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AliExpress.com Dispute Rules for Online Transactions

August 1, 2013

 

Chapter I: General Principles

Chapter II: Products Not Received

1. Detention by Customs

2. Products in Transit

3. Parcel Returned

4. Dispatching to Wrong Address by Supplier

5. Products Received

6. Tracking Number Abnormal

7. Buyer Returned Parcel after Receipt

8. Buyer's Refusal to Accept

9. Supplier unilaterally change the method of transportation

Chapter III: Products Not As Described

1. Differences in Product Descriptions

2. Quality Problem

3. Sale of Fake Products

4. Intangible Products

5. Short Shipment

6. Goods Damaged

Chapter IV: General Provisions

 


 

Thank you for using AliExpress.com online transaction platform for cross-border trading. These AliExpress.com Dispute Rules for Online Transactions provide for the basic principles applicable to trade disputes arising from online transactions conducted on the Platform with a view to safeguarding proper trading order and providing a fair and safe trading marketplace for online transactions on the Platform.

These Dispute Rules provide for the basic principles for those trade disputes which often may arise out of online transactions. However, tremendous varieties of products are available on the Platform, and disputes that may arise in international trading may also be very complicated. For those disputes for which these Dispute Rules have not specifically stipulated the rules, AliExpress.com shall have the full right and discretion to make decisions based on the facts of each case and in accordance with the basic principles set forth in these Dispute Rules, commonly accepted practices in international trading and the supporting materials provided by Buyers and Suppliers. You agree to accept and be bound by the decisions made by AliExpress.com in respect of the trade disputes.

AliExpress.com may amend these Dispute Rules from time to time by posting an amended and restated Dispute Rules on AliExpress.com website. The amended and restated Dispute Rules shall be effective immediately upon posting. Your continued use of the Platform for online trading shall be deemed to be acceptance of the amended Dispute Rules.

AliExpress.com encourages Buyers and Suppliers to solve trade disputes through amicable discussions and negotiations.

Chapter I: General Principles

1. Unless otherwise expressly defined in these Dispute Rules, the terms used in these Dispute Rules shall have the same meanings as used in the Online Transaction Agreement.

"AliExpress.com" means AliExpress.com Singapore E-Commerce Private Limited, a company with limited liability and registered in Singapore.

"Buyer" means a registered buyer member which has registered with AliExpress.com website and buys products online.

"Commercial logistics" mean the method of logistics services mainly through air express, but excluding EMS. The commercial logistics accepted by the Platform include the air express services provided by the following logistic companies: UPS, DHL, FEDEX, TNT, Shunfeng. The term "commercial logistic company" will be interpreted accordingly.

"Customer Service" means the Customer Service department of AliExpress.com.

"Dispute Rules" mean these AliExpress.com Dispute Rules for Online Transactions on the Platform.

"Logistic information" means the information provided by a logistic company for an order inquiry or the information for the logistic status of the products indicated upon enquiry in the official website site of a logistic company.

"Member" means Buyer and/or Supplier.

"Online Transaction" means a transaction which is conducted using the AliExpress.com online transaction platform and in accordance with the Online Transaction Agreement, including a transaction for a product listed on the AliExpress.com website and conducted using the AliExpress online transaction platform.

"Online Transaction Agreement" means the AliExpress.com Online Transaction Services Agreement that AliExpress.com publishes on AliExpress.com website as may be amended from time to time.

"Order" means a sale and purchase order for goods that has been agreed by Buyer and Supplier on the Platform.

"Parcel" means the logistic parcel containing the products of an Order.

"Platform" means the AliExpress.com online transaction platform.

"Products" mean the products which are the subjects for sale stipulated in the Order by Buyer and Supplier.

"Refund" means AliExpress.com refunds to Buyer all or part of the payments of an Order in accordance with the Dispute Rules.

"Release" means AliExpress.com releases to Supplier all or part of the payments of an Order in accordance with the Dispute Rules.

"Supplier" means a registered Supplier member who has registered with AliExpress.com website and sells products online.

"Website" means the AliExpress website and/or the Alibaba.com international English website.

"Website Rules" mean various rules that AliExpress.com publishes on the AliExpress.com website or Alibaba.com website as may be revised from time to time, including without limitation Terms of Use, the Product Listing Policy and Intellectual Property Policy, etc.

2. These Dispute Rules shall only apply to Online Transactions conducted using the Platform and in accordance with the Online Transaction Agreement, and only apply to disputes in relation to trading of goods. Disputes that are not related to trading of goods such as complaints against product listings for alleged infringement of intellectual property rights shall be governed by other corresponding Website Rules.

3. When a dispute arises between Buyer and Supplier, Buyer and Supplier may negotiate to reach a refund agreement. During the step of refund negotiation, Buyer and Supplier are free to communicate with each other to reach a refund agreement as they think is appropriate, and there are no restrictions on how the dispute may be resolved by Buyer and Supplier. In a case where one party might be solely responsible, Buyer and Supplier may still be able to reach an agreement where both of them agree to share the responsibility or risks or one of them agrees to waive his or her rights and interests. If Buyer and Supplier agree that any part of the funds shall be paid to one of them, AliExpress.com will release the funds in accordance with the refund agreement as so agreed upon by Buyer and Supplier. If Buyer and Supplier fail to reach a refund agreement to resolve your dispute during the step of refund negotiation, the dispute will be elevated to a Claim, and AliExpress.com shall handle such dispute in accordance with these Dispute Rules.

4. Records of communications of Members that will be accepted by AliExpress.com include: Order Messages in the Platform, TradeManager (TM) chat records; email messages in the Platform.

5. Unless otherwise expressly stipulated in these Dispute Rules, reference to a "day" means a calendar day with each day starting at GMT 12:00AM.

6. If either Buyer or Supplier is required to provide supporting documents, such supporting documents must be provided within the corresponding prescribed time limit. AliExpress.com is not bound to accept or consider any supporting document submitted beyond the corresponding prescribed time limit.

7. AliExpress.com shall handle the disputes for Online Transactions by electronic communication. Unless AliExpress.com has designated a method by which a Member must submit a document or information or AliExpress.com has given its prior written consent, Member shall use the email address registered with the AliExpress.com to receive notifications, documents, information after he/she has filed a claim. And sign in to the complaint center (http://channel.AliExpress.com/complaint) to view the latest update/status of your complaint and provide evidence to Aliexpress.

8. Transportation by sea is not an accepted method of transportation on the Platform. If any Order is shipped by sea, Buyer and Supplier will have 7 days to negotiate to resolve the dispute. If Buyer and Supplier reach an agreement, AliExpress.com will handle the dispute in accordance with such agreement between Buyer and Supplier. If Buyer and Supplier fail to reach an agreement, AliExpress.com will handle and make the decision on the dispute based on Buyer's request.

9. The principles set forth in Chapter II and Chapter III are applicable to the types of disputes as described therein. If a dispute for any Order involves two or more types of disputes set forth in these Dispute Rules, AliExpress.com shall have the full right and discretion to take into consideration all relevant facts to make the decision for full or partial refund/release as AliExpress.com may consider appropriate.

Chapter II: Products Not Received

1. Detention by Customs

Definition:

If the products under an Order were detained by the customs at the importing country due to the customs' requirements and Buyer does not receive the products, please note the following. Possible reasons causing detentions of products by customs include but are not limited to:

(1) the importing country restricts the importation of the products

(2) customs duties are higher, and Buyer is unwilling to pay the duties to complete the customs clearance.

(3) the products are destroyed by the customs of the importing country because the products under the Order infringe intellectual property rights or are fake goods, or are prohibited from being imported into the importing country.

(4) the declared value of the products are not consistent with the actual value of the products, therefore Buyer has to pay a fine at the importing country.

(5) Supplier fails to produce any document as required by the importing country

(6) Buyer fails to produce any document as required by the importing country.

Note: If the products are detained by the customs of the importing country, the logistic status are commonly shown as: "handed over to customs" (EMS), "clearance delay" (DHL), or "Dougne" (in France)

Documents Required:

1. In these cases, Buyer should provide proof for detention by the customs of the importing country to show the reasons of detention.

2. Supplier should provide information on the reasons for detention that the customs of the importing country provides to the logistic company, if any.

Customer Service Actions:

To resolve this dispute, AliExpress.com will ask Buyer and/or Supplier to provide the information and evidence to prove the reasons for customs detention within 7 days.

Principles:

1. After AliExpress.com notifies Buyer to complete customs clearance at the importing country, if Buyer takes possession of the products within the time limit prescribed by AliExpress.com, AliExpress.com will release the funds in full to Supplier.

2. If the customs clearance is not completed for the products due to Buyer’s default and as a result the products are destroyed or confiscated by the customs, Buyer shall be responsible for breach of contract, and Supplier shall be considered as having performed his or her obligations. Accordingly, AliExpress.com shall release the funds in full to Supplier.

3. If the package is returned to Supplier due to Buyer’s default, the case will be handled in accordance with the principles of Section 3 "Package Returned".

4. If Buyer is unable to complete customs clearance and has provided the proof for detention by customs, AliExpress.com will determine whether the detention is the Buyer's responsibility or the Supplier's responsibility based on the following principles:

(1) Supplier's responsibility: if customs clearance cannot be completed due to the fact that the products infringe intellectual property rights or are fake goods, Supplier shall bear the sole responsibility.

(2)Supplier's responsibility: if the products are detained because the declared value of the products are not consistent with the actual value (either lower or higher), Supplier shall provide the pro forma invoice and other necessary documents to prove the value of the products in accordance with the requirements of the customs of the importing country and assist Buyer in completing the customs procedures.

a) If Buyer successfully completes the customs clearance and takes possession of the products, Supplier shall be considered as having performed his or her obligations. Accordingly, AliExpress.com will release the funds in full to Supplier.

b)If Buyer is still unable to complete the customs clearance and is imposed a fine, AliExpress.com shall refund to Buyer an amount equivalent to the fine (the financial charges for the refund will be borne by Supplier). Buyer shall pay the fine and then complete the customs clearance to claim and take the products. The remaining amount of the Order will be released to Supplier.

(3)Buyer's responsibility: Import duties and taxes—if Buyer fails to pay import duties/taxes as required, Buyer shall bear the sole responsibility.

(4)Buyer's responsibility: Licensing requirements imposed on Buyer for importation— according to the law of the importing country, Buyer must have obtained qualification or other license or permit in order to import the relevant products. If Buyer fails to provide the relevant qualification or license or permit and as a result the products are detained by the customs of the importing country, Buyer shall bear the sole responsibility.

(5) Supplier's responsibility: Licensing requirements imposed on Supplier by the importing country—according to the law of the importing country, Supplier must have obtained any qualification or other license or permit in order to import the relevant products to the importing country. If Supplier fails to provide the relevant qualification or license or permit and as a result the products are detained by the customs of the importing country, Supplier shall bear the sole responsibility. Supplier shall take the initiative to check with Buyer about any qualification or licensing requirements in the importing country. The following are some common license requirements:

a) The European Union requires CE certification for electronic products

b) REACH certification (requirements in the European Union for chemical and other products), in case of chemical products, REACH registration is required; in case of other products, REACH testing is required.

c) RoHS: certain restrictions applicable to electronic products

d) EN (Europe), CPSIA (USA): regulations applicable to toys

e) Routine chemical testing for textile products (OKTEX-100)

f) Requirements regarding REACH testing, RoHS, EN, CPSIA, OKTEX-100 are about restrictions concerning hazardous substances.

(6)Supplier's responsibility: Documentation required from Supplier—if Supplier fails to provide all the documentations required by the customs of the importing country, Supplier shall bear the sole responsibility. An example would be if Supplier fails to provide the invoice, customs declaration form, packing list or certificate of origin (usually USA requires the submission of the certificate e of origin), etc. Supplier shall take the initiative to check with Buyer about what documentation is required by the importing country and provide such required documentation accordingly.

(7)Supplier's responsibility: If the HS code (usually relevant to refund of customs duties) is in conflict with the actual product, Supplier shall bear the sole responsibility.

2. If Buyer is unable to provide proof for detention by the customs, he or she should check if the logistic company has any information from customs. Supplier may also provide logistic information from commercial logistic companies such as UPS, DHL to prove the reasons for detention by the customs.

(1)Buyer's responsibility: if it is shown in the logistic information that the package has been delivered to the customs agent designated by Buyer (e.g., it is shown in the website of the logistic company as "delivered to broker as requested"), Buyer shall bear the sole responsibility.

(2)Buyer's responsibility: if it is shown in the logistic information that Buyer refuses to pay the import duties/taxes (e.g., it is shown in the website of the logistic company as "receiver refuses to pay duty/taxes"), Buyer shall bear the sole responsibility.

(3)Buyer's responsibility: if the products are prohibited from being imported into the importing country, Buyer shall bear the sole responsibility.

(4) If the website of the logistic company shows that the products are detained by the customs of the importing country and Buyer is required to provide proof of payment, e.g. DHL's website may show Shipment held – available upon receipt of payment VILNIUM – LITHUANIA Clearance processing complete at VILNIUS – LITHUANIA

a) If this involves payment of fines, the case will be handled according to the principles of Sub-section 4-(2) above;

b) If this involves payment of import duties/taxes, the case will be handled according to the principles of Sub-section 4-(3) above.

2. Products in Transit

Definition:

An Order is considered "in transit" if the logistics company responsible for the parcel has confirmed "received for delivery" but has not deemed the parcel "delivered". Possible order status used to indicate this state include but are not limited to (i) departed from China, (ii) departed and sent to some place, (iii) arrived at XX post office, and (iv) unsuccessfully delivered.

Documents Required:

Supplier should, within 3 days, provide the supporting documents to prove the logistic status of the products such as copies of the waybill for dispatching the parcel, screenshot for the logistic information on the logistic company's website, or proof of successfully delivery.

Customer Service Actions

To resolve this dispute, AliExpress.com will remind Buyer to withdraw the dispute request if Buyer has already received the products.

Principles:

1. If the method of transportation for the Order uses air post or EMS: if it has been more than 60 days from the date of dispatch by Supplier, Supplier will have another 7 days response period to provide the proof of successful delivery. In the meantime, Buyer will be reminded to withdraw the dispute request if Buyer has received the products.

At the end of the response period for Supplier, if any of the two following conditions is fulfilled, i.e., either (i) Supplier provides the proof of successful delivery or (ii) Buyer withdraws the dispute request, Supplier will be considered as having performed its obligations, and accordingly AliExpress.com can release the funds in full to Supplier.

At the end of the response period for Supplier, if Supplier fails to provide the proof of successful delivery and Supplier will be considered in default and accordingly, AliExpress.com will refund the funds in full to Buyer.

2. If the method of transportation for the Order uses commercial logistics such as UPS, DHL, etc: Commercial logistic companies usually update the logistic information timely. In case Supplier provides the waybill for dispatching the parcel, AliExpress.com may first recommend Buyer to wait. Subsequently based on the updated logistic information, AliExpress.com will make the decision on whether Supplier or Buyer shall be held responsible.

Special Cases

When Buyer raises a dispute request, if the website of the logistic company still does not indicate that the parcel has departed out of the exporting country of Supplier, AliExpress.com may determine that the parcel is at abnormal status. AliExpress.com will recommend Supplier to contact the logistic company to get the parcel back and in the meantime will refund the funds in full to Buyer.

3. Parcel Returned

Definition:

Parcel is returned if the parcel for the products under the Order was returned to Supplier, which was caused by one of the following reasons due to Buyer:

Reason 1: The delivery address provided by Buyer is incorrect or incomplete;

Reason 2: The parcel was directly returned because the customs clearance had not been completed by Buyer.

Documents Required:

Supplier should provide copies of the waybill of dispatching the products to verify whether Supplier used the correct delivery address of Buyer.

Customer Service Actions:

To resolve this dispute, AliExpress.com will remind Supplier to provide copies of the waybill of dispatching the products and the logistic information.

Principles:

1. If the parcel was returned due to Buyer’s default, which shall be determined by the terms and conditions set forth in these Dispute Rules, Buyer shall be responsible for the cost incurred by the return, including the shipment charges for dispatch and return.

In case the shipment charges for the Order are indicated to be free shipping, Supplier will not be entitled to any compensation for the shipment charges for dispatch, and the payments for the Order will be refunded to Buyer in full.  Notwithstanding the forgoing, Supplier will be compensated for the shipment charges for return if Supplier is required by the logistic company to pay such charges.  The compensation amount will be deducted from the payments for the Order, and the remaining amount will be refunded to Buyer.

2. If the parcel was returned due to Supplier’s default, which shall be determined by the terms and conditions set forth in these Dispute Rules, , this will not be considered as a Buyer's responsibility, and Buyer will not be required to compensate Supplier for the shipment charges. Once the logistic information indicates that the parcel has been returned, the payments for the Order will be refunded in full to Buyer.

3. The logistic information indicates that the parcel has been returned within China— regardless of whether Supplier has received the products, the parcel will be considered as having been returned to Supplier. Supplier will be recommended to contact the logistic company to take the parcel back.

4.If the parcel is returned due to Buyer's refusal to accept the parcel, Section 8 "Buyer's Refusal to Accept" will apply.

4. Dispatching to Wrong Address by Supplier

Definition:

If Buyer does not receive the products because the products have been dispatched to a wrong address (A wrong address is an address which is neither as described in the Order nor as agreed by both parties), it may be due to any of the following reasons:

Reason 1, Supplier has used a wrong delivery address;

Reason 2, the logistic company has been delivered the parcel to a wrong address.

Note: Wrong shipment address means the logistic information indicates any of the following circumstances with regard to the actual delivery address and Buyer's designated delivery address:

(i) the country information is inconsistent; or (ii) although the country information is consistent, the information for city and street is inconsistent.

Documents Required:

Supplier should provide copies of the waybill of dispatching the products, or communication records that Buyer has requested to change the delivery address.

Customer Service Actions:

1. To resolve this dispute, AliExpress.com will verify whether the delivery address in Supplier's waybill of dispatching the products is consistent with Buyer's designated delivery address.

2. If the delivery address in Supplier's waybill of dispatching the products is not consistent with Buyer's designated delivery address and Supplier fails to provide evidence that Supplier has modified the delivery address at Buyer's request, AliExpress.com will determine that Supplier has dispatched the products to a wrong delivery address. This will be considered as Supplier's responsibility.

Principles:

If AliExpress.com determines that Supplier has dispatched the products to a wrong delivery address, AliExpress.com will recommend Supplier to first contact the logistic company to change Buyer's delivery address. If Buyer receives the products within a reasonable time after Supplier has changed Buyer's delivery address, Supplier will be considered as having performed its obligations, and accordingly AliExpress.com will release the funds in full to Supplier. If Buyer still does not receive the products within a reasonable time after Supplier has changed Buyer's delivery address, AliExpress.com will recommend Supplier to contact the logistic company to take the products back. This will be considered as Supplier's sole responsibility. AliExpress.com will refund the funds in full to Buyer.

Special Cases:

1. If Supplier has provided a wrong delivery address due to Buyer's reason resulting in Buyer's non-receipt of the products, AliExpress.com will normally also recommend Supplier to contact the logistic company to change Buyer's delivery address. AliExpress.com will determine whether all or part of the funds should be released to Supplier or refunded to Buyer based on the whereabouts of the products, the default, mistake or performance of the obligations by Buyer and Supplier.

2. If Buyer claims that he has changed the original delivery address but fails to provide evidence that Supplier has been agreed on the change of address, Supplier will be considered as having performed its obligation if Supplier has dispatched the parcel to the delivery address originally designated by Buyer. And accordingly, AliExpress.com will release the funds in full to Supplier.

5. Products Received

Definition:

If the logistic information indicates that the parcel has been delivered successfully, AliExpress.com can determine that Buyer has received the products.

Documents Required:

Supplier should provide evidence that the products have been delivered successfully such as copies of the waybill of dispatching the products, screenshot of the logistic information on the logistic company's website, proof of successful delivery.

Customer Service Actions:

1. AliExpress.com will check the website of the logistic company about whether the products have been successfully delivered.

2. AliExpress.com will contact Buyer to verify whether Buyer has received the products and whether there are any problems with the products received by Buyer and Buyer will have 3 days to respond.

If within the response period Buyer responds that Buyer has received the products or withdraws the dispute, Supplier will be considered as having performed its obligations, and accordingly AliExpress.com will release the funds in full to Supplier.

If Buyer fails to respond within the response period, AliExpress.com shall have the right to handle and make the decision on the disputes based on the principles set forth below as well as the logistic information available on the logistic company's website.

3. Within the response period, if Buyer has notified AliExpress.com that it has not received the products, AliExpress.com will notify Supplier to provide proof for successful delivery within 3 days.

Principles:

1. Determination for successful delivery

(1)The delivery information shown in the waybill for dispatching the products provided by Supplier is consistent with the shipping address as agreed by Buyer and Supplier, and is also consistent with the logistic information for delivery from the logistic company.

(2)The delivery information shown in the waybill for dispatching the products provided by Supplier is consistent with the shipping address as agreed by Buyer and Supplier, but is not consistent with the logistic information for delivery from the logistic company. These circumstances include the following:

a) The information on the country, city and time of dispatching is consistent, but the information on post code and the receiver who signs to accept the products is inconsistent (including no post code is shown on the logistic company's website);

b) The information on the country and city is consistent, but the information on city and post code is inconsistent and the logistic company's website does not provide any information of the receiver.

c) The information on the time of dispatch is consistent, but the information on the country, city, post code and the receiver is inconsistent.

d) The information on the time of dispatch is inconsistent.

The circumstances set forth in sub section (2) are due to issues in the logistics. AliExpress.com will require Supplier to provide the proof of successful delivery within a response period prescribed by AliExpress.com. If Supplier fails to provide the proof of successful delivery, this will be considered as Supplier's sole responsibility, and accordingly AliExpress.com will refund the funds in full to Buyer. Supplier may apply to the logistic company to claim compensation according to its relevant compensation rules.

 6. Tracking Number Abnormal

Definition:

Tracking number is abnormal if the tracking number provided by Supplier in the Platform for the Order is not available in the logistic company's website, or the tracking number refers to two or more than two Orders. Alternatively, it is abnormal if the logistic information in the logistic company's website is inconsistent with Buyer's delivery address, e.g., Buyer's delivery address is in USA, but the logistic information for the corresponding tracking number shows that the products have been shipped to Russia.

Customer Service Actions:

In order to resolve the dispute, AliExpress.com will require Supplier to provide a correct tracking number and other proof of dispatch such as the invoice for dispatching the products within 3 days. If Supplier provides the proof of dispatch within the prescribed response time, AliExpress.com shall classify the case according to the logistic information shown based on the proof of dispatch and then follow up with Buyer and Supplier respectively. In case Supplier fails to provide the proof of dispatch, Supplier will bear the sole responsibility, and accordingly AliExpress.com will refund the funds in full to Buyer. In the meantime, AliExpress.com will mark this dispute case as "failure to dispatch", and thereafter may impose penalties on Supplier according other relevant Website Rules.

7. Buyer Returned Parcel after Receipt

Definition:

1. Buyer has returned parcel if Buyer and Supplier have reached an agreement that Buyer will return the products back to Supplier (provided that Supplier agrees to Buyer to return the products, when Supplier receives the returned products, Supplier may not raise any dispute on the ground that the products have no problem but Buyer returns the products with no proper reason.); or

2. Buyer is dissatisfied with the products received, and has returned the products to Supplier without having discussed with Supplier (excluding direct returns due to Buyer's refusal to accept the products, which will be subject to Section 8 Buyer's Refusal to Accept")

Customer Service Actions:

1. To resolve this dispute, AliExpress.com will require Buyer to provide the tracking number, copies of the invoice for dispatching and other proof of logistics for the return within a time period prescribed by AliExpress.com. If Buyer fails to provide the proof logistics services for the return, Buyer will be considered as having not returned the products, and accordingly AliExpress.com will release the funds in full to Supplier.

2. If Buyer has provided the tracking number for the return, AliExpress.com will check with Supplier whether Supplier has received the returned products.

Principles:

Different principles will apply depending on whether the delivery address under the relevant tracking number for the return by Buyer is the delivery address confirmed by Supplier.

1. If delivery address under the relevant tracking number for the return is the delivery address confirmed by Supplier.

(1)If the logistic information for the return indicates that the products have been returned to within China (including any post office within China) or Supplier notifies AliExpress.com that Supplier has received the returned products, Supplier will have7 days to inspect the returned products. Within this 7 days period, if Supplier does not respond to AliExpress.com that there are problems with the products, AliExpress.com will refund the funds in full to Buyer. Within this 7 days period, if Buyer responds to AliExpress.com indicating that there are problems with the returned products and providing the relevant evidence, AliExpress.com will handle and make the decision on whether the funds will be released or refunded in whole or part based on all the relevant facts such as the reasons for returns by Buyer.

(2)If the logistic information does not indicates that the products have been returned within China and Supplier notifies AliExpress.com that Supplier has not received the returned products, Buyer will have 7 days to provide proof of logistics that the products have been returned to within China. If Buyer fails to provide such proof within the prescribed time period, AliExpress.com will have the right to release the funds in full to Supplier.

2. If delivery address under the relevant tracking number for the return is different from the delivery address confirmed by Supplier.

(1)Supplier notifies AliExpress.com that Supplier has received the returned products. Supplier will have 7 days to inspect the returned products. Within this 7 days period, if Supplier does not respond to AliExpress.com that there are problems with the products, AliExpress.com will refund the funds in full to Buyer. Within this 7 days period, if Buyer responds to AliExpress.com indicating that there are problems with the returned products and providing the relevant evidence, AliExpress.com will handle and make the decision on whether the funds will be released or refunded in whole or part based on all the relevant facts such as the reasons for returns by Buyer.

(2)If Supplier notifies to AliExpress.com that Supplier has not received the returned products, AliExpress.com will require Buyer to contact the logistic company to check the logistic information. During a reasonable time period, if Supplier still claims that it has not received the products, AliExpress.com will have the right to release the funds in full to Supplier.

Special Cases:

1. Buyer returns the products—if Buyer fails to provide the copy of the waybill of dispatching for return or the tracking number of the logistic company, but provides the invoice or receipt issued by the logistic company to prove that Buyer has dispatched the returned products, Buyer will be considered as having dispatched the returned products, and AliExpress.com will notify Supplier to wait for the returned products.

2. For products returned by Buyer, Supplier shall have the obligations to complete the customs clearance. If Supplier refuses to conduct customs clearance resulting in the products being confiscated or destroyed by the China customs, Supplier will bear the sole responsibility. Buyer will be considered as having performed its obligations, and accordingly AliExpress.com will refund the refunds in full to Buyer.

8. Buyer's Refusal to Accept

Definition:

1. Buyer refused to accept with proper reasons—this means that Buyer refuses to accept the products on the spot when the products are delivered to Buyer (or Buyer's representative) because of visible damage or losses to the products or non-conformity with the Order, such as damage to the products, shortage, serious non-conformity with the product descriptions (principles for serious non-conformity are set forth in Chapter 3).

2. Buyer refused to accept without proper reasons—this means that after Supplier dispatches the products, Buyer indicates that he or she does not want this order and refuses to accept the products when the products are delivered to Buyer (or Buyer's representative).

Customer Service Actions:

1. When Buyer refused to accept with proper reasons, AliExpress.com will require Buyer to provide a certification report for the damage or loss to the products or other certification documents certifying the non-conformity with the Order in order to prove that there are defaults in the products.

2. AliExpress.com will also contact the logistic company to check about the status of dispatch and delivery and whether Buyer refuses to accept the products due to reasons attributable to the products.

3. If Buyer refused to accept due to serious non-conformity with product descriptions, AliExpress.com will also check Supplier's transaction information about whether there is any dishonest conduct in Supplier's activities. If yes, AliExpress.com will refund the funds in full to Buyer and will impose the penalties according to the relevant Website Rules.

Principles:

1. If Buyer refused to accept without proper reason:

AliExpress.com will notify Buyer that Buyer has agreed to accept this Order when it pays for the Order. After Supplier's dispatch of the products, Supplier also has performed its obligations. Therefore, if Buyer then decides not to accept the products, Buyer will be considered as in default and will bear the sole responsibility. Therefore, AliExpress.com will require Buyer to contact the logistic company to collect the parcel within 7 days. If Buyer fails to collect the parcel resulting the parcel being returned to Supplier, AliExpress.com will make the decision based on the following principles:

(1)If the method of transportation used EMS or air post—since the returning of the parcel does not incur additional postages, Alibab.com may recommend Supplier to wait for the returned products. Once the logistic information indicates that the products are returned, AliExpress.com will deduct the shipment charges from the payments for the Order to compensate Supplier and the will refund the remaining amount for the Order to Supplier. If the Order has stipulated the transportation charges, the deducted amount will be equivalent with such transaction charges. If the Order does not expressly stipulate the shipment costs or indicates that the order is free shipping, Supplier must provide the invoices or receipts for the actual shipping costs incurred. Supplier should provide the invoices or receipts for the shipment charges within 5 days, otherwise AliExpress.com may refund the funds in full to Buyer.

(2)If the method of transportation used commercial logistic services—since the refund of the products will be submit to payments, the logistic company often will ask for Supplier's opinion whether to agree to return of the products.AliExpress.com will handle and make the decision for refund or release to the funds in whole or in pass based on the charges for the return, the total value of the Order, etc.

2. If Buyer refused to accept with proper reason:

(1)Buyer provides the certification report on the damage or loss to the products or other certification proving that the products do not comply with the requirements of the Order. Alternatively, AliExpress.com will contact the logistic company and if it can be confirmed that there are damage or losses to the products. In these circumstances, Buyer will be considered as having refused to accept with proper reasons and Supplier will bear the sole responsibility. AliExpress.com will then refund the funds in full to Buyer. Supplier should contact its logistic company to collect the products. In case the damage or losses to the property was due to the logistic company's responsibility, Supplier will by itself apply to the logistic company for compensation according to its relevant compensation rules.

(2)Buyer fails to provide the certification report on the damage or loss to the products or other certification proving that the products do not comply with the requirements of the Order. In addition, the logistic company does not respond that there are issues with the products delivered. If AliExpress.com finds out that there is any dishonest conduct on the part of Supplier regarding the Order, AliExpress.com will refund the funds in full to Buyer. If Supplier's conduct with regard to the Order is normal, Buyer will be considered as having refused to accept the products without proper reasons. The principles on Buyer refused to accept without proper reason.

Special Cases:

1.If Buyer cancels the Order after confirmation of the order, Supplier insists on delivering the products, and then Buyer raises a dispute request on the ground that Supplier unilaterally forces delivery: AliExpress.com will verify the time of dispatching the parcel (information on the time of posting on the logistic company's website will govern). If the time of dispatching the parcel was prior to Buyer's request to cancel the Order, Buyer's dispute request will not be upheld and the principles for Buyer's refusal to accept without proper reasons will apply. AliExpress.com will make the decision based on the principles for Buyer's refusal to accept without proper reasons. If the time of dispatching the parcel was later than Buyer requested to cancel the Order, Supplier will bear the sole responsibility. AliExpress.com will make the decision based on the principles for Buyer's refusal to accept with proper reasons.

9. Supplier unilaterally change the method of transportation

1. Buyer has received the products, but has been dissatisfied with the fact that Supplier did not use the method of transportation stipulated in the Order.

(1) Supplier has indicated in the Order that the order is free shipping and the commercial logistic services will be used for delivery. However, Supplier has chosen to use transportation by air post or EMS, causing delay in receipt of the products by Buyer. Supplier should be partially responsible and should negotiate with Buyer for partial refund. In case Buyer and Supplier reach an agreement on the amount of partial refund, AliExpress.com will treat the case to dispose the fund according to the agreement between Buyer and Supplier. If Buyer and Supplier are unable to reach an agreement, AliExpress.com will treat the case for partial refund and the standard of partial refund is at the rate of 0.5% of the total value of the Order for each day of delay, provided that the refund amount will not be lower than 2% and will not exceed 50% of the total value of the Order.

(2)The commercial logistic services are stipulated in the Order, and Buyer has paid the relevant shipment charges. However, Supplier used air post or EMS for shipment. Supplier should be responsible to refund the shipment charges to Buyer. The shipment charges will be deducted from the payments for the Order and refunded to Buyer, and the remaining amount will be released to Supplier.

(3)If Supplier has changed the method of transportation with the result that the products do not arrive at the delivery address specified by Buyer and Buyer has to collect the products in another post office in the same city, Supplier will be partially responsible. Supplier will be required to negotiate with Buyer for partial refund.

2. The above principles apply to the circumstances where Buyer has received the products. If Buyer has not received the products, Section 2 "Products in Transit" will apply. If Supplier fails to provide the proof of successful delivery and Supplier will be considered in default and accordingly, AliExpress.com will refund the funds in full to Buyer.

 

Chapter III: Products Not As Described

1. Differences in Product Descriptions

Definition:

If the products Buyer has received differ from the product descriptions posted in the relevant product listings in Supplier's Company Website on the Sites in terms color, size, brand, style, models, etc., the following apply.

Documents Required:

Buyer should provide the supporting documents such as the photos or videos of the products received, video footages, records of communication with Supplier, etc to prove that the products received are different in product descriptions.

Customer Service Actions:

If the evidence Buyer provided during the initial stage for refund agreement is not sufficient, AliExpress.com can request Buyer to provide additional supplementary evidence to support its claim within 3 days. AliExpress.com will determine the extent how the products received differ in the product descriptions based on the evidence received.

Principles

1. Cases of differences in product descriptions may be categorized into the following categories.

(1)Color not as described

Evidence needed: The photos of the products Buyer has received, and the photos in the relevant product listings in Supplier's Company Website on the Sites and records of communications between Buyer and Supplier

(2)Exterior appearance or package not as described (limited to product's own packaging only (e.g., the packaging box for mobile phones), excluding outer packing materials used by the post office or Supplier)

Evidence needed: The photos or videos of the products Buyer has received, and the photos in the relevant product listings in Supplier's Company Website on the Sites, photos of the packaging and records of communications between Buyer and Supplier

(3)Model/Style/Size not as described

Evidence needed: The photos of the products, their exterior packaging and user manual of the products Buyer has received, and records of communications between Buyer and Supplier.

(4)Brand not as described: Supplier indicates in the relevant product listing that the product bears a particular brand, but the product in fact bears a different brand or no brand

Evidence needed: The photos of the products Buyer has received, and the photos in the relevant product listings in Supplier's Company Website on the Sites and records of communications between Buyer and Supplier.

(5)Functions not as described

Evidence needed: The photos of the menu list of the products Buyer has received, user manual, the photos of the function list and records of communications between Buyer and Supplier.

2. AliExpress.com recommends that Supplier and Buyer negotiate with each other to reach a settlement either for partial refund or for full refund with products returned. Supplier and Buyer may negotiate with each other through Order Message functions or by email.

(1)AliExpress.com may notify Buyer and Supplier of a normal reasonable range of refund based on the sufficient evidence. Supplier and Buyer may negotiate with each other for a settlement. If Buyer and Supplier reach an agreement, AliExpress.com will handle the case and dispose the funds in accordance with the agreement between Buyer and Supplier.

(2)If Buyer and Supplier are unable to reach a settlement agreement for full refund with the products returned, AliExpress.com will handle the dispute for partial refund. AliExpress.com will have the full right and discretion to determine the refund amount based on all the relevant facts such as the types of the products, the types and extent products are different in product descriptions, a normal reasonable range of refund, etc.

(3)If Buyer and Supplier are unable to reach a settlement agreement for partial refund AliExpress.com will have the full right and discretion to determine the refund amount based on all the relevant facts such as the types of the products, the types and extent products are different in product descriptions, a normal reasonable range of refund, etc.

2. Quality Problem

Definition:

If there is a problem in quality or usage in the products received by Buyer, e.g. an electrical appliance is unusable or of low quality, etc., the following apply.

Documents Required:

Buyer should provide the supporting documents such as the photos or videos of the products received, video footages, records of communication with Supplier, etc to prove that the products received have a quality problem.

Customer Service Actions:

If the evidence Buyer provided during the initial stage for refund agreement is not sufficient, AliExpress.com can request Buyer to provide additional supplementary evidence to support its claim within 3 days. AliExpress.com will determine the extent that the products have a quality problem based on the evidence received.

Principles:

AliExpress.com recommends that Supplier and Buyer negotiate with each other to reach a settlement either for partial refund or for full refund with products returned. Supplier and Buyer may negotiate with each other through Order Message functions or by email.

1. AliExpress.com may notify Buyer and Supplier of a normal reasonable range of refund based on the sufficient evidence. Supplier and Buyer may negotiate with each other for a settlement. If Buyer and Supplier reach an agreement, AliExpress.com will handle the case and dispose the funds in accordance with the agreement between Buyer and Supplier.

2. If Buyer and Supplier are unable to reach a settlement agreement for full refund with the products returned, AliExpress.com will handle the dispute for partial refund. AliExpress.com will have the full right and discretion to determine the refund amount based on all the relevant facts such as the types of the products, the types and extent of the quality problem, a normal reasonable range of refund, etc.

3. Sale of Fake Products

Definition:

If the products sold by Supplier are fake or infringe intellectual property rights, and AliExpress.com has received a complaint from Buyer or the right holder or the authorized agent of the relevant brand, differing degrees of consequences may apply.

Serious breach for sale of fake products: the fake or infringing products sold by Supplier involve any brand listed in the well-known brand list posted on the Platform.

Documents Required:

Buyer should confirm which brand the products in question might have infringed on, and also provide supporting documents such as the photos of the products Buyer has received, and the photos in the relevant product listings in Supplier's Company Website on the Sites to prove that the products received are fake products.

Customer Service Actions:

AliExpress.com will then request Supplier to provide the proof of authenticity that the products it sells are genuine products within 3  days (e.g., certificate of authorization issued by the right holder or its authorized agent of the brand, permit for sales and operations).

Principles:

If Supplier provides the proof of authenticity within the prescribed time limit, AliExpress.com will handle and make the decision on the dispute like other normal trade disputes. If Supplier fails to provide the proof of authenticity within the prescribed time limit, Supplier will be considered as selling fake products, and accordingly AliExpress.com will refund the funds to Buyer according to Buyer's request.

4. Intangible Products

Definition:

Intangible product means a product which does not take a physical form, such as a software key.

Principles:

Supplier is not permitted to conduct any online transactions for intangible products on the Platform. If Supplier is found to have sold any intangible product on the Platform, Supplier will take the sole responsibility, and AliExpress.com will refund the funds in full to Buyer.

5. Short Shipment

Definition:

The quantity of the products that Buyer has received is less than the quantity ordered by Buyer in the Order.

Customer Service Actions:

1. Buyer may be required to provide the proof of weight for the products received within 10 days, such as the quantity and weight information expressly stated on the receipt document, or the photo of Buyer weighing the products.

2. Supplier may also be required to provide the proof of weight for the products delivered within 3 days. Supplier's proof of weight mainly means the waybill for dispatching the products which indicate the quantity and weight of the products.

 

Principles:

1. Based on the evidence provided by Buyer and Supplier, AliExpress.com will recommend the parties to negotiate to reach a settlement either for partial refund or for full refund with the products returned. If Buyer and Supplier do not reach a settlement within 3 days, AliExpress.com will make the decisions according to the principles set out below in this Section.

2. If Supplier is able to provide evidence that the quantity of the products is consistent with the Order when dispatching the parcel, and Buyer has accepted the products on the spot when the products are delivered to Buyer (or Buyer's representative), Buyer shall bear sole responsibility of the short shipment. AliExpress.com will release the funds in full to Supplier.

 

6. Goods Damaged

Definition:

There are different degrees of damage in exterior packaging of the products Buyer has received (limited to product's own packaging only e.g., the packaging box for mobile phones, excluding outer packing materials used by the post office or Supplier) or in the products themselves

Documents Required:

Buyer should provide the supporting documents to prove that there is damage in the products such as the photos of the products received, video footages, records of communication with Supplier, certification on the damage of the products.

Customer Service Actions:

If the evidence Buyer provided during the initial stage for refund agreement is not sufficient, AliExpress.com can request Buyer to provide additional supplementary evidence to support its claim within 10 days. AliExpress.com will determine the extent of any damage in the products based on the evidence received.

Principles:

1. AliExpress.com recommends that Supplier and Buyer negotiate with each other to reach a settlement either for partial refund or for full refund with products returned. Supplier and Buyer may negotiate with each other through Order Message functions or by email.

2. Buyer is responsible for checking the products before accepting the parcel. If the packaging has been damaged before Buyer receives the products, Buyer shall raise the dispute for the Order on the Platform within 3 days from the receipt of the parcel. Buyer should also contact the logistic company to obtain certification of damage as proof, and provides that certification to AliExpress.com. If Buyer does not raise the dispute within 3 days, AliExpress.com may refuse to accept Buyer's claim. Buyer shall bear sole responsibility, and accordingly AliExpress.com will release the funds in full to Supplier.

3. If Buyer raised the dispute within 3 days from the receipt of the parcel, AliExpress.com may notify Buyer and Supplier of a normal reasonable range of refund based on the sufficient evidence. Supplier and Buyer may negotiate with each other for a settlement.

a) If Buyer and Supplier reach an agreement, AliExpress.com will handle the case and distribute the funds in accordance with the agreement between Buyer and Supplier.

b) If Buyer and Supplier are unable to reach a settlement agreement for full refund with the products returned, AliExpress.com will handle the dispute for partial refund. AliExpress.com will have the full right and discretion to determine the refund amount based on all the relevant facts such as the types of the products, the degree of damage in the products, a normal reasonable range of refund, etc.

c)  If Buyer and Supplier are unable to reach a settlement agreement for partial refund AliExpress.com will have the full right and discretion to determine the refund amount based on all the relevant facts such as the types of the products, the degree of damage in the products, a normal reasonable range of refund, etc.

Chapter IV: General Provisions

1. Buyer may pay an Order by credit card and may apply for chargeback with the issuer of the credit card in addition to raising a dispute request on the Platform. If AliExpress.com receives the notice of chargeback requested by Buyer before AliExpress.com makes the decision on the dispute raised on the Platform according to these Dispute Rules, AliExpress.com will suspend the decision on the dispute raised on the platform pending the decision of the credit card issuer. AliExpress.com will follow the decision rendered by the credit card issuer. Supplier should provide AliExpress.com with all the documents required by the credit card issuer in a timely manner so that AliExpress.com may respond to the issuer on Supplier's behalf.

2. These Dispute Rules shall be governed by the laws of the Hong Kong Special Administrative Region (“Hong Kong”) without regard to conflict of law principles. In case a dispute arises between Buyer and Supplier from or in connection with an Online Transaction, if the dispute is not resolved through amicable negotiation, you agree to submit the dispute to the Hong Kong Arbitration Centre (“HKIAC”) for arbitration.

3. If either Buyer or Supplier has also violated any of other Website Rules, AliExpress.com shall have the right to impose penalties against the Member according to the relevant Website Rules.

4. Unless otherwise expressly stipulated in the Dispute Rules, when AliExpress.com releases or refunds the fund, AliExpress.com shall have the right to deduct the financial charges charged by the bank or a third payment service provider on the remittances.

5. In case there is any conflict between the provisions of the English language version of these Dispute Rules and those of another language version, the provisions of the English language version shall prevail.

 

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