Before you apply to become an AliExpress seller and open the relevant categories of AliExpress (hereinafter referred to as "categories"), you should carefully read and abide by the entire content of this agreement. Please be sure to read carefully and fully understand the contents of each clause, including but not limited to clauses exempting or limiting AliExpress’s liability, clauses restricting your rights, dispute resolution, jurisdiction and applicable law clauses, etc.
If you have any questions about the terms of this agreement, please ask through the AliExpress customer service channel, and AliExpress will explain the terms to you. If you do not agree with any content of this agreement, or cannot accurately understand AliExpress' interpretation of the terms, please do not perform any subsequent operations. Otherwise, it means that the legal entity corresponding to the AliExpress account you use has accepted the terms and conditions described below and agrees to be bound by this agreement.
AliExpress Merchant Service Agreement
Effective date: January 1, 2022< /p>
This agreement is between the seller user (hereinafter referred to as "Party A", "seller" or "you") and Hangzhou Alibaba Advertising Co., Ltd., which provides you with platform technical services (hereinafter referred to as "Party B"), Alibaba (China) Network Technology Co., Ltd., Alibaba.com Singapore E-Commerce Private Limited (the above-mentioned collectively referred to as "Party C", Party B and Party C are also collectively referred to as "we" or "we" or "Party C") AliExpress") jointly concluded.
Article 1 Contract Background
1.1 To regulate sellers in various categories when operating in the category and accepting AliExpress services The purpose of business operations is to clarify the seller's rights and obligations, create a standardized and orderly transaction order, and protect the legitimate rights and interests of sellers and buyers. Both parties should abide by this agreement.
1.2 In addition to this agreement, you should also abide by the "Alibaba.com Free Membership Agreement" and "Alibaba.com Transaction Service Agreement" signed during account registration , "Terms of Use", "AliExpress (Chinese Sellers) Privacy Policy" and other agreements (hereinafter collectively referred to as the "Platform User Agreement").
Article 2 Definition
2.1 AliExpress platform: refers to the Internet information provided by AliExpress and its affiliated companies The e-commerce platform for services and related software and technical support, the website is www.aliexpress.com.
2.2 Category: Refers to the AliExpress platform dividing the platform into different business categories (including special categories) according to the needs of operation and risk control. Major categories (including special categories) implement investment promotion access according to their respective operating strategies and brand positioning. The details are subject to the investment promotion rules announced by the AliExpress platform. Each major business category implements independent investment promotion access.
2.3 Category service/service: refers to AliExpress provides you with various categories of business activities on the AliExpress platform in accordance with the platform user agreement and this agreement. Internet information publishing services and related technical services. Among them, Party B provides you with technical services related to Internet information services; Party C and AliExpress affiliates provide you with transaction-related technical services.
2.4 Service Opening: refers to the process in which AliExpress allows sellers to publish products in different categories, use category services, and notify sellers after approval .
2.5 Market management measures: In order to maintain the orderly operation of the AliExpress market, AliExpress takes measures against sellers’ breach of contract and regulations, including but not limited to the following Take measures such as deleting products from shelves, restricting product publishing rights, temporarily suspending category services, canceling, freezing accounts, closing accounts, and instructing Alipay to take restrictive measures on sellers’ international Alipay accounts.
2.6 Clearance process: refers to the seller’s application, AliExpress decision or other agreement termination conditions, the seller immediately enters the clearing process, and AliExpress will To terminate the provision of category services to sellers and take corresponding market management measures, sellers must complete corresponding obligations and deal with matters in accordance with this agreement or relevant rules; the clearance process is divided into category clearance and platform clearance.
2.7 "E-Commerce Law": refers to the "E-Commerce Law of the People's Republic of China" that came into effect on January 1, 2019, and its revisions from time to time.
2.8 "Measures for the Supervision and Administration of Online Transactions": Refers to the "Measures for the Supervision and Administration of Online Transactions" issued by the State Administration for Market Regulation and effective on May 1, 2021 " (Order No. 37 of the State Administration for Market Regulation), as amended from time to time.
Article 3 Effectiveness and Scope of the Agreement
3.1 You voluntarily apply to join the AliExpress platform to engage in cross-border trade services. Sellong will provide you with category services in accordance with the provisions of this agreement.
3.2 You click to confirm on the web page or choose to accept this agreement in other ways, including but not limited to joining the AliExpress category without clicking to confirm this agreement, Using category services (such as posting products, signing up for platform marketing activities, reaching online transactions, etc.), means that you agree to accept all the agreed content of this agreement.
3.3 The content of this agreement includes the text of the agreement, attachments, "AliExpress Platform Rules" ("Platform Rules") (link: https://sell. aliexpress.com/zh/__pc/rule_detail.htm), all kinds of rules, announcements, etc. that have been released or may be released in the future by all categories of AliExpress (hereinafter collectively referred to as "this agreement"). This agreement is binding as an integral part and supplement of the legal relationship between AliExpress and the seller.
3.4 AliExpress has the right to update and modify this agreement from time to time according to the needs of platform operations; or email to notify you. After the revised agreement is announced, it will take effect after a reasonable period of time stipulated by law and become a part of this agreement, which is binding on you. If you do not agree to the relevant changes, you should immediately stop using the category service; if you continue to use the category service, it is deemed that you have no objection to the revised agreement and agree to abide by it.
3.5 You understand and agree that signing this agreement does not necessarily mean that you will be allowed to open the seller category service. The product quality and brand attributes will be comprehensively reviewed, and whether to activate the service is subject to the AliExpress notification or the specific activation of relevant permissions.
3.6 This agreement takes effect from the date you sign it.
Article 4 Category service opening and deadline
4.1 Category service is fifteen (15 days after the following conditions are met) ) Open within working days:
4.1.1 The seller signs the platform user agreement and registers as an AliExpress member;
4.1.2 The seller agrees to accept this agreement;
4.1.3 The seller has truthfully submitted relevant information and materials according to the requirements of different categories, And be approved;
4.1.4 The seller signed this agreement, should have deposited a security deposit in accordance with Article 5.1, or provided a performance guarantee in accordance with Article 5.2; and
4.1.5 AliExpress sends a service activation notice to the seller.
4.2 AliExpress has the right to independently decide whether to approve your category service application based on comprehensive factors such as platform operation, industry development, and consumer interests. You agree that the relevant judgment basis of AliExpress belongs to AliExpress’ trade secrets, therefore, AliExpress does not need to explain the reasons for rejecting your application, and does not need to bear the responsibility. As one of the possible situations, if the platform identifies you or your actual controller, related party, or actual controller of the related party based on various information characteristics provided by the seller or independently identified when using other services of the platform, or using Alibaba Other services under the company have seriously affected the interests of consumers due to malicious sales of counterfeit products, speculation, fake qualifications, long-term sales of inferior products, low average DSR product description scores, high store dispute rates, and low praise rates, or through malicious complaints, etc. AliExpress has the right to prohibit sellers from accessing the platform and refuse to open category services to you if you are punished for specific serious violations or have seriously endangered transaction security.
Article 5 Deposit or performance bond
5.1 Deposit
5.1.1 In order to ensure that the seller abides by the platform user agreement, this seller agreement and the platform rules, maintain the healthy competition of the platform, and protect the interests of consumers, the seller agrees to set up a store according to the category (business category) of each store opened. A sum of funds shall be deposited within the period specified by the seller and frozen by the platform as a performance bond (“guarantee”) for the platform user agreement, this seller agreement and the platform rules.
Both parties agree that this agreement is a deposit pledge agreement, and the pledge deposit will be delivered from the moment the deposit deposited by the seller is frozen by the platform.
If the seller’s store is settled in multiple categories (business categories), if there is no other regulation in the platform rules, the seller should pay multiple fees for the store The amount in the category (business category) requires the highest margin. The specific amount of deposit for each category is stipulated by the platform rules.
5.1.2 In case of the following circumstances, AliExpress has the right to deduct the corresponding amount from the deposit:
1) According to the platform rules and platform user agreement, if the seller should pay liquidated damages to AliExpress, AliExpress has the right to claim liquidated damages;
2) If the seller violates applicable laws and regulations, platform rules, platform user agreement and/or the agreement between the seller and the buyer, the seller should refund the purchase price or make compensation to the buyer, but the seller fails to refund or make compensation within a reasonable time, Including but not limited to compensation to buyers due to order disputes, buyers applying for unreasonable refunds and complying with platform rules, etc., AliExpress has the right to claim the relevant compensation amount;
3) The seller violates applicable laws and regulations, platform rules, platform user agreement and/or the agreement between the seller and AliExpress, directly or indirectly causing losses to AliExpress (including causing cross-breach compensation, administrative penalties, and infringement judgments) , damage to goodwill, etc.), and the seller should compensate the loss to AliExpress, or pay liquidated damages, AliExpress has the right to claim the relevant loss; and
4) Other situations stipulated in platform rules and platform user agreements.
5) After AliExpress deducts the security deposit, it will notify the seller of the deduction reason and deduction amount by way of in-site letter, backstage business kanban display, etc.
6) The agency line platform will regularly evaluate the credit score of each merchant comprehensively, and those with excellent credit scores will get some rewards from the platform. If the credit score is deducted due to the behavior of the seller's store, it is necessary to wait for the credit score to be restored before handling settlement funds.
5.1.3 The security deposit should be deposited before the service authority of each category is opened.
If the deposit amount is less than the specified amount, the seller should make up for it within 15 days by depositing it into the company’s Alipay account. If the deposit is lower than a certain amount, AliExpress has the right to take restrictive measures against the seller, including but not limited to restricting the cash withdrawal function, removing store products, terminating category services, and terminating this agreement. The above amount is stipulated by the platform rules.
5.1.4 If you voluntarily close the store or account, be canceled by AliExpress, or have other termination conditions stipulated by the platform rules, and for three consecutive months When there are no unfinished transactions, any unfinished complaints, penalties or disputes (including but not limited to disputes or disputes with AliExpress, consumers or other third parties), AliExpress will Notify the Alipay entity (“Alipay”) to release the margin balance to your corporate Alipay account within two calendar days.
5.1.5 The seller authorizes Alipay to freeze the agreed margin funds in the Alipay account of the seller, and returns the balance of the margin to the seller according to the notice in Article 5.1.4.
5.1.6 The security deposit is for the purpose of guaranteeing the performance of the seller and does not generate interest. The seller has no right to claim any fruits of the deposit from the platform or Alipay during the deposit freeze period.
5.2 Performance Guarantee
5.2.1 In order to protect the interests of consumers and strengthen the seller The sellers who have passed the review will obtain the guarantee service provided by Zhejiang MYbank Co., Ltd. (hereinafter referred to as "Mybank") free of charge. Under the guarantee service, MYBank acts as a guarantor for the seller in accordance with the platform user agreement. , seller agreement and platform rules to provide a guarantee to AliExpress (“Performance Guarantee”) for the operation of AliExpress. Performance Guarantee Agreement", https://sell.aliexpress.com/zh/__pc/HzFSeGjp6X.htm). The upper limit of the performance guarantee is stipulated in the Performance Guarantee Agreement.
5.2.2 In order to enjoy the performance guarantee, the seller promises to strictly abide by the platform user agreement, seller agreement and platform rules. If MYbank fulfills its guarantee obligation to the AliExpress platform, MYBank has the right to recover according to law, and the seller will provide MYBank with complete compensation.
5.2.3 In order to enjoy the performance guarantee, according to the "Performance Guarantee Agreement", the seller should pay a fixed amount of deposit to MYbank ("Performance Guarantee Deposit") . The amount of the performance guarantee deposit is different according to the type of entry (business category), and is paid by the store, which is specifically stipulated in the "Performance Guarantee Agreement" and "Platform Rules". Performance commitmentThe security deposit shall be deposited by the seller through Alipay designated by the seller, and Alipay will transfer it to MYbank according to this agreement after deposit. For clarification, if the seller's store is located in multiple categories (business categories), unless otherwise stipulated, the seller shall pay the performance bond with the highest amount among the multiple categories (business categories) for the seller of the store.
5.2.4 In case of any of the following circumstances, AliExpress has the right to require the seller or MYbank to perform relevant responsibilities to AliExpress ("fulfillment of guarantee payment") :
1) According to the platform rules and platform user agreement, if the seller should pay liquidated damages to AliExpress, AliExpress has the right to pay the seller or MYbank Claim liquidated damages;
2) The seller violates the applicable laws and regulations, platform rules, platform user agreement and/or the agreement between the seller and the buyer, the seller shall pay the buyer If the seller fails to refund or make compensation within a reasonable time, including but not limited to compensation to the buyer due to order disputes, and the buyer applies for a refund without reason and complies with the platform rules, etc., AliExpress has the right to do so.
3) The seller violates applicable laws and regulations, platform rules, platform user agreement and/or the seller and AliExpress If the agreement directly or indirectly causes losses to AliExpress (including compensation for cross breach of contract, administrative punishment, judgment of infringement, damage to goodwill, etc.), and the seller should compensate for the loss or pay liquidated damages to AliExpress, AliExpress has the right to claim relevant losses from the seller or MYBank; and
4) Other situations stipulated in platform rules and platform user agreements.
5.2.5 After fulfilling the guarantee responsibility, MYBank has the right to deduct the payment to AliExpress from the performance guarantee deposit. After AliExpress has deducted the deposit, it will notify the seller of the deduction reason and deduction amount by way of in-site letter, back-end business kanban display, etc.
5.2.6 If the performance guarantee deposit is less than the agreed amount, the seller shall make up for it within 15 days by depositing the bonded Alipay account. If the performance guarantee deposit is lower than a certain amount, AliExpress has the right to take restrictive measures against the seller, including but not limited to restricting the cash withdrawal function, removing store products, terminating category services, and terminating this agreement. The above-mentioned amount threshold is stipulated by the platform rules.
5.2.7 If the seller voluntarily closes the store or account, is canceled by AliExpress or has other circumstances stipulated by the platform rules, and there is no In the event of unfinished transactions, any complaints, penalties or disputes that have not been processed (including but not limited to disputes or disputes with AliExpress, consumers, online merchant banks or other third parties), AliExpress will 30) Notify MYbank within natural days to return the balance of the performance guarantee deposit to the seller's corporate Alipay account.
5.2.8 The performance bond is for the purpose of guaranteeing the performance of the seller and does not generate interest. The seller has no right to claim any fruits from the platform, MYbank or Alipay during the freezing period of the performance guarantee deposit.
5.2.9 If the seller has been frozen in accordance with Article 5.1 before the seller passes the review and needs to pay the performance guarantee deposit to MYbank, the seller agrees and Authorize Alipay to unfreeze the deposit balance and transfer it to MYbank as a performance guarantee deposit. If the balance of the security deposit is less than the performance security deposit, the seller shall make up for it in accordance with Article 5.2.6.
Article 6 Commission and other service fees
6.1 Commission
6.1.1 Party C provides transaction technical services for online transactions of sellers and buyers in accordance with the platform user agreement. For this purpose, Party C will charge technical service fees for transactions reached by sellers in proportion or in other agreed ways according to the published charging standards ("commission"). The specific commission and collection shall be determined by Party C and you in accordance with the platform user agreement (especially the transaction service agreement). Among them, the transaction technical service fee commission related to other user orders shall be collected by Party B, and shall be charged by Party B, and shall not be related to the user orders of the Russian station market. The relevant transaction commission will be charged by Party B. The above-mentioned Russian market refers to Russia, Azerbaijan, Armenia, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Turkmenistan, Tajikistan and Uzbekistan.
6.1.2 You acknowledge and agree that AliExpress or Alipay does not have any control over the products or services paid for through our transaction services, and does not assume any responsibility. We cannot ensure that the buyer or seller with whom you are transacting will actually complete the transaction, nor that the products or services paid for through our transaction services will be faultless.
6.1.3 You acknowledge and agree that you shall be responsible for and pay the applicable taxes and fees related to the above commission and other service fees. Unless otherwise stated, the commission and other service fee payments actually payable by you do not include any taxes and fees that may be imposed by government agencies. If the amount you pay is subject to taxes and fees according to relevant regulations, the amount you should pay needs to be increased with the above taxes to ensure that AliExpress receives the full payment. "Tax" includes all federal, state, provincial, territorial, county, municipal, local or foreign taxes, including, but not limited to, sales, use, permit, excise, goods and services, value added, stamp duty or Transfer duties, export duties, import duties, surcharges, assessments, duties, charges, and taxes or charges of any nature which may be imposed, assessed, assessed or withheld and all interest, penalties, penalties or other additional charges .
6.2 Other service fees
6.2.1 When the buyer uses a currency other than the seller’s quotation When paying in the currency of the currency, AliExpress converts it into the payment currency of the buyer according to the exchange rate, and at the same time, it may appropriately adjust and optimize the sales price of the currency that the buyer of the product pays through technical means to facilitate the transaction (may fluctuate slightly upward or downward) . There will be no change to your payouts and commissions based on item offers. You understand and agree that this kind of technical adjustment will release and sell products at adjusted prices, and agree that the balance surplus generated by adjusting and optimizing the sales price of the buyer's payment currency will be charged by the platform as a technical service fee. The specific technical service fee is determined by the "Platform" Regulations. The platform reserves the right to adjust specific technical service fees from time to time. Conversely, AliExpress will subsidize the seller for free to ensure that the seller will not suffer any loss of payment due to the adjustment and optimization of the subsidy for the difference in the sales price of the currency that the buyer pays. You understand and agree that AliExpress does not guarantee that its technical means to adjust and optimize the sales price of products are flawless.
6.3 AliExpress related parties reserve the right to increase, cancel or modify any commissions and other service fees after a reasonable period of time after the announcement based on the relevant technical services provided. right.
6.4 In order to ensure the safety of funds and reduce exchange losses. You grant AliExpress the right to update the local currency code of the merchant store at any time at its sole discretion, and to require you to provide product prices in the currency corresponding to its local currency code. Correspondingly, the settlement of marketing, reverse and other related fees generated by your account will be adjusted according to the local currency code.
Article 7 AliExpress Obligations and Platform Control
7.1 AliExpress is obliged to maintain various The normal operation of the category service enables the business activities of the merchants in the added category to proceed smoothly. However, AliExpress can only provide technical services on the basis of "good faith", "existing technology", "as available" and "not guaranteed to be flawless", and AliExpress will not always provide timely, error-free, and flawless transaction services. makes no representations or warranties regarding interruptions or malfunctions, and assumes no responsibility for such problems.
7.2 In accordance with the "E-Commerce Law" and related laws and regulations, you should submit your identity, address, contact information, administrative license and other real information to AliExpress , AliExpress has the right to verify the authenticity of the information you provide. AliExpress reserves the right to display, verify, inspect or inquire about your market entity registration information, tax registration information and other relevant information; at the same time, you agree that the platform has the right to inquire about your tax-related information when the tax authorities require it to inquire about your tax-related information according to law. Send the relevant data to the relevant government regulatory authorities in the manner prescribed by law. If AliExpress believes that your market entity registration information, tax registration and other related information do not comply with relevant laws and regulations based on its own judgment, it has the right to ask you to make corrections within a reasonable period; if you cannot make corrections within a reasonable period, AliExpress has the right to The right to remove or delete store items, suspend your category permissions, freeze or close the store, and/or stop providing you with all services.
7.3 If the seller violates this agreement or the platform user agreement, or AliExpress has reason to suspect that any behavior or operation that the seller has engaged in or may engage in will violate this agreement or AliExpress has the right to implement market management measures against the seller’s account, store and other AliExpress accounts actually controlled by the seller if such violation damages the interests of the buyer or the platform. Specific market management measures include, but are not limited to, warnings, deducting points, suspending (freezing) or stopping (exiting) category services, freezing transaction services under seller accounts, etc.
7.4 In addition to the existing platform rules, AliExpress has the right to formulate and from time to time revise rules and regulations such as business management specifications for various categories to maintain various purposes working normally. AliExpress shall make an announcement within a reasonable time period before the above rules come into force or change. If you do not agree with the relevant rules or adjustments, you should immediately stop using the category service within the announcement period.
7.5 The types and quantities of products that can be published under each category. AliExpress shall publicize such adjustments within a reasonable time limit. If you do not agree to the relevant adjustments, you should immediately stop using the category service within the publicity period.
7.6 You understand that AliExpress cannot and will not conduct a prior review of the seller's transaction behavior on the AliExpress platform and other matters related to the transaction. However, if AliExpress has reason to suspect that the seller has engaged in or may engage in any behavior that violates this Agreement or the Platform User Agreement or damages the interests of the buyer or AliExpress during the transaction process, AliExpress has the right to review and require the seller to provide corresponding Proof materials, the seller should give reasonable cooperation. If the seller fails or refuses to provide proof materials, AliExpress has the right to implement market management measures against the seller’s account, store and other AliExpress accounts actually controlled by the seller, including but not limited to warning, point deduction, suspension (freezing) or Penalties for stopping (exiting) category services, freezing transaction services under the seller’s account, freezing account balance until order disputes are resolved, or closing the store.
7.7 In order to protect the transaction order of the platform and the interests of consumers, AliExpress has the right to check whether the goods sold (or to be sold) by the seller have a legal source of purchase, whether Occasional inspections are made for genuine products, including requiring sellers to provide corresponding certificates, inspecting related products by name or anonymously, and submitting products to a third party for inspection, etc. AliExpress has the right to independently judge the legal compliance of the product based on the product inspection results, and/or the materials and information you submit, and execute and process the product according to this agreement based on the relevant judgment. In this regard, merchants may raise objections to the inspection, random inspection and identification results of AliExpress or the third party hired by it and provide corresponding supporting materials, but AliExpress has the right to make the final judgment independently.
7.8 AliExpress has the right to seriously affect the buyer's experience based on the buyer's feedback (average score of DSR product description, store dispute rate, favorable rate, etc.). The seller's store implements market management measures in accordance with the platform rules, including but not limited to warnings, deducting points, suspending or stopping (permitted) category services, freezing transaction services under the seller's account, freezing account balances, canceling cash withdrawal functions, Penalties such as canceling or restricting early lending permissions, or closing stores.
7.9 AliExpress has the right to promulgate product quality control standards for various purposes according to the product quality standards of the place of production, sale, import or other regions, and According to these standards, the seller's product access and testing requirements are formulated.
7.10 You understand that if the relevant government regulatory department finds that the seller has violated the law and requires AliExpress to take measures to stop it according to law, AliExpress will cooperate and Take corresponding measures, including but not limited to providing relevant information and materials, implementing market management measures, etc.
7.11 In accordance with the "E-Commerce Law" and related laws and regulations, AliExpress will punish sellers for illegal activities in accordance with laws, regulations, rules or related agreements and transaction rules. If measures such as suspending or terminating services are taken, the seller has the right to publish information such as the name of the seller's online shop, illegal activities, and handling measures.
7.12 When a buyer or seller has a dispute, the seller should handle it in accordance with the relevant provisions of the platform user agreement. At the same time, without prejudice to the effectiveness of the platform user agreement, in order to improve the user experience, the platform and its affiliates provide sellers with agency services under specific buyer-seller disputes ("after-sales service"), that is, for the benefit of the seller, the platform or its affiliates Related party funds to indemnify buyers. The seller agrees that the agency service is a pure profit-making behavior, and the platform has absolute autonomy to decide whether, when, and in what way to perform to the seller, and has the right to modify the relevant rules of the after-sales treasure service in the platform rules from time to time by announcement. In order to avoid ambiguity, the aftersales service does not in any way exempt the seller from performing any obligations stipulated in the platform user agreement, this agreement and laws and regulations, including but not limited to intellectual property rights, flawless products, after-sales, consumer protection and other obligations and responsibility.
7.13 The seller understands that, according to the requirements of the relevant government regulatory authorities, AliExpress will report or provide relevant information of the seller according to law, including but not limited to:
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a The seller's identity information and other information, product or service information, payment records, logistics express, returns and after-sales and other transaction information;
b Information related to the seller's violation of laws and regulations, damage to national interests and social public interests, and violation of public order and good customs, and actively cooperate with relevant government supervision departments in terms of technology to carry out Monitoring of online transaction violations;
c Service price, sales volume, sales and other data informationinterest.
7.14 In accordance with the "E-Commerce Law" and relevant laws and regulations, AliExpress has the right to retain the identity information of sellers who withdraw from the platform, related product or service information and Transaction information such as payment records, logistics and express delivery, returns and exchanges, and after-sales services.
7.15 AliExpress has the right to use the information provided by the seller (including but not limited to company name, company unified social credit code, legal person name, platform registration Mobile phone number, etc.) to identify merchants operating on the AliExpress platform. If it is found that the number of operating stores exceeds the upper limit specified by the AliExpress platform, and there are feedbacks from buyers in other stores under the same company (the average score of DSR product descriptions, store disputes, etc.) rate, favorable rate, etc.) seriously affect the buyer experience, etc., the platform has the right to prohibit sellers from accessing the platform based on the characteristics of the information provided by the seller.
Article 8 Seller’s Promise and Guarantee
8.1 You agree to conclude this agreement and use category services and develop related categories The online transaction has legal, flawless rights and capacity to act, and does not violate any contract or commitment that is binding on you before the conclusion of this agreement.
8.2 The goods you sell or the services you provide should meet the requirements for personal and property safety and environmental protection, and abide by honesty and fair competition in business Principles, respect intellectual property rights, effectively protect the legitimate rights and interests of buyers, do not engage in any transactions that are false, untrue, violate public order and good customs, or disrupt the fair and honest market environment of AliExpress, including but not limited to accurately describing commodities and transaction information, not publishing, selling Counterfeit goods, parallel imports, pirated copies, and any goods that may infringe third-party intellectual property rights or legal rights, do not publish or sell goods that may have quality defects, do not publish goods in non-designated categories under designated categories, and do not expressly or in any way The implied method guides buyers to conclude sales transactions with you through other channels other than the platform. You have not been permanently closed by Alibaba Group or other e-commerce platforms, or banned from re-joining the platform as a seller because of your involvement in selling counterfeit or pirated goods.
8.3 Sellers are not allowed to send commercial information to consumers without their consent or request. When sending commercial information, sellers should clearly indicate their real identity and contact information, and provide consumers with an obvious, simple and free way to refuse to continue to receive. If the consumer expressly refuses, it shall stop sending immediately, and shall not send again after changing the name.
8.4 In accordance with the platform user agreement, this agreement, your commitment to the buyer and relevant laws and regulations, earnestly perform the sale and purchase transaction concluded with the buyer. The above-mentioned relevant laws and regulations include the applicable laws and regulations of China and/or the country where the product is sold, and the country where the consumer is located. You shall undertake obligations including, but not limited to, quality assurance, service, and after-sales of traded goods in accordance with the above-mentioned applicable laws and regulations, as well as fulfilling or urging consumers to perform duties such as tax payment, customs declaration, and customs clearance in accordance with applicable laws and regulations.
8.5 If you use accounts on other platforms under Alibaba Group (including but not limited to Taobao accounts, Tmall accounts, 1688 accounts, etc.) to apply for category services, You promise and guarantee that the subject of the information and materials you submit for review is the same as the subject of the account on other platforms under Alibaba Group.
8.6 During the process of applying for and using category services, all information you provide to the platform is legal, true, accurate and valid (including but not limited to can contact you in time). The above information includes but is not limited to the information and related materials of the business entity, email address of the business entity, contact number, contact address, and zip code. When any information changes, you are obliged to contact the platform immediately and update relevant information and materials to the platform in a timely manner.
8.7 Any content you submit to the platform, including but not limited to pictures and text submitted for participating in marketing activities organized by the platform, is legal and valid, and does not infringe any any rights of third parties.
8.8 Do not make commercial use of any data on AliExpress, including but not limited to copying, Store any information and data on the AliExpress platform by means of technical crawling (picking), building mirrors, etc., and sell them to the public or third parties, and transmit and display them for direct or indirect commercial purposes.
Article 9 Seller's Obligations
9.1 Pay deposit, performance bond and commission in accordance with this agreement, abide by this agreement promises and guarantees.
9.2 Comply with the platform user agreement, this agreement, China, the destination of the goods and/or other applicable laws and regulations, especially the quality of goods, intellectual property rights, Consumer rights protection, tax laws and other laws and regulations, including but not limited to, according to the laws and regulations of relevant EU countries, provide EU buyers who purchase your products with 14 days from the date of receipt of the last product) or a longer period of no-reason return service according to the law, and a product warranty service of 2 years or a longer period according to local laws. When performing the above-mentioned 2-year product warranty service, the seller is aware of and shall bear the freight paid by the buyer for the repaired product in accordance with the law, and at the same time may return and refund the product with quality defects in accordance with the law.
9.3 Accept AliExpress to conduct product quality sampling and authenticity identification for the purpose of maintaining a sound and continuous market and protecting buyers' rights and interests (including but not limited to choosing an independent Third-party quality inspection agencies or brand owners conduct appraisals, order cooperative logistics companies to assist in random inspections, etc.). When AliExpress asks from time to time to check whether the goods sold by the seller have a legal source and whether they are genuine, the seller is obliged to keep and present the certificate of the legal source of the relevant goods. For those unable to provide evidence of the legal source of purchase, AliExpress will make a judgment on the authenticity of the product based on the actual situation, and the merchant agrees to bear the consequences of unfavorable evidence in accordance with this agreement.
9.4 You understand and agree that any taxes involved in your online transactions or tax obligations under any jurisdiction, including but not limited to reporting, collecting You are solely responsible for paying any applicable taxes, etc., and the prices you set for Online Merchandise include any applicable taxes. In order to facilitate you to set the corresponding taxes, AliExpress provides automatic tax calculation tools in some countries and regions, and calculates the applicable VAT/GST/Sales tax based on the information you provide. At the same time, according to the relevant laws and regulations, we are responsible for withholding your online transaction-related taxes and fees. We will automatically calculate, collect and pay the corresponding taxes for you based on the information you provide according to the law. You need to ensure that you provide the platform with information related to tax calculation, tax collection and payment in a timely, accurate and complete manner, otherwise the platform reserves the right to recover any losses caused by you. For specific countries and regions, please refer to the "Platform Rules" and related announcements.
Article 10 The provision and publicity of the seller’s market entity registration information
10.1 The seller should submit a true and valid registration information when entering the platform Market entities register information and publicize it on their store pages, including but not limited to the unified social credit code, name, business type, legal representative (person in charge), residence and other information published in the business license.
10.2 If the seller’s market subject registration information or other public information changes, the change shall be reported to the platform within three working days after the information change, And complete the update publicity according to the platform requirements. AliExpress has the right to regularly or irregularly check and update the registration information and other information submitted by sellers, and sellers should actively cooperate.
Article 11 Liability for breach of contract
11.1 In addition to other provisions of this agreement, if the seller violates relevant laws and regulations, platform user agreement or According to the provisions of this agreement, if AliExpress suffers any losses, and is subject to claims by buyers or other users, any third party, or any administrative department’s punishment, the seller shall be liable for the loss to AliExpress, including but not limited to Liquidated damages or compensations that AliExpress is judged to pay to any third party, refunds, liquidated damages or compensations paid by AliExpress to buyers on behalf of sellers, the amount of administrative penalties imposed on AliExpress, AliExpress Legal fees paid, necessary costs to eliminate impacts, etc.
11.2 When the seller has any unpaid payment to AliExpress, unless otherwise agreed, the seller shall report to AliExpress from the date of overdue AliExpress shall pay five thousandths of the daily liquidated damages for unpaid items; AliExpress also has the right to independently or instruct Alipay to deduct such arrears from the payment AliExpress collects on behalf of the seller.
Article 12 Confidentiality
12.1 The secret information mentioned in this agreement includes but not limited to this agreement, any supplementary agreement and Confidential information ("Confidential Information") of the seller or the platform during the cooperation process, including but not limited to any party's business information, organizational information, personnel information, business plans or arrangements, technical solutions or other technical information, etc.
12.2 During your use of the service, you may receive "confidential information". You agree that during the term of this Agreement and for 5 years thereafter: (a) you will not, and cause your affiliates will not, directly or indirectly (including through a third party) disclose Confidential Information to any individuals, companies or other third parties, unless required by relevant laws; (b) you will take all reasonable steps to protect confidential information from being used or disclosed in a manner not expressly permitted by this agreement; (c) you will only Confidential Information is retained for as long as it is necessary for you to participate in the Services or to comply with your legal obligations (e.g. tax laws), and in all cases will delete such information; (d) you may not issue any service-related press releases, or use our name, trademarks or logos in any way (including in promotional materials) without our prior written consent, nor, in any way, Distort or glorify our relationship. You may not use our name, trademarks or logos in any way (including in promotional materials) outside of the trademark usage guidelines without our prior written consent.
Article 13 Anti-Commercial Bribery
13.1 If it is found that the seller, the seller’s employees, shareholders, legal representatives, actual controllers or related Enterprises, etc. that provide benefits in kind, cash, cash equivalents, labor services, travel, etc. to employees or consultants of AliExpress or AliExpress affiliated companies, etc., whose value is obviously beyond the scope of normal exchanges, can be regarded as commercial bribery by the seller.
13.2 In the event of the above situation, AliExpress has the right to immediately terminate all cooperative relations with the seller (including but not limited to cooperation based on this agreement) and report to the seller Liquidated damages of RMB 100,000 will be charged, and if the liquidated damages cannot make up for the loss, the company is also entitled to receive compensation. The amount of compensation is calculated based on the economic loss and goodwill loss suffered by AliExpress due to the seller's bribery.
Article 14 Disclaimer and Limited Liability
14.1 You clearly understand and agree that AliExpress will be based on "as is" and "as is" Available" status provides category services. AliExpress will do its best to provide corresponding security measures based on the existing technology to ensure the security and normal operation of the service. However, due to factors such as possible computer viruses, network communication failures, system maintenance, and possible force majeure events, AliExpress hereby expressly declares that it does not make any express or implied guarantees for the services, including but not limited to the application of the services. Suitability, freedom from error or omission, continuity, accuracy, reliability, fitness for a particular purpose.
14.2 You understand and agree that AliExpress will not be liable for any damages caused by any of the following circumstances, including but not limited to profits, goodwill , loss of use, data, etc. or other intangible losses (whether or not AliExpress has been informed of the possibility of such damages):
14.2.1 AliExpress and its affiliated companies are not judicial institutions. When intervening in the process, they can only conduct superficial review and identification of the evidence materials submitted by you and the buyer with ordinary or non-professional knowledge standards. You should ensure that you submit The authenticity and legality of the evidence materials, and bear the risk and responsibility of the information and data provided by you or the buyer. If you suffer losses as a result, you agree to claim compensation from the beneficiary yourself. If AliExpress and its affiliates mediate any disputes, you understand and agree that such mediation is entirely based on your entrustment. AliExpress and its affiliates cannot guarantee that the results of transaction disputes will meet your expectations, and they will not be responsible for transaction disputes. The mediation results and the deposit payment decision (if any) shall bear any responsibility.
14.2.2 AliExpress and its affiliates are responsible for all and all responsibilities related to this agreement and resulting from the signing and performance of this agreement, Regardless of whether it is related to breach of contract or infringement, regardless of whether it is intentional or negligent, and regardless of whether you have paid any fees to AliExpress, in any case, it should not exceed 1,000 yuan, which does not affect AliExpress in accordance with this Agreement. Agreement, other agreements signed between AliExpress and you, and the rights of exemption and limitation of liability enjoyed by AliExpress rules.
Article 15 Term of the Agreement and Early Termination
15.1 This agreement will take effect after signing, until the seller completely withdraws from the platform operation and completes the performance All obligations under this agreement.
15.2 Early Termination. Under any of the following circumstances, AliExpress has the right to request the seller to withdraw from the platform operation in advance by means of notice:
15.2.1 Any platform between you and AliExpress If the user agreement is terminated for any reason, this agreement will be terminated automatically.
15.2.2 AliExpress platform has the right to terminate this agreement with thirty (30) days prior written notice without taking any responsibility. In order to avoid ambiguity, if the seller clicks the "apply for withdrawal" button online through the platform or submits a category approval request in any way, the seller will immediately enter the clearance process.
15.2.3 In case of any of the following situations, AliExpress has the right to immediately terminate the provision of category services or/and this agreementwithout any liability and is entitled not to return unused security deposits (for the avoidance of doubt, security deposits under Clause 15 include security deposits or performance bond deposits):
b you If you fail to pay or make up the security deposit on time, and still fail to pay within the time limit stipulated by AliExpress; Not performed within the time limit;
c The information or documents you submitted to the platform are untrue, illegal, expired or the seller cannot prove its information or the authenticity, legality and validity of documents;
d You breach any commitment and guarantee under Article 8, and you cannot Corrected. In order to avoid ambiguity, if you violate any promises and guarantees under Article 8, the platform has the right to immediately terminate the provision of category services or/and this agreement without taking any responsibility.
e You have violated the 12th (confidentiality) and 13th (anti-commercial bribery) agreements.
f Due to your violation of the platform user agreement and platform rules, AliExpress has suspended (approved) category services.
g You have seriously violated the agreement with any affiliated company of AliExpress.
h You have not logged in to AliExpress with your AliExpress account and password for more than one hundred and eighty (180) days.
i The occurrence or realization of other termination conditions stipulated in this agreement will lead to the termination of this agreement.
15.3 In accordance with the "E-Commerce Law" and related laws and regulations, if the seller terminates the operation on the platform, the seller should display it in a prominent position on its store page at least 30 days in advance By continuing to publicize relevant information such as announcements on the termination of online trading activities, AliExpress has the right to require the seller to take reasonable, necessary, and timely measures to protect the legitimate rights and interests of consumers and other subjects and order performance. If there is a major abnormality and brings relevant losses to the platform, AliExpress has the right to pursue relevant responsibilities.
15.4 Unless otherwise agreed, if the seller fails to meet all the activation requirements specified in 4.1 within fifteen (15) working days after the seller signs or accepts this agreement online conditions, or AliExpress sends a notice to the seller of refusal to provide services for any reason, AliExpress has the right not to activate the service and/or terminate this agreement. If the service is terminated without opening this agreement, AliExpress shall not be liable for any breach of contract or compensation.
15.5 Matters to be dealt with after the termination of the agreement:
15.5.1 Regardless of the reason for this agreement Termination, any compensation and liability caused by the behavior before the termination of the agreement must be fully and independently undertaken by the seller.
15.5.2 The seller has uploaded product information to various categories, and AliExpress has the right to delete this product after the seller withdraws from each category or the agreement is terminated any and all relevant information.
15.5.3 If the seller has reached a transaction agreement with another AliExpress buyer on a product information, AliExpress has the right to decide whether to cancel the item trade. AliExpress has the right to notify the buyer in the transaction of the termination of this agreement.
15.6 Clearance process:
15.6.1 The seller is applying for termination or AliExpress When terminating the provision of various types of services or/and this service agreement, immediately enter the clearance process, and the seller should within 20 days:
a processing completed All transactions that have occurred;
b Handle and complete any transaction disputes, infringement disputes and other violations and breaches of contract;
c Any penalties imposed have been satisfied and any damages due have been paid;
d No other violations conduct or what is required to be performed under the rules of any agreement.
15.6.2 After entering the clearance process, AliExpress has the right to suspend or terminate the provision of some or all category services to you.
15.6.3 The seller can only apply for the settlement of fees for each category after completing the clearance process for each category. If there is a refund of the security deposit, it will be refunded to you within thirty (30) calendar days after the seller withdraws from each category.
15.6.4 The same seller has opened multiple stores on AliExpress. If there are transaction disputes, infringement disputes, etc. Sellong has the right to directly deduct the corresponding amount from the deposit of other stores of the seller in accordance with Article 5.1.2 or 5.2.4 of this agreement to make up for the loss. AliExpress can identify the main identity of the merchant operating on the AliExpress platform based on the information characteristics provided by the seller (such as company name, company unified social credit code and legal person name, etc.), so as to judge and confirm whether they are the same seller. For the avoidance of doubt, the seller's margin replenishment obligation under Article 5.1.3 or 5.2.6 remains unchanged.
15.7 When you accept AliExpress platform services after category admission, you should ensure that the contact information provided in the seller's background (including your email address) , contact number, contact address, etc.) are true and valid, and if the contact information changes, you are obliged to update the relevant information in a timely manner and keep it available for contact.
15.8 The member account you generated when you registered as a user on the AliExpress platform is used to log in to the AliExpress platform to receive internal messages, system messages and AliExpress instant messages (including sub-accounts), and also as your valid contact information.
15.9 AliExpress will send you various notices to one or some of the above contact methods, and the content of such notices may If there is a significant beneficial or adverse impact on your rights and obligations, please pay attention to it in time.
15.10 AliExpress will notify you through the above contact information, including but not limited to announcements on the AliExpress platform. , send mobile phone text messages to the contact number you provided, send emails to the email address you provided, and send Wangwang/DingTalk information, system messages and site letter information to your account, and it will be deemed delivered after successful sending; Written notices issued in paper media shall be deemed delivered on the fifth natural day after mailing to the contact address provided.
15.11 For any disputes arising from trading activities on the AliExpress platform, you agree that judicial authorities (including but not limited to the people's courts) can use mobile phone text messages, Send legal documents (including but not limited to litigation documents) to you by modern communication methods such as e-mail or Aliwangwang or by mail. The mobile phone number, email address or Alibaba Wangwang account you designate to receive legal documents and other contact information are the mobile phone number, email address and contact information you provided when you registered and updated on the AliExpress platform, and generated AliExpress account when you registered AliExpress users , the judiciary sends the legal document to the above-mentioned contact information, which is deemed to have been delivered. The mailing address you specify is your legal contact address or the valid contact address you provide.
15.12 You agree that the judiciary can serve you legal documents in one or more of the above ways, and the judiciary can serve you legal documents in various ways For documents, the service time shall be subject to the first delivery method among the above-mentioned delivery methods.
15.13 You agree that the above delivery method is applicable to each stage of judicial procedure. Such as entering into litigation procedures, including but not limited to first instance, second instance, retrial, enforcement and supervision procedures, etc.
15.14 You should ensure that the contact information provided is accurate, valid, and updated in real time. If the contact information provided is inaccurate, or the changed contact information is not notified in time, so that the legal documents cannot be delivered or are not delivered in time, you shall bear the possible legal consequences arising therefrom.
Article 16 Transfer of Rights and Obligations
16.1 You agree that, for the purpose of service, AliExpress enjoys rights based on this agreement and All obtained authorizations can be transferred, transferred, licensed, sub-authorized, and sub-authorized to affiliated companies in whole or in part. Without the prior written consent of AliExpress, you may not transfer any rights and obligations under this agreement to any third party.
Article 17 Dispute Resolution and Others
17.1 Matters not agreed or involved in this agreement, both parties shall follow the platform user agreement and speed Other relevant provisions of the Selling Platform shall be implemented.
17.2 If any provision or part of the provision of this agreement is deemed invalid or unenforceable, the above provision or part of the provision may be severed and the rest
17.3 The validity, interpretation, modification, execution and dispute resolution of this agreement shall be governed by the laws of the People's Republic of China (excluding Hong Kong, Macao, Taiwan region laws). In the event of any dispute between Party B and you regarding the performance or interpretation of the platform’s technical services, the two parties shall strive to resolve it through friendly negotiation; if the negotiation fails, both AliExpress and you agree to be under the jurisdiction of the Hangzhou Internet Court. In the event of disputes between Party C and you regarding the performance or interpretation of transaction technical services, all parties shall strive to resolve them through friendly negotiation in accordance with this Agreement and the Transaction Service Agreement (Alibaba.com Transaction Service Agreement); if the negotiation fails, both Party C and you shall have The right to initiate arbitration at the Hong Kong International Arbitration Center (HKIAC).
If you have any questions about the terms of this agreement, please ask through the AliExpress customer service channel, and AliExpress will explain the terms to you. If you do not agree with any content of this agreement, or cannot accurately understand AliExpress' interpretation of the terms, please do not perform any subsequent operations. Otherwise, it means that the legal entity corresponding to the AliExpress account you use has accepted the terms and conditions described below and agrees to be bound by this agreement. AliExpress Merchant Service Agreement Effective Date: January 1, 2022 This agreement is between the seller user (hereinafter referred to as "Party A", "seller" or "you"), Hangzhou Alibaba Advertising Co., Ltd. (hereinafter referred to as "Party B"), which provides platform technical services to you, and Alibaba (China) ) Network Technology Co., Ltd., Alibaba.com Singapore E-Commerce Private Limited (the above collectively referred to as "Party C", and Party B and Party C are also collectively referred to as "we" or "AliExpress"). Article 1 Background of the Contract 1.1 In order to standardize the seller’s business behavior for various purposes when entering the category and accepting AliExpress services, clarify the seller’s rights and obligations, create a standardized and orderly transaction order, and protect the legitimate rights and interests of sellers and buyers, both parties should work together abide by this agreement. 1.2 In addition to this agreement, you should also abide by the "Alibaba.com Free Membership Agreement", "Alibaba.com Transaction Service Agreement", "Terms of Use" and "AliExpress (Chinese sellers) Privacy Policy" signed during account registration " and other agreements (hereinafter collectively referred to as the "Platform User Agreement"). Article 2 Definitions 2.1 AliExpress platform: refers to the e-commerce platform jointly provided by AliExpress and its affiliated companies with Internet information services and related software and technical support. The website is www.aliexpress.com. 2.2 Categories: AliExpress platform divides the platform into different business categories (including special categories) according to operation and risk control needs. Each category (including special categories) is divided according to their respective operation strategies and brand positioning. Implement investment promotion access. The details are subject to the investment promotion rules announced by the AliExpress platform. Each major business category implements independent investment promotion access. 2.3 Category service/service: refers to AliExpress providing Internet information publishing services and related technical services for your business activities in various categories on the AliExpress platform in accordance with the platform user agreement and this agreement. Among them, Party B provides you with technical services related to Internet information services; Party C and AliExpress affiliates provide you with transaction-related technical services. 2.4 Service activation: refers to the process in which AliExpress allows sellers to publish products in different categories, use category services, and notify sellers after approval. 2.5 Market management measures: In order to maintain the orderly operation of the AliExpress market, AliExpress takes measures against the seller’s breach of contract and regulations, including but not limited to removing products from the shelves, restricting product release permissions, temporarily suspending category services, and canceling , account freezing, account closing, and instructing Alipay to take restrictive measures on the seller’s international Alipay account. 2.6 Clearance process: When the seller applies, AliExpress decides, or other agreement termination conditions are fulfilled, the seller immediately enters the clearing process. AliExpress will terminate the category service provided to the seller and take corresponding market management measures. The seller must follow the This agreement or relevant rules stipulate that the corresponding obligations and matters shall be completed; the clearance process is divided into category clearance and platform clearance. 2.7 "E-Commerce Law": refers to the "E-Commerce Law of the People's Republic of China", which came into effect on January 1, 2019, and its revisions from time to time. 2.8 "Measures for the Supervision and Administration of Online Transactions": refers to the "Measures for the Supervision and Administration of Online Transactions" (State Administration for Market Regulation Order No. 37) issued by the State Administration for Market Regulation and effective on May 1, 2021, as amended from time to time Version. Article 3 Agreement comes into force and scope of application 3.1 You voluntarily apply to join the AliExpress platform to engage in cross-border trade services, and AliExpress will provide you with category services in accordance with the provisions of this agreement. 3.2 You choose to accept this agreement by clicking to confirm on the web page or in other ways, including but not limited to joining the AliExpress category without clicking to confirm this agreement, using category services (such as publishing products, signing up for platform marketing activities, reaching online transaction, etc.), it means that you agree to accept all the content of this agreement. 3.3 The content of this agreement includes the text of the agreement, attachments, "AliExpress Platform Rules" ("Platform Rules") (link: https://sell.aliexpress.com/zh/__pc/rule_detail.htm), all AliExpress All kinds of rules, announcements, etc. that have been released or may be released in the future (hereinafter collectively referred to as "this agreement"). This agreement is binding as an integral part and supplement of the legal relationship between AliExpress and the seller. 3.4 AliExpress has the right to update and modify this agreement from time to time according to the needs of platform operations; if there is any change, AliExpress will notify you by means of website announcement, in-site letter or email. After the revised agreement is announced, it will take effect after a reasonable period of time stipulated by law and become a part of this agreement, which is binding on you. If you do not agree to the relevant changes, you should immediately stop using the category service; if you continue to use the category service, it is deemed that you have no objection to the revised agreement and agree to abide by it. 3.5 You understand and agree that signing this agreement does not necessarily mean that you will be allowed to open the seller category service. AliExpress will conduct a comprehensive review based on your operational capabilities, service quality, product quality and brand attributes. AliExpress will notify you whether to open the service. Or the specific opening of relevant permissions shall prevail. 3.6 This agreement takes effect from the date you sign it. Article 4 Opening and deadline of category services 4.1 Category services will be activated within fifteen (15) working days after the following conditions are met: 4.1.1 The seller signs the platform user agreement and registers as an AliExpress member; 4.1.2 The seller agrees to accept this agreement; 4.1.3 The seller truthfully submitted relevant information and materials according to the requirements of different categories, and was approved; 4.1.4 The seller shall sign this agreement and shall have deposited a security deposit in accordance with Article 5.1, or provided a performance guarantee in accordance with Article 5.2; and 4.1.5 AliExpress sends a service activation notice to the seller. 4.2 AliExpress has the right to independently decide whether to approve your category service application based on comprehensive factors such as platform operation, industry development, and consumer interests. You agree that the relevant judgment basis of AliExpress belongs to AliExpress’ trade secrets, therefore, AliExpress does not need to explain the reasons for rejecting your application, and does not need to bear the responsibility. As one of the possible situations, if the platform identifies you or your actual controller, related party, or actual controller of the related party based on various information characteristics provided by the seller or independently identified when using other services of the platform, or using Alibaba Other services under the company have seriously affected the interests of consumers due to malicious sales of counterfeit products, speculation, fake qualifications, long-term sales of inferior products, low average DSR product description scores, high store dispute rates, and low praise rates, or through malicious complaints, etc. AliExpress has the right to prohibit sellers from accessing the platform and refuse to open category services to you if you are punished for specific serious violations or have seriously endangered transaction security. Article 5 Security Deposit or Performance Guarantee Deposit 5.1 Margin 5.1.1 In order to ensure that the seller abides by the platform user agreement, this seller agreement and the platform rules, maintain the healthy competition of the platform, and protect the interests of consumers, the seller agrees to set up an account for each store opened according to the category (business category) it enters. A sum of funds will be deposited within the platform and frozen by the platform as a performance bond (“guarantee”) for the platform user agreement, this seller agreement and the platform rules. Both parties agree that this agreement is a deposit pledge agreement, and the pledge deposit will be delivered from the moment the deposit deposited by the seller is frozen by the platform. If the seller's store has settled in multiple categories (business categories), unless otherwise stipulated by the platform rules, the seller should pay the highest amount of deposit among the multiple categories (business categories) for the store. The specific amount of deposit for each category is stipulated by the platform rules. 5.1.2 In the event of the following circumstances, AliExpress has the right to deduct the corresponding amount from the security deposit: 1) According to the platform rules and platform user agreement, if the seller should pay liquidated damages to AliExpress, AliExpress has the right to claim liquidated damages; 2) If the seller violates applicable laws and regulations, platform rules, platform user agreement and/or the agreement between the seller and the buyer, the seller should refund the purchase price or make compensation to the buyer, and the seller fails to refund or make compensation within a reasonable time, including But not limited to compensation to the buyer due to order disputes, and the buyer applies for a refund without reason and complies with the platform rules, etc. AliExpress has the right to claim the relevant compensation amount; 3) The seller violates the applicable laws and regulations, platform rules, platform user agreement and/or the agreement between the seller and AliExpress, directly or indirectly causing losses to AliExpress (including causing cross-breach compensation, administrative punishment, judgment of infringement, goodwill damages, etc.), and the seller should compensate the loss to AliExpress, or pay liquidated damages, AliExpress has the right to claim the relevant loss; and 4) Other circumstances stipulated in platform rules and platform user agreements. 5) After AliExpress has deducted the deposit, it will notify the seller of the deduction reason and deduction amount by way of in-site letter, back-end business kanban display, etc. 6) The agency line platform will regularly evaluate the credit score of each merchant comprehensively, and those with excellent credit scores will receive some rewards from the platform. If the credit score is deducted due to the behavior of the seller's store, it is necessary to wait for the credit score to be restored before handling settlement funds. 5.1.3 The security deposit should be deposited before the service authority of each category is opened. If the deposit amount is less than the specified amount, the seller should make up the amount by depositing to the enterprise Alipay account within 15 days. If the deposit is lower than a certain amount, AliExpress has the right to take restrictive measures against the seller, including but not limited to restricting the cash withdrawal function, removing store products, terminating category services, and terminating this agreement. The above amount is stipulated by the platform rules. 5.1.4 If you voluntarily close your store or account, are canceled by AliExpress, or are terminated by other platform rules, and there are no unfinished transactions, unfinished complaints, penalties or disputes within three consecutive months (including but not limited to disputes or disputes with AliExpress, consumers or other third parties), AliExpress will notify the Alipay entity (“Alipay”) within thirty (30) natural days to release the deposit balance to you in the enterprise Alipay account. 5.1.5 The seller authorizes Alipay to freeze the agreed margin funds in the Alipay account of the seller, and returns the balance of the margin to the seller according to the notification in Article 5.1.4. 5.1.6 The security deposit is for the purpose of guaranteeing the performance of the seller and does not generate interest. The seller has no right to claim any fruits of the deposit from the platform or Alipay during the deposit freeze period. 5.2 Performance Guarantee 5.2.1 In order to protect the interests of consumers and enhance the seller's business experience, the sellers who have passed the review will receive the guarantee service provided by Zhejiang Mybank Co., Ltd. (hereinafter referred to as "Mybank") free of charge. Under this circumstance, MYbank, as the guarantor, provides a guarantee ("Performance Guarantee") to AliExpress for the seller to carry out business activities on AliExpress in accordance with the platform user agreement, seller agreement and platform rules. Commercial Bank Performance Guarantee Service Agreement Deposit Pledge Agreement ("Performance Guarantee Agreement", https://sell.aliexpress.com/zh/__pc/HzFSeGjp6X.htm). The upper limit of the performance guarantee is stipulated in the Performance Guarantee Agreement. 5.2.2 In order to enjoy the performance guarantee, the seller promises to strictly abide by the platform user agreement, seller agreement and platform rules. If MYbank fulfills its guarantee obligation to the AliExpress platform, MYBank has the right to recover according to law, and the seller will provide MYBank with complete compensation. 5.2.3 In order to enjoy the performance guarantee, according to the "Performance Guarantee Agreement", the seller shall pay MYBank a fixed amount of deposit ("Performance Guarantee Deposit"). The amount of the performance guarantee deposit is different according to the type of entry (business category), and is paid by the store, which is specifically stipulated in the "Performance Guarantee Agreement" and "Platform Rules". The performance guarantee deposit shall be deposited by the seller through Alipay designated by the seller, and Alipay will transfer it to MYbank according to this agreement after deposit. For clarification, if the seller's store is located in multiple categories (business categories), unless otherwise stipulated, the seller shall pay the performance bond with the highest amount among the multiple categories (business categories) for the seller of the store. 5.2.4 DolExpress has the right to require the seller or MYbank to perform relevant responsibilities to DolExpress ("perform the guarantee payment") if the following circumstances occur: 1) According to the platform rules and platform user agreement, if the seller should pay liquidated damages to AliExpress, AliExpress has the right to claim liquidated damages from the seller or MYbank; 2) If the seller violates applicable laws and regulations, platform rules, platform user agreement and/or the agreement between the seller and the buyer, the seller should refund the purchase price or make compensation to the buyer, and the seller fails to refund or make compensation within a reasonable time, including But not limited to compensation to the buyer due to order disputes, if the buyer applies for a refund without reason and complies with the platform rules, etc., AliExpress has the right to claim the relevant compensation amount from the seller or MYbank; 3) The seller violates the applicable laws and regulations, platform rules, platform user agreement and/or the agreement between the seller and AliExpress, directly or indirectly causing losses to AliExpress (including causing cross-breach compensation, administrative punishment, judgment of infringement, goodwill damages, etc.), and the seller should compensate the loss to AliExpress, or pay liquidated damages, AliExpress has the right to claim the relevant loss from the seller or MYbank; and 4) Other circumstances stipulated in platform rules and platform user agreements. 5.2.5 After fulfilling the guarantee responsibility, MYbank has the right to deduct the payment to AliExpress for fulfilling the guarantee from the performance guarantee deposit. After AliExpress has deducted the deposit, it will notify the seller of the deduction reason and deduction amount by way of in-site letter, back-end business kanban display, etc. 5.2.6 If the performance guarantee deposit is less than the agreed amount, the seller shall make up for it within 15 days by depositing it into its linked Alipay account. If the performance guarantee deposit is lower than a certain amount, AliExpress has the right to take restrictive measures against the seller, including but not limited to restricting the cash withdrawal function, removing store products, terminating category services, and terminating this agreement. The above-mentioned amount threshold is stipulated by the platform rules. 5.2.7 If the seller voluntarily closes the store or account, is canceled by AliExpress, or occurs other circumstances stipulated by the platform rules, and there are no unfinished transactions or any investment that has not been processed within three consecutive months.In the event of any lawsuit, penalty or dispute (including but not limited to disputes or disputes with AliExpress, consumers, MYbank or other third parties), AliExpress will notify MYBank within thirty (30) natural days of the The balance of the performance guarantee deposit will be returned to the seller's Alipay account. 5.2.8 The performance bond is for the purpose of guaranteeing the performance of the seller and does not generate interest. The seller has no right to claim any fruits from the platform, MYbank or Alipay during the freezing period of the performance guarantee deposit. 5.2.9 If the seller has already frozen the security deposit in accordance with Article 5.1 before passing the review and needing to pay the performance security deposit to MYbank, the seller agrees and authorizes Alipay to unfreeze the balance of the security deposit and transfer it to MYbank as a performance guarantee security deposit. If the balance of the security deposit is less than the performance security deposit, the seller shall make up for it in accordance with Article 5.2.6. Article 6 Commission and other service fees 6.1 Commission 6.1.1 Party C provides transaction technical services for online transactions of sellers and buyers in accordance with the platform user agreement. For this purpose, Party C will charge technical service fees for transactions reached by sellers in proportion or other agreed methods according to the published charging standards ("commissions") ”), the specific commission and charge shall be determined by Party C and you in accordance with the platform user agreement (especially the transaction service agreement), among which the transaction technical service fee commission related to other user orders shall be collected by Party B, and the transaction related to the user order of the Russian station market The commission will be collected by Party B on its behalf. The above-mentioned Russian market refers to Russia, Azerbaijan, Armenia, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Turkmenistan, Tajikistan and Uzbekistan. 6.1.2 You acknowledge and agree that AliExpress or Alipay does not have any control over the products or services paid for through our transaction services, and will not assume any responsibility. We cannot ensure that the buyer or seller with whom you are transacting will actually complete the transaction, nor that the products or services paid for through our transaction services will be faultless. 6.1.3 You understand and agree that you shall be responsible for and pay the applicable taxes and fees related to the above commission and other service fees. Unless otherwise stated, the commission and other service fee payments actually payable by you do not include any taxes and fees that may be imposed by government agencies. If the amount you pay is subject to taxes and fees according to relevant regulations, the amount you should pay needs to be increased with the above taxes to ensure that AliExpress receives the full payment. "Tax" includes all federal, state, provincial, territorial, county, municipal, local or foreign taxes, including, but not limited to, sales, use, permit, excise, goods and services, value added, stamp duty or Transfer duties, export duties, import duties, surcharges, assessments, duties, charges, and taxes or charges of any nature which may be imposed, assessed, assessed or withheld and all interest, penalties, penalties or other additional charges . 6.2 Other service fees 6.2.1 When the buyer pays in a currency other than the seller’s quotation currency, AliExpress may adjust and optimize the buyer’s payment currency sales price of the product through technical means while converting it into the buyer’s payment currency according to the exchange rate To facilitate a transaction (maybe a small fluctuation up or down). There will be no change to your payouts and commissions based on item offers. You understand and agree that this kind of technical adjustment will release and sell products at adjusted prices, and agree that the balance surplus generated by adjusting and optimizing the sales price of the buyer's payment currency will be charged by the platform as a technical service fee. The specific technical service fee is determined by the "Platform" Regulations. The platform reserves the right to adjust specific technical service fees from time to time. Conversely, AliExpress will subsidize the seller for free to ensure that the seller will not suffer any loss of payment due to the adjustment and optimization of the subsidy for the difference in the sales price of the currency that the buyer pays. You understand and agree that AliExpress does not guarantee that its technical means to adjust and optimize the sales price of products are flawless. 6.3 AliExpress related parties reserve the right to increase, cancel or modify any commission and other service fees after a reasonable period of publicity based on the relevant technical services provided. 6.4 In order to ensure the safety of funds and reduce exchange losses. You grant AliExpress the right to update the local currency code of the merchant store at any time at its sole discretion, and to require you to provide product prices in the currency corresponding to its local currency code. Correspondingly, the settlement of marketing, reverse and other related fees generated by your account will be adjusted according to the local currency code. Article 7 AliExpress’ Obligations and Platform Control 7.1 AliExpress is obliged to maintain the normal operation of various categories of services based on the existing technology, so that the business activities of the merchants in the categories added can be carried out smoothly. However, AliExpress can only provide technical services on the basis of "good faith", "existing technology", "as available" and "not guaranteed to be flawless", and AliExpress will not always provide timely, error-free, and flawless transaction services. makes no representations or warranties regarding interruptions or malfunctions, and assumes no responsibility for such problems. 7.2 In accordance with the "E-Commerce Law" and relevant laws and regulations, you should submit real information such as your identity, address, contact information, administrative license, etc. to AliExpress, and AliExpress has the right to verify the authenticity of the information you provide. AliExpress reserves the right to display, verify, inspect or inquire about your market entity registration information, tax registration information and other relevant information; at the same time, you agree that the platform has the right to inquire about your tax-related information when the tax authorities require it to inquire about your tax-related information according to law. Send the relevant data to the relevant government regulatory authorities in the manner prescribed by law. If AliExpress believes that your market entity registration information, tax registration and other related information do not comply with relevant laws and regulations based on its own judgment, it has the right to ask you to make corrections within a reasonable period; if you cannot make corrections within a reasonable period, AliExpress has the right to The right to remove or delete store items, suspend your category permissions, freeze or close the store, and/or stop providing you with all services. 7.3 If the seller violates this agreement or the platform user agreement, or AliExpress has reason to suspect that any behavior or operation that the seller has engaged in or may engage in will violate this agreement or the platform user agreement, and such violations damage the interests of buyers or the platform, then AliExpress SellExpress has the right to implement market management measures on the seller's account, store and other AliExpress accounts actually controlled by the seller. Specific market management measures include, but are not limited to, warnings, deducting points, suspending (freezing) or stopping (exiting) category services, freezing transaction services under seller accounts, etc. 7.4 In addition to the existing platform rules, AliExpress has the right to formulate and from time to time revise rules and regulations such as business management specifications for various categories to maintain the normal operation of various categories. AliExpress shall make an announcement within a reasonable time period before the above rules come into force or change. If you do not agree with the relevant rules or adjustments, you should immediately stop using the category service within the announcement period. 7.5 The types and quantities of commodities that can be published under each category. AliExpress shall publicize such adjustments within a reasonable time limit. If you do not agree to the relevant adjustments, you should immediately stop using the category service within the publicity period. 7.6 You understand that AliExpress cannot and will not conduct a prior review of the seller's transaction behavior on the AliExpress platform and other matters related to the transaction. However, if AliExpress has reason to suspect that the seller has engaged in or may engage in any behavior that violates this Agreement or the Platform User Agreement or damages the interests of the buyer or AliExpress during the transaction process, AliExpress has the right to review and require the seller to provide corresponding Proof materials, the seller should give reasonable cooperation. If the seller fails or refuses to provide proof materials, AliExpress has the right to implement market management measures against the seller’s account, store and other AliExpress accounts actually controlled by the seller, including but not limited to warning, point deduction, suspension (freezing) or Penalties for stopping (exiting) category services, freezing transaction services under the seller’s account, freezing account balance until order disputes are resolved, or closing the store. 7.7 In order to protect the transaction order of the platform and the interests of consumers, AliExpress has the right to conduct irregular inspections on whether the products sold (or to be sold) by the seller have a legal source of purchase and whether they are genuine, including requiring the seller to provide corresponding certificates to show Inspect the relevant goods in a anonymous or anonymous manner, and hand over the goods to a third party for inspection, etc. AliExpress has the right to independently judge the legal compliance of the product based on the product inspection results, and/or the materials and information you submit, and execute and process the product according to this agreement based on the relevant judgment. In this regard, merchants may raise objections to the inspection, random inspection and identification results of AliExpress or the third party hired by it and provide corresponding supporting materials, but AliExpress has the right to make the final judgment independently. 7.8 AliExpress has the right to implement market management measures according to the platform rules for sellers’ stores that seriously affect the buyer’s experience based on buyers’ feedback (average DSR product description score, store dispute rate, favorable rate, etc.), including but not Penalties are limited to warnings, deduction of points, suspension or suspension (permission) of category services, freezing of transaction services under the seller’s account, freezing of account balances, cancellation of cash withdrawal functions, cancellation or restriction of early loan authorization, or closure of stores and other penalties. 7.9 AliExpress has the right to promulgate product quality control standards for various purposes according to the product quality standards of the place of production, sales, import or other regions, and formulate the entry and testing requirements for sellers’ products according to these standards. 7.10 You understand that if the relevant government regulatory department finds that the seller has violated the law and requires AliExpress to take measures to stop it according to law, AliExpress will cooperate and take corresponding measures, including but not limited to providing relevant information and materials, implementing market management measures etc. 7.11 In accordance with the "E-Commerce Law" and relevant laws and regulations, AliExpress has the right to notify the seller if it takes measures such as suspending or terminating the service for the seller's illegal behavior in accordance with the provisions of laws, regulations, rules or relevant agreements and transaction rules. Information such as the name of the online store, illegal acts, and handling measures will be publicized. 7.12 When a dispute arises between buyers and sellers, the seller shall handle it according to the relevant provisions of the platform user agreement. At the same time, without prejudice to the effectiveness of the platform user agreement, in order to improve the user experience, the platform and its affiliates provide sellers with agency services under specific buyer-seller disputes ("after-sales service"), that is, for the benefit of the seller, the platform or its affiliates Related party funds to indemnify buyers. The seller agrees that the agency service is a pure profit-making behavior, and the platform has absolute autonomy to decide whether, when, and in what way to perform to the seller, and has the right to modify the relevant rules of the after-sales treasure service in the platform rules from time to time by announcement. In order to avoid ambiguity, the aftersales service does not in any way exempt the seller from performing any obligations stipulated in the platform user agreement, this agreement and laws and regulations, including but not limited to intellectual property rights, flawless products, after-sales, consumer protection and other obligations and responsibility. 7.13 The seller understands that, according to the requirements of the relevant government regulatory authorities, AliExpress will submit or provide relevant information of the seller according to law, including but not limited to: a The seller's identity information and other information, product or service information, payment records, logistics express, returns and after-sales and other transaction information; b Information related to the seller's violation of laws and regulations, damage to national interests and social public interests, and behaviors that violate public order and good customs, and actively cooperate with relevant government supervision departments in the monitoring of illegal online transactions in terms of technology; c Data information such as price, sales volume, and sales of goods or services in a specific period of time, a specific category, and a specific area on the AliExpress platform, including seller information. 7.14 In accordance with the "E-Commerce Law" and relevant laws and regulations, AliExpress has the right to retain the identity information of sellers who have withdrawn from the platform, related product or service information, payment records, logistics express, return and exchange, and after-sales transaction information. 7.15 AliExpress has the right to identify merchants operating on the AliExpress platform based on the information characteristics provided by the seller (including but not limited to company name, company unified social credit code, legal person name, mobile phone number registered on the platform, etc.), if If it is found that the number of operating stores exceeds the upper limit specified by the AliExpress platform, and other stores under the same company have feedback from buyers (average score of DSR product description, store dispute rate, favorable rate, etc.) that seriously affect the buyer experience, the platform has the right to The characteristics of the information provided by the seller prohibits the seller from entering the platform. Article 8 Seller's Promise and Guarantee 8.1 You have legal and unblemished rights and capacity to conduct the conclusion of this agreement, use category services, and carry out online transactions of related categories, and do not violate any contract or commitment that is binding on you before the conclusion of this agreement. 8.2 The goods you sell or the services you provide should meet the requirements for personal and property safety and environmental protection, abide by the principles of good faith and fair competition in business operations, respect intellectual property rights, effectively protect the legitimate rights and interests of buyers, and do not engage in any false , False, violation of public order and good customs, or transactions that undermine the fair and honest market environment of AliExpress, including but not limited to accurately describing goods and transaction information, not publishing, selling counterfeit goods, parallel imports, piracy, and any possible infringement of third-party intellectual property rights or Products with legal rights, do not publish or sell products that may have quality defects, do not publish products of non-designated categories under designated categories, and do not use any explicit or implied methods to guide buyers to conclude sales transactions with you in other channels other than the platform wait. You have not been permanently closed by Alibaba Group or other e-commerce platforms, or banned from re-joining the platform as a seller because of your involvement in selling counterfeit or pirated goods. 8.3 Sellers are not allowed to send commercial information to consumers without their consent or request. When sending commercial information, sellers should clearly indicate their real identity and contact information, and provide consumers with an obvious, simple and free way to refuse to continue to receive. If the consumer expressly refuses, it shall stop sending immediately, and shall not send again after changing the name. 8.4 In accordance with the platform user agreement, this agreement, your commitment to the buyer and relevant laws and regulations, earnestly perform the sales transaction concluded with the buyer. The above-mentioned relevant laws and regulations include the applicable laws and regulations of China and/or the country where the product is sold, and the country where the consumer is located. You shall undertake obligations including, but not limited to, quality assurance, service, and after-sales of traded goods in accordance with the above-mentioned applicable laws and regulations, as well as fulfilling or urging consumers to perform duties such as tax payment, customs declaration, and customs clearance in accordance with applicable laws and regulations. 8.5 If you use accounts on other platforms under the Alibaba Group (including but not limited to Taobao accounts, Tmall accounts, 1688 accounts, etc.) The subjects of other platforms under Baba Group are the same. 8.6 During the process of applying for and using category services, all the information you provide to the platform is legal, true, accurate and valid (including but not limited to being able to contact you in a timely manner through communication). The above information includes but is not limited to the information and related materials of the business entity, email address of the business entity, contact number, contact address, and zip code. When any information changes, you are obliged to contact the platform immediately and update relevant information and materials to the platform in a timely manner. 8.7 Any content you submit to the platform, including but not limited to pictures and text submitted for participating in the marketing activities organized by the platform, is legal and valid, and does not infringe any rights of any third party. 8.8 Do not make commercial use of any data on AliExpress, including but not limited to storing on the AliExpress platform by means of copying, technical crawling (picking), mirroring, etc. without the prior written approval of AliExpress Any information and data on the website, and sell to the public or third parties, transmit and display for direct or indirect commercial purposes. Article 9 Obligations of the seller 9.1 In accordance with this AgreementIt is agreed to pay security deposit, performance security deposit and commission, and abide by the promises and guarantees stipulated in this agreement. 9.2 Comply with the platform user agreement, this agreement, China, the destination of the goods and/or other applicable laws and regulations, especially laws and regulations on product quality, intellectual property rights, protection of consumer rights, tax laws, etc., including but not limited to, According to the laws of relevant EU countries, provide EU buyers who purchase your products with 14 days or longer from the date of receipt of the product (if there are multiple products in the order, the date of receipt of the last product) or longer There is no reason to return the service for a period of time, and the product warranty service for 2 years or longer in accordance with local laws. When performing the above-mentioned 2-year product warranty service, the seller is aware of and shall bear the freight paid by the buyer for the repaired product in accordance with the law, and at the same time may return and refund the product with quality defects in accordance with the law. 9.3 Accept that AliExpress conducts product quality sampling and authenticity identification for the purpose of maintaining a healthy and sustainable market and protecting buyers’ rights and interests (including but not limited to selecting an independent third-party quality inspection agency or brand owner for identification, ordering cooperative logistics companies to assist sampling, etc.). When AliExpress asks from time to time to check whether the goods sold by the seller have a legal source and whether they are genuine, the seller is obliged to keep and present the certificate of the legal source of the relevant goods. For those unable to provide evidence of the legal source of purchase, AliExpress will make a judgment on the authenticity of the product based on the actual situation, and the merchant agrees to bear the consequences of unfavorable evidence in accordance with this agreement. 9.4 You understand and agree that you shall be solely responsible for any taxes involved in your online transactions or tax obligations under any jurisdiction, including but not limited to reporting, collecting and paying any applicable taxes, etc. The price set for the traded item above already includes any applicable taxes. In order to facilitate you to set the corresponding taxes, AliExpress provides automatic tax calculation tools in some countries and regions, and calculates the applicable VAT/GST/Sales tax based on the information you provide. At the same time, according to the relevant laws and regulations, we are responsible for withholding your online transaction-related taxes and fees. We will automatically calculate, collect and pay the corresponding taxes for you based on the information you provide according to the law. You need to ensure that you provide the platform with information related to tax calculation, tax collection and payment in a timely, accurate and complete manner, otherwise the platform reserves the right to recover any losses caused by you. For specific countries and regions, please refer to the "Platform Rules" and related announcements. Article 10 Provision and publicity of seller’s market entity registration information 10.1 Sellers should submit authentic and effective market entity registration information when entering the platform, and publicize it on their store pages, including but not limited to the unified social credit code, name, enterprise type, legal representative (person in charge), and Information such as residence. 10.2 If the seller's market entity registration information or other public information changes, he shall report the change to the platform within three working days after the information change, and complete the update and publicity according to the requirements of the platform. AliExpress has the right to regularly or irregularly check and update the registration information and other information submitted by sellers, and sellers should actively cooperate. Article 11 Liability for breach of contract 11.1 In addition to other provisions of this agreement, if AliExpress suffers any losses due to the seller’s violation of relevant laws and regulations, the platform user agreement or the provisions of this agreement, it is subject to claims from buyers or other users, any third party, or any administrative management The seller shall be liable for damages to AliExpress, including but not limited to the liquidated damages or compensation that AliExpress is judged to pay to any third party, and the refund paid by AliExpress to the buyer on behalf of the seller. , breach of contract damages or compensation, the amount of administrative penalties imposed on AliExpress, lawyer fees paid by AliExpress, and necessary expenses for eliminating the impact, etc. 11.2 When the seller has any unpaid payment due to the expiration of the time limit, unless otherwise agreed, the seller shall pay to AliExpress a liquidated damages of five thousandths of the unpaid amount per day from the overdue date; AliExpress also has the right to independently or instruct Alipay to deduct such arrears from the payment AliExpress collects on behalf of the seller. Article 12 Confidentiality 12.1 Confidential information referred to in this agreement includes but is not limited to this agreement, any supplementary agreement, and the seller’s or platform’s confidential information (“confidential information”) during the cooperation process. Confidential information includes but is not limited to any party’s business information, Organizational information, personnel information, business plans or arrangements, technical solutions or other technical information, etc. 12.2 During your use of the service, you may receive "confidential information". You agree that during the term of this Agreement and for 5 years thereafter: (a) you will not, and cause your affiliates will not, directly or indirectly (including through a third party) disclose Confidential Information to any individuals, companies or other third parties, unless required by relevant laws; (b) you will take all reasonable steps to protect confidential information from being used or disclosed in a manner not expressly permitted by this agreement; (c) you will only Confidential Information is retained for as long as it is necessary for you to participate in the Services or to comply with your legal obligations (e.g. tax laws), and in all cases will delete such information; (d) you may not issue any service-related press releases, or use our name, trademarks or logos in any way (including in promotional materials) without our prior written consent, nor, in any way, Distort or glorify our relationship. You may not use our name, trademarks or logos in any way (including in promotional materials) outside of the trademark usage guidelines without our prior written consent. Article 13 Anti-commercial bribery 13.1 If it is found that the seller, the seller's employees, shareholders, legal representatives, actual controllers, or affiliated companies provide material objects, cash, cash equivalents, labor services, travel, etc. of significant value to AliExpress or employees or consultants of AliExpress affiliated companies, etc. Interests beyond the scope of normal exchanges can be regarded as commercial bribery by the seller. 13.2 In the event of the above circumstances, AliExpress has the right to immediately terminate all cooperative relations with the seller (including but not limited to cooperation based on this agreement) and charge the seller a liquidated damages of RMB 100,000. If the liquidated damages cannot make up for the loss, AliExpress shall also The right to receive compensation, the amount of compensation is calculated based on the economic loss and goodwill loss suffered by AliExpress due to the seller's bribery. Article 14 Disclaimer and Limitation of Liability 14.1 You clearly understand and agree that AliExpress will provide category services on an "as is" and "as available" basis. AliExpress will do its best to provide corresponding security measures based on the existing technology to ensure the security and normal operation of the service. However, due to factors such as possible computer viruses, network communication failures, system maintenance, and possible force majeure events, AliExpress hereby expressly declares that it does not make any express or implied guarantees for the services, including but not limited to the application of the services. Suitability, freedom from error or omission, continuity, accuracy, reliability, fitness for a particular purpose. 14.2 You understand and agree that AliExpress is not liable for any damages caused by any of the following circumstances, including but not limited to losses in profits, goodwill, use, data, etc. or other intangible losses (whether Whether AliExpress has been informed of the possibility of such damages): 14.2.1 AliExpress and its affiliated companies are not judicial institutions. When intervening in the process, they can only conduct superficial review and identification of the evidence materials submitted by you and the buyer with ordinary or non-professional knowledge standards. You should ensure that you submit The authenticity and legality of the evidence materials, and bear the risk and responsibility of the information and data provided by you or the buyer. If you suffer losses as a result, you agree to claim compensation from the beneficiary yourself. If AliExpress and its affiliates mediate any disputes, you understand and agree that such mediation is entirely based on your entrustment. AliExpress and its affiliates cannot guarantee that the results of transaction disputes will meet your expectations, and they will not be responsible for transaction disputes. The mediation results and the deposit payment decision (if any) shall bear any responsibility. 14.2.2 AliExpress and its affiliated companies are responsible for all and all responsibilities related to this agreement and resulting from the signing and performance of this agreement, regardless of whether it is related to breach of contract or tort, whether due to intentional or negligent, and regardless of Whether you have paid any fees to AliExpress, in any case, should not exceed RMB 1,000, which does not affect the rights and interests of AliExpress under this agreement, other agreements signed between AliExpress and you, and AliExpress rules. The right to disclaim and limit liability. Article 15 Term of Agreement and Early Termination 15.1 This agreement will take effect after signing, until the seller completely withdraws from the platform operation and fulfills all the obligations under this agreement. 15.2 Early Termination. Under any of the following circumstances, AliExpress has the right to request the seller to withdraw from the platform operation in advance by means of notice: 15.2.1 If any platform user agreement between you and AliExpress is terminated for any reason, this agreement will be automatically terminated. 15.2.2 AliExpress platform has the right to terminate this agreement with thirty (30) days prior written notice without taking any responsibility. In order to avoid ambiguity, if the seller clicks the "apply for withdrawal" button online through the platform or submits a category approval request in any way, the seller will immediately enter the clearance process. 15.2.3 In the event of any of the following circumstances, AliExpress has the right to immediately terminate the provision of category services or/and this agreement without taking any responsibility, and has the right not to return the unused deposit (for the avoidance of doubt, Article 15 Security deposits under include security deposits or performance bond deposits): a You fail to make up the security deposit on time and still fail to pay within the time limit stipulated by AliExpress; b You fail to pay or make up the security deposit on time, and you still fail to pay within the time limit stipulated by AliExpress; you or MYbank fail to perform relevant responsibilities to AliExpress in accordance with Article 5.2. Not fulfilled within the prescribed time limit; c The information or documents you submit to the platform are untrue, illegal, expired or the seller cannot prove the authenticity, legality and validity of the information or documents; d You violate any commitment and guarantee under Article 8 and cannot be rectified within a reasonable period of time. In order to avoid ambiguity, if you violate any promises and guarantees under Article 8, the platform has the right to immediately terminate the provision of category services or/and this agreement without taking any responsibility. e You have violated the 12th (confidentiality) and 13th (anti-commercial bribery) agreements. f You have been suspended (exited) by AliExpress due to your violation of the platform user agreement and platform rules. g You have seriously violated the agreement with any affiliated company of AliExpress. h You have not logged in to AliExpress with your AliExpress account and password for more than one hundred and eighty (180) days. i The occurrence or realization of other termination conditions stipulated in this agreement leads to the termination of this agreement. 15.3 In accordance with the "E-Commerce Law" and relevant laws and regulations, if the seller terminates the operation on the platform, the seller shall continue to publish relevant information such as the announcement of the termination of online transaction activities in a prominent position on its store page at least 30 days in advance, and AliExpress has the right to request The seller takes reasonable, necessary, and timely measures to protect the legitimate rights and interests of consumers and other subjects as well as order performance. If there is a major abnormality and brings relevant losses to the platform, AliExpress has the right to pursue relevant responsibilities. 15.4 Unless otherwise agreed, if the seller fails to meet all the activation conditions specified in 4.1 within fifteen (15) working days after signing or accepting this agreement online, or AliExpress issues a notice to the seller to refuse to provide services for any reason , AliExpress has the right not to activate the service and/or terminate this agreement. If the service is terminated without opening this agreement, AliExpress shall not be liable for any breach of contract or compensation. 15.5 Handling of matters after the termination of the agreement: 15.5.1 Regardless of the reason for the termination of this agreement, the seller must fully and independently bear any compensation and liability caused by the behavior before the termination of the agreement. 15.5.2 The seller has uploaded product information to various categories, and AliExpress has the right to delete any and all relevant information of this product after the seller withdraws from each category or the agreement is terminated. 15.5.3 If the seller has reached a transaction agreement with another AliExpress buyer on a product information, AliExpress has the right to decide whether to cancel the transaction. AliExpress has the right to notify the buyer in the transaction of the termination of this agreement. 15.6 Clearance process: 15.6.1 When the seller applies for termination or AliExpress terminates the provision of various types of services or/and this service agreement, it immediately enters the clearance process, and the seller should within 20 days: a process and complete all transactions that have occurred; b Handle and complete any transaction disputes, infringement disputes and other violations and breaches of contract; c Any punishment imposed has been executed and any compensation due has been paid; d There are no other violations or matters to be performed under any of the rules of the agreement. 15.6.2 After entering the clearance process, AliExpress has the right to suspend or terminate the provision of some or all category services to you. 15.6.3 The seller can only apply for the settlement of fees for each category after completing the clearance process for each category. If there is a refund of the security deposit, it will be refunded to you within thirty (30) calendar days after the seller withdraws from each category. 15.6.4 If the same seller opens multiple stores on AliExpress, if there are transaction disputes, infringement disputes and other violations and breaches of the store or account, AliExpress has the right to abide by Article 5.1.2 or 5.2.4 of this agreement. The corresponding amount is directly deducted from the security deposit of the seller's other stores to make up for the loss. AliExpress can identify the main identity of the merchant operating on the AliExpress platform based on the information characteristics provided by the seller (such as company name, company unified social credit code and legal person name, etc.), so as to judge and confirm whether they are the same seller. For the avoidance of doubt, the seller's margin replenishment obligation under Article 5.1.3 or 5.2.6 remains unchanged. 15.7 When you accept AliExpress platform services after entering the category, you should ensure that the contact information (including your email address, contact number, contact address, etc.) provided in the seller's background is true and valid. If the contact information changes , you are obliged to update the relevant information in time and keep contactable. 15.8 The membership account (including sub-accounts) generated by you when you register as a user on the AliExpress platform to log in to the AliExpress platform to receive internal messages, system messages and instant messages from AliExpress is also used as your effective contact method. 15.9 AliExpress will send you various notices to one or some of the above contact methods, and the content of such notices may have a significant beneficial or adverse impact on your rights and obligations, please be sure to promptly focus on. 15.10 AliExpress will send you notifications through the above contact methods, including but not limited to announcements on the AliExpress platform, sending mobile phone text messages to the contact numbers you provide, and emails you provide. Send emails to your account, send Wangwang/DingTalk information, system messages, and in-site messages to your account, and they will be deemed delivered after successful sending; written notices sent in paper media will be mailed according to the contact address provided. The fifth calendar day shall be deemed delivered. 15.11 For any disputes arising from trading activities on the AliExpress platform, you agree withItalian judicial authorities (including but not limited to people's courts) can serve legal documents (including but not limited to litigation documents) to you through mobile phone text messages, emails, Aliwangwang and other modern communication methods or postal methods. The mobile phone number, email address or Alibaba Wangwang account you designate to receive legal documents and other contact information are the mobile phone number, email address and contact information you provided when you registered and updated on the AliExpress platform, and generated AliExpress account when you registered AliExpress users , the judiciary sends the legal document to the above-mentioned contact information, which is deemed to have been delivered. The mailing address you specify is your legal contact address or the valid contact address you provide. 15.12 You agree that the judiciary may use one or more of the above delivery methods to serve legal documents to you, and the judicial authorities may use multiple methods to serve legal documents to you, and the delivery time shall be the first of the above delivery methods. allow. 15.13 You agree that the above delivery methods apply to all stages of judicial procedures. Such as entering into litigation procedures, including but not limited to first instance, second instance, retrial, enforcement and supervision procedures, etc. 15.14 You should ensure that the contact information you provide is accurate, valid, and updated in real time. If the contact information provided is inaccurate, or the changed contact information is not notified in time, so that the legal documents cannot be delivered or are not delivered in time, you shall bear the possible legal consequences arising therefrom. Article 16 Transfer of rights and obligations 16.1 You agree that, for the purpose of the service, the rights enjoyed by AliExpress based on this agreement and the authorization obtained can be transferred, transferred, licensed, sub-licensed, and sub-licensed to affiliated companies in whole or in part. Without the prior written consent of AliExpress, you may not transfer any rights and obligations under this agreement to any third party. Article 17 Dispute Resolution and Others 17.1 For matters not agreed or involved in this agreement, both parties shall implement the platform user agreement and other relevant regulations of the AliExpress platform. 17.2 If any clause or part of the clause of this agreement is deemed invalid or unenforceable, the above clause or part of the clause may be severed, and the remaining part shall still have legal effect. 17.3 The validity, interpretation, modification, execution and dispute resolution of this agreement shall be governed by the laws of the People's Republic of China (excluding the laws of Hong Kong, Macao and Taiwan). In the event of any dispute between Party B and you regarding the performance or interpretation of the platform’s technical services, the two parties shall strive to resolve it through friendly negotiation; if the negotiation fails, both AliExpress and you agree to be under the jurisdiction of the Hangzhou Internet Court. In the event of disputes between Party C and you regarding the performance or interpretation of transaction technical services, all parties shall strive to resolve them through friendly negotiation in accordance with this Agreement and the Transaction Service Agreement (Alibaba.com Transaction Service Agreement); if the negotiation fails, both Party C and you shall have The right to initiate arbitration at the Hong Kong International Arbitration Center (HKIAC).
