Tuy nhiên, việc dịch thuật sang tiếng Anh sẽ có sự không nhất quán về nội dung. trong văn bản quy định Alibaba.com luôn nói đến việc này: "In the event of any inconsistency between the English and Chinese versions of these Rules, the Chinese version shall prevail."
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Rules for Transactions on Alibaba.com
Version No.: 20170228 Date of Issuance: 20170306
Section 1： Principle for Trade on Alibaba.com
1.1 Principle of Honest Trade
Users must abide by the principle of good faith in all of their Transactions (defined below) and perform Transactions as agreed between the parties in the relevant contract (in accordance with the agreed date, place, delivery methods, payment solution, products inspection and acceptance procedures, etc), so as to maintain the market order of Alibaba.com.
1.2 Principle of Compliance
When using any services (including but not limited to transaction services) of Alibaba.com in their Transaction, users must observe all applicable laws and regulations, these Rules for Transactions on Alibaba.com (these “Rules”) and other rules published on Alibaba.com from time to time (hereinafter referred to as 1.the“Relevant Rules”) and the agreement(s) applicable to the relevant service(s) on Alibaba.com.
Section 2： Scope of Application of These Rules for Transaction
2.1 Scope of Application of These Rules for Transaction
These Rules apply to Alibaba.com user cross-border transactions (hereinafter “Transaction”), but do not apply transactions between domestic users in mainland China at the Foreign Trade Service Marketplace or any other Alibaba.com product or service.
Section 3: The Purchase Contract of Cross-border Trade Transaction
3.1 The Purchase Contract of Cross-border Trade Transaction
Alibaba.com provides the online transaction systems and relevant technical services to support sellers and buyers to conclude Transactions online (collectively referred to as “Online Trade Services”). When sellers and buyers conduct online Transactions, they must observe these Rules, the Alibaba.com Transaction Services Agreement and the service agreement of Alibaba.com in connection with each Online Transaction Service (such as the service contract for Chinese suppliers) and the Relevant Rules. The buyer and the seller has the obligation to confirm the agreement in respect of the above Transaction, and agree in good faith on the trade terms (ie, the number of products, prices, products features (e.g. specifications, materials), payment solution, delivery time, place and methods, as well as product inspection and acceptance methods. If a user uses Secure Payment, Trade Assurance or other special transaction services, the applicable agreement and/or rules for such special transaction services should apply first, and if the relevant circumstances is not expressly provided in such agreements or rules, these Rules shall apply. Alibaba.com may decide if the relevant rules are applicable at its sole discretion.
To maintain an honest trading environment and proper market order on Alibaba.com, in respect of those contracts that are entered into for the purposes of acquiring improper interests or are untrue or dishonest, Alibaba.com may dispose of or penalize those Transactions and the accounts involved in such prohibitive manners at its sole discretion. Alibaba.com reserves the right of recourse on all improper interests acquired through Alibaba.com.
Alibaba.com does NOT encourage users (as the buyer or the seller) to conduct the Transactions by means of traditional offline trade after having approached each other through Online Trade Services or via Alibaba.com, and strongly suggest such users to keep relevant trading documents, and protect their own interests. For such disputes based on the offline trade, Alibaba.com provides intervention and/or mediation on a limited basis.
Section 4: Payment
4.1 Payment
After the contract is confirmed, buyers and sellers should complete the payment process in accordance with the terms of the Alibaba.com Supplemental Services Agreement. Buyer should complete payment pursuant to the payment amount, payment method and specified accounts stipulated in the contract. If user uses special transaction services like Secure Payment or Trade Assurance, the Transaction would be governed by the payment rules for such special transaction services (if applicable); however, if not expressly provided in such rules, then these Rules will apply. Alibaba.com may decide at its sole discretion if and which of the Relevant Rules are applicable.
In order to protect the rights of buyers and sellers, Alibaba.com strongly suggests users to use the payment methods accepted by the Secure Payment and the Trade Assurance transaction service products.
Unless otherwise stipulated, regular extra charges (e.g. bank charges or third-party service fees) arising under a Transaction shall be borne by the users who use the specific products or services. Both the Buyer and Seller should bear the risk of fluctuations in exchange rate.
Section 5: Transaction Disputes and Mediation
5.1 Transaction Disputes and Mediation
Where users conduct Transactions by means of traditional offline trade after having approached each other through Online Trade Services or via Alibaba.com, any dispute arising in such Transaction must be settled by and between the buyer and the seller through their own negotiations. If the parties fail to negotiate or to reach any agreement through negotiation, either party or both parties may submit the Transaction dispute to Alibaba.com for mediation. Alibaba.com has the right to determine whether to accept the complaint relating to the relevant dispute in accordance with the Relevant Rules. In such a dispute, the user initiating the complaint relating to a Transaction dispute and filing a claim for determination is referred to as the complainant and the other party as the respondent.
To facilitate complaints handling, Alibaba.com provides an online system for filing complaints (URL:https://service.alibaba.com/complaint/center/index.htm, hereinafter referred to as the “Complaints Platform”). Parties to a dispute should submit complaints, counter-notices and supporting evidence through the Complaints Platform. If the complainant fails to provide the relevant supporting documents within the required time period or the supporting documents submitted by the complainant are insufficient to substantiate its claim, Alibaba.com has the right to refuse to accept the complaint and close the case accordingly.
Alibaba.com currently accepts complaints on three Transaction types, including:
|
Transaction Type |
Claim Period |
Mediation Period |
Guarantee Amount |
|
Transaction via Trade Assurance |
May vary depending on the scope of assurance in the Purchase Contract but in no case shall it exceed [90] days of the date of shipment. |
Alibaba.com dispute specialist will give a reply within [20] days. For special case, the arbitration process period may be extended.
|
May vary depending on the scope of assurance in the Purchase Contract but in no case shall it exceed the actual payment amount of the order. |
|
Transaction via Secure Payment |
From the payment date to buyer confirmed date of products received or system default date of products received, but in no case shall it exceed [90] days. |
|
|
|
Transaction via offline payment methods |
Within [90] days from the appointed date of delivery. |
|
Remark: The content of the above table in relation to Trade Assurance and Security Payment shall be for references only. In the event of discrepancies, the relevant agreed terms and rules applicable to the above listed services shall be final.
In respect of complaints relating to suspected fraudulent trades (including but not limited to the scenarios of failure by seller to deliver products after receiving payment, material breaches by seller in delivering products inconsistent with the product specifications and failure to make payment by buyer upon receiving products), Alibaba.com reserves the right to extend or to not impose a limit on the complaints period and mediation period.
Sellers have the obligation of resolving after-sales problems in accordance with its after-sales service commitment to buyers and at the same time abiding by relevant laws, regulations and/or the Relevant Rules on Alibaba.com. When a user fails to perform its commitment as promised to the other party, causing the parties to fail in achieving the relevant fundamental commercial objectives, Alibaba.com reserves the right to extend or not to place a limit on the complaints period.
In respect of a dispute that Alibaba.com has decided to accept, Alibaba.com will ascertain the relevant facts in accordance with the Relevant Rules. The parties have an obligation to actively provide relevant factual evidence to substantiate their claim, and Alibaba.com has the right to use their independent judgment based on the collected materials and make a decision accordingly. If it is determined that a party has committed any breach or violation, Alibaba.com will impose penalties in accordance with the relevant service agreement and the Relevant Rules.
As Alibaba.com is not a professional dispute resolution institution and has a limited capacity to identify evidence and settle disputes, Alibaba.com does not warrant that the results of dispute settlement will meet the expectations of the buyer and the seller, nor will it be liable in any way for the results of dispute settlement. In case the buyer and the seller still cannot reach an agreement on a relevant dispute after Alibaba.com steps in to mediate, the buyer and the seller must settle the dispute through litigation, arbitration or other means. In addition, the settlement by Alibaba.com does not exempt the responsible party from any punishment under applicable laws and regulations.
If a settlement or compromise has been reached between the parties to the dispute, and the complainant retracts the complaint against the respondent, Alibaba.com has the right to exempt the respondent from relevant penalties, unless the retraction of complaint has been found to be due to the respondent’s inducement, threat, coercion or other improper means, or Alibaba.com deems that the exemption is improper.
Section 6: Assessment on Transaction, and Communication Between Buyers and Sellers
6.1 Assessment or Communication on Alibaba.com
Buyers may provide an assessment for transactions completed via one of the online transaction methods approved by Alibaba.com.
|
Transaction Type |
Timing for Providing Assessment |
|
Transaction via Trade Assurance |
Time stipulated under the contract, but in no case shall it exceed [45] days of the agreed date and time. |
|
Transaction via Secure Payment |
Following the buyer’s confirmation of receipt of products or confirmation of receipt of products by Alibaba.com’s system, which shall in any case be within [30] days from the confirmed date of products received in each case. |
Remark: The content of the above table in relation to Trade Assurance and Security Payment shall be for references only. In the event of discrepancies, the relevant agreed terms and rules applicable to the above listed services shall be final.
With respect to any assessment or communications on Alibaba.com, it is prohibited to use illegal or improper remarks (including but not limited to, spam messages, pornography, insult, defamation, unauthorized disclosure of another person’s private information (eg, name, contact information, address, etc), language that infringe a third party's legitimate rights or otherwise are detrimental to the stability of society). Alibaba.com has the right at its sole discretion of hiding, masking or deleting any such content and the corresponding evaluation grading, and dispose of or penalize the related accounts.
In the event of any inconsistency between the English and Chinese versions of these Rules, the Chinese version shall prevail.
Nguồn/Source: Alibaba.com
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