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Terms and Conditions for the “On-Time Dispatch Guarantee” benefit

Terms and Conditions for the “On-Time Dispatch Guarantee” benefit

(“Terms and Conditions”)

These Terms and Conditions shall apply to the “On-time Dispatch Guarantee” as a regular benefit (“Benefit”) to buyers on the Alibaba.com International Website (www.alibaba.com) (“Alibaba.com Website”).

1.On-time Dispatch Guarantee: The Benefit is jointly provided by the seller and Alibaba.com Singapore E-Commerce Private Limited, a company incorporated in Singapore with its registered office address at 8 Shenton Way, #45-01 AXA Tower, Singapore 068811 (“Alibaba.com”). It is available for trade assurance orders of the products with an "On-time Dispatch Guarantee" mark. Subject to the Terms and Conditions herein, if the seller fails to dispatch the products to the buyer within the agreed shipment period in the trade assurance order, the buyer may apply for coupons as compensation.

2.Availability: The Benefit is available on the Alibaba.com Website, Alibaba.com mobile site, Alibaba iPhone and Android App, as well as Android Pads.

3.Eligible Participant: To be eligible to the Benefit, you must be a registered member with a valid buyer account on the Alibaba.com Website (“Buyer”). Notwithstanding that, any person who is an employee, officer and/or director of the Alibaba.com (including his/her immediate family members, agents, any corporate entity in which he/she is a shareholder, director and/or employee, and, such corporate entity’s affiliates and subsidiaries) shall not be eligible to enjoy this Benefit.

4.Benefit-specific Rules:

(a)EachBuyer must comply with the following conditions to be eligible for the Benefit:

   (i)The Buyer must place a “Direct Order” (i.e. you need to press “start order” on the designated webpage) (“Order)”) for products displaying the “On-time Dispatch Guarantee” mark on the project detail page (“Product(s)”).

   (ii)The Buyer must not cancel the Order for the Product(s) (i.e. the Buyer shall still want the Product(s) to be dispatched even if the dispatch date is after the agreed period as shown on the detail page of the Product (“Agreed Period”).

  (iii)The Buyer must not change or amend the delivery address for the receipt of the Product(s) after completing payment for the relevant Order.

(b)Rules relating to the Compensation:

  (i)If the Product(s) have not been dispatched within the Agreed Period, an “Make a Claim” icon will appear on the Buyer’s account (“My Alibaba > Orders > All Orders”) on the Alibaba.com Website which allows a Buyer to make a claim for compensation from the agreed dispatch date within 30 calendar days after the Order completes (“Compensation”).

  (ii)After a Buyer completes the claim for Compensation, such Buyer shall receive redeemable coupons for future Trade Assurance Orders (“Coupons”).

  (iii)Each Buyer may only apply for one (1) claim for Compensation per each valid Order.

(c)The total amount of the Coupons that may be distributed to a Buyer depends on the following circumstances:

  (i)For Orders that have already been dispatched/yet to be dispatched but later than the Agreed Period: Coupon shall be worth 10% of the actual Order amount (excluding any service fees payable by the Buyer) and shall be capped at a maximum amount of US$100 (one hundred US dollars).

  (ii)For the avoidance of doubt, if a Buyer wishes to apply for a refund for the Order on the Alibaba.com Website, the Buyer may still do so after receiving the Coupons. The refund application process is the same as the existing dispute settlement process (which is accessible on the rules center of the Alibaba.com Website) and the amount of coupon the Buyer used for the Order will be deducted from the amount of refund. However, Buyers shall not make a claim for Compensation after having applied for a refund on the Alibaba.com Website.

(d)Rules relating to the Coupon(s):

  (i)An eligible Buyer will be given the relevant Coupon on ‘My Alibaba > My Coupons’ on the Alibaba.com Website.

  (ii)The Coupon(s) shall only be redeemed for Trade Assurance Order on the Alibaba.com Website (excluding electronic foreign exchange collection orders). A Buyer may use a Coupon to redeem the following amounts in the Order: the selling price of the Product(s) and logistics fees, but in no event will the Buyer be able to redeem any amounts for any payable service fees by the Buyer.

  (iii)The Coupon(s) will be valid within 90 calendar days after the date the Coupon is issued (“Deadline”). Any Coupon unused after the Deadline will be void.

  (iv)The Coupon(s) may be used in combination with other discounts offered by other merchant on the Alibaba.com Website, logistics fee related exemptions, as well as other coupons offered by other merchants on the Alibaba.com Website, provided that the actual amount of the Buyer’s new order (excluding any payable service fees by the Buyer) is not less than US$1.00 (one US dollar).

  (v)The Coupon amount will be rounded up to the nearest whole number. For example, if the Order amount is US$268 (two hundred and sixty-eight US dollars), and the Buyer is entitled to 10% Compensation, then a US$27 Coupon of US$27 (twenty-seven US dollars) will be issued to the Buyer.

  (vi)The maximum amount of a single Coupon is US$50 (fifty US dollars). If the amount of Compensation to be issued to the Buyer is higher than US$50 (fifty US dollars), then the amount of Compensation will be split into two (2) Coupons in equalamounts to be issued to the Buyer.

  (vii)For each Trade Assurance Orders on the Alibaba.com Website, only one (1) Coupon can be used.

  (viii)If a Buyer had used a Coupon for an Order and later applies for a refund for such Order, the Coupon shall not be refunded. The maximum refundable amount shall be the actual amount for the order (excluding any payable service fees by the Buyer).

  (ix)The Coupon(s) cannot be cashed in, sold, or transferred. Any Coupon(s) awarded under this Benefit shall only be used by the original recipient of the Coupon (i.e. the Buyer).

  (e)Under the following circumstances, Alibaba.com has the right to reject a claim for Compensation and shall not have any obligation to provide any Coupon(s) to the Buyer:

  (i)Reasons attributable to the Buyer or recipient of the Product(s): In relation to late dispatch of Product(s), the Buyer failed to provide the relevant document(s) or certificate(s) as required for customs clearance, or the recipient of the Product(s) failed to sign for acceptance of the Product(s) within the specified time;

  (ii)Unusual custom operations: This includes but is not limited to any delay, confiscation and/or destruction of the Product(s) due to unexpected/uncommon custom declarations at the port of departure, incomplete export information, custom clearance at the port of destination, custom inspection, lack of documents or information (including declaration value) or unclear description(s) in any commercial invoices;

  (iii)Reasons attributable to the recipient of the Product(s): This includes but is not limited to the need to seek further confirmation/clarification from the Buyer and/or the recipient of the Product(s) for some information during the course of shipping, any delay due to the time taken by the Buyer and/or the recipient of the Product(s) to settle any applicable tariff, levy and etc., as well as any refusal by the recipient of the Product(s) to acknowledge receipt of the Product(s);

  (iv)Supplier or the recipient of the Product(s) has provided notice to discard the Product(s), or has made additional requests that are uncommon and/or unreasonable thereby causing a delay to the dispatch of the Product(s);

  (v)Any delays which are caused due to reasons not respectively within the reasonable control of Alibaba.com or the Selected Logistics Provider (including but not limited to any force majeure events such as any earthquake, typhoon, fire, flood, war, telecommunications interruption and/or any other natural or man-made disaster(s) as well as any delay caused by health pandemics or epidemics) or any reasons attributable to the recipient of the Product(s);

  (vi)The Product(s) contains hazardous materials or other content restricted by Alibaba.com as set out at https://rule.alibaba.com/rule/detail/1992.htm?spm=a271m.8038972.0.0.1684495bnp7H2j; and

  (vii)Shipment which contains of batteries (such as model PI966, PI967, PI969 & PI970) shall only be accepted if the required battery certifications and supporting documents have been provided. All Buyers shall be obliged to contact the relevant suppliers, and to request the suppliers to confirm such specifications and requirements with the Selected Logistics Provider.

5.General Rules

(a)By participating in this Promotion, you agree to be bound by these Terms and Conditions. Alibaba.com reserves the right to amend these Terms and Conditions as well as to vary or terminate the terms of the Promotion requirements without prior notice to you. In the event of any dispute, the decision of Alibaba.com shall be final and binding.

(b)Any fraud and/or abuse of the offers and/or Coupon(s) awarded/received under the Promotion (“Offers”) by you (as determined by Alibaba.com in its sole discretion) will result in the forfeiture of your eligibility to the Offers and/or may lead to the termination of all or part of your account(s) with Alibaba.com. Alibaba.com reserves the right to deduct the value of any Offers awarded inappropriately to you directly from your account(s) with Alibaba.com without prior notice and/or take legal action in such instances to recover any outstanding amounts.

(c)If the Benefit is cancelled or suspended by any relevant authorities or due to a serious network attack or system failure or any other reasons, this Benefit may be terminated prematurely without prior notice to you. Such situation shall constitute a force majeure event and Alibaba.com shall not be liable for any damages or claims that arise out of the force majeure event.

(d)Alibaba.com is not responsible for any late, lost, delayed, incomplete, illegible, misdirected or undeliverable entries, responses, or other correspondence, whether by e-mail or otherwise.

(e)If the Benefit becomes inoperable due to any computer network related reasons, you agree that Alibaba.com shall not be held liable for any damages.

(f)The timing and validity of any transactions and/or your eligibility to the Offers shall be determined by Alibaba.com at its sole discretion based on Alibaba.com’s own transaction records. If there is any discrepancy between the transaction records held by you and that of Alibaba.com, Alibaba.com’s records shall be conclusive and binding on you.

(g)Alibaba.com reserves the right and absolute discretion to cancel or revoke your right to participate in the Benefit or use any Offers, upon the discovery of any violation of these Terms and Conditions by you or your dishonest, malicious, fraudulent, unlawful or, in the opinion of Alibaba.com, inappropriate acts in your participation in any Benefit.

(h)In case of any discrepancy in the interpretation between the English and other non-English language versions of these Terms and Conditions, the English version shall prevail.

(i)If any of the terms in these Terms and Conditions conflict with any rules and/or any related information displayed elsewhere on the Alibaba.com Website, these Terms and Conditions shall prevail.

(j)DISCLAIMER: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ALIBABA.COM AND/OR ITS AFFILIATES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, LOSS OF DATA, LOSS OF BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THIS BENEFIT, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF ALIBABA.COM AND/OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

(k)Notwithstanding anything to the contrary, you acknowledge and agree that Alibaba.com and/or any of its affiliates shall not be responsible, and shall have no liability to you or any third party for any dispute or claim that arises out of your participation in this Benefit.

(l)You agree that this Promotion and these Terms and Conditions are governed, interpreted and enforced by the laws of Hong Kong, without regard to its conflict of laws principles. All legal actions, claims or proceedings arising out of, or in connection with this Benefit must be brought in a court of competent jurisdiction in Hong Kong.