功能介绍

ECVV信用保障服务规则

日期:2016/9/30 录入:

  买办保交易服务规则

  【重要声明】

  请您仔细阅读本规则各项条款,特别是其中对您可获得的买办保交易服务有可能产生不利影响的部分(包括但不限于根据本规则的第9、11条)。在您承诺遵守任何买办保交易服务项下交易合同时,您应确保已阅读并理解这些规则。

  Important Notice: Please review these Rules carefully, particularly those terms and disclaimers which may adversely impact the scope of SafeBuy Services available to you, including but not limited to those under Rule 9/11 of these Rules. You must review and understand them before committing to any contractual agre s subject to SafeBuy Services.

  买办保交易服务规则

  Safe Buy Services Rules (the “Rules”)

  版本号:20161209                                                                                            发布/更新日期:2016年12月9日

  Version No.: 20161209                                                                                     Ud: 20161209

  第一章规则目的及定义

  Chapter 1 Purpose and Definition

  第一条【制订目的】

  Article 1 Purpose

  1. 为保护ECVV(www.ecvv.com)用户的合法权益,促进买办保交易服务的健康发展,制定本规则。

  The purpose of establishing these Rules is to protect the legitimate interests of users of the ecvv.com Platform (URL: https://www.ecvv.com) and to promote the healthy development of the Safe Buy Services.

  第二条【定义】

  Article 2 Definition

  2.1 买方:指在ECVV上签署《买办保交易服务合同》、采购产品并要求卖方提供买办保交易服务的ECVV用户。

  “Buyer” means a user of the ecvv.com Platform who has entered into a “Safe BuyPurchase Contract” with a Seller for purchasing products and requested Seller to provide Safe Buy Services.

  2.2 卖方:为免生疑,仅指在ECVV上签署《买办保交易服务合同》、销售产品并向买方提供买办保交易服务的ECVV且在大陆地区注册或居住的用户。

  “Seller”, for the avoidance of doubt, means a user, registered or resident in Mainland China, of the ecvv.com Platform who has entered into a “Safe Buy Purchase Contract” with a Buyer for selling products and agreed to provide Safe Buy Services to Buyer.

  2.3 买办保交易服务合同:下称“交易合同”或“订单”,指买卖双方在ECVV上签署的、约定产品出口相关及买办保交易服务相关权利义务的买卖合同。

  “Safe Buy Purchase Contract” or “Purchase Contract” means a sales and purchase contract entered into by and between a Buyer and a Seller via the ecvv.com Platform which stipulates the rights and obligations in connection with exportation of products and Safe Buy Services.

  2.4 买办保交易服务:又称“交易保障服务”,即卖方与买方达成交易合同,承诺按约向买方履行合同交货义务;当卖方发生违约行为(未能按约定的“发货日期”发货;及/或,未按约定质量要求供应产品、移交物权凭证、提供单据/证书等文件、或有其他严重违约行为等,导致产品的价值产生重大损失、或导致双方已知或应知的交易的主要商业目标无法达成)时,卖方承诺向买方退还全额首付款或已付合同款的服务;若买方向ECVV提出投诉、使用ECVV提供的纠纷调处服务,则卖方同意:ECVV在收到买方有效投诉后、可根据相关证据有权独立做出纠纷调处,如ECVV判断卖方违约成立,则ECVV有权要求卖家向买方进行退款,以保障买方权益。买办保交易服务是卖方按交易合同约定向买方提供的保障承诺和义务,卖方是该义务的承担者,ECVV或任何第三方不是该义务的责任人。

  “Safe Buy Services” or “Trade Assurance Services” means the services that Seller undertakes to refund to Buyer in full the deposit or any payment made under the Purchase Contract, in case Seller breaches the Purchase Contract (failure in shipment on the agreed Shipment Date; and/or failure in supplying products that conform to the agreed quality standards, failure in providing valid documentation in support of change of ownership of the products to Buyer, failure in providing valid documentation including but not limited to corresponding invoice (or certification) in support of delivery or any other material breach of the Purchase Contract resulting in a material damage to the value of products or the commercial objective known or should be known to both Seller and Buyer becoming unachievable) after Seller enters into a Purchase Contract with Buyer and undertakes to perform its obligations relating to product delivery as stipulated therein; and if Buyer submits a complaint to ECVV.com and uses the Dispute Determination service provided by the ECVV International Platform, Seller agrees that after ECVV.com receives a valid compliant, ECVV.com shall have the right to determine at its sole discretion the liability in connection with the dispute, and if ECVV.com determines that Seller has committed a breach of the Purchase Contract, ECVV will be entitled to require Seller to refund to Buyer in order to protect the legitimate interests of Buyer. Safe BuyServices are an undertaking and obligation of Seller to provide assurance to Buyer as stipulated in the Purchase Contract. Seller shall be solely obliged to provide such services and neither ECVV nor any third party shall have any obligation to provide such services to Buyer.

  2.5ECVV供应链服务:即深圳伊西威威网络科技股份有限公司或其关联公司向卖方提供的外贸综合服务(详见http://www.12400.cn),包括但不限于出口报关、物流运输、贸易融资、收汇结汇、出口退税、自证自营出口等服务。

  “ECVVSupply Chain Services” means the comprehensive international commercial and trading services provided to Seller by Shenzhen ECVV Network Technology Corp.,Ltd. or its affiliates, including but not limited to customs declaration services for exportation, logistics services, trade assurance, exchange receipt and settl x return upon exportation, permitted self-managed exportation and etc. (for details please visit http://www.12400.cn).

  2.6 验货商:特指入驻ECVV验货平台的【买办保交易服务指定验货商】,该服务商将按交易合同中约定的产品质量标准提供指定验货服务。

  “Product Inspection Company” means the product inspection company designated for SafeBuy Services which operates on the ECVV.com inspection platform and provides authorized inspection services according to the product quality standards stipulated in the Purchase Contract.

  2.7 工作日:指中华人民共和国法定节假日(如周六日等)之外的工作天。

  “Working Day” shall mean a day that is not a Saturday, Sunday, or bank holiday in the People’s Republic of China.

  第二章买办保服务使用条件

  Chapter 2 Conditions for Using Safe Buy Services

  第三条【加入买办保】:

  Article 3 JoinSafe Buy Services

  3.1 卖方应具备如下全部条件方可使用买办保进行交易:

  Unless Seller has satisfied all of the following conditions, it may not draft the Safe Buy Purchase Contract:

  3.1.1满足买办保交易服务准入条件,且已完成ECVV开票人和相关产品预审;

  It has satisfied the access requir s for Safe Buy Services and has passed relevant reviews by ECVV on drawer and relevant products;

  3.1.2无ECVV纠纷调处中的买办保交易服务合同或订单;

  No pending dispute in connection with any Safe Buy Purchase Contract or order is to be determined by ECVV.com;

  3.1.3 无拖欠ECVV及/或其关联公司款项的情况;

  No payments payable to ECVV and/or its affiliates are overdue;

  3.1.4 无其他影响交易合同的风险因素存在。

  There are no other risk factors that affect the Purchase Contract.

  【注】上述条件是否完备,以ECVV审核结果为准。

  Note: ECVV shall have the sole right and discretion to determine whether or not Seller has fulfilled all of the conditions specified above.

  第四条【买办保交易服务的中止和终止】:

  Article 4 The Suspension and Termination of Safe Buy Services:

  4.1 发生下述情况之一的,买办保交易服务资格将被暂停(服务相关标识即时被取消):

  The Safe Buy Services qualification will be cancelled temporary (i.e. the relevant Safe Buy Servicesicon is cancelled) upon the occurrence of any of the followings:

  4.1.1 卖方连续【180】天内无生效的交易合同的(生效定义见5.3条)。

  Within a one-hundred and eighty day [180] period, Seller has no Purchase Contract which has ken effect (refer to Article 5.3 for the definition of ke effect).

  服务资格暂停期间,卖方有权申请恢复服务资格。申请后【15】天内达成有效交易合同的,服务资格自动恢复;逾期未达成有效交易合同的,服务资格再次暂停,且30天内无权提起申请恢复资格。

  During the period of suspension of the qualification for Safe Buy Services, Seller shall be entitled to apply to restore its qualification for Safe Buy Services. If Seller succeeds in concluding an effective Purchase Contract within 15 days of its application, its qualification for Safe Buy Services shall be automatically restored. If Seller is unable to conclude any effective Purchase Contract within such period, its qualification for Safe Buy Services shall be suspended again and it shall be prohibited from making any application to restore its qualification for Safe Buy Services for a 30-day period.

  4.2 发生下述情况之一的,买办保交易服务资格将被终止:

  The Safe Buy Services qualification shall be terminated upon the occurrence of any of the followings:

  4.2.1卖方不再满足买办保交易服务相关准入条件的;

  Seller no longer satisfies relevant access conditions for Safe Buy Services;

  4.2.2 卖方未按本规则要求使用ECVV服务的;

  Seller has no reasonable reason in refusing to use ECVV Services in accordance with these Rules;

  4.2.3因卖方的原因(包括但不限于卖方指示买方等原因),导致交易合同款项未支付到交易合同指定收款账号的;

  The Contract sum has not been paid to the designated bank account because of Seller (including but not limited to Seller instructing Buyer etc.);

  4.2.4卖方发生违反买办保交易服务相关协议及本规则的其他行为,且ECVV认为需要终止其服务资格的。

  Seller has violated agre s related to the Safe Buy Services and these Rules, and ECVV.com and/or ECVV decides to terminate Seller’s qualification to Safe Buy Services.

  第三章保障服务操作流程

  Chapter 3 Operational Work Flow of Assurance Services

  第五条【操作流程】:

  Article 5 Operational Workflow:

  操作流程

    5.1 第一阶段:买方起草交易合同。

  First Stage: Buyer drafts a Purchase Contract with Seller.

  5.2 第二阶段:双方修改合同,直至双方确认交易合同。

  Second Stage: Both sides amend the Purchase Contract until buyer and seller agree on transaction contract, the contract came into effect.

  5.3 第三阶段:买方应在合同成立后【15】个自然日内支付足额首付款到ECVV收款账号;逾期未足额支付的,卖方有权关闭交易合同;买方及时足额支付首付款的,卖方需在【3】个自然日内申请提取首付款,卖方成功提取首付款后,交易合同生效。此时卖方应按合同要求开始备货。

  Thrid Stage: Buyer shall remit the deposit in full to the ECVV designated bank account within [15] calendar days. If Buyer fails to remit the deposit in full in time, Seller shall have the right to terminate the Purchase Contract; If Buyer remits the deposit in full in time, Seller shall apply for withdrawal of the deposit within [3] calendar days. The Purchase Contract will ke effect after Buyer has withdrawn the deposit. Then Seller shall start stocking according to the Purchase Contract.

  5.4 第四阶段:交易合同约定使用“验货保障”的,卖方应配合安排并使用ECVV指定验货服务,以使买方获得验货报告。验货通过(PASS)后,买方应向ECVV收款账号支付尾款。验货通过、尾款到账后,卖方应按合同约定发货,安排本订单的物流运输并使用ECVV供应链平台服务。如发货前验货结果为不合格(FAIL),非经买方同意卖方不应安排发货。

  Fourth Stage: If “Inspection Assurance” is agreed in the Purchase Contract,Seller shall arrange for the products to be inspected using inspection services specified by the ECVV International Platform,so that Buyer may receive the relevant inspection report.After the products have passed inspection, Buyer shall remit the balance paymentto the ECVV designated bank account. Then Seller shall arrange shipping of the products via transportation services and use ECVV Supply Chain Services. Unless otherwise agreed with Buyer, Seller shall not ship products that have failed to pass the pre-shipping inspection test.

  5.5第五阶段:当合同约定“截止到发货日期”时,买家应在卖家按照交易合同发货前支付尾款给ECVV收款账号;当合同约定“截止到买方收货后” 或“验货物流组合保障”时, 买方可在卖方发货后N个自然日内确认收货。当交易合同约定“验货保障”的,买方有义务在卸货或收货当时,记录及保留完整的接收货物及初步检查质量的录像或照片等证据(包括但不限于卸货、开箱、开封、验货等操作相关连续、完整、清晰、关联的各种类型的证据),以便在纠纷调处时供各方确认货物的状态及货损原因和范围,有利于提高纠纷调处的效率。买家确认收货后,供应商可向ECVV申请提取尾款,成功提取尾款后,订单成功完成。

  Fifth Stage: If “Trade Assurance up to Shipment Date” is specified in the Purchase Contract,Buyer may remit the balance payment to ECVV designated bank account before it ships the products under the Purchase Contract. If “Extended Trade Assurance until Arrival at Port/Place of Destination” or “Inspection & Logistics Service Trade Assurance” is specified in the Purchase Contract, Buyer may confirm receipt of products within “N calendar days” after Seller ships the Products. If “Inspection Assurance” is agreed in the Purchase Contract,Buyer has the obligation to document, retain complete recordings, photographs and other evidence in relation to the receipt and preliminary quality inspection of the products (including without limitations continuous, complete, clear and different forms of evidence relating to the unloading, unpacking, unsealing, inspection of the products) for Seller and Buyer to confirm the status of the shipping of the products, as well as the reason and extent of damage to the products in the event of dispute, and increase the efficiency of Dispute Determination.Seller can apply for withdrawal the balance payment to ECVV.com. The order will complete after Seller has withdrawn the balance payment.

  5.5.1“ N个自然日”的定义:

  “N calendar days” means:

  a. 海运:从系统记录发货时间+45天(直航时间以ECVV判断为准);

  Ocean shipping: 45 days longer than the direct voyage time (from the clearance date of export port to the arrival date of discharge port) (direct voyage time is subject to ECVV);

  b. 陆运:系统记录的发货日期+30天;

  Land shipping: 30 days after the Shipment Date as recorded in the system;

  c. 空运、快递:系统记录的发货日期+15天。

  Air or courier shipping: 15 days after the Shipment Date as recorded in the system.

  5.5.2 “发货日期”的定义:除非双方另有约定,“发货日期” 特指在装运港/地完成出口的日期。除非双方有其他约定,及除非卖方出具其他可证实的发货日期信息,纠纷调处中认定的实际发货日期以ECVV买办保交易服务系统记录的发货日期为准。ECVV买办保交易服务系统记录的发货日期通常为卖方出口报关日期之后的第3个自然日。

  Definition of “Shipment Date”: Unless otherwise agreed by Buyer and Seller, “Shipment Date” specifically refers to the date on which exportation is completed at the port/place of loading. Unless otherwise mutually agreed by Buyer and Seller, the actual shipment date determined in the Dispute Determination shall be determined according to the Shipment Date recorded in the ECVV.com transaction system, which usually is the 3rd calendar day after the clearance date by Seller, except where Seller provides original conclusive information on Shipment Date to the contrary (in which case such information shall prevail).

  第六条【纠纷调处服务】:

  Article 6 Application for Dispute Determination:

  6. 任何一方可在交易合同生效后,按合同约定向ECVV提出投诉,即可使用ECVV提供的纠纷调处服务,该投诉应当在ECVV上登录后按网站指定路径和方式提交。

  After the Purchase Contract has ken effect, a party that has submitted a complaint to ECVV under the terms of the Purchase Contract may use the Dispute Determination Services provided by the ECVV International Platform. The request should be submitted in accordance with the website’s guidance and instruction after the party has logged in to the ecvv.com Platform.

  第四章买办保纠纷处理规则

  Chapter 4 Rules for Dispute Determination in Connection with Safe Buy Services

  第七条投诉和受理

  Article 7 Complaints and Handling

  7.1 【投诉】

  Complaints

  7.1.1 交易合同生效后发生纠纷的,买卖双方中的任意一方可通过买办保交易服务交易系统(简称“系统”)发起投诉。发起投诉的一方称为投诉方,另一方称为被投诉方。

  If a dispute arises after the Purchase Contract has ken effect, either Buyer or Seller may raise a complaint through the Safe Buy Services Transaction System (the “System”). The complaining party is referred to as complainant and the other party as respondent.

  7.1.2 投诉方需填写投诉主张及原因,并按系统提示在通知时限内提供能充分证明投诉主张的证据材料。

  The complainant must fill in the reasons and grounds for raising the dispute and provides sufficient supporting documents within the time limit displayed on the System.

  7.1.3投诉方及被投诉方应尽量友好协商解决。

  The complainant and the respondent should use their best endeavor to resolve the dispute amicably.

  7.2 【撤诉】

  Complaint Withdrawal

  7.2.1 投诉方可在ECVV做出判责决定前撤销投诉。

  The complainant may withdraw the complaint before ECVV.com makes any determination on the complaint.

  7.2.2 被投诉方不得引诱、欺诈、胁迫投诉方撤诉。

  The respondent shall not lure, engage in any fraudulent act to make, or coerce the complainant to withdraw the complaint.

  7.3 【投诉受理期限】

  Claim Period

  7.3.1买方应在投诉受理期限内发起投诉,以启动纠纷调处,否则ECVV不予受理。

  Buyer must raise a complaint for ECVV.com Dispute Determination within the applicable claim period in order to activate the Dispute Determination process, failing which, ECVV.com shall have no obligation to accept the complaint.

  7.3.2投诉受理期限根据交易合同中保障范围的不同而有所差异,且最长不超过【90】天。

  The claim period may vary depending on the scope of assurance in the Purchase Contract but in no case shall it exceed [90] days.

  7.4【通知】ECVV受理投诉后,进行纠纷调处,将通过邮件、电话等方式通知被投诉方该投诉事宜。

  Notice: After ECVV.com receives the request for Dispute Determination, ECVV.com will notify the respondent about the complaint by mail, telephone, or other methods as deemed appropriate.

  7.5【反通知】

  Counter-notice

  7.5.1 接到ECVV通知后,被投诉方应在【3】个工作日内针对投诉方的主张提交反通知,并提供能充分证明反通知主张的证据材料。

  After being notified by ECVV.com, the respondent should submit a counter-notice for the complaint within [3] Working Days and provide sufficient supporting evidence.

  7.5.2 被投诉方未在指定时间内提供反通知或提供的证据材料不能充分证明反通知主张的,ECVV将依据现有证据材料判责。

  If the respondent fails to submit a counter-notice in time or fails to provide sufficient evidence to support its counter-notice, ECVV.com will make decisions based on the existing supporting evidence available.

  7.6【证据材料】

  Supporting Evidence

  7.4.1 纠纷调处以ECVV及其关联公司和ECVV外贸B2B平台系统记录信息为直接证据,其他资料仅作为辅助资料。

  The data and information recorded in the systems of ECVV.com, ECVV or its affiliate and the ecvv.com Platform shall serve as the primary evidence and basis for determination of any dispute. Other information and record shall only serve as supplemental information for Dispute Determination.

  7.4.2买卖双方应保证所提供的证据材料真实合法有效。ECVV不保证争议各方提交的纠纷相关证明文件是真实、完整、准确的,对任何不真实或者误导性的资料不应负责。

  Both Buyer and Seller shall ensure that the supporting evidence provided is true, complete, valid and lawful. ECVV.com does not guarantee that the supporting evidence submitted by either party is true, complete and accurate and shall not be responsible if such information is untrue or misleading.

  第八条【纠纷调处服务】

  Article 8 Dispute Determination

  8.1 买方或卖方使用ECVV纠纷调处服务的,即表明各方同意ECVV可根据自己的独立判断,并以普通非专业人士的身份对交易合同相关纠纷做出判断和处理决定(通常称为“判责决定”、“纠纷处理决定”、或“调处决定”等)。双方理解并明确因ECVV并非专业司法机关,故无须对其做出的不完美的、有瑕疵的、不妥当的或者错误的赔付、理赔、支付、处置行为承担任何责任。

  Buyer or Seller’s use of ECVV.com’s Dispute Determination service shall be ken as indication from the relevant party that ECVV.com has the right to make an independent decision (often referred to as “adjudication”, “dispute settlement decisions” or “mediation decision”) on any disputes related to the Purchase Contract in the capacity of a normal and non-professional person. Both Buyer and Seller understand and agree that ECVV.com will not be liable for any imperfect, defective, improper or faulty decisions regarding compensation, settlement of claims, payment and disposal, etc., as it is not a professional judicial authority.

  8.2交易合同生效后,若卖方发生以下违约情形之一的,ECVV将判责卖方违约,要求卖方退还首付款、已付合同款(以投诉举报平台系统记录为准),并对卖方进行处罚:

  After the Purchase Contract has ken effect, if Seller commits any of the following breaches of the Purchase Contract, Seller will be considered by ECVV.com to have breached the Purchase Contract and will be required to refund the deposit, Contract sum already paid to Buyer and will be subject to penalty terms by ECVV accordingly:

  8.2.1 卖方恶意不发货的:即卖方明确表示不发货且无任何合理理由的;

  Seller refuses to deliver products in bad faith: Namely, Seller expressly states that it is not going to ship out the Products in a Purchase Contract without any valid reason;

  8.2.2 卖方延迟交货的:即卖方超过约定时间(若由ECVV负责承运,卖方需与买方约定发货日期,提前5~10个工作日将货物转交给ECVV)发货,且买方不同意新的发货日期的(买方原因导致的除外);

  Seller fails to deliver the goods in time: Seller fails to deliver the products within the specified period of time (If ECVV.com is responsible for transportation, Seller shall transfer the goods to ECVV 5 to 10 working days earlier than the shipping date agreed by Seller and Buyer), and Buyer does not agree to a new Shipment Date (unless due to reasons attributable to buyer);

  8.2.3卖方虚假发货: 卖方声称已经发货,但是无法提供有效的发货证明或者提供虚假的发货证明的;

  False delivery: Seller claims to have delivered the goods but fails to provide a valid evidence of shipment or has provided a false evidence of shipment;

  8.2.4交付产品与约定不符:如卖方交付产品存在质量问题、包装破损、交付产品数量短少等违约情景,导致产品的价值产生重大损失、或导致双方已知或应知的交易的主要商业目标无法达成;双方就产品与约定不符的状况未能达成一致的,须在ECVV要求时委托指定验货商出具验货报告,确认产品质量或数量等与约定不符;

  Inconformity of delivered products with the Purchase Contract: Products delivered by Seller which do not conform to quality provisions of the Purchase Contract, damaged packages or shortages in quantity in breach of the Purchase Contract, thereby resulting in a material damage to the value of delivered products, or the commercial objective known or should be known to both Buyer and Seller becoming unachievable. In case of failure by both Buyer and Seller to reach any agreement regarding the inconformity of delivered products with the Purchase Contract, at ECVV.com’s request, a designated “Product Inspection Company” shall be appointed to issue the product inspection report to confirm whether the quality or quantity of the products is in conformity with the Purchase Contract;

  8.2.5 发货文件瑕疵及其他严重违约:卖方未如约移交物权凭证、未如约提供单据(清关文件或证书)等文件、或有其他严重违约行为,导致产品的价值产生重大损失、或导致双方已知或应知的交易的主要商业目标基本无法达成的。

  Defective Shipping documents and other material breaches: Seller fails to deliver documents of title to the goods as agreed, fails to provide shipping documents (custom clearance documents or certifications) or other documents as agreed or has committed other serious breaches, thereby resulting in severe loss to the products’ value, or failure to achieve the major business objectives known or should have been known by both Buyer and Seller.

  8.2.6 纠纷调处过程中,买卖双方经协商一致退款,而卖家未在【5】个工作日内将款项支付给ECVV指定帐号的;

  During the course of dispute resolution, Seller fails to make the refund to ECVV’s designated bank account within five [5] business days of reaching an agreement with Buyer;

  8.2.7 买方须提供充分证据证明卖方有上述违约行为,证据包括买方自己提供的证据或任何第三方提供的证据;买卖双方均同意ECVV有权单方判定证据的合理性、完整性、有效性或充分性;任何一方对证据有异议的,应提供反证供ECVV判责使用,否则应承担不利后果。

  Buyer shall provide sufficient evidence to prove that Seller has committed the above breach. Such evidence includes evidence provided by Buyer itself or any evidence provided by any third party. Both the Buyer and Seller agree that ECVV.com shall have the right to unilaterally determine the reasonableness, completeness, effectiveness or sufficiency of the evidence. If any party disagrees with the evidence provided, such party shall provide evidence to the contrary to ECVV.com for use in its determination, otherwise such party shall bear the adverse consequences.

  8.3 买方提起质量纠纷投诉后,应在ECVV要求时委托验货商之一【指定联系方式】对产品进行检验,且支付验货费用。ECVV将依据验货商出具的验货报告做出判责决定;验货费用通常判责由违约责任方承担。若买卖双方未对产品质量做出明确约定,验货商有权根据行业规则出具验货报告。ECVV有权拒绝接受其他验货商的验货报告。因一方原因导致无法验货的,该方应承担不利后果。

  After Buyer submits a request for ECVV.com to resolve a dispute over product quality, at the request of ECVV.com, Buyer shall instruct one of the designated Product Inspection Company [designated contact information] to inspect the products and pay the relevant inspection fees. ECVV.com shall make a decision on the dispute based on the product inspection report issued by the Product Inspection Company. The inspection fees shall be borne by the party in breach according to Dispute Determination outcome. If Buyer and Seller did not expressly agree on the quality of the products, the Product Inspection Company shall have the right to issue the quality inspection report based on the relevant industry standards. ECVV.com may reject any product inspection reports issued by other product inspection companies. If the products cannot be inspected due to reasons or faults attributable to a particular party, such party shall be liable for any damage or liability arising therefrom.

  8.4 买方收到退款后,则相关交易合同终止;未尽事宜(如退货安排等),由买卖双方另行约定。

  The Purchase Contract will be terminated upon Buyer’s receipt of the refunded amount. Upon termination of the Purchase Contract, Buyer and Seller shall agree in writing on such other terms not explicitly set out in the Purchase Contract (such as, but not limited to, any arrangements relating to return of products under the Purchase Contract).

  第九条【免责条款】

  Article 9 Disclaimer

  买方理解并同意,发生下述任一情况的,买方无法获得ECVV资金与货物安全保障:

  Buyer acknowledges and agrees that Buyer will not receive any security assurance of funds and goods from ECVV in the event of any of the followings:

  9.1 双方未登录ECVV上签署交易合同的;

  Buyer and Seller did not log in to the ecvv.com Platform and execute the Purchase Contract;

  9.2 交易产品不符合法律、法规、政策、规章及《ECVV规则》等规定的;

  The products underlying the transaction of the Purchase Contract do not comply with the relevant laws, regulations, policies, rules and ecvv.com Platform Rules;

  9.3 双方在买办保交易服务合同中约定的合同条款(包括但不限于发货时间、产品质量及付款金额等约定)不明的、模棱两可或无法执行的;

  The contractual terms agreed between the Buyer and Seller (including without limitations, terms related to Shipment Date, product quality and payment amount) are unclear, ambiguous or unenforceable contractual terms with reference to the terms in theSafe Buy Purchase Contract;

  9.4 买方未按交易合同约定时间、币种及方式支付合同款至指定账号的;

  Buyer did not pay the contract sum in accordance with the timing, currency and payment methods as agreed in the Purchase Contract to the designated beneficiary bank account;

  9.5 买方付款账号虚假、无法追踪或无法确认真实性的;

  Buyer’s payment account is fake or untraceable or cannot be authenticated;

  9.6 买方提供虚假信息或所供信息无法核实的;

  Buyer provided false information or the information provided cannot be verified;

  9.7 纠纷投诉后,ECVV判责及处理结束前,卖方自行发货或已经退款的;

  After a request for dispute determination is submitted and before ECVV.com lays down a decision, Seller had delivered the Products under a Purchase Contract or made the refund to Buyer;

  9.8 ECVV有合理理由怀疑买方和卖方恶意串通的;

  ECVV.com has reason to believe that Buyer and Seller had conspired in bad faith;

  9.9 买方已无正常使用的ECVV帐号的;

  Buyer can no longer operate its account at the ecvv.com Platform;

  9.10 因法律法规、规章、政策而导致产品无法出口的;

  The Products of the Purchase Contract cannot be exported due to any laws, regulations and/or policies;

  9.11 买方明知或应知卖方在交易期间未使用ECVV服务却继续支付合同款项的;

  Buyer knew or should have known that the Seller did not use ECVV Services during the term of the Purchase Contract but proceeded to pay the Contract sum;

  9.12 质量纠纷投诉后,买方不接受验货商验货的;

  Buyer disagrees to have the products inspected by the Product Inspection Company after a complaint on product quality is raised;

  9.13 逾期纠纷投诉期间,买方委托的承运人已经接收货物,或者买方已签收提单等货权凭证,或者买方有其他行为表明其接受卖方逾期发货的;

  During the period of complain for overdue goods, the carrier appointed by Buyer has already received the goods, or Buyer has already signed the bill of lading or other title documents, or Buyer has already accepted the overdue goods through its other actions;

  9.14 买方未保留必要证据导致举证失败,且让ECVV无法进行做出纠纷调处决定的;

  Buyer did not retain the necessary evidence as required to prove its case causing ECVV unable to carry out Dispute Determination;

  9.15 买方有其他过错行为的。

  Any other faults attributable to Buyer.

  第十条【交易合同关闭】

  Article 10 Termination of Purchase Contract

  有下列情形之一的,ECVV有权立刻关闭交易合同,并对违规方进行处罚:

  ECVV.com has the right to immediately terminate the Purchase Contract and ke any relevant enforcement actions against the party in breach in the event of any of the followings:

  10.1 ECVV受理投诉申请并做出判责决定后,同时决定关闭该交易合同的;

  ECVV.com has accepted and made a determination on a dispute request and decided to terminate the Purchase Contract at the same time;

  10.2 ECVV有合理理由怀疑买卖方恶意串通的;

  ECVV.com has reason to believe that Buyer and Seller had conspired in bad faith;

  10.3 买卖双方或交易合同的履行违反或涉嫌违反法律、法规、政策、规章、有权机关命令的;

  Buyer, Seller or the performance of the Purchase Contract is or is alleged to be in breach of any relevant laws, regulations, policies, rules or orders of any competent authority/ies;

  10.4 一方因任何原因被关闭ECVV帐号的,或因处罚导致合同无法履行的;

  Either party’s account at the ecvv.com Platform is terminated for any reason, or the Purchase Contract cannot be performed due to any penalties imposed;

  10.5一方或交易本身违反ECVV服务协议、网站政策或《ECVV规则》的。

  Either party or the Purchase Contract itself is in breach of any service rules or website policies of the ecvv.com Platform or the ecvv.com Platform Rules.

  第五章买办保交易服务处罚规则

  Chapter 5 Safe Buy Services Penalty Rules

  第十一条【违规行为】

  Article 11 Prohibited Acts

  有下列情形之一的,ECVV有权对违规方进行处罚:

  Upon the occurrence of any of the following, the party in breach shall be subject to penalties in accordance with these Rules:

  11.1买方恶意未按约定支付交易合同尾款的;

  Buyer did not pay the remaining balance of the Contract sum to Seller in accordance with the terms of the Purchase Contract without any valid reason;

  11.2 提供虚假材料、信息或证明的;

  Providing false documents, information or supporting documents;

  11.3 买卖方恶意串通,或有其他严重不诚信行为的。

  Buyer and Seller maliciously conspire, or engage in other material dishonest conduct.

  11.4卖方未使用ECVV服务的,或因卖方的原因(包括但不限于卖方指示买方等原因),导致交易合同款项未支付到交易合同指定收款账号的;

  Seller has no reasonable reason in refusing to use ECVV Services in accordance with these Rules; or the Contract sum has not been paid to the designated bank account because of the Seller (including but not limited to Seller instructing Buyer etc.);

  11.5买卖方有其他违反交易合同或本规则的行为。

  Buyer and Seller committed other breaches of the Purchase Contract or these Rules.

  第十二条【违规处罚】

  Article 12 Penalties for Breach

  12.1 ECVV将根据违规的严重程度,对违规方按本规则实施处罚;违规方有多个ECVV帐号的,ECVV有权对全部帐号实施相同处罚。

  ECVV.com will ke the relevant enforcement action against the party in breach of these Rules based on the extent of breach. If the party in breach has more than one membership accounts at the ecvv.com Platform, ECVV.com shall have the right to ke the same enforcement action against all such membership accounts.

  12.2 买方有11.1、1.2、11.3、11.5违规行为的,则关闭买方ECVV帐号。

  If Buyer breaches any of Sections 11.1,11.2, 11.3 or 11.5, Buyer’s account at the ecvv.com Platform will be terminated.

  12.3被剥夺买办保使用资格的情况下,如有其他操作中的交易合同,则:

  If the Safe Buy Service Qualification is cancelled and there are other Purchase Contracts that are in operation, then:

  12.3.1 交易合同未成立的,则为保护买方权益,买方确认合同的权限将被关闭;

  If the Purchase Contract is drafted but has not been executed, Buyer’s right to confirm the Purchase Contract will be terminated in order to protect Buyer’s rights and interests;

  12.3.2 交易合同已成立但买方尚未支付首付款的,则为保护买方权益,交易合同将被关闭并通知买方;

  If the Purchase Contract has been executed but Buyer has yet to pay the deposit, the Purchase Contract will be terminated and Buyer will be notified of such in order to protect Buyer’s rights and interests;

  12.3.3 如买方已支付首付款且款项尚未到达卖方的,则为保护买方权益,交易合同将被关闭,款项将被退回买方;

  If Buyer has already paid the deposit but such payment has not been received by Seller, then the Purchase Contract will be terminated and a refund to Buyer will be arranged in order to protect Buyer’s rights and interests;

  12.3.4如买方已支付首付款且ECVV判断无法直接退款的,则双方应继续履行交易合同;

  If Buyer has already paid the deposit and ECVV.com has determined that such payment cannot be refunded directly, then both Buyer and Seller should continue to carry out the Purchase Contract;

  12.3.5 如卖方已发货的,则双方应继续履行交易合同。

  If Seller has already delivered the products, then both Buyer and Seller shall continue to carry out the Purchase Contract.

  12.4卖方有上述第11条违规行为的,将被终止买办保交易服务资格。

  Seller breaches Section 11 of these Rules,Seller will be terminated the qualification of Safe Buy Services.

  12.5 卖方因任一处罚而被终止买办保资格的,自终止之日起90天内,该卖方无权申请开通买办保交易服务。

  If Seller’s qualification of Safe Buy Services was terminated due to penalty, the Seller will not be able to reapply for such services for ninety [90] days from the date of such termination.

  第六章其他规定

  Chapter 6 Miscellaneous

  第十三条【其他规定】

  Article 13 Miscellaneous

  13.1 ECVV将根据买办保交易服务的实际执行情况不时完善、修订本规则并在ECVV公示,修订后的规则于指定日期生效(如有)或公示之日生效。

  ECVV.com shall have the right to amend, revise and publish on the ecvv.com Platform these Rules from time to time based on the actual performance of the Safe Buy Services and the amended and revised Rules will ke effect on the designated date or, if there is no such designated date, the date it is published on the ecvv.com Platform.

  13.2 本规则中“ECVV”指ECVV(www.ecvv.com)的运营方。

  “ECVV.com” in these Rules means the operator of the ecvv.com Platform (www.ecvv.com).

  13.3 本规则中“ECVV”指实际承接ECVV服务的深圳伊西威威网络科技股份有限公司或其关联公司。

  “ECVV” in these Rules means Shenzhen ECVV Network Technology Corp.,Ltd. (the operator of the ECVV Services) or its affiliates.

  13.4 任何一方对本规则有异议的,应立即停止使用买办保交易服务,并通知另一方、ECVV及ECVV供应链;签署、履行交易合同及/或使用买办保相关服务的,即表明接受并认可本规则。

  If any party has any disagreement to these Rules, such party should stop using the Safe Buy Services and immediately notify the other party, ECVV.com, and ECVV. By executing and performing the Purchase Contract and/or using any Trade Assurance Services, such party will be deemed to have accepted and agreed to be bound by these Rules.

  13.5 本规则内容以中文版为准,英文版仅供参考。

  The English version of these Rules is for reference purposes only. In the event of any inconsistency between the Chinese and English versions of these Rules, the Chinese version shall prevail.

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