B2B daiGor Transaction Dispute Rules
- Section 1.0: Overview
1.1 These Rules are formulated in accordance with relevant provisions to any existing agreements Buyer and Seller has with B2B Commerce (M) Sdn Bhd or its affiliates (collectively as “B2B”) in regards to the B2BDaiGor.Com’s electronic online web-based platform for Members to exchange information and conclude sale and purchase transactions of Verified Suppliers Member’s products and/or services by using the online B2BDaiGor.com’s Web-Based Transaction Platform, INCLUDING use of any online service location (e.g., website or mobile app) (“B2BDaigor.com Website”), all features, widgets, plug-ins, applications, content, downloads and other services make available through a B2BDaigor.com Website, and/or any post or link (collectively the “Platform”), to protect the rights and interests of the Buyer and Seller with respect to online transactions on the Platform.
1.2 The following Rules shall apply to the Buyer and/or Seller after an online sale and purchase of products transaction has been completed through the Platform, subject always that either the Buyer or Seller has submitted a dispute to B2B through the Platform.
1.3 Notices related to disputes sent by B2B to the Buyer and/or Seller through the Platform, official communication tools, e-mail, telephone, etc. constitute the basis for deciding the disputes.
Section 2.0: Definitions
2.1 Except where the context otherwise requires, or unless these Rules otherwise provides, all words and expressions used or referred to in these Rules have the same meanings as provided for in the existing agreements between B2B with the Buyer and/or Seller, and in addition shall include where the context so permits shall be as defined herein.
Section 3.0: Acceptance
3.1 Application for dispute resolution shall be made within the time limit prescribed by B2B, which shall not exceed 14 calendar days after the date of the products has been collected by the Buyer or its appointed logistic party.
3.2 Notwithstanding the above, B2B has the right to extend the time limit to accept the application for dispute resolution if, in B2B reasonable opinion, there is a dispute involving suspected fraud (including but is 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 B2B considers necessary.
3.3 B2B has the right to refuse to accept an application, where the applications are:
- An application for dispute resolution that was not filed within the time limit;
- An application for dispute resolution that the Seller and Buyer has reached a settlement;
- An application for dispute resolution that the Buyer and/or Seller colluded in bad faith and use the Platform to conduct false transactions or commit other illegal acts;A
- n application for dispute resolution that is after a Refund is processed, the Seller is unable to retrieve the products, thereby resulting in a dispute;
- An application for dispute resolution where the party’s claims for compensation exceeds the amount of the transaction (including purchase price, inspection fees, shipping and bank charges), unless otherwise specified;
- An application for dispute resolution that B2B is unable to accept based on the evidence provided by the parties;
- An application for dispute resolution that is not related to the Online Transaction (including, without limitation, the product violates the product posting rules of B2B and defamation by either the Seller and/or the Buyer); and
- Where these Rules have special provisions about other circumstances that will not be accepted, wherein such provisions shall prevail.
Section 4.0: General Rules
4.1 The Buyer and/or Seller shall provide evidence of their respective claims and/or defense no later than three (3) working days after submitting an application for dispute resolution or receiving the notice of dispute resolution from B2B.
4.2 The Buyer and/or Seller undertakes that the evidence provided is authentic, complete, relevant and legitimate.
4.3 B2Bhave the right to, but is not obliged 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.
4.4 If a party submits false, altered, or forged evidence, or fails to submit evidence that meets relevant requirements within the time limit set by B2B, B2B has the right to terminate the dispute resolution process or make a decision based on the evidence submitted.
4.5 The correspondences between the Buyer and Seller via communication tool(s) provided by B2B will serve as basis for consideration of the 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 consideration of the dispute resolution, unless both the Buyer and Seller agree that such correspondence are authentic and valid.
4.6 Where correspondences between the Buyer and 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.
4.5 Where the Buyer and Seller agree on liquidated ascertained damages or compensation in the Purchase Contract or during the course of their communication, if either party claims for liquidated ascertained damages or compensation for actual losses after the other party defaults, B2B will support such claim. If such liquidated ascertained damages or compensation clause contradicts the rules of the B2BDaiGor Website, the clause which provides for a higher damage shall prevail.
Section 5.0: Shipment
5.1 The Seller shall fulfill the Seller’s obligation of shipment of products in accordance with the shipment date, shipment method, and delivery information as stipulated in the purchase order, and provide corresponding documents or certificates according to the purchase order.
5.2 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 an application by the Buyer for a refund of the purchase price (“Refund”), the Seller shall liaise and negotiate with the Buyer, and arrange for shipment again upon mutual agreement, or submit an application to B2B for a resolution.
5.3 If the products are not delivered in accordance with Section 5.0 of these Rules, or the Buyer rejects the products, the purchase price shall be refunded to the Buyer. If the Seller needs to retrieve the products, it shall contact the carrier itself to handle the return, and all the resulting expenses and risk of the products shall be borne by the Seller.
5.4 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 (“Return”) on the grounds of Seller’s breach of Section 5.0 of these Rules after the Buyer has signed or taken initiative to confirm receipt of products, B2B shall not support such Refund or Return, except where the Seller takes improper measures to induce the Buyer to confirm receipt of products, the parties shall reach an agreement amongst themselves.
5.5 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. B2B shall not support Buyer’s claim against the Seller for late shipment or delivery.
5.6 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.
5.7 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 purchase order, the purchase price shall be refunded.
5.8 If the Seller ships the products via B2B logistics service as agreed with the Buyer, and the products have not been properly delivered within 60 days after the shipment, the purchase price shall be refunded to the Buyer, and the Seller shall contact B2B appointed logistic company on its own to retrieve the products.
Section 6.0: Receipt of Products
6.1 The Buyer shall accept the delivery of products in accordance with the purchase order 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.
6.2 The Buyer shall ensure that the delivery information provided to the Seller are true, accurate, and valid. If any of the delivery information is to be amended, consent shall first 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.
6.3 If the Buyer is in breach of the provisions relating to the receipt of products as stipulated in Section 6.0 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 order amount; if the products are received by others, damaged, or lost, the Buyer shall pay the Seller.
6.4 Where, after the purchase order has been placed and 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 order amount.
6.5 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 Return 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.
6.6 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.
Section 7: Inspection of Products
7.1 The Buyer may inspect whether the quality of the Seller’s products is consistent with relevant provisions of the order 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, B2B may designate a third-party inspection organization 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 B2B.
7.2 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 order upon inspection, the Seller shall take remedial measures within the period agreed by both the Buyer and Seller or otherwise as determined by B2B, otherwise, B2B shall support the Refund application by the Buyer. If the Buyer and the Seller otherwise reach an agreement, such agreement shall prevail.
7.3 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 order, B2B shall support the Return and Refund or an application for refunds of a portion of the purchase price to the Buyer after the Buyer signs for receipt of the products delivered by the Seller (“Partial Refund”), 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.
7.4 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 order or the agreement reached between the parties. If said ratio has not been agreed upon, B2B has the right to determine the sampling inspection ratio based on common industry practices, and if a product fails to pass the sampling inspection, such entire batch of products shall be deemed as inferior.
Section 8: Returning and Replacement of Products
8.1 After the Buyer and the Seller has 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 is inconsistent with the purchase order, 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 the application for Return, B2B may require the Seller to submit the application for the Return on its own, and the Buyer shall provide necessary assistance.
8.2 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, B2B shall release Payment to the Seller.
8.3 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, B2B shall support the application for Refund.
8.4 Where the parties has reached an agreement on returning or replacement of products, or where B2B has requested the Buyer to return the products, and if the Buyer cannot properly complete the Return for reasons attributable to the Seller, the risk of the products being not returned to the Seller shall be borne by the Seller, and in such a case, B2B shall support the application for Refund 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, B2B shall support the Release of Payment to the Seller.
Section 9: Customs Detention and Freight
9.1 If the Buyer applies for a refund of the products which are detained by customs (“Customs Detention Products”), the Buyer shall submit a valid certificate for the detention of the products within the time limit set by B2B. B2B will determine allocation of liabilities for Custom Detention Products according to the customs detention certificate and the provisions of the purchase order between the parties, and require the liable party to take remedial measures within a certain time limit.
9.2 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 B2B, B2B shall support the release of the 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, B2B shall support the application for Refund to the Buyer, and the risk of the products not being able to returned to the Seller shall be borne by the Seller.
9.3 Fines, warehousing fees, shipping costs for returning products, and other losses resulting from Customs Detention Products shall be borne by the liable party as determined by B2B, and if said losses are otherwise agreed upon by the Parties, such agreement shall prevail.
9.4 Any dispute arising between the Seller and the Buyer in respect of freight fees shall first be resolved according to the provisions of the purchase order between the parties. If the freight fees are not prescribed or clearly prescribed in the purchase order, B2B will determine the allocation of liabilities according to the principle of “the 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.
Section 10: Quality Problems, Inconsistent Descriptions, and Infringement
10.1 Where the Buyer claims that the Quality Problem and Inconsistent Description of the products delivered are identifiable with naked eyes, the Buyer shall first provide photos, videos, or other evidence approved by B2B as evidence. 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, B2BC shall determine that the products have quality problems or Inconsistent Descriptions.
For the purpose of this section, “Quality Problems” means the material, craftsmanship, and/or quality of the products delivered by the Seller fails to meet the provisions of the purchase order, or there is damage, functional failure, missing parts or other issues that may prevent their normal use, and “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 product detail pages, the provisions of purchase order.
10.2 Where the Buyer claims that the Quality Problem 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 B2B. Where the Buyer and the Seller agree in advance in the purchase order that the test results obtained by the third-party testing agency shall be treated as the basis for determining quality, B2B will determine the quality in accordance with the test results.
10.3 If the Buyer claims that the products delivered infringe upon the rights of others including infringement upon the intellectual property rights of third parties (“Infringement”), 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, B2B shall determine that the products do not infringe upon the rights of others.
10.4 Where the evidence provided by the Seller and the Buyer cannot establish whether the products have Quality Problem or Infringement, B2B 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.
10.5 Where the products delivered by the Seller have Quality Problem, Inconsistent Descriptions, or Infringement, B2B shall support the application for Return to the Buyer. If the products cannot be returned due to its nature, the objective conditions, or the restrictions under local laws and regulations, B2B shall support the application for Refund, and the Seller shall contact the Buyer on its own in order to handle products.
10.6 Where part of the products delivered by the Seller have Quality Problem, Inconsistent Descriptions, or minor defects or flaws that do not affect the main functions of the products, B2B shall support the application for Partial Refund.
10.7 Where the Seller and the Buyer have agreed on the testing and appraisal costs in respect of Quality Problem, Inconsistent Description and/or Infringement issue, such agreement shall prevail. If the testing and appraisal agency has not been agreed upon by the Parties or if B2B has designated a testing or appraisal agency, B2B has the right to determine the proportion in sharing the relevant expenses so incurred according to the degree of liability.
Section 11: Termination
11.1 B2B has the right to terminate the dispute resolution process when one of the following circumstances occurs during the dispute resolution process:
- The dispute does not fall within the scope of acceptance stipulated in these Rules and exceeds the period of acceptance specified in these Rules;
- The party applying for dispute resolution requests for withdrawal of the application;
- The arbitration institution that has jurisdiction over the dispute involved has rendered an award;
- Both the Buyer and the Seller agree to resolve the dispute through negotiation between themselves;
- Either party notifies B2B 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;
- Either party violate any agreement, rules and or policies of B2B;
- Either party submits evidences that are not authentic or are forged or altered or otherwise violate applicable laws and regulation.
Section 12: Supplementary Provisions
12.2 B2B reserves the right of final interpretation and decision regarding the above and all relevant terms
12.3 B2B reserves the right to amend these rules due to amendments to laws and regulations, changes in business environment or other reasons and will announce the same. The amended version of these rules will come into force as of the date specified in the announcement.
12.3 These rules are an integral part of the rules on B2BDaiGor.com Website. In case of any inconsistency between these rules and the other rules on B2BDaiGor.com Website in relation to IPR Protection Policy, the rules in this document shall prevail. For any matters not covered herein, the other rules on the B2BDaiGor.com Website shall apply.
12.4 In the event of any inconsistency between the English and other language versions of these Rules, the English version shall prevail.