hktdc.com Small Orders (Chinese Mainland) Dispute Resolution Rules

Article 1. General Provisions
1.1 hktdc.com Small Orders (Chinese Mainland) Dispute Resolution Rules (the "Dispute Resolution Rules" or "these Rules") refers to the basic procedures and standards that hktdc.com Small Orders (Chinese Mainland) refers to when acting as an independent and neutral third party for handling trade disputes between a Buyer and a Supplier ("Trade Dispute") at the Buyers' requests (applicable to cases where the products are not sold by the Platform). The Dispute Resolution Rules are developed for the purpose of ascertaining the ownership of the transaction funds and/or monetary compensations in Trade Disputes based on hktdc.com Small Orders (Chinese Mainland)'s independent judgment as hktdc.com Small Orders (Chinese Mainland) is hereby irrevocably and unconditionally authorised by the Buyers and Suppliers to make; and protecting the legal rights and interests of Buyers and Suppliers involved in a transaction on hktdc.com Small Orders (Chinese Mainland).
1.2 hktdc.com Small Orders (Chinese Mainland) will handle disputes between Buyer and Supplier based on laws and regulations and its independent judgment in accordance with the Dispute Resolution Rules at its sole discretion. hktdc.com Small Orders (Chinese Mainland) is not a judicial body. It has limitations in the ability to ascertain evidence and to handle disputes. hktdc.com Small Orders (Chinese Mainland) does not guarantee that the results of dispute resolution will meet the expectations of Buyer and/or Supplier, and will not be liable for any loss due to decisions on the dispute resolutions made in accordance with the Dispute Resolution Rules.
1.3 hktdc.com Small Orders (Chinese Mainland) has the right to amend the Dispute Resolution Rules and to publish the amended Dispute Resolution Rules on its website or by other means at any time. Unless otherwise specified, the amended Dispute Resolution Rules will automatically take effect upon publication.
1.4 Unless the context requires otherwise, terms defined in the hktdc.com Small Orders (Chinese Mainland) User Agreement (the "User Agreement") shall have the same meanings when used herein.
Article 2. Dispute Application and Handling
2.1 Different order statuses will be displayed on the "My Sourcing Order" page (for Buyer) and "Supplier Order History" page (for Supplier) on hktdc.com Small Orders (Chinese Mainland) website upon the actions of Buyer and Supplier. Buyers acknowledge that they may not be able to use certain functions on the Platform if they pay for an order as non-registered Buyers. Buyers are highly encouraged to register on the Platform in order to follow up with the order status, change order status and communicate with Suppliers on "My Sourcing Order" page, etc. After the Buyer pays for an order, the order status will be shown as "Processing". The Supplier has to acknowledge the order request from the Buyer by clicking "Confirm Order". The order status will then be changed to "Awaiting Shipment". After dispatching the products, the Supplier has to click "Confirm Dispatch" to change the order status to "Awaiting Buyer Confirmation". Suppliers are strongly advised to inform Buyer of the time required to prepare shipment and delivery time, dispatch products in a timely manner and provide Buyer with valid logistics information, such as delivery tracking number and proof of dispatch from logistics companies. If Supplier fails to ship out the products according to the Buyer's purchase, Content Suppliers have posted (such as the promised lead time on the product page) and any collateral communications with the Buyer, it shall bear the sole responsibility for such failure and any loss incurred in relation to the same, including but not limited to commercial loss incurred as a result of a request for refund due to unmet timeline.
2.2 Once the Buyer has received the products, it has the obligation to click "Confirm Receipt", to change the order status from "Awaiting Buyer Confirmation" to "Completed Order".
2.3 The order status will automatically be changed to "Completed Order" after 30 calendar days from the day on which the Supplier changed the order status to "Awaiting Buyer Confirmation", where the Buyer has not confirmed receipt of the products within such time limit. For example, if the order status is changed to "Awaiting Buyer Confirmation" on 1 January, the order will automatically be marked as "Completed Order" at the end of the day on 30 January.
2.4 Buyers can raise Trade Disputes by submitting a notice of such disputes at hktdc.com Small Orders (Chinese Mainland) Resolution Centre any time after the confirmation of successful payment until the 15th calendar day after the order status is changed to "Completed Order" (whether such change of order status was due to confirmation of receipt by the Buyer under Clause 2.2 or an automatic status change under Clause 2.3), for example, if the order status is changed to "Completed Order" on 1 January, Buyers can raise a Trade Dispute until the end of the day on 15 January. To submit such notice, Buyers should select the order which they would like to raise a dispute and supplement the notice with details including the reason of dispute, explanation of the dispute case and supporting documents.
2.5 Buyers must hold valid reasons when raising a dispute. For including but not limited to the following situations, hktdc.com Small Orders (Chinese Mainland) will NOT accept the applications for Trade Dispute handling:
  1. A Buyer raises the Trade Dispute beyond the prescribed time limit as set out in Clause 2.4;
  2. Unauthorised (or fraudulent) charges are made to a Buyer's payment account. If a Buyer noticed any unauthorised transaction made through its account, it may contact the third-party payment service provider of its payment account to follow up;
  3. In case of fraud committed by a third party, the corresponding liability shall be borne by the third party;
  4. A User changes his mind, unless there is mutual agreement between the Buyer and the Supplier;
  5. After a transaction has been completed, a Buyer requests for partial refund without return of products, but the Supplier requests to retrieve the products. Under such circumstances, the Supplier should contact the Buyer directly to negotiate or settle the Trade Dispute using other means;
  6. If a Buyer suffers any loss due to unreasonable risk to personal and property safety caused by the products, the Buyer and the Supplier must negotiate or resolve the Trade Dispute by other means; and
  7. A Buyer's re-application for a refund after the Buyer's initial request for refund has been rejected by hktdc.com Small Orders (Chinese Mainland) in accordance with the User Agreement.
hktdc.com Small Orders (Chinese Mainland) has its sole and absolute discretion to decide accepting the application for Trade Dispute handling or not.
2.6 The Buyers and Suppliers shall be deemed to have understood the dispute resolution procedures as set out in the Dispute Resolution Rules. Where a Trade Dispute is raised at the hktdc.com Small Orders (Chinese Mainland) Resolution Centre, the Buyers and the Suppliers must comply with the procedures for dispute resolution as set out in the Dispute Resolution Rules, follow the references provided on hktdc.com Small Orders (Chinese Mainland) system and/or the notifications sent by hktdc.com Small Orders (Chinese Mainland) via emails or other means and provide valid evidence at hktdc.com Small Orders (Chinese Mainland) Resolution Centre or to staff of hktdc.com Small Orders (Chinese Mainland) via email (as may be specified in the notification from hktdc.com Small Orders (Chinese Mainland) in relation to such matter) within the prescribed time limit to substantiate their claims. hktdc.com Small Orders (Chinese Mainland) reserves the right to, at any time request any party to provide additional documents to substantiate their claims within a specific time limit which may not be specified in these Rules.
2.7 hktdc.com Small Orders (Chinese Mainland) as an independent and neutral third party will conduct a formal review of the evidence provided by the Buyer and/or the Supplier. It will also handle the disputes and make decisions independently in accordance with the Dispute Resolution Rules. Both parties are responsible for the truthfulness, completeness, accuracy and timeliness of the evidence and the consequences for inability in adducing evidence. If either party does not provide evidence within the prescribed time limit in accordance with the Dispute Resolution Rules without proper reason, hktdc.com Small Orders (Chinese Mainland) will have the right to handle such disputes in accordance with the evidence it actually collects. For Trade Disputes that the Dispute Resolution Rules have not specified or when it is impossible to determine the responsible party for the dispute according to the Dispute Resolution Rules, hktdc.com Small Orders (Chinese Mainland) has the right to determine the proportion of liability each party should bear according to the actual situation, or choose not to handle the Trade Dispute or terminate the Trade Dispute handling at its sole and absolute discretion.
2.8 Due to operational needs, hktdc.com Small Orders (Chinese Mainland) may take around one to two months from the raising of a Trade Dispute to making a determination in resolution of Trade Dispute, depending on the Buyers' and Suppliers' ability to provide valid evidence in a timely matter and verification of evidence and processing by hktdc.com Small Orders (Chinese Mainland) under different circumstances of each case. The Users understand that the estimated time for making a determination and other time limit imposed on HKTDC as set out in the Dispute Resolution Rules are for reference only and may be delayed due to specific circumstances of each case. hktdc.com Small Orders (Chinese Mainland) makes no warranty to any timing of Trade Dispute handling, and shall not be held liable or responsible for any issue arising out of any Trade Dispute handling arrangement under any circumstance, save for gross negligence, fraud, or wilful misconduct on the part of hktdc.com Small Orders (Chinese Mainland).
Article 3. Resolution Rules
3.1 When a Buyer raises a Trade Dispute at the Resolution Centre on hktdc.com Small Orders (Chinese Mainland), it has to declare the reason of dispute as either "Item not received" or "Item not as described" (including but not limited to, the shape, size, quantity and weight of products).
3.2 Depending on different circumstances, hktdc.com Small Orders (Chinese Mainland) will use its independent judgment to handle Trade Disputes arising between the Buyer and the Supplier, make determination of the liability holder and then remit the transaction funds (including the amount of the product price and delivery cost for dispatch) based on the determination of the liability holder in the following manner:
  1. When a transaction fund is refunded in full to the Buyer, this implies that both product price and delivery cost for dispatch (if any) as shown on the transaction record shall be remitted to the Buyer, that is, the delivery cost for dispatch is borne by the Supplier. In the case that the Buyer and the Supplier has agreed that the delivery fee for dispatch will be paid by the Buyer upon receipt of the products, the Buyer will not be entitled to any compensation for the delivery cost for dispatch.
  2. When a transaction fund is released in full to the Supplier, this implies that both product price and delivery cost for dispatch (if any) as shown on the transaction record shall be remitted to the Supplier. In the case that the Supplier has provided free shipping, the Supplier will not be entitled to any compensation for the delivery cost for dispatch.
  3. When a transaction is settled by a partial refund, the transaction funds will be partially refunded to the Buyer and partially settled to the Supplier. In the absence of any determination by hktdc.com Small Orders (Chinese Mainland) in this regard, the Buyer and the Supplier have to communicate on their own regarding the amount. If the Buyer and the Supplier are unable to come to a conclusion on the amount to be partially refunded within 3 working days, the arrangement will depend on different circumstances set forth in these Rules.
3.3 Item not received
  1. Supplier shall, no later than 3 working days after the raising of Trade Dispute by the Buyer, provide valid evidence in relation to logistics to show that the Buyer has received the products. If the Supplier cannot prove that the Buyer has received the products, other valid evidence in relation to logistics shall be provided to show the product delivery status. Supplier is highly encouraged to communicate with the Buyer to use courier-sign or sign-for-acceptance delivery methods to deliver products.
  2. If the Supplier is able to provide valid evidence in relation to logistics within the prescribed time, hktdc.com Small Orders (Chinese Mainland) will endeavour to determine whether the Buyer has received the products or not according to the facts provided.
  3. If it is determined that the Buyer has received and accepted the products without raising further dispute, hktdc.com Small Orders (Chinese Mainland) will arrange for settlement of the transaction funds in full to the Supplier.
  4. If it is determined that the Buyer has not received the products, the arrangement depends on different circumstances:
    1. If the non-receipt of products is due to Buyer's refusal to accept the products, the Buyer must provide a proper reason. If the reason is that the products are inconsistent with the descriptions provided by the Supplier, the dispute will be resolved as product return under the dispute resolution mechanism of "item not as described" (Clause 3.4 b.i). If the Buyer refuses to accept the products without a proper reason, hktdc.com Small Orders (Chinese Mainland) will arrange for settlement of the transaction funds in full to the Supplier.
    2. If it is due to the fault of the Buyer that the Supplier fails to dispatch or is unable to deliver the product to the Buyer after shipment (for example, the Buyer provides an incorrect delivery address), the Buyer has to promptly contact the Supplier to work with the logistics company for further arrangement (for example, amending the delivery address to a correct one).
    3. If it is due to the fault of the Supplier that the Buyer cannot receive the products (for example, the Supplier inputs the incorrect delivery address), the Supplier has to promptly contact the logistics company for further arrangement (for example, amending the delivery address to a correct one).
    4. If it is proved that the Supplier has already shipped out the products but the Buyer cannot access the delivery information (for example, the Supplier has provided a wrong delivery tracking number or the logistics company could not provide delivery information previously), the Supplier has to communicate with the logistics company to provide valid delivery information to the Buyer.
    5. If the delivery tracking number proves that the products are still in transit, the Supplier has to check with the logistics company to see if the products are under normal delivery condition, obtain the extra delivery time required and provide further delivery information to the Buyer (where the Buyer indicated a specific logistics company and paid the delivery fee of such logistics company). If the Supplier changes the logistics company for delivery without the consent of the Buyer and results in a longer delivery time, it is highly recommended that both Buyer and Supplier shall communicate and negotiate with each other. A partial refund may be requested by the Buyer in this case. If the Buyer and the Supplier are unable to come to a conclusion on the amount to be partially refunded within 3 working days, hktdc.com Small Orders (Chinese Mainland) will make the decision on the amount to be refunded based on the standard rate of 0.5% of the total transaction amount of the order (including product price and delivery fee, if any, as shown on the order contract) for each day of delay (counting from the day on which the Buyer was expected to receive the products as provided by the logistics companies), provided that the amount refunded will not be less than 2% or exceed 50% of the total transaction amount of the order.
      1. For cases stated under Clauses 3.3 d. ii., iii., iv. and v., hktdc.com Small Orders (Chinese Mainland) will allow an additional 7 working days as a grace period, withhold the relevant transaction funds and/or (where appropriate) resolve the Trade Dispute on a case-by-case basis.
      2. If the Buyer can receive the products within the grace period, hktdc.com Small Orders (Chinese Mainland) will arrange for settlement of the transaction funds in full to the Supplier.
      3. If the Buyer still cannot receive the products after the grace period, hktdc.com Small Orders (Chinese Mainland) will determine the dispute resolution result and process the transaction funds based on the situation at that time. If it is due to the fault of the Buyer, hktdc.com Small Orders (Chinese Mainland) will arrange for settlement of the transaction funds in full to the Supplier. The Buyer has to promptly contact the logistics company to retrieve the products on its own or with the help from the Supplier. Any additional cost incurred shall be borne by the Buyer. If it is due to the fault of the Supplier or the logistics company, hktdc.com Small Orders (Chinese Mainland) will arrange for refund of the transaction funds in full to the Buyer. The Supplier has to promptly contact the logistics company to retrieve the products on its own, bear any additional cost incurred and/or seek compensation from the logistics company for any loss suffered on its own (where applicable).
    6. If it is due to the fault of the logistics company that the Buyer cannot receive the products, hktdc.com Small Orders (Chinese Mainland) will arrange for refund of the transaction funds in full to the Buyer. The Supplier shall seek compensation from the logistics company for any loss suffered on its own.
    7. All duties on imported products shall be borne by the Buyer, unless otherwise agreed between the Buyer and the Supplier. After the Supplier delivers the products in accordance with these Rules, the Buyer is obliged to accept the products, clear customs and pay customs duties. Suppliers acknowledge that there are potential risks in any trade transaction and they may have to bear any related additional cost. If the products are being held at the customs, both the Buyer and the Supplier have to provide the valid reason and supporting evidence to the other party to the transaction and hktdc.com Small Orders (Chinese Mainland) within 3 working days after receiving such notice from the customs. Both the Buyer and the Supplier shall provide all necessary documents to the customs as may be required within the time limit set by the customs for the Buyer's arranging of customs clearance. The Buyer and the Supplier have to closely communicate with each other and inform hktdc.com Small Orders (Chinese Mainland) on the progress of customs clearance via the Resolution Centre or email to the staff of hktdc.com Small Orders (Chinese Mainland).
      1. If the Buyer cooperates to process the customs clearance procedures and the customs releases the products, hktdc.com Small Orders (Chinese Mainland) will arrange for settlement of the transaction funds in full to the Supplier.
      2. If the Buyer does not cooperate to process the customs clearance procedures within the prescribed time limit and results in failure of product delivery, the dispute will be determined in the Supplier's favour. If the products are returned to the Supplier, only the amount of the product price included in the transaction funds will be refunded to the Buyer. The Buyer has to bear the delivery cost for dispatch and return of such product to the Supplier. If the Supplier is charged by the logistics company for the return shipment, the Supplier has to provide valid evidence to hktdc.com Small Orders (Chinese Mainland). The Supplier will be compensated for such amount (together with the delivery cost for dispatch), which will be deducted from the transaction funds to be refunded to the Buyer. In case the total amount of the delivery cost for dispatch and return exceeds the amount of the transaction funds, the Supplier will not be compensated for the excess. Under any circumstance, the amount released by hktdc.com Small Orders (Chinese Mainland) to any User will not exceed the total transaction amount of the order (including product price and delivery fee, if any, as shown on the order contract) or USD1,000, whichever is lower. The Supplier is highly encouraged to communicate with the Buyer in order to minimise any potential loss. If the products are (including but not limited to) being confiscated or destroyed by the customs; or discarded or destroyed by the logistics company, the transaction funds will be released in full to the Supplier. The customs or the logistics company may charge the Supplier a fine and/or handling fee. Meanwhile, the Buyer has to bear the loss incurred due to the inability to receive the products.
      3. If the Buyer fails to clear the customs within the prescribed time limit and cannot receive the products due to the Supplier's fault (including without limitation the Supplier's failure to cooperate in the customs clearance process), the dispute will be determined in the Buyer's favour. If the products are returned to the Supplier, hktdc.com Small Orders (Chinese Mainland) will arrange for refund of the transaction funds in full to the Buyer and the Supplier has to bear the delivery fee for dispatch and return. If the products are (including but not limited to) being confiscated or destroyed by the customs; or discarded or destroyed by the logistics company, the transaction funds will be refunded in full to the Buyer. The Supplier has to bear any fine and/or handling fee incurred and the loss incurred due to the inability to retrieve the products.
    8. Users are obliged to check the customs, export and import regulations regularly and comply with the relevant regulations. hktdc.com Small Orders (Chinese Mainland) shall not be liable or responsible under any circumstance to clear the customs, pay customs duties, taxes, surcharges or penalty imposed by the customs, delivery fee for product return or handling fee charged by the logistics company etc. on the behalf of the Users.
  5. If the Supplier fails to provide valid evidence under Clause 3.3 b. within the prescribed time, the dispute will be determined in the Buyer's favour.
    1. If the Supplier fails to provide a valid reason, the transaction funds will be refunded in full to the Buyer.
    2. If the Supplier claims that it has not dispatched the products at the time the Buyer raises a dispute, the Supplier has to communicate with the Buyer to decide whether the products should be dispatched or not. The decision shall be made in 3 working days after it makes the claim.
      1. If the Buyer and the Supplier come to a consensus that the products should be shipped out, the dispute case will be deemed to be closed. hktdc.com Small Orders (Chinese Mainland) will arrange for settlement of the transaction funds in full to the Supplier.
      2. If the Supplier dispatches the products without the consent of the Buyer after its raising of the dispute, hktdc.com Small Orders (Chinese Mainland) will arrange for refund of the transaction funds in full to the Buyer. The Supplier has to promptly retrieve the products on its own and bear the delivery cost or other related cost incurred (unless the Buyer has already signed and confirmed the receipt of the products). The Supplier is highly encouraged to communicate with the Buyer in order to minimise any potential loss.
      3. If the Buyer and the Supplier come to a consensus that the products shall not be shipped out, or the Supplier decides not to dispatch the products without communicating with the Buyer, hktdc.com Small Orders (Chinese Mainland) will arrange for refund of the transaction funds in full to the Buyer.
  6. Buyers should be cautious in changing the order status and shall not click "Confirm Receipt" before receiving the product.
3.4 Item not as described
  1. Buyer shall provide valid evidence to substantiate its claim within 3 working days after raising the dispute, to show that at the time of acknowledging the receipt of products, the products do not match the description on the Website, the order form or the agreements made between the Buyer and the Supplier previously.
  2. If the Buyer is able to provide valid evidence within the prescribed time, hktdc.com Small Orders (Chinese Mainland) will make a determination as to whether the product is not as described and (where appropriate) direct the Buyer and the Supplier to work to mutually agree on resolving the Trade Dispute by way of one of the following options within 3 working days.
    1. return of all products in the order to the Supplier; or
    2. a partial refund without product return, with transaction funds partially refunded to the Buyer and partially settled to the Supplier. The Buyer and the Supplier have to communicate on their own regarding the amount of partial refund. If the Buyer and the Supplier are unable to come to a conclusion on the amount to be partially refunded within 3 working days, the dispute shall be resolved under a return of all products in the order to the Supplier as in Clause 3.4 b.i.
    If the products are seriously damaged due to the logistics company's fault, the Supplier shall seek compensation from the logistics company for any loss suffered on its own additionally.
  3. If the Buyer fails to provide valid evidence to prove the products delivered do not conform to the product descriptions within the prescribed time, the dispute case will be deemed to be closed. hktdc.com Small Orders (Chinese Mainland) will arrange for settlement of the transaction funds in full to the Supplier.
  4. In the case where it is determined that the dispute should be resolved by return of products to the Supplier (Clause 3.4 b.i.), the Supplier shall provide a valid delivery address for product return within 3 working days after receiving the determination of hktdc.com Small Orders (Chinese Mainland).
    1. If the Supplier can provide a delivery address for product return within the prescribed time, the Buyer has to communicate with the Supplier for the means of delivery for product return. The Buyer is under an obligation to process the product return in a timely manner and clearly state the delivery method used and provide the delivery tracking number at hktdc.com Small Orders (Chinese Mainland) Resolution Centre.
    2. If the Supplier fails to provide a delivery address for product return within the prescribed time, it will be determined that the dispute will be resolved by refund of the transaction funds in full to the Buyer.
    When a transaction is settled by a return of products to the Supplier, the Buyer understands that it has to bear the cost incurred, such as return delivery cost and shipping insurance fee, unless otherwise agreed between both parties. Thus, Buyers must think cautiously on the decision of raising a request on returning products. If the Supplier is charged by the logistics company for return shipment, the Supplier has to provide valid evidence to hktdc.com Small Orders (Chinese Mainland). Then, the Supplier will be compensated for the amount, which will be deducted from the transaction funds to be refunded to the Buyer. In case the return delivery cost exceeds the amount of the transaction funds, the Supplier will not be compensated for the excess. Under any circumstance, the amount released by hktdc.com Small Orders (Chinese Mainland) to any User will not exceed the total transaction amount of the order (including product price and delivery fee, if any, as shown on the order contract) or USD1,000, whichever is lower. The Supplier is highly encouraged to communicate with the Buyer in order to minimise any potential loss.
  5. In the case where it is determined that the dispute should be resolved by return of products to the Supplier (Clause 3.4 b.i.), the Supplier is under an obligation to accept the product. If the Supplier confirms the receipt of products within 15 working days after providing the delivery address for product return, it has to confirm within 3 working days whether the products are of the same quality as when it was shipped out to the Buyer.
    1. If it is confirmed that the products are of the same quality as when it was shipped out, hktdc.com Small Orders (Chinese Mainland) will arrange for refund of the transaction funds in full to the Buyer.
    2. If the Supplier claims that the returned products are not of the same quality as when it was shipped out (for example, returned products being damaged or the parcel is empty), the Supplier has to provide valid evidence to substantiate its claim as supported by a third party (for example, logistics company or police), within 3 working days after confirming the receipt of products.
      1. If the Supplier is able to provide valid evidence within the prescribed time, hktdc.com Small Orders (Chinese Mainland) will arrange for settlement of the transaction funds in full to the Supplier. If the products are seriously damaged due to the logistics company's fault, the Buyer shall seek compensation from the logistics company for any loss suffered on its own additionally.
      2. If the Supplier fails to provide valid evidence within the prescribed time, hktdc.com Small Orders (Chinese Mainland) will arrange for refund of the transaction funds in full to the Buyer.
  6. If the Supplier cannot confirm the receipt of the products within 15 working days after providing the delivery address for product return, the arrangement depends on different circumstances:
    1. If the Supplier refuses to accept the products, it must provide a proper reason. If the reason is that the products are inconsistent with their condition at the time they were being shipped out, the dispute will be resolved under the dispute resolution mechanism stated at Clause 3.4 e.ii. If the Supplier refuses to accept the products without a proper reason, hktdc.com Small Orders (Chinese Mainland) will arrange for refund of the transaction funds in full to the Buyer.
    2. If it is due to the fault of the Supplier that the Buyer fails to ship out the products or is unable to return the products to the Supplier after shipment (for example, the Supplier provides an incorrect delivery address for product return), the Supplier has to promptly contact the Buyer to work with the logistics company for further arrangement (for example, amending the delivery address for product return to a correct one).
    3. If it is due to the fault of the Buyer that the Supplier cannot receive the products (for example, the Buyer inputs the incorrect delivery address for product return or not shipping out the products within a reasonable period of time), the Buyer has to promptly contact the logistics company for further arrangement (for example, amending the delivery address for product return to a correct one or arranging the return of products as soon as possible).
    4. If it is proved that the Buyer has already shipped out the products but the Supplier cannot access the delivery information (for example, the Buyer has provided a wrong delivery tracking number or the logistics company could not provide delivery information previously), the Buyer has to communicate with the logistics company to provide valid delivery information to the Supplier.
    5. If the delivery tracking number shows that the returned products are still in transit, the Buyer has to check with the logistics company to see if the products are under normal delivery condition, obtain the extra delivery time required and provide further delivery information to the Supplier.
      1. For cases stated at 3.4 f. ii., iii., iv. and v., hktdc.com Small Orders (Chinese Mainland) will provide an additional 7 working days as a grace period, withhold the relevant transaction funds and/or (where appropriate) resolve the dispute on a case-by-case basis.
      2. If the Supplier can confirm the receipt of the products within the grace period, clause 3.4 e. i. or 3.4 e. ii. shall apply.
      3. If the Supplier still cannot confirm the receipt of the product after the grace period, hktdc.com Small Orders (Chinese Mainland) will determine the dispute resolution result and process the transaction funds based on the situation at that time. If it is due to the fault of the Supplier, hktdc.com Small Orders (Chinese Mainland) will arrange for refund of the transaction funds in full to the Buyer. The Supplier has to promptly contact the logistics company to retrieve the products on its own or with the help from the Buyer. Any additional cost incurred shall be borne by the Supplier. If it is due to the fault of the Buyer or the logistics company, hktdc.com Small Orders (Chinese Mainland) will arrange for settlement of the transaction funds in full to the Supplier. The Buyer has to promptly contact the logistics company to retrieve the products on its own, bear any additional cost incurred and/or seek compensation from the logistics company for any loss suffered on its own (where applicable).
    6. If it is due to the fault of the logistics company that the Supplier cannot receive the products, hktdc.com Small Orders (Chinese Mainland) will arrange for settlement of the transaction funds in full to the Supplier. The Buyer shall seek compensation from the logistics company for any loss suffered on its own.
    7. When products are being returned to Supplier's location, all duties on imported products should be borne by the Supplier, unless otherwise agreed between the Buyer and the Supplier. After Buyer returns the products in accordance with these Rules, the Supplier is obliged to receive the products, clear the customs and pay the customs duties.
      1. If the Supplier cooperates to process the customs clearance procedures and the customs releases the products, the transaction funds will be refunded in full to the Buyer.
      2. If Supplier does not cooperate to process the customs clearance procedures within the prescribed time limit, the products may be (including but not limited to) confiscated or destroyed by the customs; or discarded or destroyed by the logistics company. The Supplier has to bear any fine and/or handling fee incurred and the loss incurred due to the inability to retrieve the products. Meanwhile, the transaction funds will be refunded in full to the Buyer. Users are obliged to check the customs, export and import regulations regularly and comply with the relevant regulations. hktdc.com Small Orders (Chinese Mainland) shall not be liable or responsible under any circumstance to clear the customs, pay customs duties or taxes, surcharges or penalty imposed by the customs or handling fee charged by the logistics company etc. on the behalf of the Users.
Article 4. Enforcement of Refund
4.1 After hktdc.com Small Orders (Chinese Mainland) has made a decision on the resolution result of a dispute, it has the right to instruct the Third-Party Payment Institution to proceed full or partial refund to the relevant Buyer through the original payment method or proceed payment to the Supplier.
4.2 Buyers are well-aware that different payment gateways have different refund time limit. For Alipay, Tenpay and WeChat Pay, the maximum refund period is within 90 calendar days (subject to change) since payment. For China UnionPay, the refund period is within 30 calendar days (subject to change) since payment. If the time limit is exceeded at the time hktdc.com Small Orders (Chinese Mainland) decides to proceed refund to the Buyers, refund cannot be done through the original payment gateway. hktdc.com Small Orders (Chinese Mainland) has the right to proceed refund to the Buyers through other reasonable means (for example, the issuing of Sourcing Credit). Buyers are also well-aware that USD is used on the Platform, while Buyers will pay and be refunded in RMB. Buyers understand when the Third-Party Payment Institutions process refund, they may convert the currencies at an exchange rate different from the one during their payment. hktdc.com Small Orders (Chinese Mainland) will not assume any responsibility for any loss incurred as a result of such difference.
4.3 Due to operational needs (including but not limited to fund remittance processing), hktdc.com Small Orders (Chinese Mainland) makes no warranty as to any timing of the refund settlement, and shall not be held liable or responsible howsoever for any delay or failure in refund settlement or otherwise arising out of any refund settlement arrangement under any circumstance, save for gross negligence, fraud, or wilful misconduct on the part of HKTDC.
4.4 If hktdc.com Small Orders (Chinese Mainland) decided to refund to the Buyer, which the settlement to the Supplier has been processed, hktdc.com Small Orders (Chinese Mainland) may choose to refund to the Buyer on behalf of the Supplier. Thereafter hktdc.com Small Orders (Chinese Mainland) has the right to require the Supplier to return the amount to hktdc.com Small Orders (Chinese Mainland) or directly set off the amount of refund from the amount which would otherwise be payable and/or settled by hktdc.com Small Orders (Chinese Mainland) to the Supplier. In the case of any discrepancy between the calculation of hktdc.com Small Orders (Chinese Mainland) and the Supplier, the records kept by hktdc.com Small Orders shall prevail if the Supplier fails to provide valid evidence to the contrary. If any Supplier is considered to be adversely affecting the Platform's reputation and/or Buyer's experience, hktdc.com Small Orders (Chinese Mainland) has the rights to terminate the relevant Supplier's User account, and claim against the Supplier for any liability, claim, demand, action, proceeding, loss, damages, penalty, tax, costs, charge and expense of any kind arising out of or in connection with its act.
4.5 Buyers and Suppliers have the obligation to ensure the accuracy of transaction information and avoid disputes and refunds. hktdc.com Small Orders (Chinese Mainland) reserves the right to charge Buyers and/or Suppliers fees for refund handling.
Article 5. Supplementary Provisions
5.1 If hktdc.com Small Orders (Chinese Mainland) has already intervened in a dispute before the modification of the Dispute Resolution Rules and/or the taking effect of any updated Dispute Resolution Rules, the rules in effect at the time of intervention would be applicable. If hktdc.com Small Orders (Chinese Mainland) intervened a dispute after the rules were modified or came into effective, the modified or new rules will be applicable.
© 2000-2017 香港贸易发展局版权所有,对违反版权者保留一切追索权利。