Buyer.
第十三条 退货规范Article 13 Rules for the Return of Goods
After a buyer and a seller reach a return agreement, or Tmall Global makes the determination of goods return and refund, the seller should offer a local return address within 48 hours after receiving the determination of Tmall Global or within the time agreed by both parties (this means that a merchant selling commodities to Mainland China should offer a designated return address in Mainland China; a merchant selling commodities to Hong Kong should offer a designated return address in Hong Kong; and a merchant selling commodities to Taiwan should offer a designated return address in Taiwan. The specific return site is subject to the negotiation between both parties). If failing to offer a reasonable return address within the specified time, the seller should bear the risk of commodity loss.
If a Seller provides an inaccurate return address causing the Buyer’s failure to return the goods, the Seller will bear the delivery costs incurred.
When a Buyer processes a return based on an agreement with the Seller or a determination made by Tmall Global, he/she should use the same delivery method used by the Seller to deliver the goods. Unless with specific consent of the Seller, a Buyer must not use the payment-upon-arrival method for the payment of delivery costs. After the goods are returned, the Seller is under an obligation to accept the goods.
Handling Rules for the Protection of Rights Concerning Goods with Critical Shelf Life
Shelf life refers to the best consumption period or usage period of a product. The shelf life of a product is provided by the manufacturer, and is labeled on the product with a limited usage period. Within the shelf life of a product, the manufacturer of the product is responsible for ensuring that the quality of the product complies with the relevant standards or express warranties, that Sellers can sell these products safely, and that customers can consume or use the products safely.
Where a Merchant specifies that the shelf life of a good is less than or equal to thirty (30) days, if the good expires within three (3) days of the Buyer acknowledging receipt of the good, the Merchant must unconditionally allow the Buyer to obtain a refund without returning the good; if a good’s shelf life is more than thirty (30) days but less than or equal to ninety (90) days, if the good expires within seven (7) days of the Buyer acknowledging receipt of the good, the Merchant must allow the Buyer to obtain a refund without returning the good.
For any other circumstances, please refer to the relevant provisions of other categories.
Article 14 Before any transaction, the details of the goods and transaction process must be agreed by both the Buyer and Seller in a clear and detailed manner.
第四节 物流规范Section 4 Logistics Rules
Article 15 Delivery Fees
The Seller must clearly and accurately specify who is responsible for the payment of delivery costs and the composition of the delivery costs.
If a good’s description contains two or more descriptions of delivery costs, or the actual delivery costs is inconsistent with the description of such, the Seller must provide an explanation to the Buyer and obtain their consent through Aliwangwang.
If a Seller violates the agreement in the preceding paragraph, the delivery costs should be paid in accordance with the description that is favorable to the Buyer.
Where delivery costs are borne by the Buyer, the Seller must charge the Buyer in accordance with the actual delivery costs incurred.
Article 16 Parcel Tax, Custom Clearance Procedures and other related issues.
For goods sent by mail delivery that require custom clearance procedures, the Seller must inform the Buyer in advance of matters that require his / her cooperation in accordance with the relevant laws and regulations. The Buyer must cooperate and provide necessary documents. If the Buyer does not cooperate causing the Merchant’s failure to deliver goods, the Merchant will not be liable.
A Seller must not require the Buyer to cooperate or provide documents unless required by laws and regulations.
Import duties on imported goods produced, in addition to individual postal items declared by the merchants bear reimbursement tariff, the rest paid by the buyer.
Section 5 Dispute Resolution
Article 17 Where a good sold by a Seller violates any law and regulation, or is a good that cannot be sold according to the provisions of the “Tmall Global Service Terms” concerning the misappropriation of another’s account, misappropriation of another’s property, posting of prohibited information, selling counterfeit goods, and misrepresentation of a good’s composition, Tmall Global has the right to cancel such transaction.
Article 18 Where there is a problem with the good’s quality or a good is inconsistent with the descriptions made online, the transaction will be resolved by refund and return of goods.
Where a good is not a counterfeit and does not have quality problems, the transaction will be resolved by releasing payment of the good.
Where a Buyer suffers any loss due to a good’s unreasonable risk to personal and property safety, Tmall Global will not handle the dispute and the Buyer and Seller must negotiate separately or resolve the dispute by other means.
Article 19 During the sales process, if a buyer and seller engages in false trading, the transaction will be resolved by refund.
After a sale, if the Buyer and Seller had engaged in false trading, the Buyer’s request for a refund will be dismissed.
Article 20 Where a Sellers violates the rules on the delivery of goods thereby causing the Buyer to be unable to receive the goods, refusing to acknowledge receipt of the goods, or returns the goods after acknowledging receipt, the transaction will be resolved by refund and the delivery costs will be borne by the Seller.
Where a Seller provides proof that the Buyer has received the goods and did not raise any other objections, the transaction will be resolved by releasing payment of the good.
Article 21 Where a Buyer refuses to acknowledge receipt of goods or returns the goods in accordance with the rules for acknowledging receipt of goods, the transaction will be resolved by refund and the delivery costs will be borne by the Seller.
For matters relating to the regular appearance of goods, where a Buyer provides proof that the goods had regular appearance at the time of acknowledging receipt, the transaction will be resolved by refund or refund and return of the goods. Where a Buyer cannot provide valid proof, the transaction will be resolved by releasing payment of the good.
Disputes arising out of matters that cannot be checked at the time of acknowledging receipt of goods will be resolved in accordance with Article 18 of these Rules.
Article 22 Violations of the rules for the return of goods by a Buyer or Seller will be handled in the following manner:
Where a Seller fails to provide a return address within the specified time, or provides an inaccurate return address causing the Buyer’s failure to return the goods or the goods cannot be delivered, or after the Buyer returns the goods as agreed but the Seller refuses to acknowledge receipt of the goods without proper reason, the transaction will be resolved by refund and the return delivery costs will be borne by the Seller. Tmall Global will not handle matters concerning a Seller requiring retrieval of goods; the Seller must negotiate with the Buyer separately or resolve the issue through other channels.
Where a Buyer fails to return the goods within the timeframe set forth in the agreement or the rules of Tmall Global, the transaction will be resolved by releasing payment of the good.
Tmall Global will not handle matters concerning a Buyer requesting to return the goods again after transaction funds have been paid to the Seller, ; the Buyer must negotiate with the Seller separately or resolve the issue through other channels.
Where goods are damaged in the course of return, after goods are returned to the Buyer or the Buyer refuses to acknowledge receipt of the goods without reason, the transaction will be resolved by releasing payment of the good.
For transactions where a Buyer and Seller agreed to refund and return the goods, or where Tmall Global makes a determination to that effect, Tmall Global has the right to refund the Buyer after the goods have been returned to the Seller’s return address.
For transactions where a Buyer and Seller have agreed to replace the goods, Tmall Global will have the right to refund the Buyer if the Seller fails to deliver the goods again after receiving the goods returned by the Buyer.
For cross-border transactions resolved by return and refund of goods, if a Buyer cannot return the goods due to reasons attributable to the Seller, the transaction will then be resolved by refund without the return of goods.
Where a Seller uses ordinary mail to deliver goods without first warning the Buyer of the associated risks, or fails to engage the designated carrier to deliver the goods, the transaction will be resolved by refund and the Seller will bear the delivery costs.
Article 23 Where a Buyer and Seller fails to reach a clear agreement and it is impossible to determine the liability according to these Rules, the transaction will be resolved by return and refund of goods. The delivery costs for delivery of the goods will be borne by the Seller and the delivery costs for the return of goods will be borne by the Buyer.
For other losses arising out of an unclear agreement, Tmall Global has the right to determine the proportion of liability each party should bear according to the actual situation, or choose to not handle the dispute.
Article 24 Bearing of Delivery Costs
Disputes over delivery costs in transactions will be handled according to the principle ” who is at fault must bear the responsibility”, unless the Seller and Buyer agree otherwise. Disputes will be handled in accordance with the Rules where these Rules have expressly specified the method of handling the dispute.
Where a Buyer and Seller have agreed to a refund but have not agreed on the delivery costs, the Seller will bear the delivery costs equivalent to that of the method of delivery that it adopted when delivering the goods.
During Tmall Global’s handling of disputes, if a Seller agrees to return or replace the goods but expressly objects to bear the delivery costs, the Buyer should return the goods first and after the Seller acknowledges receipt of the goods, Tmall Global will make a determination in accordance with these Rules on which party should bear the delivery costs.
Article 25 Where any merchant sells any of the following foods which they know are not in compliance with relevant national or local food safety standards, laws and rules, such merchant shall refund the payment to the buyer; where the buyer claims for compensation, such merchant shall pay the buyer liquidated damages equivalent to ten times the actual transaction amount of the involved commodity; where the liquidated damages is less than RMB 1,000, RMB 1,000 will apply：
Sell outdated foods or the exterior package of the commodity indicates that the production date of the commodity is later than its actual production date;
Other commodities that are not in compliance with relevant national or local food safety standards, laws and rules.
Chapter 3 Rules on After-sale Dispute Resolution
Article 26 After-sale Dispute Resolution refers to the basic procedures and standards according to which Tmall Global will handle claims for transaction damages of Buyer or Seller requests for transaction protection after the completion of sales.