Chapter 1 Overview
Article 1 These Rules are formulated in accordance with relevant provisions of the ipipk.com International Platform’s General Provisions, ipipk.com Transaction Services Agreement, and the Trade Assurance Services Rulesto protect the rights and interests of the Buyer and the Seller with respect to online transactions on ipipk.com.
Article 2 When a dispute arises between the Buyer and the Seller after they have conducted an online sale and purchase of products transaction through the ipipk.com, if either party submits their disputes to ipipk.com, the following Rules will apply.
Article 3 If the Buyer and the Seller otherwise agree upon the rules for handling the transaction disputes, ipipk.com has the right to decide whether rules will be applied, except the rules contradicts the rules on ipipk.com.
Article 4 Notices related to disputes sent by ipipk.com to the Buyer and/or the Seller through the ipipk.com system, official communication tools, e-mail, telephone, etc. constitute the basis for deciding the disputes.
Chapter 2 Definitions
Article 5 ipipk.com International Platform refers to the website and mobile Apps.
Article 6 Online Transaction is as defined in the ipipk.com Transaction Services Agreement.
Article 7 Purchase Contract: refers to the agreement between the Buyer and the Seller with respect to the purchase of products and services on ipipk.com.
Article 8 Quality Problems means the material, craftsmanship, and/or quality of the products delivered by the Seller fails to meet the provisions of the Purchase Contract, or there is damage, functional failure, missing parts or other issues that may prevent their normal use.
Article 9 Inconsistent Description means that the product name, brand, model, color, specification, quantity, material, style, function, and/or other information with respect to the products delivered by the Seller are inconsistent with the descriptions on the products detail page, the provisions of Purchase Contract, or the communication records between the Seller and Buyer.
Article 10 Infringement means the products delivered by the Seller infringe upon the intellectual property rights of third parties.
Article 11 Customs Detention means the products are attached, confiscated, destroyed, or detained by the customs of the importing country due to reasons such as violation of restrictions imposed by the importing country, no customs clearance, declaration errors, products infringement and contraband control.
Article 12 Return of Products and Refund means Seller refunds the purchase price in whole to the Buyer after the Seller signs for receipt of the products returned by the Buyer.
Article 13 Partial Refund means the Seller refunds a portion of the purchase price to the Buyer after the Buyer signs for receipt of the products delivered by the Seller.
Article 14 Refund means the Seller refunds the purchase price to the Buyer in whole and the Seller negotiates with the Buyer to determine whether to return the products.
Article 15 Date of Shipment as defined in the Trade Assurance Services Rules.
Article 16 Force Majeure means circumstance or event that is unforeseeable, unavoidable, or insurmountable for the Buyer and the Seller when they enter into a contract, including but not limited to natural disasters (e.g. typhoons, heavy rain, hail, earthquakes, tsunamis, floods, volcanic eruptions, landslides), anomalies (e.g. wars, armed conflicts, riots, uprising, fires, explosions, toxic spills, serious outbreaks), and government actions (e.g. regulation and control, expropriation, requisition).
Chapter 3 Acceptance
Article 17 Application for dispute resolution shall be made within the time limit prescribed by ipipk.com, which is subject to the level of the Buyer when the Buyer and the Seller draft the order for the first time. L3 and L4 buyers shall file such applications within 60 days after they confirm the receipt of products. If the order is closed by ipipk.com, application shall be made within 60 days of receipt of the notice that the order has been closed. The time limit for buyers of other levels to file a dispute resolution application remains unchanged. If there are special provisions, such provisions shall prevail.
Article 18 ipipk.com has the right to extend the time limit or not to set a time limit for accepting application for dispute resolution if, in ipipk.com’s reasonable opinion, there is a dispute involving suspected fraud (including but not limited to false shipment, serious quality deficiencies, a large quantity of inconsistent products, and other obvious malicious non-compliance or evasion of debts) or any other circumstances that ipipk.com considers necessary.
Article 19 ipipk.com has the right to refuse to accept the following applications, and the Seller and the Buyer should resolve the dispute by themselves:
1. An application for dispute resolution was not filed within the time limit;
2. The Seller and the Buyer have reached a settlement agreement and the performance thereof has been completed, but either or both of the parties has/have changed their minds, thereby resulting in a dispute;
3. The Buyer and the Seller collude in bad faith and use the ipipk.com Sites to conduct false transactions or commit other illegal acts;
4. After a Refund is processed, the Seller needs to retrieve the products, thereby resulting in a dispute;
5. Either party claims for compensation that exceeds the amount of the transaction (including purchase price, inspection fees, shipping and bank charges), unless otherwise specified;
6. Applications that ipipk.com is unable to accept based on the evidence provided by both parties;
7. Disputes not related to the Online Transaction (including, without limitation, the products violates the product posting rules of ipipk.com and defamation by either the Seller or the Buyer); and
8. Where these Rules have special provisions about other circumstances that will not be accepted, such provisions shall prevail.
Chapter 4 General Rules
Article 20 The Buyer and the Seller shall provide evidence for their respective claim or defense no later than three working days after making application for dispute resolution or receiving the notice of dispute resolution from ipipk.com, and shall undertakes that the evidence provided is authentic, complete, relevant and legitimate. ipipk.com has the right to obtain evidence on its own or from a third party as it deems necessary, and determine the liability of the parties and the disputes based on the reasonable man standards and international trade practices.
Article 21 If either party submits false, altered, or forged evidence, or fails to submit evidence that meets relevant requirements within the time limit set by ipipk.com, ipipk.com has the right to terminate the dispute resolution process or make a decision based on the evidence submitted.
Article 22 The correspondences between the Buyer and the Seller via the ipipk.com’ official chat tool will serve as basis for dispute resolution, and correspondence between the parties through other means of communication (including but not limited to offline written contracts, telephone calls, e-mails, and third-party instant chat tools) will not be the basis for the dispute resolution, unless both the Buyer and the Seller agree that such correspondence are authentic and valid.
Article 23 Where correspondences between the Buyer and the Seller or the offline contract between the Seller and the Buyer contradict the terms in the Purchase Contract, unless otherwise agreed between the Seller and the Buyer, the terms agreed more recently shall prevail.
Article 24 Where the Buyer and the Seller agree on liquidated damages or compensation in the Purchase Contract or during the course of their communication, if either party claims for liquidated damages or compensation for actual losses after the other party defaults, ipipk.com will support such claim. If such liquidated damages or compensation clause contradicts the rules of the ipipk.com Sites, the clause which provides for a higher damages shall prevail.
Article 25 The merchant shall perform its obligations in accordance with the agreement between the parties in a timely, efficient and complete manner. If the merchant has other third-party suppliers or manufacturers, the merchant is obliged to provide the full name, email, telephone number and physical business address of the third-party supplier or manufacturer to the buyer when requested to do so during the transaction. If the buyer initiates a complaint to the platform on the grounds that the merchant does not provide specific information about the third-party supplier or manufacturer, ipipk.com has the right to penalize the merchant in accordance with the ipipk.com Transaction Dispute Rules and the ipipk.com Penalty Rules for Violation.
Article 26 Sellers should truthfully provide their physical business address to the platform in order to enable buyer to contact the seller timely, as required by relevant domestic and foreign laws and regulations. However, if the seller does not have a physical address other than a residence, or a combined physical address of a business and a residence, the seller may only partially disclose its address (i.e., only to the country and state) or only disclose the return address for the purpose of returning the goods. When a buyer initiates an enquiry about a seller's physical business address not being disclosed or not being fully disclosed, the seller should immediately provide evidential material to the Platform and the buyer to prove that the merchant does not have a physical address other than a residential address. If a seller fails to provide evidence in a timely manner or provides evidence that does not adequately prove that he or she does not have a physical address other than a residential address, the Platform reserves the right to penalize the merchant in accordance with the ipipk.com Transaction Dispute Rules and the ipipk.com Penalty Rules for Violation.
Sellers are required to truthfully provide their telephone numbers to the platform and display to buyers according to relevant laws and regulations. However, if the seller only has a personal phone number (i.e. not a business phone number), the seller may only disclose the email address or other online contact details. When a buyer initiates an enquiry regarding the non-disclosure of the seller's telephone number, the seller should immediately provide the Platform and the buyer with evidence that he/she does not have a business telephone number other than his or her personal telephone number. If the seller fails to provide evidence in a timely manner or the evidence provided is not sufficient to prove that he/she does not have a company business phone number other than his/her personal phone number, the Platform reserves the right to penalize the merchant in accordance with the ipipk.com Transaction Dispute Rules and the ipipk.com Penalty Rules for Violation.
Chapter 5 Shipment
Article 27 The Seller shall fulfill the obligation of shipping products in accordance with the shipment date, shipment method, and delivery information as stipulated in the Purchase Contract, and provide corresponding documents or certificates according to the Purchase Contract.
Article 28 Where the Seller fails to ship the products within the agreed shipment time, the Seller shall obtain consent from the Buyer before shipping the products. The Buyer and the Seller may reschedule the shipment date as agreed. If the Seller has not shipped the products at the time of receipt of the Refund application, the Seller shall liaise and negotiate with the Buyer, and arrange for shipment again upon mutual agreement, or ask ipipk.com for a resolution.
Article 29 If the Seller violates the shipment regulations of this Chapter, or if the Seller or its related account commits any other serious violation of any rule of ipipk.com that results in ipipk.com unilaterally terminating the Membership Agreement or Service Contract, ipipk.com has the right to make a refund based on the transaction, such as if the products are not delivered or the Buyer rejects the products. If the Seller needs to retrieve the Products, it shall contact the carrier to handle the return, and all resulting costs and risks associated with the return of the Products shall be borne by the Seller.
Article 30 In the event that the Seller ships the products in violation of the agreed shipment date and method, and that the Buyer applies for a Refund and/or return of products on the grounds of Seller’s breach of Article 5 of these Rules after the Buyer has signed or taken initiative to confirm receipt of products, under Article 5 of these Rules, the Buyer shall reach an agreement with the Seller. Otherwise, ipipk.com shall not support such Refund or Returning of Products and Refund applications, except where the Seller takes improper measures to induce the Buyer to confirm receipt of products.
Article 31 Where the products are not delivered due to errors in the delivery information provided by the Buyer, the Seller shall use commercially reasonable efforts to cooperate with the Buyer to modify the delivery information or provide necessary assistance, and the additional costs so incurred shall be borne by the Buyer. If the Seller fails to ship the products on the agreed shipment date or the products cannot be delivered on the agreed date for the reasons attributable to the Buyer. ipipk.com shall not support Buyer’s claim against the Seller for late shipment or delivery.
Article 32 Where the Buyer and the Seller do not expressly agree on the documents or certificates required by customs clearance for import of products, the Seller shall remind the Buyer to specify such required documents or certificates in the contract, otherwise the loss arising from failure to clear the products with customs due to the non-provision of such required documents or certificates shall be borne by the Seller, and if said documents or certificates are still not expressly stipulated after the Seller reminds the Buyer, such risk shall be borne by the Buyer.
Article 33 Where the Seller fails to ship the products on the agreed date of shipment or the products cannot be delivered on the agreed date due to an event of force majeure, and the Parties fail to agree on the continuous performance of the contract, the purchase price shall be refunded.
Article 34 If the Seller ships the products via China Post Air Parcels (large or small) and EMS as agreed with the Buyer, and the products have not been properly delivered within sixty days after the shipment, the purchase price shall be refunded to the Buyer, and the Seller shall contact the logistics company on its own to retrieve the products.
Chapter 6 Receipt of Products
Article 35 The Buyer shall accept the delivery of products in accordance with the Purchase Contract at the address, and in the manner as agreed upon with the Seller. The Buyer shall personally sign the receipt of products, or ask others to do so on his/her behalf, or instruct the carrier to place the products at the designated place. If the recipient entrusts another person to sign the receipt of products or instructs the carrier to place the products at a designated place, the Buyer shall be deemed to have signed the receipt of products by itself and the risk of the loss of the products shall be borne by the Buyer. If the Buyer claims that it has not signed receipt of products by itself, the Seller shall assume the burden of proof to prove the otherwise and if the Seller is able to establish the same with relevant evidence, the risk of the loss of the products shall be borne by the Buyer.
Article 36 The Buyer shall ensure that the delivery information provided to the Seller is true, accurate, and valid. If any the delivery information needs to be changed, consent shall be obtained from the Seller. If the products are received by others, lost, or damaged due to errors or omissions in the delivery information provided by the Buyer, the Buyer shall bear the losses.
Article 37 If the Buyer is in breach of the provisions relating to the receipt of products as stipulated in Chapter 6 of these Rules and the products are returned to the Seller as a result, the Buyer shall compensate the Seller for the actual losses, provided that the maximum amount shall not exceed the contract amount; if the products are received by others, damaged, or lost, the Buyer shall pay the Seller.
Article 38Where, after the Purchase Contract takes effect, the Buyer terminates the contract or applies for Refund without cause, the Buyer shall compensate the Seller for the actual losses, provided that the maximum amount thereof does not exceed the contract amount.
Article 39 Where the Seller is responsible for shipping the products and ship the products through commercial express, the Buyer shall examine the appearance of the outer packaging of the products on the spot when the carrier delivers the products. If the products are damaged, the Buyer should reject the products after taking a photo as evidence; if the Buyer applies for Returning of Products and/or Refund due to damage to products after signing receipt of products, the Buyer shall provide the damage certificate issued by the carrier. If the Buyer and the Seller separately agree on the inspection period and/or the inspection method, such agreement shall prevail.
Article 40 Where the Seller is responsible for shipping the products and ship the products through commercial express, the Seller shall be responsible for the risk and expenses incurred by the return of products due to damage.
Chapter 7 Inspection of Products
Article 41 The Buyer may inspect whether the quality of the Seller's products is consistent with relevant provisions of the contract in accordance with agreed inspection standards, inspection institution, and inspection method. If the parties have not clearly agreed upon inspection in advance and cannot reach an agreement through negotiation, ipipk.com may designate a third-party inspection institution to inspect the products in accordance with applicable industry standards, and the resulting inspection costs shall be borne by the liable party as determined by ipipk.com.
Article 42 The parties agree to inspect products prior to shipment. If the products are found to have quality problem or their quality is inconsistent with the provisions of the Purchase Contract upon inspection, the Seller shall take remedial measures within the period agreed by both the Buyer and Seller or otherwise determined by ipipk.com, otherwise, ipipk.com shall support the Refund application by the Buyer. If the Buyer and the Seller otherwise reach an agreement through consultation, such agreement shall prevail.
Article 43 If the Buyer and the Seller agree to inspect the products after they are shipped to the destination or after the Buyer receives them, the Buyer shall inspect the products within the agreed time limit. If the products are found to have quality problems or their quality is inconsistent with the standards agreed in the Purchase Contract, ipipk.com shall support the Returning of Products and Refund or Partial Refund application, and the expenses resulting from such returning of products shall be borne by the Seller, and if the Buyer and the Seller otherwise reach an agreement, such agreement shall prevail.
Article 44 Where a sampling inspection is agreed by both the Buyer and the Seller, the specific sampling inspection ratio shall be in accordance with the Purchase Contract or the agreement reached by the parties. If said ratio has not been agreed upon, ipipk.com has the right to determine the sampling inspection ratio pursuant to the Quality Inspection Standards for Trade Assurance Service, and if a product fails to pass the sampling inspection, such entire batch of products shall be deemed as substandard.
Chapter 8 Returning and Replacement of Products
Article 45 After the Buyer and the Seller reach an agreement for the returning or replacement of products, the returning address shall be the same as the sender’s address. If the returning address or returning method needs to be changed, consent shall be obtained from the Buyer, otherwise the risk of products not being delivered after they are returned shall be borne by the Seller. If the Buyer has practical difficulties in applying for the returning of products, ipipk.com may require the Seller to go through the procedures for returning products on its own, and the Buyer shall provide necessary assistance.
Article 46 If the Buyer and the Seller have reached an agreement offline for returning or replacement of products, the Buyer shall handover the returned products to the carrier within the agreed time limit. If the deadline for returning is not expressly prescribed, such products shall be handover to the carrier no later than 15 days as from the next day of the date on which the agreement for returning of products is reached. If the prescribed time limit expires, the Buyer shall be deemed to have accepted the products, and in such a case, ipipk.com shall support payment to the Seller.
Article 47 After the Buyer handovers the returned products to the carrier, when the products have been returned to the customs of the exporting country, the Seller needs to cooperate with customs clearance and be liable for costs resulting from customs clearance, otherwise the risk of loss of the products shall be borne by the Seller, and in such a case, ipipk.com shall support the refund of purchase price to the Buyer.
Article 48 Where the parties reach an agreement on returning or replacement of products or ipipk.com orders the Buyer to return the products, if the Buyer cannot properly complete the returning of products for reasons attributable to the Seller, the risk of the products being not returned to the Sellers shall be borne by the Seller, and in such a case, ipipk.com shall support the Refund application by the Buyer. Where the Seller has not received the returned products or the Seller refuses to sign receipt of products returned for the reasons attributable to the Buyer, ipipk.com shall support payment to the Seller.
Chapter 9 Customs Detention and Freight
Article 49 If the Buyer applies for a refund of the products which are detained by customs, the Buyer shall submit a valid certificate for the detention of the products within the time limit set by ipipk.com. ipipk.com will determine allocation of liabilities for detention of products according to the customs detention certificate and the provisions of the contract between the parties, and require the liable party to take remedial measures within a certain time limit.
Article 50 If the products cannot pass customs clearance smoothly due to reason attributable to the Buyer, and the Buyer fails to take remedial measures within the time limit set by ipipk.com, ipipk.com shall support payment to the Seller, and the risk of the products not being able to be delivered to the Buyer shall be borne by the Buyer; If remedial measures are not taken within the prescribed time limit for the reasons attributable to the Seller, ipipk.com shall support Refund to the Buyer, and the risk of the products not being able to returned to the Seller shall be borne by the Seller.
Article 51 Fines, warehousing fees, shipping costs for returning products, and other losses resulting from detention of products by the customs shall be borne by the liable party as determined by ipipk.com, and if said losses are otherwise agreed upon by the Parties, such agreement shall prevail.
Article 52Any dispute arising between the Seller and the Buyer in respect of freight fees shall first be resolved according to the provisions of the contract between the parties. If the freight fees are not prescribed or clearly prescribed in the contract, ipipk.com will determine the allocation of liabilities according to the principle of “either party who is at fault is liable”, and if both parties are not at fault or the liability cannot be determined, the freight shall be equally shared by both parties.
Chapter 10 Quality Problems, Inconsistent Descriptions, and Infringement
Article 53 Where the Buyer claims that the quality problem and inconsistency in description of the products delivered are identifiable with naked eyes, the Buyer shall first provide photos, videos, or other evidence approved by ipipk.com to prove it. The Seller shall then provide evidence and reasonable explanations establishing that the products do not have quality problems or Inconsistent Descriptions or the reasons for such issues are not attributable to the Seller. If the Seller fails to submit the valid evidence within the specified time limit, ipipk.com shall determine that the products have quality problems or Inconsistent Descriptions.
Article 54 Where the Buyer claims that the quality problems of the delivered products are not identifiable with naked eyes, the Buyer shall provide a testing report or identification certificate issued by a qualified institution as required by ipipk.com. Where the Buyer and the Seller agree in advance in the contract that the test results obtained by the third-party testing agency shall be treated as the basis for determining quality, ipipk.com will determine the quality in accordance with the test results.
Article 55 If the Buyer claims that the products delivered infringe upon the rights of others, the Seller shall provide evidence proving the legal source or effective authorization of the products. If the Seller is able to discharge its burden of proof, the Buyer shall submit evidence for its claim. If the Buyer is unable to provide such evidence, ipipk.com shall determine that the products do not infringe upon the rights of others.
Article 56 Where the evidence provided by the Seller and the Buyer cannot establish whether the products have quality problems or infringe upon the rights of others, ipipk.com has the right to designate a qualified third-party testing or appraisal agency to conduct testing and appraisal, and the results of the said testing or appraisal shall be treated as the basis for identification.
Article 57 Where the products delivered by the Seller have quality problems, Inconsistent Descriptions, or infringement issue, ipipk.com shall support Returning of Products and Refund to the Buyer. If the products cannot be returned due to its nature, the objective conditions, or the restrictions under local laws and regulations, ipipk.com shall support Refund, and the Seller shall contact the Buyer on its own in order to handle products.
Article 58 Where part of the products delivered by the Seller have quality problems, Inconsistent Descriptions, or minor defects or flaws that do not affect the main functions of the products, ipipk.com shall support Partial Refund.
Article 59 Where the Seller and the Buyer have agreed on the testing and appraisal costs in respect of quality problem and infringement issue of the products in the Purchase Contract, such agreement shall prevail. If the testing and appraisal agency has not been agreed upon by the Parties or if ipipk.com has designated a testing or appraisal agency, ipipk.com has the right to determine the proportion in sharing the relevant expenses so incurred according to the degree of liability.
Chapter 11 Termination
Article 60 ipipk.com has the right to terminate the dispute resolution process when one of the following circumstances occurs during the dispute resolution process:
1. The dispute does not fall within the scope of acceptance stipulated in these Rules and exceeds the period of acceptance specified in these Rules;
2. The party applying for dispute resolution requests for withdrawal of the application;
3. The arbitration institution that has jurisdiction over the dispute involved has rendered an award;
4. Both the Buyer and the Seller agree to resolve the dispute through consultation;
5. Either party notifies ipipk.com that the dispute has been submitted to an arbitration institution of competent jurisdiction for arbitration or both parties have agreed to submit the dispute to other trade dispute settlement institution for settlement;
6. In case of a dispute arising from a transaction in which the Buyer has chosen credit card or e-checking as payment method, the Buyer applies to the card issuer for chargebacks for the transaction in dispute while applying to ipipk.com for dispute resolution;
7. Either party violate other rules of ipipk.com;
8. Either party submits evidences that are not authentic or are forged or altered or otherwise violate applicable laws and regulation.
Chapter 12 Supplementary Provisions
Article 61 If there are particular provisions governing dispute resolution in the official activity rules or other specific types of trading rules of the ipipk.com International Platform, such provisions shall apply.
Article 62 The transactions that have not been processed after these Rules take effect or are modified shall be governed by such effective or modified rules.
Article 63 ipipk.com will from time to time amend these Rules, and the content of said amendments will take effect upon expiration of the public announcement.
Article 64 In the event of any inconsistency between the English and Chinese versions of these Rules, the Chinese version shall prevail.
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