Tmall Global Dispute Resolution Rules 2
Chapter 4 Burden of Proof
Article 27 During dispute resolution, Tmall Global has the right to request the Buyer or Seller to provide evidence, and has the right to unilaterally decide on the admissibility of the evidence.
Article 28 Where a Buyer claims that it has not received the goods, the Seller bears the burden in proving the Buyer had already acknowledged receipt of such goods in accordance with these Rules.
Article 29 After a Buyer acknowledges receipt of goods, if a dispute arises out of the good’s irregularity in appearance, the Buyer bears the burden of proving that the irregularity in appearance existed at the time the Buyer acknowledged receipt of such goods.
Article 30 Where a Buyer claims that the goods received possesses quality problems or are counterfeit goods, but the claims cannot be determined through the naked eye, the Seller must provide documents of proof, in accordance with Tmall Global’s request, including but not limited to: the complete evidence chain of the good’s purchase, brand license, product certification, business registration certificate etc.
Where a Buyer claims that the goods received possesses quality problems or that the goods are inconsistent with the online description, but the claims cannot be determined by the naked eye,Tmall Global has the right to directly make a determination in accordance with the good’s images.
Article 31 After a Seller provides documents of proof that comply with Article 30 of these Rules, the Buyer must provide corresponding inspection proof according to the request of Tmall Global.
Where the inspection results show that the goods possess quality problems or are counterfeit goods, the inspection costs will be borne by the Seller; where the inspection results show that the goods do not possess quality problems or are not counterfeit goods, the inspection costs will be borne by the Buyer. The principles determining the responsibility for damages during the inspection process will be the same as the responsibility for inspection costs.
Where a claim cannot be proven due to the objective inability to provide inspection proof, or where the inspection costs exceeds the payment amount in dispute, such disputes will be handled in accordance with Article 22 of these Rules.
Where a Buyer inspects the goods without being requested by Tmall Global, the inspection costs will be borne by the Buyer.
Article 32 Where a Seller has not announced the delivery the goods, but has actually delivered the goods before the Buyer applies for a refund, the Seller must provide corresponding proof of delivery.
Article 33 Documents of proof provided for various disputes handled by Tmall Global must be provided in accordance with Tmall Global’s request.
Article 34 Tmall Global, as an independent third party, will only conduct a formal review of the evidence provided by both parties and make an independent judgment. Both parties are responsible for the truthfulness, completeness, accuracy and timeliness of the evidence and the consequences for inability to adduce evidence.
Chapter 5 Dispute Resolution Procedures
Section 1 Application and Acceptance
Article 35 After a Buyer applies for a refund, the Buyer and Seller may choose to resolve disputes through individual negotiation, requesting Tmall Global’s intervention, or through legal channels and other means.
Where a party requests Tmall Global’s intervention, Tmall Global has the right to handle the dispute in accordance with these Rules.
Article 36 A Buyer and Seller applying for dispute handling by Tmall Global must fulfill the following conditions:
With respect to disputes during sale, a Buyer should apply for a refund for disputes arising due to a Buyer not receiving the good, the good is irregular in appearance, the good received does not match its description, or the good possesses quality problems after payment, before confirming receipt of the goods or within the timeout period for overdue payments as stipulated in the provisions concerning transaction process in the “Tmall Global Service Terms”.
With respect to after-sale disputes, where disputes comply with the following conditions, the Buyer may apply for a refund:
If the dispute concerns a good that is a counterfeit good, the Buyer must apply for a refund within ninety (90) days after the transaction is complete.
If the dispute concerns a good received that does not match its description, the Buyer must apply for a refund within fifteen (15) days after the transaction is complete.
Where a category of goods has its own special rules for after-sale dispute resolution, such disputes will be handled in accordance with the special rules of those categories.
Article 37 Tmall Global will accept the applications for handling trade disputes if it complies with Article 38 of these Rules; Tmall Global will handle trade disputes for the following applications and different circumstances:
Tmall Global will not accept applications for handling trade disputes where a Buyer applies for a refund after the prescribed time limit.
Tmall Global will not handle trade disputes where a Buyer or Seller goes back on a separately agreed arrangement for refund already completed; where a Buyer or Seller goes back on a separately agreed arrangement for refund that has not been completed, and requests Tmall Global to intervene, Tmall Global will handle such dispute in accordance with these Rules.
Tmall Global will not handle trade disputes involving a transaction that has been completed without a refund or return of goods but the Seller wishes to retrieve the goods, in such circumstances the Seller should contact the Buyer directly to negotiate or settle the dispute using other means.
Tmall Global will not handle trade disputes concerning actual goods received that are inconsistent the goods of an order.
Tmall Global will not handle trade disputes involving a Buyer’s re-application for refund after the Buyer’s initial request for refund has been rejected.
Tmall Global will not handle trade disputes for circumstances with special regulations under these Rules.
Section 2 Handling of Trade Disputes
Article 38 During Tmall Global’s handling of a trade dispute, the Buyer and Seller must provide proof in a timely manner in accordance with the tips provided on the Tmall Global system and (or) the notifications sent by Tmall Global via text, phone calls or email.
Article 39 After Tmall Global collects proof provided by both parties, it will, within the time limit shown Tmall Global system, handle the dispute in accordance with these Rules; for trade disputes that these Rules do not provide for specifically, Tmall Global will handle these disputes at its sole discretion.
Where either party, without proper reason, does not provide proof in accordance with the foregoing provisions, Tmall Global will have the right to handle such disputes in accordance with the proof it actually collects.
Article 40 Depending on different circumstances, Tmall Global will use its independent judgment to handle trade disputes arising between a Buyer and Seller in the following manner:
Where a transaction is settled by cancellation, the transaction funds will be paid to the Buyer.
Where a transaction is settled by refund, the transaction funds will be paid to the Buyer.
Where a transaction is settled by a return and refund of goods, the transaction funds will be paid to the Buyer after the Seller acknowledges receipt of the goods being returned.
If it is agreed that the goods not being returned will be settled by partial refund, the transaction funds will be paid to the Buyer and Seller respectively.
Where the transaction is settled by releasing payment of the goods, the transaction funds will be paid to the Seller.
Rejecting a Buyer’s request for refund.
Section 3 Termination of Dispute Resolution
Article 41 During Tmall Global’s handling of trade disputes, if any of the following circumstances occurs, Tmall Global will terminate the resolution of the corresponding dispute:
Where the Buyer and Seller both request to resolve the dispute themselves through negotiation;
Where a party informs Tmall Global that the dispute will be resolved through judicial processes.
Article 42 Resuming Dispute Resolution Procedures
Where a Buyer and Seller both request to resolve the dispute themselves through negotiation, the Buyer and Seller must settle the transaction funds , or provide Tmall Global with the negotiation results for Tmall Global to settle the transaction funds on their behalf within thirty (30) days of submitting such request. In case of failure to settle the transaction funds or informTmall Global of the negotiation results, Tmall Global has the right to handle such dispute in accordance with these Rules.
Where a party informs Tmall Global that the dispute will be resolved through judicial processes, that party must provide Tmall Global with proof of case acceptance issued by the judicial authority within seven (7) days. In case of failure to provide proof of case acceptance within the deadline, or the judicial authority does not order the transaction funds to be frozen or transferred etc. within six (6) months of accepting the case, Tmall Global has the right to handle such dispute in accordance with these Rules.
Section 4 Enforcement
Article 43 During Tmall Global’s handling of trade disputes, if a Buyer and Seller reaches an agreement to refund but cannot process the refund themselves, Tmall Global will directly process the relevant transaction funds and(or) security deposit in accordance with the refund agreement reached by the parties.
Article 44 After Tmall Global has resolved a trade dispute, it has the right to instruct Alipay to process full or partial payment of the transaction funds to the Buyer and (or) Seller in accordance with its determination, or to instruct the Seller (or Buyer) to make relevant payment to the Buyer (or Seller) according to its determination.
Article 45 After transaction funds have been fully paid to a Buyer, if the Seller is still liable according to the determination, Tmall Global has the right to transfer a corresponding amount from the security deposit or other funds provided by the Seller under the “Tmall Global Service Terms” to the Buyer as compensation.
Tmall Global will not handle trade disputes if according to the determination a Seller (or Buyer) is still liable after payment of transaction funds or security deposit, the Buyer and Seller must separately negotiate a settlement or resolve such dispute through other channels.
Article 46 During dispute resolution, if Tmall Global uses its own funds to compensate the Buyer on behalf of the Seller (also referred to as an “advance payment”), Tmall Global has the right to, after the transaction has been settled, transfer the amount equivalent to the amount of the advance payment from the security deposit to Tmall Global’s account.
Chapter 5 Other Recourses
Article 47 After Tmall Global has made a determination and instructed Alipay to pay the funds in dispute, if the Buyer and(or) Seller objects to Tmall Global’s determination, it must submit the dispute to the Hong Kong International Arbitration Centre for arbitration within twenty (20) days of Tmall Global’s determination.
Article 48 Where a trade dispute is resolved by judicial processes, Tmall Global will instruct Alipay to process the corresponding transaction funds and security deposit in accordance with the effective legal instrument issued by judicial authorities.
Chapter 6 Rules for Handling Trade Disputes concerning Outbound Purchase
Article 49 Outbound Purchase: refers to a transaction placed at the Tmall Global platform where the good is collected at an overseas store by electronic receipt.
Article 50 Dispute Resolution of Outbound Purchases during sale: refers to a trade dispute that arises before confirmation of the transaction via electronic receipt; Dispute Resolution of Outbound Purchases after sale: refers to a trade dispute that arises after confirmation of the transaction via electronic receipt.
Article 51 For purchased goods that are tax-free, the Merchant will not be liable for goods that cannot be collected because a recipient’s details provided in the order are different to those of the recipient collecting the goods.
Article 52 If purchased goods are tax-free cannot be delivered due to the destination country’s laws and regulations, and the Merchant will not be liable if it has provided detailed explanation or reminders to its customers during the purchase process.
Chapter 7 Supplementary Provisions
Article 53 Tmall Global’s issuance of a determination does not exempt a Buyer or Seller’s obligations under other agreements and rules entered with Tmall Global.
Article 54 Where there are special requirements for the dispute resolution between a Buyer and Seller in the rules of any Tmall Global scheduled or unscheduled official activities, such trade disputes will be handled in accordance with the special requirements laid down in such activities’ rules.
Article 55 Where Tmall Global has already intervened in a trade dispute before these Rules are effective or modified, the then current rules will be applicable. Where Tmall Global intervenes in a dispute after these Rules are effective or modified, these Rules or the modified rules will be applicable.
IN CASE OF ANY INCONSISTENCY BETWEEN THE TWO LANGUAGE VERSIONS, THE CHINESE VERSION SHALL PREVAIL.