AliExpress Platform Rules for Spanish sellers

Update time: August 8, 2017

Chapter 1 Overview

1.1 Alibaba is dedicated to promoting the development of an open, transparent, sharable, and responsible new commercial civilization, and has formulated the AliExpress Platform Rules (Seller Rules) (hereinafter referred to as the “AliExpress Rules” or “the Rules”) to maintain and optimize the business order of the AliExpress platform (www.aliexpress.com) and better ensure the legitimate rights and interests of AliExpress users. The Rules are applicable only to AliExpress sellers. The Rules are supplemental agreements between Alibaba and sellers, including theTerms of Use and Alibaba.com Transactions Service Agreementand other relevant website rules and policies (hereinafter referred to as “website rules”).

1.2 The AliExpress Rules shall increase basic obligations to AliExpress users or place restrictions on fundamental rights.

1.3 AliExpress has the right to determine whether a seller violates rules based on the website rules (including the AliExpress Rules) and punish the seller in strict accordance with the website rules.

1.4 AliExpress has the right to change the Rules at any time and release announcements on the website. If sellers do not agree to the changes, the sellers shall immediately stop using the AliExpress platform’s related services or products.

Chapter 2 Definitions

2.1 In accordance with the context of the content, AliExpress refers to the network transaction platform with the domain name of www.aliexpress.com, or Alibaba, which operates the AliExpress platform; Alibaba includes Alibaba.com (China) Networking Technology Co., Ltd, Alibaba.com Singapore E-Commerce Private Limited, and affiliated companies. Alibaba.com (China) Networking Technology Co., Ltd provides technical support for the AliExpress platform. The AliExpress platform is also called “AliExpress” for short.

2.2 User refers to anyone who uses the services of AliExpress. Regardless of whether you are registered, as long as you use services provided by AliExpress, including browsing AliExpress web pages, you are considered an AliExpress user.

2.3 Member refers to a user who has completed the registration process on AliExpress. Each account corresponds to a unique member ID.

2.4 Buyer refers to a user who browses or purchases products on the AliExpress platform.

2.5 Seller refers to a member who can release products on the AliExpress platform.

2.6 Unless otherwise specified, the day and month in any time limit in the Rules indicate a natural day and month.

2.7 Other terms that have been defined in other chapters shall be explained according to the definitions in those chapters.

Chapter 3 Basic Obligations of Sellers

3.1 All behaviors of sellers on the AliExpress platform shall comply with the website rules released by Alibaba.

3.2 Sellers shall abide by national laws, administrative regulations, department rules, and other regulatory documents. Any behavior that is suspected to be violation to national laws, administrative regulations, and department rules shall be handled according to the stipulated Rules. If relevant regulations do not exist in the Rules, AliExpress has the right to exercise discretion in handling violations accordingly. However, in handling sellers’ violations, AliExpress is not relieved of its legal responsibilities.

3.3 As a selling party in the transaction market, a seller has the obligation to understand and be familiar with the buyer rules in the transaction process to complete transactions with buyers.

3.4 Information about prohibited or banned products cannot be released. For details, see theProduct Listing Policy on AliExpress.

3.5 Sellers shall respect others’ intellectual property rights. On the AliExpress platform, it is prohibited to release or sell products that may infringe on any third party’s intellectual property rights without authorization. For details, see theIntellectual Property Rights (IPR) Protection Policy

3.6Sellers shall abide by the principles of business integrity, such as fulfilling orders in a timely manner and meeting service commitments. Dishonest behavior such as fraudulent transactions, fraudulent delivery, and sending products different from ordered products are not allowed.

Explanation

Is the disclaimer or escape clause that a sellers may add considered valid?

If seller make any claim or disclaimer in their shops that violates national laws, or regulations, or AliExpress Platform Rules, the clauses shall be invalid. For example, a seller adds a clause that unilaterally exempts the seller from any responsibility or transfers risks to buyers. As long as the seller does not violate laws and regulations and AliExpress Rules, the clause is valid. Likewise, for example, if a seller commits to “ten thousand times compensation for one counterfeit” in order to attract more customers, the buyer is entitled to require the seller to honor the promise. Examples of invalid clauses: 1. If you leave a bad review, we will not offer you customer service after sales. 2. We do not accept bad reviews. Do not purchase anything in our shop if you do not agree with this clause. 3.We offer free exchanges, but if you return your order for a refund, you must pay the shipping costs for sending the item to you and for returning it.

3.7 Sellers are obligated to describe the product as is. Sellers shall provide basic attributes, qualities, defects, and other necessary information in full detail on the product description page, the shop’s page, TradeManager, and other web pages on the AliExpress platform.

Explanation

A. Why it is the seller’s basic obligation to describe the product as is?

Product descriptions are the only way for buyers to know your product; therefore, buyers are entitled to have access to an accurate, objective, and complete description. The product description allows buyers to understand what the product is really like before purchase, and effectively reduces disputes.

B. What information shall sellers provide about the product?

Sellers shall provide a complete and accurate description about the product’s basic attributes, qualities, defects, and other necessary information.

C. What kind of description will be regarded as inaccurate or incomplete?

If there is a significant deviation between the description and the actual provision of the goods or services, AliExpress may determine that the complaint about inaccurate or incomplete product description is true. Valid product descriptions include but are not limited to the following information: 1. Information about the product, which is passed from sellers to buyers through all AliExpress channels including the product description page, intra-net messages, TradeManager, and Email. For example, the product (such as color, size, brand, style, and model), shipping costs, shipment, and accessories attached to the transaction must be described to buyers. 2. Information about flaws and defects of the product. Sellers shall accurately describe any flaw or defect of the product and bring this to buyers’ attention. Deliberately concealing information or ambiguity is not allowed.

3.8 Seller shall ensure that goods can be used within a reasonable period of time after sales; for example, the product has no hazard to safety or property, performs its functions properly, and complies with the standard for the product or the standard that is claimed on the packaging.

Explanation

What does “ensuring that goods can be used within a reasonable period of time after sales” mean?

The product has no hazard to safety or property, performs its functions properly, and complies with the standard for the product or the standard that is claimed on the packaging In other words, the goods shall comply with quality standards in ChinaSpain or other export countries, and sellers shall provide customer services after sales according to the corresponding regulations.

3.9 AliExpress reserves the right to impose penalties on sellers who violate the preceding obligation terms, or even close the seller’s shop if the seller’s behavior causes serious consequences.

Chapter 4 Transaction

4.1 Registration

4.1.1 Sellers shall ensure that the email address or shop name used on the AliExpress platform conforms to national laws and regulations. Alleged violations to others’ rights or interference with AliExpress operation will not be allowed in the email address or shop name.

4.1.2
1) If a seller initiates withdrawal from or is permitted to leave the AliExpress platform because it is no longer operate, the platform will release the shop (Measures taken to release the shop include but not restricted to revoking the intra-net messages, message for closed orders, and the shop’s homepage functions). If the seller’s account does not operate for more than one year, the platform reserves the right to close the account.

2) AliExpress has the right to terminate or revoke a seller’s account if the seller cannot pass the identification check or has not logged in to the AliExpress platform or TradeManager for more than one year.

Explanation

A. What does shop release mean?

Shop release means that the homepage of the seller’s shop has been closed and the account will be closed one year after the seller stops operations on the platform.

B. Under what conditions, will the shop be released?

When a seller initiates withdrawal from or is permitted to terminate its operations in all categories and sub-categories, the shop will be released.

C. How do you to restore a shop?

During the period while the shop is released, sellers can apply for a permit to sell goods under certain operational categories through the background of the platform and pay the specific annual fee. The shop will be restored after the application is approved. However, if the seller’s account is closed, the seller needs to contact our consultants through Xiao He Online to reopen the account before executing the preceding step.

4.1.3 If the seller’s account is closed by AliExpress for a serious violation to laws and regulations, the seller cannot re-register with the AliExpress platform. If the seller is found to be re-registered with the platform, AliExpress will close the member’s account.

Explanation

Why cannot the seller re-register with the AliExpress platform if the seller’s account has been closed for serious violations to laws and regulations?

AliExpress provides a global trading platform for honest small and medium sellers on the mainland of China. The platform notifies and imposes penalties on sellers who violate the Rules. If a seller has accumulated a series of violations over time and has shown no signs of improving and the violations grow more serious, the seller’s account shall be closed for serious violations of laws and regulations. Such users are not welcome at AliExpress.

4.1.4 Users must use their own email address to register with AliExpress. AliExpress has the right to verify the email address.

4.1.5 The AliExpress member IDs are automatically allocated by the system, and therefore they cannot be changed.

4.1.6 The member who has passed the enterprise verification can hold up to six main AliExpress accounts that can sell goods, except for special conditions. If sellers have chosen to be verified as an enterprise, the AliExpress shop is an enterprise, and sellers need to appoint a person who is responsible for the powers and liabilities of the AliExpress account. Unless there is a legal requirement, judicial decision, or the consent of the AliExpress platform, sellers cannot transfer, lend, or borrow membership accounts. If a seller violates this clause, the members themselves shall bear all responsibilities, and AliExpress reserves the right to close the specific AliExpress account.

4.2 Operation

4.2.1 Sellers must provide authentic information including name, address, and business license before operating on the AliExpress platform.

4.2.2Sellers must pass the enterprise real name verification, complete the settings of the paid account, pay for the permissions to sell goods under certain business categories, and get approved to use the applied trademark before they can list the goods with the specific trademark. After the goods are listed, the shop will be opened automatically.

4.2.3 Restrictions on shops:

1) One shop can post no more than 3000 listings online. The platform will adjust the upper limit according to the business performance. The platform shall notify the seller of any adjustment.

2) Restrictions on brands:

a. The brand is the same as or similar to a brand, channel service, or category that already exists on the platform.

b. The brand name contains a category name, a generic name, or a category’s hot search word.

c. The brand name contains a celebrity’s name or a geographical name.

d. The brand is the same as or similar to a well-known brand.

e. The trademark consists of a graphic mark only.

3) A brand operating on the AliExpress platform may be terminated for the following reasons:

a. Goods under this brand are produced by unqualified manufacturers, or violate the compulsory standards issued by the state, local governments, industries, or enterprises.

b. The brand is proved to be a counterfeit with respect to trademarks, product names, packaging, and decoration, enterprise names, or product quality standards, or may confuse consumers by using any of the preceding information that is similar to well-known brands.

c. The brand incurs a bad user experience and causes serious consequences, including but not restricted to selling counterfeits and causing several after-sales complaints. The platform reserves the right to clear the brand from the platform and revoke the right to operate.

4) Restrictions on the number of business categories of one enterprise:

a. Sellers whose membership has been terminated by AliExpress for selling counterfeits or providing fake qualifications shall be permanently banned from joining the platform.

b. If AliExpress bans a seller for its substandard performance indicators or the seller withdraws from a business category during operations, the seller cannot apply to sell products in that business category in the same year.

5) Restrictions on the number of shops owned by one enterprise.

a. Repeatedlistings: The shops that belong to one enterprise cannot post listings repeatedly (except for shops in different national substations). If AliExpress has evidence that indicates that the enterprise has listed products repeatedly in different shops, the platform has the right to impose a penalty on the shops or even revoke the right to operate.

b. One enterprise is allowed to open three shops under one business category (except for special circumstances).

5) Restrictions on accounts re-joining AliExpress:

a. Sellers whose membership has been terminated by AliExpress for selling counterfeits or providing fake qualifications shall be permanently banned from joining the platform.

b. If AliExpress bans a seller for its substandard performance indicators or the seller withdraws from a business category during operations, the seller cannot apply to sell products in that business category in the same year.

4.2.4 Commission fees charged in real time

Sellers shall pay commission at a certain percentage of their sales on the AliExpress platform.

Please refer to the table below for AliExpress Plaza’s commission rates for different categories.

Category

Commission Rate

Apparel & Accessories

8%

Beauty & Health

8%

Shoes

8%

Bags

8%

Jewelry & Accessories

8%

Watches

8%

Sports & Entertainment

8%

3C – Cell Phones & Tablets

5%

3C Accessories

8%

AliExpress also reserves the right to adjust the commission rate according to category developments at any time. The notification will be published on the platform’s website or delivered through intra-net messages. Sellers need to pay attention to updates to the Rules.

4.3 Rules about expired orders

4.3.1 Buyer payment timeout: If a buyer does not pay for an order or the payment is not credited within 20 days from the order being placed, the order will time out and closed.

4.3.2 Orders canceled by buyers: A buyer can ask to cancel orders after the buyer has paid for the order and before the seller has shipped the product.
After a buyer has asked to cancel an order, sellers can negotiate with the buyer on cancellation. If the seller agrees to cancel the order, the order will be closed and the buyer will get a full refund.
If the seller does not agree to cancel the order and has shipped the goods, the order will continue to be processed.
If the seller does not do anything until the shipment times out, the order will be closed and the buyer will get a full refund.
If the seller has shipped parts of the order, but does not complete shipment before the end of the shipment period, the order will be closed and the buyer will get a full refund.

4.3.3 Seller shipment timeout: After a buyer has paid for an order, sellers have a certain period of time to prepare the goods for shipment. If sellers cannot ship the goods in due time, sellers can negotiate with the buyer and ask buyer to submit an application for an extension, and sellers shall ship goods before the negotiated date. If a seller does not ship the complete order before the negotiated date, the order will be closed and the buyer will get a full refund.

Explanation

Why AliExpress allows an extension to the shipment period?

An extension to the shipment period allows enough time for sellers to prepare and ship the goods, so that the order will not be closed. However, sellers should avoid using the extension as much as possible, and provide an accurate time when they set the shipment date. If sellers do have difficulties, they can negotiate with buyers to ask them for an extension.

4.3.4 Buyer confirmation timeout: After sellers claim that all goods have been shipped, buyers should confirm receipt within the delivery time to which the seller committed. (If the delivery time is shorter than the default time set by the platform, the time is subject to the default time.) During this period, sellers shall answer inquiries from buyers about the shipment. If a buyer has evidences showing that the buyer did not receive the goods, the seller can extend the time for the buyer to confirm receipt. If a buyer does not confirm receipt and does not apply for a refund, the confirmation time shall expire and the order will be regarded as completed.

4.3.5 Refund application by buyers: once goods have been shipped, if delivery time exceeds the time to which the seller has committed, a buyer can apply for a refund.

4.4 Shipping

4.4.1 Sellers shall choose the shipping services in accordance with the buyer’s choice. Sellers shall not change the shipping service without the consent of the buyer.

4.4.2 When sellers send the shipment notice, they must provide valid tracking numbers that can be queried.

4.5 Disputes

4.5.1 Disputes include applications for both refunds and returns. If a buyer does not receive the goods after the seller has shipped the goods and issued the shipment notice, the buyer can apply for a refund within 15 days of receiving the shipment notice.

If the buyer is not satisfied with the goods received, the buyer can apply for a refund and/ or return within 15 days from receiving the goods. Buyers can refund and/ or return items according with Spanish law.

4.5.2 When a buyer submits or modifies a dispute, if the dispute has not already been escalated to AliExpress, sellers must accept or reject the application within two working days (five normal days); otherwise the order will be processed as per buyer’s dispute proposal.

4.5.3 If the buyer and seller come to an agreement within seven days from the application date of the dispute, the order will be processed in accordance with the agreement reached by both parties; if the buyer and seller cannot reach an agreement within seven days, AliExpress will intervene to settle the dispute.
If the reason for the refund application by the buyer is Goods not received—goods in transit, the system will automatically submit the dispute to AliExpress for a decision when the process reaches the time limit.

4.5.4 To improve a buyer’s user experience and confidence with the AliExpress platform and AliExpress sellers, AliExpress encourages sellers to reach an agreement with buyers as possible as they can. If they cannot reach an agreement, AliExpress will initiate to intervene in the dispute and provide a solution.

4.5.5 If the buyer and seller have reached a refund agreement and the buyer agrees to return the goods, the buyer must return the goods within 10 days from the dispute agreement date. Buyers must send a shipment notice via the AliExpress system and goods must be returned in the condition in which they were shipped, such as labels intact for apparel goods. Return shipping is covered by the seller.
1) If the buyer does not send a return shipment notice within 10 days, the system will abort the refund process and end the transaction.
2) If a buyer sends a return shipment notice within 10 days and the seller confirms receipt within 30 days from the date the buyer sent the return shipment notice, AliExpress will process a refund according to the refund agreement.
3) If the buyer sends a shipment notice within 10 days, and the seller does not confirm receipt within 30 days from the date the buyer sent the return shipment notice and does not submit an application, AliExpress will process the refund according to the refund agreement.
4) If the seller does not receive the returned goods, or the goods received are not the ones originally shipped, the seller can submit a claim to AliExpress within 30 days from the date the buyer sent the return shipment notice. This will be escalated to AliExpress for dispute resolution.

4.6 Feedback

4.6.1 Feedback on the AliExpress platform is divided into credit feedback and seller ratings by category. The following figure shows the two types of feedback:

Credit feedback is given by the buyers and the sellers to each other with respect to the other party’s credit after orders have been completed. One credit feedback record is composed of a five star-based rating and a customer review. Seller ratings by category is anonymously made by the buyers to rate the sellers after orders have been completed, in terms of Item as described, Communication, and Shipping speed. Only the buyers can rate the sellers on these three aspects. Credit feedback is made by both the buyers and the sellers, but seller ratings by category is made by the buyers only.

4.6.2 Both the buyers and the sellers can leave a feedback within 30 days after the order has been completed.

4.6.3 If neither the buyers nor the sellers leave a feedback , the order will not have any feedback records. If party A leave a feedback on party B within this period, while party B does not leave a feedback on party A, the system will not generate a default feedback record on party A. (Neither will the system generate a default feedback record of seller ratings by category.)

4.6.4 How to calculate Positive Feedback Ratings of goods/sellers and Feedback Score of the sellers:
1) If a buyer leaves a seller with one feedback record only within the same ten days (the ten days refers to the first day to the 10th day of a month in US time, or the 11th day to the 20th day, or the 21st day to the 31st day), the feedback rate of the buyer’s order is the rating of this feedback record;
2) If a buyer leaves a seller with several feedback records in the same ten days (the ten days refers to the first day to the 10th day of a month in US time, or the 11th day to the 20th day, or the 21st day to the 31st day), the seller receives only one record of each feedback type (positive feedback, general feedback, and negative feedback) (even if one order contains multiple goods).
3) As to seller rating by category, if a buyer provides a seller with several feedback records on one aspect of an Item as described, Communication, and Shipping speed in the same ten days (the ten days refers to the first day to the 10th day of a month in US time, or the 11th day to the 20th day, or the 21st day to the 31st day), the seller receives only one record. The average score of this record in the ten days = The buyer’s total score in one aspect/The number of rating times (The result is the nearest whole number.)
4) In the following three circumstances, regardless of whether the buyers leave a positive or negative feedback record, the feedback records are not counted when the system calculates the positive feedback ratings and the feedback score, only customer comments will be displayed:
a. The turnover of an order is less than US$5; (The turnover is the amount paid by the buyers deducted by the amount of refunds happened in the progress of an order (but not the after-sales refund).)
b. Buyers submit the application to claim that they have not received goods, or returns that happened during disputes, and the buyers did not initiate cancellation of the application before disputes proceeded to the platform for a decision.
c. Special goods including shipping costs, gifts, deposits, special links for bills, and pre-orders (the “black five” in short)
The system will calculate the positive feedback ratings and feedback score for all goods and the sellers except for the three preceding circumstances. Regardless of how much an order is, the system adds one point to the total feedback score for a positive feedback record, the system deducts one point from the total feedback score for a negative feedback record, and the system does not add any point to or deduct any point from the total feedback score for a general feedback record.
5) The seller’s total feedback score decides the seller’s credit level and the shop’s symbol that corresponds to the credit level. The corresponding relationship between symbols and credit scores are as follows:

4.6.5 One feedback file comprises a recent feedback summary (the members’ company name, positive feedback ratings in the most recent 6 months, the number of feedback records in the most recent 6 months, the credit level, and the membership start date), a feedback history (indexes including the positive feedback ratings, the general feedback ratings, the negative feedback ratings, the number of feedback records, and the average rate in the past one month, 3 months, 6 months, 12 months, and those accumulated over a longer period of time), and the feedback records (all feedback records received and provided by members and the feedback records received and provided in a specified period).
Positive feedback ratings = The number of positive feedback records in the most recent 6 months/The total number of positive and negative feedback records in the most recent 6 months
Negative feedback ratings = The number of negative feedback records in the most recent 6 months/The total number of positive and negative feedback records in the most recent 6 months
The average rate = The total rating scores of all feedback records/The total number of feedback records
The average score in each aspect of seller ratings by category = The total score in this aspect made by the buyers/The number of feedback times (The result is the nearest whole number)

4.6.6 As to credit feedback, when the buyers and the sellers receive negative feedback, they can post replies and explanations.

4.6.7 AliExpress has the right to delete any comments containing personal attacks or other inappropriate comments. If the platform deletes the buyers’ credit feedback, the record of the seller’s rating by category corresponding to this credit feedback record is also deleted.

4.6.8 AliExpress reserves the right to change the credit feedback system, including how to provide feedback, how to calculate the feedback ratings and other ratings and scores.

4.7 Payment Transfer

To guarantee transaction security on the platform and protect the legal rights of both the buyers and the sellers, as stated in the related agreements and rules, AliExpress and its affiliates have the right to decide when to transfer the payment that is made for orders on the platform and issue the payment transfer rules considering the buyers’ requirements, risk evaluations, and other actual conditions.

1. Transfer time
1) AliExpress will transfer the payment of orders based on an evaluation of the sellers’ comprehensive operation performances (such as positive feedback rates, payment rejection rates, refunds rates):

a. The payment is transferred after the buyer protection period ends;
b. If a seller’s account is closed, and the seller has not violated any regulations or agreements, the payment is transferred 180 days after orders are shipped.
2) If there is concrete evidence to convince AliExpress that the orders or the sellers are at risks of disputes, payment rejection, or fraud, the platform has the right to delay the payment transfer and handle the payment of the order regarding the actual situation.

2. Transfer method

Account State

Payment Transfer Rules

Enabled

After the buyer protection period

100%

Expiration of the buyer protection period: Time when the buyer confirms the receipt of goods or 15 days after buyer confirmation timeout

Closed

180 days after shipping

100%

None

4.8 Search Ranking Rules

4.8.1 The order on the AliExpress search engine result page is influenced by many factors, including the quality of product descriptions, the correlation between the goods and the search, the conversion rate of goods, the customer service performance of the sellers, and the occurrence of search cheats.

Explanation

1. How to rank the goods among the top?

First, make sure the listed goods are described as is and the description is complete and accurate; second, if the goods and the searches or browsed categories are correlated, the platform’s search ranking system will rank the goods through an algorithm considering the conversion rate of goods and the customer service performance of the sellers. That means, the goods have high conversion rates and the sellers have good customer service performance will be ranked among the top; otherwise, the goods will be ranked among the bottom.

2. What are the rules about “replacing goods”?

“Replacing goods” means modifying the goods that have existing sales records, so as to list different goods. This behavior includes but is not limited to changing the pictures, titles, prices, keywords, and categories of the goods. If the sellers only add supplements to the original goods or optimize the information, the system will not regard the behavior as “replacing goods”. If the sellers “replace goods”, AliExpress will remove all sales records of the original goods. AliExpress reserves the right to impose penalties on the sellers if the behavior of “replacing goods” leads to severe consequences

Chapter 5 Seller Recruitment Standards

2017 AliExpress Category-specific Seller Recruitment and Operation Assessment Rules

Chapter 6 Promotional Activities

6.1 Promotional Campaigns

To promote the growth of sellers and increase trading opportunities, sellers shall comply with the following rules during regular or irregular promotional campaigns organized on the platform and during independent promotional campaigns conducted by sellers:

6.1.1 Sellers can apply to take part in promotional campaigns organized by AliExpress only when transactions conducted by sellers on AliExpress meet the following conditions:
(1) For sellers with transaction records:
1. Positive feedback rate ≥ 90%
2. Other conditions set by AliExpress for specific promotional campaigns
Remarks: The preceding positive feedback rate may be adjusted as appropriate for categories, specific campaigns, or force majeure events.
(2) For sellers without transaction records: seller admission criteria formulated by AliExpress based on actual campaign needs and commodity features

6.1.2 During promotional campaigns, sellers shall comply with national laws, regulations, and policies, and AliExpress rules. Sellers shall not cause any suspected damage to legitimate rights and interests of consumers, AliExpress, and any third party, or commit any suspected violation of relevant laws and regulations.

6.1.3 If any seller violates these rules during promotional campaigns, AliExpress is entitled to forbid or restrict sellers to participate in various campaigns on AliExpress based on the severity of the violations. AliExpress is also entitled to freeze, close, or take other restrictive measures on sellers’ accounts. Specific provisions are as follows:

Violation

Definition

Enforcement Action

Selling infringing products

During promotional campaigns, sellers sell products in violation of Article 7.2 such as counterfeit and pirated products or other infringing products.

Cancel the right to participate in the current campaign and take enforcement actions in accordance with AliExpress rules.

Breaking promotional promises

During the period from signing up to participate in a promotional campaign to the end of the campaign, sellers request withdrawing from the promotional campaign or decreasing the promotion inventory, improving the discount, product price, and logistics price, and modifying the product description.

Cancel the right to participate in the current campaign, prohibit sellers from participating in promotional campaigns for three to nine months based on the severity, and take enforcement actions in accordance with relevant AliExpress rules.

Sale at a higher price

After a buyer places an order, the seller unilaterally raises the product and shipping prices without permission from the buyer.

Cancel the right to participate in the current campaign, prohibit sellers from participating in promotional campaigns for three to nine months based on the severity, and take enforcement actions in accordance with relevant AliExpress rules.

Failure to deliver products after a transaction is concluded

After buyers place orders, sellers refuse to deliver products.

Prohibit sellers from participating in promotional campaigns for six months based on the severity.

Tying sale

During promotional campaigns, buyers, before buying promotion items, must buy other products or services as unilaterally required by sellers.

Prohibit sellers from participating in promotional campaigns for 12 months and take enforcement actions in accordance with relevant AliExpress rules.

Profiteering

Refers to the act of sellers making a profit by improper means, including:
(1) Provide AliExpress staff and/or affiliated people with property, spending, hospitality, or business opportunities;
(2) Obtain illegitimate benefits from AliExpress staff by other means.

Carry out enforcement actions based on profiteering rules and close sellers’ stores.

For violations committed by sellers during AliExpress campaigns and independent promotional campaigns conducted by sellers, AliExpress is entitled to handle the violations based on campaign rules or the actual situation.

6.1.4 If sellers’ acts during promotional campaigns violate other provisions of these Rules or rules of other websites, sellers will be punished according to relevant rules.

6.1.5AliExpress reserves the right to change promotional campaign rules and publish separate rules based on specific promotional campaigns.

6.1.6 If sellers are unable to participate in promotional campaigns because of some force majeure events (such as earthquakes or floods), AliExpress will handle these circumstances specially based on the actual situation after verification.

6.1.7 Group buying campaign rules shall comply with promotional campaign rules and group buying rules.

Chapter 7 Violations and Penalties

7.1 Violation Handling

7.1.1 Types of Violations
1) Based on the violation nature, AliExpress classifies violations Intellectual property rights (IPR) prohibited product violations、trade rules violations、Product listing quality violations and serious IPR infringements. Accordingly, four demerit point systems have been established. Penalty points incurred shall be accumulated separately according to the types of violations.
Intellectual property rights (IPR) and prohibited product violations : common IPR infringements and illegal product posting acts such as posting prohibited and restricted items. If cumulative penalty points of an account reach 48, the account will be closed.
Serious IPR infringements:Accounts of a merchant who has committed three serious IPR infringements will be closed. (If the infringement violation is particularly serious, the merchant’s accounts will be closed immediately.)
Transaction and other violations:Transactions or activities that violate the Trade Rules. If cumulative penalty points of an account reach 48, the account will be closed.
Product listing quality violations: Violations that do not fall into the above categories such as duplicate listings, deceptive listing of products under an incorrect product category and deceptive use of incorrect measurement unit.If cumulative penalty points of an account reach 12 or are a multiple of 12 points, the account will be suspend.
2)All the above three types of violations are subject to the penalty points system. Penalty points shall be recorded on a rolling basis for a 365-day period.For example, if six points were deducted at 12:00 on February 1, 2013, they were cleared at 12:00 on February 1, 2014.

7.2 IPR Protection and Product Listing Policies

7.2.1 Product Listing Rules
see the AliExpress Product Listing Policy.

7.2.2 IPR Rules

AliExpress users must not post and sell products involving third-party IPRs without authorization.
IPR infringements include but are not limited to the following.

Infringement Type

Definitions

Trademark infringement

Use of an identical or similar trademark on identical or similar products without permission from the rights holder of a registered trademark, and other violations of legitimate rights and interests of the rights holder as stipulated in laws.

Patent infringement

Commission of a prohibited act with respect to a legally protected valid patent for production and operation purposes without permission from the patent holder.

Copyright infringement

Use of works or the exercise of the copyright holder’s exclusive rights without permission from the copyright holder and in the absence of a legal basis, and other violations of the copyright holder’s legitimate rights and interests as stipulated in laws.

The Intellectual Property Rights (IPR) Protection Policy

Types of IPR Infringements

Types of Infringements

Penalty

Trademark rights Infringement

Serious violation: Unauthorized use of a mark that is identical or similar to the trademark in relation to products that are identical to the products that the registration covers.

1) Membership termination upon three violations;

2) Immediate membership termination in case of very serious violation.

General violation: Other circumstances of trademark rights infringement.

1) No penalty point incurred for the first violation;

2) 6 penalty points incurred for each repeat violation;

3) 48 penalty points cumulatively incurred results in membership termination.

Copyrights Infringement

Serious violation: Offer or sale of printed matter, audio and video recordings, or software without permission of copyright owner.

1) Membership termination upon three violations;

2) Immediate membership termination in case of very serious violation.

General violation: Other circumstances of copyright infringement.

1) No penalty point incurred for the first violation;

2) 6 penalty points incurred for each repeat violation;

3) 48 penalty points cumulatively incurred results in membership termination.

Patent rights

Infringement

Design, utility model, and invention patent rights infringements

(General or serious violation would be determined on a case-by-case basis).

1) No penalty point incurred for the first violation;

2) 6 penalty points incurred for each repeat violation;

3) 48 penalty points cumulatively incurred results in membership termination.

(Membership termination upon three violations in case of serious violation.)

Note:
1. Applicable enforcement actions shall be imposed in accordance with the product listing status as at the time when the complaint filed by rights holder is processed or when random check is being conducted.
2. All of general violations including rights holders’ complaints and random checks by AliExpress within a day shall incur no more than 6 penalty points.
3. All of serious violations including rights holders’ complaints and random checks by AliExpress within a day shall be counted as one serious violation only. Membership will be terminated upon a total of three serious violations regardless of type of IPR infringement involved.
4. Penalties include but not limited to rejection/removal of product listings.
5. All violations shall be recorded for 365 days from the date of penalty imposed.
6. The funds within the corresponding AliPay accounts shall be frozen upon termination of membership accounts when the members are suspected of very serious violation, as one of the purposes is to protect consumers or rights holders’ legitimate rights when they enforce their remedial rights such as raising complaints or litigation.
7. In case where members are targeted or investigated by judiciary/enforcement authorities with respect to suspected infringements, AliExpress has the rights to cooperate with judiciary/enforcement authorities to intervene members’ accounts, including but not limited to termination of membership accounts and any and all accounts determined to be related to such account by AliExpress in its discretion, freezing of the funds within the corresponding AliPay accounts and/or other measures that AliExpress considers appropriate, until the cases are closed and/or as considered appropriate by AliExpress.
8. AliExpress reserves the rights of final interpretation and decision and all relevant rights thereof.

2、Interpretation
What is “very serious violation”?
“Very serious violation” means offering or sale of merchandise that results in greater impact on any factor such as product attribute, origin, sales scale, influence, damage, or constitutes other serious types of infringements (such as listing suspected infringing product under an incorrect product category, use of trademark variant, block of trademark from display or trademark free-riding). AliExpress reserves the rights of final interpretation and decision.

3、AliExpress expects members to:
-Respect intellectual property rights of others;
-Develop and promote own brands;
-List branded products only after our verification of relevant supporting documents.

7.3 Transaction and Other Violations

7.3.1 Transaction Violations

1)Falsified Delivery

Scope of Application:

In order to the healthy market order of the platform, cease falsified delivery and improve the experiences of the members, we hereby formulate these Rules.

Definition:

“Falsified Delivery” means that during the prescribed delivery period, the cargo waybill number filled in by the seller is invalid, or although the said number is valid, it is obviously unrelated to the transaction under the order, which would misguide the buyer or Aliexpress. For example, to evade punishment for “Closing but not Selling”, fill in an invalid cargo waybill number or a cargo waybill number which is obviously unrelated to the transaction under the order.

“The cargo waybill number is invalid” means that the cargo waybill number does not exist. (Including the use of unregistered small package results in the non-traceability of the logistics information.)

“Although the said number is valid, it is obviously unrelated to the transaction under the order” means that although the cargo waybill number exists, it is inconsistent with the time of placing the order (for example, the receiving time is obviously earlier than the time of placing the order), or the shipping address is obviously different from the address provided by the buyer (for example, the shipping address and the address of the receiver are not in the same country).

Classification:

Falsified delivery is divided into common non-compliance falsified delivery and serious non-compliance falsified delivery depending on seriousness

Serious non-compliance falsified delivery includes but without limitation to:

(1) Falsified delivery involves order of large amount;

(2)Without factual transaction under an order, the buyer and the seller collude viciously to deliver goods falsely and misguide Aliexpress to make payment instruction; and

(3)Engage in common non-compliance falsified delivery repeatedly.

Punishment:

Non-compliance

Punishment

Common non-compliance falsified delivery

Freeze account for seven days

Serious non-compliance falsified delivery

Freeze account for thirty days or close account

Explanations: Aliexpress will determine whether to close account or not based on the seriousness of the non-compliance of the seller. Meanwhile, if a seller is held as engaging in falsified delivery, regardless of common or serious non-compliance falsified delivery, Aliexpress will close the order immediately and return the payment under the order to the buyer, all liabilities resulting therefrom shall be borne by the seller.

2) Shill Purchases policy

Shill purchases means purchasing items with the sole intent to increase seller’s page/product ranking. Shill purchase is prohibited and this prohibition applies to anyone, including family, friends, employees, and online connections.

3) Seduction of early receipt: It means that the seller seduces the buyer to acknowledge the receipt of goods early than the real receipt.

4) Serious product inconsistency: Products are inconsistent with those described or promised by sellers upon the conclusion of transactions in terms of the category, parameters, material, and specifications.
Serious product inconsistencies include but are not limited to:
a. Empty parcels are sent to buyers.
b. When ordered products are electronic storage devices, the product capacity is inconsistent with the product description or commitment.
c. When ordered products are computer hardware, the product configuration is inconsistent with the product description or commitment.
d. Ordered products and delivered products fall in different categories and greatly differ in their value.

5)Malicious harassment means that sellers harass members through malicious means and offend the legitimate rights and interests of others, such as requiring buyers to give favorable comments or abusing buyers for reasons such as disputes. Malicious harassment includes but is not limited to frequently contacting others by phone, SMS, Alitalk, email, and other means and other behaviors that affect the normal lives of others.

6) Illegal benefits means that sellers violate the AliExpress Rules and are suspected of infringing on the property rights or other legitimate rights and interests of others and AliExpress, including but not limited to: (1) Receiving transaction payments by posting or providing a lot of product, service, or logistics information that is false or seriously inconsistent with that promised;
(2) Inducing counterparties in transactions to violate the normal transaction process of AliExpress and obtain improper benefits therefrom;
(3) Sending phishing links or Trojan virus information to defraud others of property;
(4) Cheating AliExpress out of coupons, cash deposits, and compensation funds through illegal means;
(5) Cheating under the guise of names of AliExpress and its affiliates’ staff or customer service personnel of AliExpress stores;
(6) Cheating others out of property through third-party accounts;
(7) Violating the AliExpress Rules and obtaining illegal benefits by other means.

7) Serious disturbance of the platform order refers to the act of disturbing platform management, seriously disturbing the platform order, and damaging legitimate rights and interests of other users or the platform, including but not limited to:
(1) Acts of maliciously evading the Platform Rules or supervision measures;
(2) Acts of disturbing other users’ normal transactions through malicious violations or other means;
(3) Acts that cause a seriously adverse shopping experience for buyers and have a bad influence on the AliExpress business environment;
(4) Other acts that seriously disturb the platform order.

8) Unfair competition: including:
1. Improper use of rights of others. a. Sellers improperly use store or domain names of others in posted product information or store or domain names.
b. Product information posted by sellers or other information used by sellers causes misunderstandings and confusion to consumers.
2. Sellers maliciously place orders with, evaluate, and complain about other sellers through their own or other member accounts, affecting the reputation and normal operation of other sellers.

9) Disobeying commitment: it means that the seller fails to provide service for the buyer as committed and, thus, impairing proper rights and interests of the buyer

Definition

“Disobeying commitment” means that a seller fails to provide services to the buyers according to the following commitments and damages the legitimate rights and benefits of the buyers:

1Commitments on transaction and after-sales services, including but without limitation to:

a) The seller refuses to make transaction according to the price auctioned by the buyer (unless otherwise agreed by both parties), or the seller promises to make discount but fails to do so;

b) The seller promises to present or give gifts or invoices or any other articles to the buyer but fails to do so;

c) The seller promises to provide such after-sales services as rejection or replacement of goods as well as repairing, but fails to do so.

2 Commitments on logistics, including but without limitation to:

a) The seller promises to be free of carriage, but fails to do so;

b) The seller promises to use, or agrees with the buyer to use, specific means of delivery, logistics company or express delivery company, but fails to do so;

c) The seller promises to assume carriage arising out of rejection of goods, but fails to do so.

3 Disobeying given rules or requirements of Aliexpress, including but without limitation to:

a) Aliexpress requires that the seller and the buyer must engage in transaction online, but the seller solicits the buyer in various ways to make payment and transaction through any channel other than Aliexpress;

b) The seller participates in an official event of Aliexpress, but fails to provide services according to the requirements of the event (except the time of delivery).

4 The seller disobeys any other commitment made by itself.

Punishment

Based on the degree of seriousness, disobeying commitment is divided into common non-compliance disobeying commitment and serious non-compliance disobeying commitment.

Serious non-compliance disobeying commitment includes but without limitation to:

(1) Affect the shopping experiences of the buyer seriously;

(2) The seller makes false statement or provides false certificates in the process of investigation by Aliexpress;

(3) The seller refuses to accept reminder or correction demand of Aliexpress and breaches Rules knowingly.

Non-compliance

Punishment

Common non-compliance disobeying commitment

Give warning, relevant commodities are removed from the shelf

Serious non-compliance disobeying commitment

Freeze account for seven days, or close account directly if the circumstance is very serious

10) Induced advance confirmation of receipt means that a seller induces buyers to confirm the receipt of goods before the goods are actually received and that a seller has violated the AliExpress Rules and is suspected of infringing on the property rights or other legitimate rights and interests of others and AliExpress, including but not limited to: During transactions, a seller induces buyers to violate the normal transaction process of AliExpress and obtains improper benefits therefrom.

11) Induction of offline transactions refers to the act of inducing buyers to conduct offline transactions, which damages the legitimate rights and interests of buyers and AliExpress.

12) Seriously malicious fire sale prices in stores mean that sellers post numerous products at low prices that greatly deviate from normal sale prices in stores to attract buyers’ attention upon the default and price-based sorting and obtain exposure opportunities and orders through fraudulent means, causing a bad influence.

7.3.2 Enforcement Actions against Transaction Violations

Violation Type

Enforcement Action

Falsified Delivery

Common fraudulent delivery violation: 2 penalty points/violation
Serious fraudulent delivery violation: 12 penalty points/violation
(Note: AliExpress will make decisions based on the severity of violations committed by sellers. If a violation is particularly serious, AliExpress will deduct 48 points. Moreover, if AliExpress confirms that a seller has made a fraudulent delivery, AliExpress will immediately close the corresponding order and refund the payment to the buyer, regardless of whether the fraudulent delivery is a common or serious violation. All liabilities incurred therefrom shall be borne by the seller.)

Shill Purchases policy

1. If AliExpress confirms that a seller’s acts have constituted credit and sales volume hype, AliExpress will delete the seller’s credit points and sales volume records in connection with the acts, perform refund operations for orders involving credit and sales volume hype, and issue penalty points based on the severity of violations as follows:
Common: 6 penalty points/violation
Moderate: 12 penalty points/violation
Serious: 24 penalty points/violation
Particularly serious: 48 penalty points/violation
2. If AliExpress confirms that the seller’s acts have constituted serious credit and sales volume hype for a second time, AliExpress will terminate the membership with the seller.

Seduction of early receipt

Common violation: 2 penalty points/violation
Serious violation: 12 penalty points/violation
Particularly serious violation: Deduct 48 points from the corresponding account or terminate the membership.

Serious product inconsistency

1. If a particularly serious product inconsistency is confirmed, deduct 48 points or close the account.
2. Common product inconsistency: 2 penalty points/common violation; 12 penalty points/serious violation
(Note: AliExpress will make decisions based on the severity of violations committed by a seller. If the violation is particularly serious, AliExpress will directly deduct 48 points or close the seller’s account.)

Malicious harassment

Common: 2 penalty points/violation
Serious: 12 penalty points/violation
Particularly serious: 48 penalty points/violation

Illegal benefits

48 points/violation or direct termination of the membership

Serious disturbance of the platform order

Common: 2 penalty points/violation
Serious: 12 penalty points/violation
Particularly serious: 48 penalty points/violation

Unfair competition

Common: 1 penalty point/violation; make corrections within a specified period
Serious: 3 penalty points/violation
Particularly serious: 48 penalty points/violation

Disobeying commitment

Common: 1 penalty point/violation; delist the corresponding products
Serious: 3 penalty points/violation
Particularly serious: 48 penalty points/violation

Extremely low price in stores

Common violation: 2 penalty points/violation
Serious violation: 12 penalty points/violation
Particularly serious violation: Deduct 48 points from the corresponding account or terminate the membership.

Induction of offline transactions

Common violation: 2 penalty points/violation
Serious violation: 12 penalty points/violation
Particularly serious violation: Deduct 48 points from the corresponding account or terminate the membership.

7.4 Product listing quality violations

Commodity posting violations such as search cheating and complaints about unauthorized image use
7.4.1 Search Cheating

1. Miscategorization refers to an inconsistency between the actual category and the selected category of posted products.

2. Attribute inconsistency refers to an inconsistency between the actual attribute and selected attribute of a product, even though users correctly select the product category upon posting.

3. Keyword stuffing in titles refers to the use of keywords in the product title many times.

4. Misplacement of special items (shipping charge difference, giveaway, down payment, account settlement dedicated link, and pre-sale item) refers to the case where the shipping charges set in an order link are lower than the actual shipping charges.

5. Title category inconsistency refers to an inconsistency between the product categories or some keywords in the title and those of the products actually sold.

6. Measurement unit trick refers to the act of setting the unit of measurement to a unit that is obviously inconsistent with the regular product sales mode or the act of calculating the packaging materials in the title or description as the sales quantity and distributing the product price to the packaging materials, which misleads buyers.

7. Malicious Low Price means that a seller posts a product at a low price that greatly deviates from the normal sale price to attract buyers’ attention upon the default and price-based sorting to obtain exposure opportunities.

8. Overpricing means that a seller posts product at a high price that greatly deviates from the normal sale price to attract buyers’ attention upon the default and price-based sorting to obtain exposure opportunities.

9.SKU trick means that a seller intentionally evades product SKU setting rules and abuses product attributes (such as packages and accessories) to set a fire sale price or untrue price so as to rank products higher or that a seller places different products in the same product attribute selection area.

10. Shipping charge inconsistency means that the shipping charges set by the seller in the title and shipping charge template are lower than the actual shipping charges.

11. Replacing productsrefers to the act of posting products (including product upgrades and new products, which should be reposted) by modifying information such as the title, price, image, category, and details about the original product, which misleads buyers during shopping. However, if the original product information is only supplemented and corrected without replacing the product, such modifications shall not be deemed as an act of replacing products.

12. Shill purchase means purchasing items with the sole intent to increase seller’s page/product ranking. Shill purchase is prohibited and this prohibition applies to anyone, including family, friends, employees, and online connections. which causes unfair competition to sellers with normal operations, misleads overseas buyers upon shopping, and seriously disturbs the market order.

13. Duplicate listings policy The duplicate listings policy is designed to help you list in a way that makes it easy for buyers to find and compare items that interest them.You can’t have more than one fixed price listing of an identical item at the same time.

14. Describe discrepancy: index, pictures, attributes, obvious discrepancy between the information including a detailed description.

7.4.2 Other Product Posting Violations

(I) Containing contact information

Any field or image must not contain any contact information such as the email, QQ, ICQ, MSN, or Skype address. Moreover, a description must not contain non-AliExpress website links.

(II) Other improper posting acts

Products, store titles, or descriptions contain illegal (offensive, blasphemous, and false) or immoral text and images, or information is irrelevant to the posted product, is suggestive, or is expressed in improper language. Examples are as follows:

1. Posting non-English information

2. Incorrect information type setting, for example, mixing the purchasing request information with sales information

3. Posting non-commercial information such as a simple display of factories and workshops, job hunting, marriage seeking, complaints, and seeking medical attention

4. Improper use of third-party software to post products

5. Other improper posting acts by false and maliciously evasive means

(III) Complaints about unauthorized image use

Photographic works infringement complaints, simply called complaints about unauthorized image use, refer to the act of displaying photographic works of third parties as one’s own product images without permission from the third parties. For the first complaint, no penalty points will be deducted. Normally, six penalty points are deducted for each complaint. If several complaints are made within five days after the first complaint (impunity period), the points will be deducted only once. If multiple complaints are verified within a day after the impunity period, six penalty points will be deducted one time. The impunity period is subject to the date when the first complaint is settled.

(IV) Complaints about unauthorized use of watermarked images

A seller improperly uses watermarked images of third parties in posted product information or store and domain names, or product information posted or other information used by sellers leads to consumer misunderstandings and confusion.

For the first complaint, no penalty points will be deducted. Normally, six penalty points are deducted for each complaint. If several complaints are made within five days after the first complaint (impunity period), the points will be deducted only once. If multiple complaints are verified within a day after the impunity period, six penalty points are deducted one time. The impunity period is subject to the date when the first complaint is settled.

(V) Posting unauthorized products

Posting unauthorized commodities (commonly known as selling product B while displaying product A) means that sellers post or sell products of brands that are not approved by AliExpress on the AliExpress platform. Before posting any product information about brands on AliExpress, sellers shall click here to apply for brand qualifications and obtain approval.

Posting unauthorized products includes but is not limited to:

1) Sellers post and sell products of brand A before completing the application for trademark qualifications for brand A.

2) Sellers have only applied for brand A, but have actually posted or sold products of brands A and B or brand C or non-brand products. (If sellers have applied for brand A, they shall post and sell products of brand A.)

3) Sellers have only applied for brand A, but have actually posted or sold products of brand B.

7.4.2 Enforcement Actions against Product Posting Violations

(I) Search cheating

Violation Type

Enforcement Action

Miscategorization

1. Lower the search ranking position or delist products in violation.
2. The system will display products involved in search cheating under Product Management>Product Diagnosis after verification and will request sellers to make corrections. Six violations (miscategorization, attribute inconsistency, repeated product listing, shipping charge inconsistency, title category inconsistency, and keyword stuffing in titles) displayed in product diagnosis statistics are incorporated into the penalty point system for product information quality non-compliance. Penalty points are deducted automatically based on the quantity of products in violation.
1 ≤ Quantity of products in violation < 50: no penalty points deducted
50 ≤ Quantity of products in violation < 500: 0.2 penalty point/day
Quantity of products in violation ≥ 500: 0.5 penalty point/day
3. In addition to the penalty points deducted automatically by the system, the search ranking position of the store in violation is lowered or products of the store are blocked in search results based on the severity of search cheating. Moreover, for particularly serious violations, AliExpress reserves the right to deduct penalty points and freeze or directly close the corresponding account based on the rules for enforcement actions against serious disturbance of the market order.
Note: In cases of replacing products, AliExpress will clear all sales volume records about products in violation in addition to regular penalties.

Attribute inconsistency

Keyword stuffing in titles

Misplacement of special items

Repeated product listing

Advertised item

Description inconsistency

Measurement unit trick

Malicious Low Price

Overpricing

Shipping charge inconsistency

Replacing commodities

SKU trick

Title category inconsistency

Shill purchase

(II) Other commodity posting violations

Violation Type

Enforcement Action

Containing contact information

1. Return or delete product information.
2. AliExpress will give the first-time offender a warning. In case of a large amount of product information in violation or for repeat offenders, AliExpress reserves the right to deduct penalty points and impose penalties on the corresponding account based on the severity of the violations.

Violations of product posting standards for specific categories

1. Return or delete product information.
2. AliExpress will give the first-time offender a warning. In case of a large amount of product information in violation or for repeat offenders, AliExpress reserves the right to deduct penalty points and impose penalties on the corresponding account based on the severity of the violations.
3. For orders in violation of product posting standards for specific categories, AliExpress will close the orders. If buyers have paid for the orders, payments shall be refunded to buyers in full, regardless of the logistics status, and sellers shall assume all liabilities.

Other improper posting acts

1. Return or delete product information.
2. AliExpress will give the first-time offender a warning. In case of a large amount of product information in violation or for repeat offenders, AliExpress reserves the right to deduct penalty points and impose penalties on the corresponding account based on the severity of the violations.
3. In the case of improper use of third-party software to post products, AliExpress will delist all commodities for the first-time offender. In the case of serious violations, AliExpress reserves the right to deduct penalty points and impose penalties on the corresponding account.

7.5 Violations and Enforcement Actions

7.5.1 AliExpress three penalty point system

Remarks:

1. If there is a concurrence of multiple penalties, the penalty period will be cumulative.

2. AliExpress reserves the right to impose penalties based on the severity of violations committed by sellers and sound judgment. In the case of serious violations, AliExpress reserves the right to terminate the membership.

3. Terminology

1) Product listing restriction refers to a punitive measure that prohibits AliExpress members from posting new products and editing commodity information.

2) Delisting refers to a punitive measure taken by AliExpress to remove the listing of its members’ products.

3) Lowering the search ranking position refers to a punitive measure that makes the ranking position of some or all products of a store lower than the original ranking position in search results.

4) Blocking refers to a punitive measure that makes all products of a seller available only in the seller’s store without being displayed on the search result pages in the frontend.

5) Account freezing refers to a punitive measure that delists all products on sale in the corresponding store and restricts posting of products.

6) Account closure refers to a punitive measure that deletes an AliExpress member’s account, delists all products on sale in the corresponding store, prohibits the posting of products, and forbids the member to create stores.

7) Termination of membership refers to the act of closing a seller’s account and reviewing and handling the remaining orders of the seller.

7.5.2Users’ violations are discovered through complaints from AliExpress members and rights holders or checks conducted by AliExpress.

7.5.3AliExpress does not accept any commitment or statement that is unilaterally made by sellers and conflicts with these Rules. Unless proof or judgments are incorrect, penalties for violations shall not be suspended or canceled.

7.5.4If accounts of sellers in violation are closed by AliExpress, AliExpress reserves the right to review and handle the sellers’ orders based on the severity. Moreover, AliExpress will handle the ongoing orders of the sellers as follows:

1. For orders that buyers have placed but not paid, close the orders.

2. For orders for which buyers have paid (under the risk control review) and sellers have not delivered products, close the orders and refund the payments in full to buyers. (Note: AliExpress checks whether sellers have filled in and submitted the waybill number on the platform. If yes, the sellers are deemed to have delivered products.)

3. For orders for which buyers have paid (after passing the risk control review) and sellers have not delivered products, freeze the orders and require sellers to provide the proof of delivery and certificate of incoming goods (some products also require relevant qualification certificates). If sellers cannot provide relevant supporting documents, close the orders and refund the payments in full to buyers. If sellers provide relevant supporting documents, unfreeze the orders and allow the orders to proceed according to a normal transaction process. (Note: AliExpress checks whether sellers have filled in and submitted the waybill number on the platform. If yes, the sellers are deemed to have delivered products.)

4. For orders for which sellers have delivered products and disputes have not arisen, freeze the orders and require sellers to provide the proof of delivery and certificate of incoming goods (some products also require relevant qualification certificates). If sellers cannot provide relevant supporting documents, close the orders and refund the payments in full to buyers. If sellers provide relevant supporting documents, unfreeze the orders and allow the orders to proceed according to a normal transaction process.

5. For disputed orders, sellers shall provide proof within the appeal period specified by AliExpress, and AliExpress will judge based on the proof provided by both sellers and buyers.

6. For successfully traded orders without payments transferred to the sellers, freeze payments for the orders and require sellers to provide the proof of delivery and certificate of incoming goods (some products also require relevant qualification certificates). If sellers cannot provide relevant supporting documents, refund the payments in full to buyers.

7. In other order-related cases, AliExpress will handle the orders at its discretion and make judgments after sellers provide relevant supporting documents.

8. If the members are suspected of registering or controlling and using other accounts on AliExpress, the preceding order handling methods are also applicable to the orders in connection with the associated accounts.

7.5.5 If the members are suspected of registering or controlling and using other accounts on AliExpress, AliExpress is entitled to freeze the said accounts and terminate the membership.

7.5.6 For sellers who have enabled AliExpress accounts, their AliExpress accounts will be frozen for six months if the sellers’ accounts are closed or their memberships are terminated by AliExpress. During the freezing period, capital in the sellers’ AliExpress accounts is also frozen, and the sellers cannot perform capital operations (for example, cashing out) on their AliExpress accounts.

1. If refunds, compensation, or other disputes do not arise during the freezing period, AliExpress will return capital (if any) in the AliExpress accounts to sellers and close the AliExpress accounts after the freezing period.

2. If refunds or compensation obligations of sellers arise due to disputes, banks’ refusal to pay, or other reasons during the freezing period, AliExpress will perform refund and compensation operations on capital in the sellers’ AliExpress account]. After the freezing period, AliExpress will return capital (if any) in the AliExpress accounts to the sellers and close the AliExpress accounts.

7.5.7 Sellers shall ensure that qualification certificates or appeal materials that they provide are authentic and legal. If sellers are suspected of obvious forgery or the said certificates or materials are certified by authorizers and authorities or other certification authorities as forgeries, AliExpress is entitled to take enforcement actions against the sellers’ accounts and even close the accounts and terminate the membership.

7.6 Profiteering

Profiteering is the act of members making a profit by improper means, including:

(1) Providing AliExpress staff and/or affiliated people with property, spending, hospitality, or business opportunities

(2) Obtaining illegitimate benefits from AliExpress staff by other means.

In a case of profiteering, a member’s store and affiliated stores will be permanently closed, and AliExpress will never provide the member with any products or services or accept any products or services from the member, regardless of whether the member has actually received benefits. If the member’s accounts on websites (including but not limited to 1688.com, Alibaba.com, Taobao.com, and Tmall.com) of AliExpress affiliates are closed for violations of profiteering terms of the aforementioned websites or other acts without good faith during the use of services provided by the said websites, AliExpress is entitled to close the AliExpress website accounts owned or actually controlled by the member.

If an Operations Service Provider (OSP) is alleged to be profiteering, AliExpress will never provide the OSP with any products or services or accept any products or services from the OSP. Other stores that the OSP is entrusted to operate shall operate by themselves or replace the OSP within three months after receiving a notice from AliExpress. If the stores fail to do so within the specified period, AliExpress will supervise the stores until they do so.
If a member who is alleged to be profiteering takes the initiative to report the violation and/or truthfully report the situation, AliExpress will, at its discretion, impose a lighter or lesser enforcement action.

From the day when an investigation against a member who is alleged to be profiteering commences, AliExpress will restrict the member’s store and affiliated stores from participating in marketing campaigns organized by AliExpress until the investigation is completed.

If a member unequivocally communicates a profiteering intention to AliExpress staff and/or affiliated people, or has engaged in profiteering, but due to reasons other than the member’s intention, the profiteering was unsuccessful, the member’s store will be permanently closed.

Any of the following will be deemed as profiteering:

(1) A member is an AliExpress employee. In this case, the member’s store will be directly closed.
(2) A member is an affiliated person of an AliExpress employee, and the AliExpress employee fails to truthfully report this in accordance with the Alibaba Group Code of Business Conduct and takes advantage of an AliExpress employee’s position. In this case, the member’s store will be directly closed.

Chapter 8 Seller Protection Policy

8.1 Background

Applicable scope:

The following policy is hereby formulated to provide a fair and secure trading environment for sellers and buyers, ensure that sellers can conduct business trustingly on AliExpress, and assist sellers in reducing the impact of uncontrollable factors:

8.2 Logistics

Orders with the online shipping service:

1. If the DSR shipping service indicators of an order are scored 1, 2, and 3 points respectively and “Submit Dispute”, “Initiate Arbitration”, and “Seller Responsibility Arbitration Rate” are involved because of logistics, AliExpress will exempt the order from liabilities for the preceding four indicators.
2. For disputes (for example, the address to which products have been delivered is incorrect, but the address filled in by a seller is correct) arising from logistics issues, sellers can initiate online shipping complaint.

Orders with the AliExpress shipping service:

1. If the DSR shipping service indicators of an order are scored 1, 2, and 3 points respectively and “Submit Dispute”, “Initiate Arbitration”, and “Seller Responsibility Arbitration Rate” are involved because of logistics, AliExpress will exempt the order from liabilities for the preceding four indicators.

2. For disputes arising from logistics issues, the platform directly verifies the logistics status and determines the responsibilities.

3. Refunds caused by disputes arising from logistics issues shall be borne by the platform (maximum compensation for standard shipping: RMB 800; maximum compensation for premium shipping: RMB 1200).

8.3 Force Majeure

For force majeure events (for example, Brazil’s massive strike from May to June 2014) that arise during trading, the platform will handle the events as follows:

1. For orders involving “failure to deliver products after a transaction is concluded”, “Initiate Arbitration”, and “Arbitrating Responsibility” arising from force majeure events, the platform comprehensively determines whether to count the orders in relevant indicators. The specific judgment and scope are subject to the platform announcement.

2. The platform will adjust the dispute resolution rules and timeliness accordingly. The specific judgment and time are subject to the platform announcement.

Chapter 9 Category Standards & Performance Criteria

ŸApparel Category Standards

Ÿ3C Digital Category Standards

Ÿ3C Digital Accessories Category Standards

ŸApparel Accessories Performance Criteria

Ÿ3C Digital Category Performance Criteria

ŸBags Shoes Performance Criteria

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