Official Rules for “On Time Delivery”
(the “Official Rules”)
These terms and conditions under the Official Rules apply to the “On Time Delivery” promotional campaign (each, a “Promotion”) on Alibaba.com International Website (www.alibaba.com) (“Alibaba.com”).
1. The Promotion: During the Promotion Period (as defined in Clause 2), any Eligible Member (as defined in Clause 5) who satisfy the requirements under Clause 6 shall be entitled to receive “On Time Delivery” service, when they purchase the Selected Products (as defined in Clause 6(a)(i)).
2. Promotion Period: The Promotion commences from September 2, 2019 09:00:00 Pacific Time (PDT) to September 30, 2019 23:59:59 Pacific Time (PDT) (the “Promotion Period”).
3. Promoter: Alibaba (China) Technology Co., Ltd, a company incorporated in the People’s Republic of China with registered office address at No. 699, Wangshang Road,Binjiang District, Hangzhou City, Zhejiang Province, People’s Republic of China (the “Promoter”).
4. Availability: This Promotion is available on Alibaba.com, Alibaba.com mobile site, Alibaba iPhone and Android App, as well as Android Pads.
5. Eligible Member: You must be a registered member of Alibaba.com. Notwithstanding that, any person who is an employee, officer and/or director of the Promoter (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 participate in this Promotion.
6. Promotion-specific Rules:
(a) Each Eligible Member shall adhere to the following process to qualify for and take part in the Promotion:
(i) Step 1: Eligible Member shall: (A) select products of Trade Assurance suppliers that support “Alibaba.com Parcels” (“Shipping Option”) and ensure that the Shipping Option must have an “On Time Delivery” tag appearing next to it on Alibaba.com (and its mobile-optimized versions) (“Selected Products”); and (B) place its order (“Purchase Order”);
(ii) Step 2: Eligible Member shall choose the Shipping Option with “On Time Delivery” tag appearing next to them as the shipping method;
(iii) Step 3: Eligible Member shall click on the “Start Order” button and complete the relevant payment on or before September 30, 2019 23:59:59 Pacific Time (PDT); and
(iv) Step 4: If an Eligible Member placed an order with “On Time Delivery” service, such Eligible Member (or its designated recipient) will receive the order within five (5)business days after the Shipment Date (as defined below) (“Delivery Period”). If not, the Eligible Member may apply for a refund of the shipping fee (up to US$100).
(b) For the avoidance of doubt, please note the following:
(i) this Promotion shall apply to those Selected Products only;
(ii) The term “Shipment Date” refers to the date on which the products under any Purchase Order have been delivered by the logistics service provider chosen by an Eligible Member pursuant to Clause 6(a)(ii). For the purposes of determining the exact Shipment Date, each Eligible Member shall refer to the Order Details Page (as defined below) for the relevant Purchase Order, and the “Shipment Date” shall be the date shown on the Order Details Page when the status of the Purchase Order has been updated and appears as “Receiving”, and it states that “the order has been shipped” with a “Shipment” tag next to it. The Shipment Date shown on the Order Details Page shall be final and binding.
(iii) All Eligible Members may access the “Order Details Page” through “Home > My Alibaba > Order Management > All Orders > Order Details” after logging in their Alibaba.com accounts.
(iv) The term “Delivery Period” shall be computed from the first (1st) business day 00:00:00 Beijing Time after the Shipment Date to the fifth (5th) business day 23:59:59 (Local Time). The Delivery Period does not include supplier manufacturing lead time, public holidays and weekends in both the delivering country and destination country.
(v) The Promoter reserves the right of final interpretation of the terms “Shipment date”, “Delivery Period”, “Refund”, “Late Delivery”, “Refund Period”,“September 10 Purchase Order”, “Refund Cap” and “Delivery Cut-Off Time”.
(c) The shipping address/destination of the Eligible Member (or its designated recipient) must be located in one of the following countries: United States, Canada, Mexico,United Kingdom, France, Germany, Netherlands, Spain, Italy, Switzerland, Sweden, Denmark, Norway, Ireland, Czech, Poland, Finland, Australia, Thailand, Singapore,Philippines, Japan or South Korea. This Promotion shall not apply if the shipping address/ destination is: (i) located at any Fulfillment by Amazon (FBA) warehouses; or (ii)with certain specific postcodes as may be determined by the Promoter at its sole discretion.
(d) Rules relating to any refund of shipping fee (“Refund”):
(i) Any Eligible Member shall be entitled to the Refund if its Purchase Order was not delivered to the Eligible Member (or its designated recipient) within the Delivery Period (“Late Delivery”).
(ii) In the case of Late Delivery, such Eligible Member may apply for the Refund within thirty (30) days after the “Estimated Delivery Date” which is shown on the Order Detail Page (“Refund Period”). The Promoter will request for the Eligible Member’s bank information and remit the shipping fee in due course. Any Eligible Member who (i) did not submit any application for the Refund within the Refund Period or (ii) failed to provide its bank information to the Promoter within thirty (30) days from the Promoter’s first request date for such information shall be deemed to have waived its right in relation thereto.
(iii) For any successful application for the Refund, the Eligible Member shall be entitled to receive an amount which is equivalent to the shipping fee paid thereby for its Purchase Order. Notwithstanding that, unless the products involved in any case of the Late Delivery were purchased pursuant to a Purchase Order made on September 10,2019 23:59:59 Pacific Time (PDT) (“September 10 Purchase Order”), all Refund of any Purchase Order made on any other dates shall be subject to a cap of US$100 (“Refund Cap”). In the event where any Late Delivery involves products that were purchased pursuant to any September 10 Purchase Order, the Refund Cap shall be US$200.
(iv) Each Eligible Member may apply for one (1) Refund only for each Purchase Order.
(v) In the event where there are two (2) or more Purchase Orders of the same Eligible Member in the same shipping and such shipping fails to deliver to the Eligible Member (or its designated recipient) within the Delivery Period, the Eligible Member shall be entitled to one (1) Refund only and the amount of the Refund will be based on the highest shipping fee paid by the Eligible Member amongst those Purchase Orders, subject always to the applicable Refund Limit.
(vi) If any Purchase Order is cancelled prior to the Shipment Date, such Purchase Order shall no longer be entitled to the “On Time Delivery” service.
(e) Under the following circumstances, the Promoter shall not have any obligation to make any Refund to any Eligible Member:
(i) Unusual Custom Operation: This includes but not limited to any delay, confiscation and/or destruction of products due to unexpected/uncommon custom declaration 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) and unclear description of any commercial invoices;
(ii) Reasons Attributable to Recipient: This includes but not limited to the need to seek for further confirmation/clarification from recipients for some information during the course of delivery and/or shipping, any delay due to the time taken by recipients to settle any applicable tariff, levy and etc., any refusal by recipients to acknowledge receipt of the products;
(iii) Supplier or recipient has notified to discard the products, or has made additional requests that are uncommon and/or unreasonable; and
(iv) Any delays which are due to reasons not attributable to the Promoter or its logistics service providers including force majeure or any reasons attributable to supplier or recipient.
(f) Notwithstanding anything to the contrary, any Eligible Member will only be entitled to receive the “On Time Delivery” services provided that the Shipment Date for any Purchase Order is prior to October 31, 2019 23:59:59 Beijing Time (“Delivery Cut-Off Time”). In the event where the Shipment Date of any Purchase Order is beyond the Delivery Cut-Off Time, the Eligible Member shall not be entitled to receive the “On Time Delivery” service. All Eligible Members agree and acknowledge that none of the Promoter or its affiliates shall be held liable for any claims, losses, damages (directly or indirectly) as a result thereof.
(g) All Eligible Members will not be entitled to receive “On Time Delivery” service in the following events:-
(i) if the suppliers fail to arrange for shipment of the products under any Purchase Order in accordance with the Shipping Option chosen by the Eligible Members; or
(ii) if it is subsequently discovered that, due to the nature of the products under any Purchase Order of the Eligible Members, the Shipping Option does not support the shipment of the products and the shipment has to be conducted by other logistics service providers.
Notwithstanding anything to the contrary, the Eligible Member agrees to waive any claims and/or rights to commence any legal actions against any party (including but not limited to the Promoter, its affiliates, logistics service provider and/or suppliers) that it may have in respect of the events set out above.
(h) Shipment which contains hazardous materials shall not be accepted.
(i) 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 Eligible Members shall be obliged to contact the relevant suppliers, and to request the suppliers to confirm such specifications and requirements with the logistics service provider chosen by the Eligible Members.
(j) The Promoter (or the logistics service provider chosen by the Eligible Member) shall have the right to destroy any products at the sole costs and expenses of the Eligible Member in the following scenarios:
(i) the products (or any part thereof) have failed to pass any custom clearance due to any reason attributable to the Eligible Member including but not limited to its failure to settle any duty and levy in relation thereto; and
(ii) the Eligible Member refuses to accept delivery.
7. General Rules:
(a) By participating in this Promotion, you agree to be bound by the Official Rules.
(b) Any fraud and/or abuse of the offers awarded/ received under the Promotion (“Offers”) by you (as determined by the Promoter at its sole discretion) will result in forfeiture of your eligibility to the Offers and/or cancellation of all or part of your account(s) with the Promoter. The Promoter reserves the right to deduct the value of any Offers awarded inappropriately to you directly from your account(s) with the Promoter without prior notice and/or take legal action in such instances to recover any outstanding amounts.
(c) In the event that the Promotion is ceased or suspended by the relevant authorities or due to serious network attack or system fault, the Promotion may be terminated prematurely. Such situation shall constitute a force majeure event and the Promoter shall not be liable for any damages or claims that arise out of the event.
(d) The Promoter 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) In the event that the Promotion becomes inoperable due to any computer network related reasons, you agree that the Promoter shall not be held liable for any damages.
(f) Time and validity of any transactions and/or your eligibility to the Offers shall be determined by the Promoter at it sole discretion based on the Promoter’s record. If there is any discrepancy between the record of transaction held by you and that held by the Promoter, the Promoter’s record shall be conclusive and binding on you.
(g) The Promoter reserves the right to amend the Official Rules as well as to vary or terminate any of the Offers upon notice. In the event of disputes, the decision of the Promoter shall be final and binding.
(h) The Promoter reserves the right and absolute discretion to cancel or revoke your right to participate in the Promotion or use any Offers, upon discovery of your violation of the Official Rules or your dishonest, malicious, fraudulent, unlawful or, in the opinion of the Promoter, inappropriate acts in your participation in the Promotion.
8. Conflict of Terms and Conditions:
(a) In case of any discrepancy in the content between the English and other non-English language versions of the Official Rules, the English version shall prevail.
(b) In the event that any of the terms under the Official Rules conflict with rules and/or any such related information displayed elsewhere on Alibaba.com, the terms under the Official Rules shall prevail.
9. Disclaimer: TO THE MAXIMUM EXTENT PERMITTED BY LAW, In no event will the promoter (and/or any of its Affiliates) be liable to YOU for any direct, INDIRECT, special,incidental, exemplary, punitive or consequential damages (including loss of use, data, business or profits) arising out of or in connection with your participation in thIS PROMOTION, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, and whether or not Sponsor HAs been advised of the possibility of such loss or damage.
10. Disputes: You acknowledge and agree that the Promoter or any of its affiliates shall not be responsible, and shall have no liability to it or anyone else for any dispute or claim that arises out of the your participation in the Promotion.
11. Governing Law: You agree that this Promotion is governed, interpreted and enforced by the laws of Hong Kong, without regard to its conflict of laws principles. Any and all legal actions, claims or proceedings arising out of, or in connection with this Promotion must be brought in a court of competent jurisdiction in Hong Kong.