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Alibaba.com Rules for Online Transactions under Fulfillment Solutions


These Alibaba.com Rules for Online Transactions under Fulfillment Solutions (these “Rules”) apply to online sale and purchase transactions in which Buyers and Supplier select and purchase any of the warehousing and fulfillment services (“Fulfillment Solutions”) available on the www.aliexpress.com and/or www.alibaba.com websites.


1. Fulfillment Solutions

1.1 The Fulfillment Solutions are provided by third party independent partners of Alibaba.com to provide Buyers and Suppliers on the Site with alternative solutions relating to warehousing and logistic matters for their online sale and purchase transactions on the Site. To use the Fulfillment Solutions services, both Buyer and Supplier must have selected the relevant Fulfillment Solution services for their order.
1.2 The Fulfillment Vendor is an independent third party service provider. Buyers and Suppliers are required to separately agree to the terms of services and rules of the Fulfillment Vendor on the Site.


2. Transaction Procedures

2.1 If Buyer and Supplier select the Fulfillment Solution services for their order and no dispute arises, the Transaction will go through the following procedures:

  • Buyer confirms the purchase order for the merchandise;
  • Buyer pays the transaction price to the Alipay Account designated by Alibaba.com. The transaction price covers the price for the merchandise purchased and costs of delivery to the Fulfillment Warehouse within the mainland China and exclude costs for the onward delivery from the Fulfillment Warehouse to Buyer;
  • Supplier delivers the merchandise to the Fulfillment Warehouse;
  • The Fulfillment Vendor inspects and confirms the receipt of the merchandise received;
  • Buyer confirms the order of onward delivery from the Fulfillment Warehouse to Buyer’s address outside the mainland China;
  • Buyer pays the Fulfillment service fees to the Alipay Account designated by Alibaba.com;
  • The Fulfillment Vendor delivers the merchandise from the Fulfillment Warehouse to Buyer’s address according to Buyer’s logistics order;
  • Buyer inspects and accept the delivery of the merchandise;
  • Alibaba.com instructs Alipay to release the transaction price received to Supplier and the Fulfillment service fees to the Fulfillment Vendor respectively.
2.2 Buyer should note that upon Buyer’s payment of the initial purchase order, the merchandise will be delivered to the Fulfillment Warehouse only. The merchandise will not be delivered to Buyer at Buyer’s address unless and until Buyer confirms the logistics order of onward delivery to Buyer’s address and makes full payment for such onward logistics order. If Buyer fails to place the logistics order or to make the payment for the logistics order in time, the relevant purchase order will be cancelled and Buyer will be liable to pay an amount of US$5.00 to Supplier as compensation, which sum together with the bank charges will be deducted from the refund to Buyer.


3. Time Limits
Order Status Time Limit Consequences Reminder Emails from Alibab.com
1. Payment by Buyer Buyer should make full payment of the relevant transaction price to the Alipay Account within 20 calendar days after the date when a valid purchase order is confirmed by Buyer and Supplier via the Site. If Alibaba.com is not notified of receipt of payment within the 20-day period, the Transaction will be cancelled. 3 Reminder Emails will be sent to Buyer

First Email: 5 calendar days before the expiration of the 20-day period

Second Email: 3 calendar day before the expiration of the 20-day period

Third Email: 1 calendar day before the expiration of the 20-day period

1A. Supplier’s confirmation in case of partial payment (for payment by T/T only) Supplier may confirm to validate the Transaction in case of partial payment of the transaction price by Buyer within 5 calendar days after Alibaba.com notifies Supplier of such partial payment via email. If Supplier does not confirm its agreement to proceed with the Transaction within the 5-day period, the Transaction will be cancelled and all funds received (if any) will be returned to Buyer (less any applicable bank charges). 2 Reminder Emails will be sent to Supplier:

First Email: 3 calendar days before the expiration of the 5-day period

Second Email: 1 calendar day before the expiration of the 5-day period

2. Delivery by Supplier to Fulfillment Warehouse Supplier should deliver the merchandise to the Fulfillment Warehouse within 3-60 calendar days from the date of payment of the transaction price in full as listed by Supplier in the relevant product listing.

If delivery takes more than the promised delivery period, Supplier shall notify Buyer thereof in advance. Buyer must then modify the Delivery Date via the Site.

If the merchandise is not delivered on or prior to the promised delivery period or the modified period, the Transaction will be cancelled and all funds received in the Alipay Account will be returned to Buyer (less any applicable bank charges).

 

3 Reminder Emails will be sent to Supplier.

First Email: 5 calendar days before the delivery date

Second Email: 3 calendar days before the agreed delivery date

Third Email: 1 calendar day before the agreed delivery date

3. Receipt by Fulfillment Vendor The Fulfillment Vendor confirms the receipt of the merchandise at the Fulfillment Warehouse within 15 calendar days from the date of delivery. If no confirmation is received from the Fulfillment Vendor within 10 calendar days from the date of delivery, Buyer may cancel the Transaction.

If no confirmation is received from the Fulfillment Vendor within 15 calendar days from the date of delivery, the Transaction will be automatically cancelled.

If the order is cancelled due to the above reasons, all funds received in the Alipay Account will be returned to Buyer (less any applicable bank charges).

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The Fulfillment Vendor rejects the merchandise or returns the merchandise to Supplier on the grounds that the merchandise is damaged or in loss. The Fulfillment Vendor shall notify Buyer of such rejection or return and Buyer shall reply within 3 calendar days from the notification to indicate whether it requires Supplier to re-supply the merchandise or it requires canceling the Transaction. If no confirmation from Buyer is received by Alibaba.com within 3 calendar days from the notification via the Site, Buyer is deemed to require Supplier to re-supply the merchandise. 1 Reminder Email will be sent to Buyer.

First Email: 1 calendar day before the expiration of the 3-day period

 

4. Logistics order of onward delivery to Buyer’s address Buyer shoud confirm the logistics order of onward delivery of the merchandise to Buyer’s address within 15 calendar days from the Fulfillment Vendor’s confirmation of receipt of the merchandise. If Buyer fails to confirm the logistics order of onward delivery to Buyer within the 15-day period, the Transaction will be cancelled and merchandise will be returned to Supplier.

If the Transaction is cancelled in this manner, all funds received in the Alipay Account will be returned to Buyer less US$5.00 and any applicable bank charges.

3 Reminder Emails will be sent to Buyer.

First Email: 5 calendar days before the expiration of the 15-day period

Second Email: 3 calendar days before the expiration of the 10-day period

Third Email: 1 calendar day before the expiration of the 10-day period

 

5. Payment for the Fulfillment Solution fees Buyer should pay the Fulfillment Solution fees to the Alipay Account within 3 calendar days from the confirmation of the logistics order. If Buyer fails to pay the Fulfillment Solution fees within the 3-day period, the Transaction will be cancelled and merchandise will be returned to Supplier.

If the Transaction is cancelled in this manner, all funds received in the Alipay Account will be returned to Buyer less US$5.00 and any applicable bank charges.

1 Reminder Email will be sent to Buyer.

First Email: 1 calendar day before the expiration of the 3-day period

6. Inspection and acceptance by Buyer  Buyer should confirm via the Site acceptance of delivery not later than the earlier of

  • 27 calendar days from the date of delivery of the merchandise from the Fulfillment Warehouse; or
  • 5 calendar days from the date of receipt of the merchandise by Buyer as per the records of the Fulfillment company
If no confirmation from Buyer is received by Alibaba.com within the applicable period, Buyer is deemed to have accepted the delivery and Alibaba.com will instruct Alipay to release the relevant the transaction price to Supplier and the Fulfillment Solution fees to the Fulfillment Vendor respectively (both less any applicable Alibaba.com service fees). 3 Reminder Emails will be sent to Buyer.

First Email: 5 calendar days before the applicable period expires

Second Email: 3 calendar days before the applicable period expires

Third Email: 1 calendar day before the applicable period expires

7. Self- settlement in case of Buyer’s request for Open Dispute If Buyer requests to open dispute on the ground that the merchandise does not conform to the descriptions, Buyer and Supplier should reach a settlement within 30 calendar days after Buyer submits a Open Dispute request to Supplier via the Site If Buyer and Supplier do not reach a refund agreement within the 30-day period, the dispute will be automatically submitted to Alibaba.com for determination. 3 Reminder Emails will be sent to both parties.

First Email: 5 calendar days before the expiration of the 30-day period.

Second Email: 3 calendar days before the expiration of the 30-day period.

Third Email: 1 calendar day before the expiration of the 30-day period.

If Buyer requests to open dispute on the ground that the merchandise is not received, the Open Dispute request will be submitted to the Fulfillment Vendor for further handling If non-delivery is due to default by the Fulfillment Vendor, Supplier may be entitled to compensation according to the Fulfillment Vendor’s compensation policy published on the Site. To claim the compensation, Supplier is required to submit a claim and other supporting documents as may be required by the Fulfillment Vendor within the relevant time limit stipulated in the compensation policy. -
8. Return by Buyer of the merchandise Buyer should return the merchandise within 30 calendar days after

  • a refund agreement is reached between Buyer and Supplier; or
  • the final determination is made by Alibaba.com in the absence of a refund agreement between Buyer and Supplier.
Buyer must provide the shipping details of the returned merchandise within applicable the 30-day period. Otherwise, Alibaba.com will instruct release of the funds to Supplier and the Fulfillment Vendor respectively (both less any applicable Alibaba.com service fees). 3 Reminder Emails will be sent to Buyer:

First Email: 5 calendar days before the expiration of 10-day period

Second Email: 3 calendar days before the expiration of 10-day period

Third Email: 1 calendar day before the expiration of 10-day period

9. Confirmation by Supplier of receipt of returned merchandise in case of return of merchandise to Supplier Supplier should confirm within 30 calendar days after Buyer’s shipment of return of the merchandise via Site If Supplier does not confirm receipt of returned merchandise or does not apply for a second determination of the dispute within 30 calendar days from the date of shipment by Buyer of the returned merchandise, the Transaction will be deemed to have been completed, and the relevant funds will be refunded to Buyer (less any applicable bank charges). 2 Reminder Emails will be sent to Supplier.

First Email: 3 calendar days before the 30-day period

Second Email: 1 calendar day before the expiration of 30-day period


4. Special Cases and Disputes

4.1 If the merchandise is rejected or returned by the Fulfillment Vendor to Supplier as a result that the merchandise is damaged or in shortage, Supplier shall be responsible for the costs of the merchandise being returned to Supplier.
4.2 If the merchandise is returned by the Fulfillment Vendor as a result of any default by Buyer such as Buyer’s failure to place a logistics order for the onward delivery to Buyer’s address or to pay the Fulfillment Solution fees in full within the prescribed period, Buyer shall pay US$5.00 to Supplier as the compensation to Supplier and the sum will be deducted from the refund to Buyer. Supplier shall be responsible for the costs of the merchandise being returned to the Supplier.
4.3 After the merchandise is delivered to Buyer’s address, if Buyer claims a refund on the grounds that the merchandise does not conform to the descriptions, Buyer and Supplier shall discuss to settle the refund request in good faith. If the parties fail to reach a settlement, Alibaba.com shall have the right to determine whether any refund shall be made based on the materials provided by the parties and the parties agree to be bound by Alibaba.com’s determination. In the event the non-conformity is caused by the default in the Fulfillment Solution services, all or part of the Fulfillment Solution fees will be refunded to the Buyer, but Buyer and Supplier shall further discuss on the refund for the merchandise price. Supplier may promptly make a claim for compensation together with all the supporting documents to the Fulfillment Vendor. The amount of compensation will be determined based on the declared value of the merchandise, whether any insurance has been purchased by Buyer according to the Fulfillment Vendor’s compensation policy as published on the Site.
4.4 If Buyer does not receive the merchandise due to default in the Fulfillment Solution services, all or part of the Fulfillment Solution fees will be refunded to the Buyer, but Buyer and Supplier shall further discuss on the refund for the merchandise price. Supplier may promptly make a claim for compensation together with all the supporting documents to the Fulfillment Vendor. The amount of compensation will be determined based on the declared value of the merchandise, whether any insurance has been purchased by Buyer according to the Fulfillment Vendor’s compensation policy as published on the Site.


5. Payment and Release of Fulfillment Solution Fees

5.1 Fees for the Fulfillment Solution services shall be payable by Buyer to the Alipay Account and be held in escrow in the Alipay Account.
5.2 Alipay will only release the Fulfillment Solution fees related to any Transaction in any of the following event:
(a) Alipay has received from Alibaba.com written instruction to release part or all of the funds to the Fulfillment Vendor;
(b) Alipay has received from Alibaba.com written instruction to remit part or all of the funds to Buyer;
(c) If Alipay receives any order, ruling, award or judgment from a competent court, arbitration tribunal or authority which directs Alipay to release the funds;
(d) When releasing the funds, Alipay will have the right to deduct any bank charges or service fees due and payable to Alibaba.com (if any) and in such amount as instructed by Alibaba.com.
5.3 In the event that Buyer fails to confirm the logistics order or to pay for the logistics order resulting in costs owed to Supplier or the Fulfillment Vendor, Buyer hereby authorizes Alibaba.com and Alipay to deduct such amount from the sum refundable to Buyer.
5.4 Alibaba.com may charge a platform service fee from the Fulfillment Vendor.


6. Combination of Transactions

6.1 Buyer may select to combine the onward delivery of the merchandise under two or more Transactions (whether the Transactions are made with the same Supplier or not) provided that Buyer shall confirm the logistics order of onward delivery within the 10-calendar day period for all merchandise to be combined for onward delivery.
6.2 In case of combined onward delivery, if Buyer subsequently raises an open dispute or refund request in respect of part of the merchandise under the combined delivery, Alibaba.com shall be entitled to release the funds to Supplier and the Fulfillment Vendor in respect of the undisputed merchandise.


7. General Transaction Policy

7.1 The Alibaba.com General Transactions Policy and the Alibaba.com Online Transaction Transactions Dispute Rules apply to the online Transactions under the Fulfillment Solution services on the Site. These Rules supplement the above-mentioned policy and rules. In case of any conflict between these Rules and the above-mentioned policy and rules, the provisions of these Rules shall control in respect of the transactions using the Fulfillment Solution services. If any matters are not dealt within in these Rules, the corresponding provisions in the Alibaba.com General Transactions Policy and the Alibaba.com Online Transaction Transactions Dispute Rules shall apply.
7.2 In case of any conflict between the terms of the Rules, the Alibaba.com General Transactions Policy, the Alibaba.com Online Transaction Dispute Rules and/or other rules published by Alibaba.com on the Sites (collectively the “Alibaba.com Rules”) and what has been agreed by Buyer and Seller, the terms of the Alibaba.com Rules shall govern.


8. Disclaimer

8.1 Supplier should note that in the event that the merchandise is damaged or lost due to any reasons attributable to the Fulfillment Vendor or the logistics companies engaged by the Fulfillment Vendor, compensation to Supplier may be limited to US$100 (in case no insurance has been purchased by Buyer) or the declared value of the merchandise subject to the compensation policy of the Fulfillment Vendor. In any event, Alibaba.com shall assume no liability for any defect in the Fulfillment Solutions services.


9. Definitions

9.1 “Alipay Account” means an escrow bank account designated by Alibaba.com in which Buyers’ payments for the Transactions and the Fulfillment Solution services will be held in escrow according to the Alipay Escrow Services Agreement.
9.2 “Fulfillment Vendor” means Shanghai HF International Transportation Agency Co., Ltd..
9.3 “Fulfillment Warehouse” means the Fulfillment Vendor’s warehouse located within the mainland China.
9.4 “Site” means the AliExpress.com website or the Alibaba.com website.