| 279 | 279 | 12.4 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such clause. |
| 280 | 280 | |
| 281 | 281 | 12.5 AliExpress.com's failure to enforce any right or failure to act with respect to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of AliExpress.com's right to act with respect to subsequent or similar breaches. |
| 282 | 282 | |
| 283 | 283 | 12.6 AliExpress.com shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms) to any person or entity (including any affiliates of AliExpress.com). You may not assign, in whole or part, the Terms to any person or entity. |
| 284 | 284 | |
| 285 | | 12.7 THIS TERMS OF USE SHALL BE GOVERNED BY THE LAWS OF THE PEOPLE'S REPUBLIC OF CHINA ("PRC"). IF YOU CONTRACT WITH HANGZHOU ALIBABA ADVERTISING CO., LTD, ACCORDING TO PARAGRAPH 2.1, AND THE PARTIES TO THE TERMS HEREBY SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE HANGZHOU INTERNET COURT, PRC. |
| 285 | 12.7 IF YOU CONTRACT WITH ALIBABA.COM SINGAPORE E-COMMERCE PRIVATE LIMITED, ALIEXPRESS E-COMMERCE ONE PTE. LTD., ALIEXPRESS INTERNATIONAL (UNITED STATES) CORPORATION, ALIEXPRESS CIS HOLDING PTE. LTD., ALIEXPRESS KOREA HOLDING (SINGAPORE) PTE. LTD OR ALIEXPRESS KOREA LIMITED, THESE TERMS SHALL BE GOVERNED BY LAWS OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION ("HONG KONG") WITHOUT REGARD TO ITS CONFLICT OF LAWS PROVISIONS; AND ANY DISPUTE, CONTROVERSY OR CLAIM BETWEEN THE PARTIES, OR THOSE ARISING OUT OF OR RELATING TO THE TERMS, OR THE INTERPRETATION, BREACH, TERMINATION OR VALIDITY HEREOF, OR ANY DISPUTE REGARDING NON-CONTRACTUAL OBLIGATIONS ARISING OUT OF OR RELATING TO THE TERMS SHALL FIRST BE SUBJECT TO THE MANDATORY INFORMAL DISPUTE RESOLUTION PROCESS SET FORTH IN SECTION 12.7A; IF THE DISPUTE CANNOT BE RESOLVED THROUGH SUCH PROCESS WITHIN THE TIMEFRAME SPECIFIED IN SECTION 12.7A, AT ANY TIME FOLLOWING THE COMPLETION OR EXPIRY OF THE PROCESS UNDER SECTION 12.7A UPON THE REQUEST OF ANY PARTY WITH NOTICE TO THE OTHER PARTY, THE DISPUTE SHALL BE REFERRED TO AND FINALLY RESOLVED BY ARBITRATION ADMINISTERED BY THE HONG KONG INTERNATIONAL ARBITRATION CENTRE ("HKIAC") UNDER THE HKIAC ADMINISTERED ARBITRATION RULES IN FORCE WHEN THE NOTICE OF ARBITRATION IS SUBMITTED. IF ANY DISPUTE IS SUBMITTED TO THE HKIAC FOR ARBITRATION, THE ARBITRATION PANEL SHALL CONSIST OF ONE SINGLE ARBITRATOR. UNLESS THE PARTIES AGREE OTHERWISE, THE ARBITRATION SHALL BE CONDUCTED IN ENGLISH AND BE IN HONG KONG. THE ARBITRAL TRIBUNAL MAY DIRECT THAT HEARINGS BE CONDUCTED BY VIDEO CONFERENCE OR OTHER ELECTRONIC MEANS, HAVING REGARD TO THE AMOUNT IN DISPUTE AND THE CIRCUMSTANCES OF THE CASE. THE AWARD OF THE HKIAC ARBITRATION TRIBUNAL SHALL BE FINAL AND BINDING UPON ALL RELEVANT PARTIES, AND THE ARBITRATION EXPENSES SHALL BE BORNE BY THE LOSING PARTY UNLESS OTHERWISE DETERMINED IN THE AWARD. ANY PARTY TO THE DISPUTE MAY APPLY TO A COURT OF COMPETENT JURISDICTION FOR ENFORCEMENT OF SUCH AWARD. |
| 286 | 286 | |
| 287 | | IF YOU CONTRACT WITH ALIBABA.COM SINGAPORE E-COMMERCE PRIVATE LIMITED, ALIEXPRESS E-COMMERCE ONE PTE. LTD., ALIEXPRESS INTERNATIONAL (UNITED STATES) CORPORATION, ALIEXPRESS CIS HOLDING PTE. LTD., ALIEXPRESS KOREA HOLDING (SINGAPORE) PTE. LTD OR ALIEXPRESS KOREA LIMITED, THESE TERMS SHALL BE GOVERNED BY LAWS OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION ("HONG KONG") WITHOUT REGARD TO ITS CONFLICT OF LAWS PROVISIONS; AND ANY DISPUTE, CONTROVERSY OR CLAIM BETWEEN THE PARTIES, OR THOSE ARISING OUT OF OR RELATING TO THE TERMS, OR THE INTERPRETATION, BREACH, TERMINATION OR VALIDITY HEREOF, OR ANY DISPUTE REGARDING NON-CONTRACTUAL OBLIGATIONS ARISING OUT OF OR RELATING TO THE TERMS SHALL FIRST BE SUBJECT TO RESOLUTION THROUGH AMICABLE CONSULTATION BETWEEN THE PARTIES; SUCH CONSULTATION SHALL BEGIN WITHIN SEVEN (7) DAYS AFTER ONE PARTY HERETO HAS DELIVERED TO THE OTHER PARTY A WRITTEN REQUEST FOR SUCH CONSULTATION; EXCEPT AS OTHERWISE STIPULATED UNDER APPLICABLE LAW, IF, WITHIN THIRTY (30) DAYS FOLLOWING THE COMMENCEMENT OF SUCH CONSULTATION, THE DISPUTE CANNOT BE RESOLVED, AT ANY TIME FOLLOWING SUCH THIRTY (30) DAY PERIOD UPON THE REQUEST OF ANY PARTY WITH NOTICE TO THE OTHER PARTY, THE DISPUTE SHALL BE REFERRED TO AND FINALLY RESOLVED BY ARBITRATION ADMINISTERED BY THE HONG KONG INTERNATIONAL ARBITRATION CENTRE ("HKIAC") UNDER THE HKIAC ADMINISTERED ARBITRATION RULES IN FORCE WHEN THE NOTICE OF ARBITRATION IS SUBMITTED. IF ANY DISPUTE IS SUBMITTED TO THE HKIAC FOR ARBITRATION, THE ARBITRATION PANEL SHALL CONSIST OF ONE SINGLE ARBITRATOR. UNLESS THE PARTIES AGREE OTHERWISE, THE ARBITRATION SHALL BE CONDUCED IN ENGLISH AND BE IN HONG KONG. THE AWARD OF THE HKIAC ARBITRATION TRIBUNAL SHALL BE FINAL AND BINDING UPON ALL RELEVANT PARTIES, AND THE ARBITRATION EXPENSES SHALL BE BORNE BY THE LOSING PARTY UNLESS OTHERWISE DETERMINED IN THE AWARD. ANY PARTY TO THE DISPUTE MAY APPLY TO A COURT OF COMPETENT JURISDICTION FOR ENFORCEMENT OF SUCH AWARD. |
| 287 | 12.7A (A) BEFORE INITIATING ARBITRATION UNDER SECTION 12.7, THE CLAIMANT MUST FIRST COMPLETE THE INFORMAL DISPUTE RESOLUTION PROCESS DESCRIBED IN THIS SECTION 12.7A. NO PARTY MAY FILE A NOTICE OF ARBITRATION WITH HKIAC UNLESS AND UNTIL THE REQUIREMENTS OF THIS SECTION 12.7A HAVE BEEN SATISFIED IN FULL. A FAILURE TO COMPLETE THIS PROCESS SHALL CONSTITUTE A FAILURE TO EXHAUST A CONTRACTUAL CONDITION PRECEDENT TO ARBITRATION, AND THE ARBITRAL TRIBUNAL OR ANY COURT OF COMPETENT JURISDICTION MAY STAY OR DISMISS ANY ARBITRATION OR COURT PROCEEDING BROUGHT WITHOUT HAVING FIRST COMPLETED THIS PROCESS. THE STATUTE OF LIMITATIONS AND ANY APPLICABLE FILING DEADLINES SHALL BE TOLLED FROM THE DATE OF ALIEXPRESS.COM'S RECEIPT OF NOTICE OF DISPUTE THAT SUBSTANTIALLY COMPLIES WITH THE REQUIREMENTS OF PARAGRAPH (B) UNTIL THE DATE ON WHICH EITHER PARTY IS ENTITLED TO PROCEED TO ARBITRATION UNDER PARAGRAPH (E). |
| 288 | 288 | |
| 289 | | 12.8 If you have any comments on the Services we provide to you, you may contact our [customer service support line](https://customerservice.aliexpress.com/home) with any such feedback or questions. |
| 289 | (B) TO INITIATE INFORMAL DISPUTE RESOLUTION, THE CLAIMANT MUST SUBMIT A WRITTEN NOTICE OF DISPUTE ("NOTICE OF DISPUTE") TO ALIEXPRESS.COM AT AE\_customerservice@aliexpress.com, OR SUCH OTHER ADDRESS OR MEANS AS ALIEXPRESS.COM MAY DESIGNATE FROM TIME TO TIME BY UPDATING ITS WEBSITE,WHICH SHALL CONTAIN ALL OF THE FOLLOWING: (I) THE CLAIMANT'S FULL NAME, CONTACT INFORMATION, AND ALIEXPRESS.COM ACCOUNT IDENTIFIER; (II) A DETAILED DESCRIPTION OF THE DISPUTE, INCLUDING THE SPECIFIC TRANSACTIONS, PRODUCTS, OR SERVICES AT ISSUE; (III) THE SPECIFIC RELIEF SOUGHT, INCLUDING THE AMOUNT OF ANY MONETARY CLAIM; (IV) THE BASIS FOR THE CLAIM, INCLUDING ANY RELEVANT ORDER NUMBERS OR TRANSACTION DATES; (V) DOCUMENTARY EVIDENCE SUPPORTING THE CLAIM, AT MINIMUM, AN UNEDITED SCREENSHOT OR PDF EXPORT OF THE ORDER DETAIL PAGE FROM CLAIMANT'S ALIEXPRESS.COM ACCOUNT, GENERATED WITHIN THIRTY (30) DAYS PRIOR TO SUBMISSION, SHOWING ORDER NUMBER, TRANSACTION DATE, PRODUCT DESCRIPTION, AMOUNT, AND ORDER STATUS. ADDITIONAL DOCUMENTARY EVIDENCE MAY BE SUBMITTED AS THE CLAIMANT DEEMS APPROPRIATE. FAILURE TO PROVIDE THE REQUIRED ORDER DETAIL EXPORT SHALL RENDER THE NOTICE INCOMPLETE; AND (VI) A PERSONAL DECLARATION UNDER OATH SIGNED BY THE CLAIMANT, CONTAINING THE FOLLOWING STATEMENTS: |
| 290 | 290 | |
| 291 | (a) THE INFORMATION PROVIDED IN THIS NOTICE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF; |
| 292 | |
| 293 | (b) I HAVE NOT ASSIGNED OR TRANSFERRED MY CLAIM TO ANY THIRD PARTY FOR THE PURPOSE OF INITIATING OR PARTICIPATING IN THIS DISPUTE RESOLUTION PROCESS, AND I DISCLOSE ANY PRIOR ASSIGNMENT, TRANSFER, OR FUNDING ARRANGEMENT RELATING TO THIS CLAIM, INCLUDING ANY AGREEMENT WITH A LAW FIRM, LITIGATION FUNDER, OR CLAIM AGGREGATION ENTITY; |
| 294 | |
| 295 | (c) I HAVE PERSONALLY REVIEWED THE INFORMATION SUBMITTED IN THIS NOTICE AND IT ACCURATELY REFLECTS MY OWN EXPERIENCE WITH THE PRODUCT OR SERVICE AT ISSUE; |
| 296 | |
| 297 | ALIEXPRESS.COM SHALL HAVE FOURTEEN (14) CALENDAR DAYS FROM RECEIPT TO REVIEW THE NOTICE FOR COMPLETENESS. IF ALIEXPRESS.COM DETERMINES THE NOTICE IS INCOMPLETE, IT SHALL NOTIFY THE CLAIMANT IN WRITING SPECIFYING THE DEFICIENCIES WITHIN SUCH FOURTEEN (14) DAY PERIOD. THE CLAIMANT SHALL THEN HAVE THIRTY (30) CALENDAR DAYS TO CURE THE DEFICIENCIES AND RESUBMIT A COMPLETE NOTICE. THE FOURTEEN (14) DAY ACKNOWLEDGMENT PERIOD UNDER PARAGRAPH (C) SHALL COMMENCE ONLY UPON ALIEXPRESS.COM'S RECEIPT OF A COMPLETE NOTICE (INCLUDING ANY CURED AND RESUBMITTED NOTICE). IF ALIEXPRESS.COM FAILS TO NOTIFY THE CLAIMANT OF ANY DEFICIENCIES WITHIN THE FOURTEEN (14) DAY REVIEW PERIOD, THE NOTICE SHALL BE DEEMED COMPLETE FOR PURPOSES OF PARAGRAPH (C). |
| 298 | |
| 299 | A NOTICE OF DISPUTE THAT DOES NOT CONTAIN ALL OF THE FOREGOING INFORMATION, INCLUDING A COMPLETE PERSONAL DECLARATION UNDER PARAGRAPH (B), SHALL BE DEEMED INCOMPLETE AND SHALL NOT SATISFY THE REQUIREMENTS OF THIS SECTION. |
| 300 | |
| 301 | (C) UPON RECEIPT OF A COMPLETE NOTICE OF DISPUTE, ALIEXPRESS.COM SHALL ACKNOWLEDGE RECEIPT WITHIN FOURTEEN (14) CALENDAR DAYS AND ASSIGN THE MATTER TO A DESIGNATED DISPUTE RESOLUTION REPRESENTATIVE. THE PARTIES SHALL THEN ENGAGE IN GOOD-FAITH NEGOTIATIONS TO RESOLVE THE DISPUTE FOR A PERIOD OF SIXTY (60) CALENDAR DAYS FROM THE DATE OF ALIEXPRESS.COM'S ACKNOWLEDGMENT (THE "RESOLUTION PERIOD"). DURING THE RESOLUTION PERIOD, ALIEXPRESS.COM MAY PROPOSE ONE OR MORE RESOLUTION OPTIONS, WHICH MAY INCLUDE REFUNDS, REPLACEMENTS, CREDITS, OR OTHER REMEDIES AS APPROPRIATE UNDER THE CIRCUMSTANCES. EITHER PARTY'S FAILURE TO ENGAGE IN THE INFORMAL DISPUTE RESOLUTION PROCESS IN GOOD FAITH, INCLUDING BUT NOT LIMITED TO UNREASONABLE REFUSAL TO RESPOND TO COMMUNICATIONS OR PROPOSED RESOLUTIONS, SHALL BE DEEMED A MATERIAL BREACH OF THIS SECTION 12.7A AND MAY BE RAISED BY THE OTHER PARTY AS A DEFENSE IN ANY SUBSEQUENT ARBITRATION OR COURT PROCEEDING. |
| 302 | |
| 303 | (D) THE INFORMAL DISPUTE RESOLUTION PROCESS MAY BE ADMINISTERED BY ALIEXPRESS.COM'S TRAINED DISPUTE RESOLUTION TEAM, WHICH MAY INCLUDE CUSTOMER SERVICE PROFESSIONALS AND OTHER QUALIFIED PERSONNEL. NEITHER PARTY IS REQUIRED TO BE REPRESENTED BY LEGAL COUNSEL DURING THIS PROCESS, ALTHOUGH EITHER PARTY MAY CHOOSE TO BE SO REPRESENTED AT ITS OWN EXPENSE. |
| 304 | |
| 305 | (E) IF THE DISPUTE IS NOT RESOLVED WITHIN THE RESOLUTION PERIOD, ALIEXPRESS.COM SHALL ISSUE A WRITTEN NOTICE OF COMPLETION TO THE CLAIMANT, CONFIRMING THAT THE INFORMAL DISPUTE RESOLUTION PROCESS HAS BEEN EXHAUSTED WITHOUT RESOLUTION. ONLY UPON RECEIPT OF SUCH NOTICE MAY EITHER PARTY PROCEED TO ARBITRATION UNDER SECTION 12.7. IN THE EVENT ALIEXPRESS.COM FAILS TO ISSUE A NOTICE OF COMPLETION WITHIN FOURTEEN (14) CALENDAR DAYS AFTER EXPIRY OF THE RESOLUTION PERIOD, THE CLAIMANT MAY PROVIDE WRITTEN NOTICE TO ALIEXPRESS.COM DEMANDING ISSUANCE OF THE NOTICE OF COMPLETION. IF ALIEXPRESS.COM FAILS TO ISSUE SUCH NOTICE WITHIN FOURTEEN (14) CALENDAR DAYS OF RECEIPT OF SUCH DEMAND, THE CLAIMANT MAY PROCEED TO ARBITRATION UNDER SECTION 12.7. |
| 306 | |
| 307 | (F) THIS SECTION 12.7A APPLIES TO EACH CLAIM INDIVIDUALLY. WHERE TWENTY-FIVE (25) OR MORE CLAIMS ARE RECEIVED AS NOTICES OF DISPUTE BY OR WITH THE ASSISTANCE OF THE SAME LAW FIRM, COORDINATING ENTITY, OR GROUP OF COORDINATING COUNSEL WITHIN A THIRTY (30) DAY PERIOD, OR WHERE SUCH CLAIMS ARE FILED BY CLAIMANTS WHO ARE NOT NATURAL PERSONS ACTING IN THEIR OWN INDIVIDUAL CAPACITY, EACH CLAIM MUST INDEPENDENTLY SATISFY THE REQUIREMENTS OF THIS SECTION 12.7A BEFORE PROCEEDING TO ARBITRATION. UPON WRITTEN NOTICE TO THE CLAIMANTS' COUNSEL OR COORDINATING ENTITY, ALIEXPRESS.COM MAY ELECT TO REVIEW ALL NOTICES OF DISPUTE RECEIVED WITHIN SUCH THIRTY (30) DAY PERIOD COLLECTIVELY, IN WHICH CASE: (I) ALIEXPRESS.COM SHALL HAVE NINETY (90) CALENDAR DAYS FROM RECEIPT OF THE LAST NOTICE IN SUCH PERIOD TO ACKNOWLEDGE RECEIPT UNDER PARAGRAPH (C); AND (II) THE RESOLUTION PERIOD UNDER PARAGRAPH (C) SHALL NOT COMMENCE FOR ANY INDIVIDUAL NOTICE UNTIL ALIEXPRESS.COM HAS COMPLETED ITS REVIEW OF ALL NOTICES RECEIVED WITHIN SUCH THIRTY (30) DAY PERIOD. FOR THE AVOIDANCE OF DOUBT, THE FILING OF MULTIPLE NOTICES OF DISPUTE THAT ARE SUBSTANTIALLY IDENTICAL IN FORM AND SUBSTANCE, OR THAT LACK INDIVIDUALIZED FACTUAL SUPPORT, SHALL NOT SATISFY THE REQUIREMENTS OF PARAGRAPH (B). |
| 308 | |
| 309 | (G) THE OBLIGATIONS UNDER THIS SECTION 12.7A SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT AND SHALL APPLY TO ANY DISPUTE REGARDLESS OF WHEN THE UNDERLYING EVENTS GIVING RISE TO SUCH DISPUTE OCCURRED. |
| 310 | |
| 311 | 12.8 CLASS ACTION WAIVER |
| 312 | |
| 313 | TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND ALIEXPRESS.COM AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES REGARDLESS OF THE FORUM IN WHICH A DISPUTE IS RESOLVED. NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS CLAUSE SHALL PREVENT YOU FROM PARTICIPATING IN A GOVERNMENT ENFORCEMENT ACTION BROUGHT BY A PUBLIC AUTHORITY. EACH PARTY ACKNOWLEDGES THAT NEITHER IT NOR ANY OTHER PERSON HAS MADE ANY REPRESENTATION OF AVAILABILITY OF CLASS, COLLECTIVE, OR REPRESENTATIVE RELIEF AND THAT EACH PARTY IS WILLINGLY AND VOLUNTARILY WAIVING THE RIGHT TO SUCH RELIEF. |
| 314 | |
| 315 | 12.9 SMALL CLAIMS COURT EXCEPTION |
| 316 | |
| 317 | NOTWITHSTANDING THE FOREGOING DISPUTE RESOLUTION PROVISIONS, YOU MAY ELECT TO BRING AN INDIVIDUAL CLAIM IN A SMALL CLAIMS COURT OF COMPETENT JURISDICTION, PROVIDED THAT THE CLAIM FALLS WITHIN THE MONETARY LIMITS AND SUBJECT-MATTER JURISDICTION OF SUCH COURT AND THE CLAIM IS BROUGHT ON AN INDIVIDUAL, NON-CLASS BASIS. IF YOU FILE A CLAIM IN SMALL CLAIMS COURT THAT EXCEEDS ITS JURISDICTIONAL LIMITS, OR IF YOU SUBSEQUENTLY AMEND SUCH A CLAIM TO EXCEED ITS JURISDICTIONAL LIMIT, OR THE COURT OTHERWISE DECLINES OR IS UNABLE TO HEAR THE CLAIM, THE CLAIM SHALL BE RESOLVED THROUGH ARBITRATION PURSUANT TO SECTION 12.7. |
| 318 | |
| 319 | A CLAIM INITIALLY FILED IN SMALL CLAIMS COURT MAY NOT BE VOLUNTARILY DISMISSED AND RE-FILED AS AN ARBITRATION DEMAND WITHOUT FIRST ADHERING TO THE PRE-ARBITRATION REQUIREMENTS SET FORTH UNDER SECTION 12.7A. |
| 320 | |
| 321 | THIS EXCEPTION APPLIES ONLY TO GENUINELY INDIVIDUAL CLAIMS AND DOES NOT AUTHORIZE COORDINATED, CONCERTED, OR SIMULTANEOUS FILINGS BY OR ON BEHALF OF MULTIPLE CONSUMERS. |
| 322 | |
| 323 | 12.10 SEVERABILITY AND SURVIVAL OF DISPUTE RESOLUTION PROVISIONS |
| 324 | |
| 325 | (A) THE CLASS ACTION WAIVER SET FORTH IN SECTION 12.8 IS A SEPARATE, DISTINCT, AND INDEPENDENT PROVISION FROM ANY ARBITRATION AGREEMENT CONTAINED IN THIS SECTION 12, INCLUDING WITHOUT LIMITATION THE ARBITRATION PROVISIONS OF SECTION 12.7. THIS SECTION 12.10 GOVERNS THE SEVERABILITY AND SURVIVAL OF THE PROVISIONS OF SECTIONS 12.7 AND 12.8 AND SHALL CONTROL OVER THE GENERAL SEVERABILITY PROVISION SET FORTH IN SECTION 12.3 TO THE EXTENT OF ANY CONFLICT. IF ANY COURT OR TRIBUNAL OF COMPETENT JURISDICTION FINDS THE ARBITRATION PROVISIONS OF SECTION 12.7 TO BE INVALID, UNENFORCEABLE, OR INAPPLICABLE, IN WHOLE OR IN PART, AND FOR ANY REASON, INCLUDING WITHOUT LIMITATION ANY CHALLENGE TO THE SEAT, ADMINISTERING INSTITUTION, OR CHOICE OF ARBITRATION RULES SPECIFIED IN SECTION 12.7, THE CLASS ACTION WAIVER IN SECTION 12.8 SHALL NEVERTHELESS REMAIN IN FULL FORCE AND EFFECT AND SHALL BE ENFORCEABLE IN ANY COURT OF COMPETENT JURISDICTION, AND ANY DISPUTE OTHERWISE SUBJECT TO THIS SECTION 12 SHALL PROCEED, IF AT ALL, ON AN INDIVIDUAL BASIS ONLY AND NOT AS A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. |
| 326 | |
| 327 | (B) SIMILARLY, IF ANY COURT OR ARBITRAL TRIBUNAL OF COMPETENT JURISDICTION FINDS THE CLASS ACTION WAIVER IN SECTION 12.8 TO BE INVALID OR UNENFORCEABLE, OR INAPPLICABLE, IN WHOLE OR IN PART, THE ARBITRATION PROVISIONS OF SECTION 12.7 SHALL NEVERTHELESS REMAIN IN FULL FORCE AND EFFECT, AND ANY CLAIM THAT WOULD OTHERWISE HAVE BEEN SUBJECT TO THE CLASS ACTION WAIVER SHALL BE RESOLVED THROUGH ARBITRATION IN ACCORDANCE WITH SECTION 12.7. |
| 328 | |
| 329 | (C) EACH PARTY ACKNOWLEDGES THAT SECTIONS 12.7 AND 12.8 REFLECT SEPARATE AND INDEPENDENT INTENTIONS, AND THAT THE INVALIDITY OR UNENFORCEABILITY OF ONE SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE OTHER. THE INVALIDITY, UNENFORCEABILITY, OR INAPPLICABILITY OF ANY OTHER PROVISION OF THIS SECTION 12, OR OF THE MANNER IN WHICH ANY SUCH PROVISION IS APPLIED TO A PARTICULAR CLAIM OR PARTY, SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF ANY OTHER PROVISION OF THIS SECTION 12, INCLUDING THE PROVISIONS OF SECTIONS 12.7 AND 12.8 GOVERNED BY PARAGRAPHS (A) AND (B) ABOVE. |
| 330 | |
| 331 | (D) THIS SECTION 12.10 SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING ANY FINDING THAT ANY OTHER PROVISION OF THIS AGREEMENT, INCLUDING THIS SECTION 12, IS INVALID, UNENFORCEABLE, OR INAPPLICABLE. |
| 332 | |
| 333 | 12.11 STATUTORY RIGHTS RESERVATION |
| 334 | |
| 335 | NOTHING IN SECTIONS 12.7 THROUGH 12.10 SHALL BE CONSTRUED TO LIMIT, WAIVE, OR RESTRICT ANY RIGHTS THAT CANNOT BE LIMITED, WAIVED, OR RESTRICTED UNDER APPLICABLE MANDATORY LAW, INCLUDING BUT NOT LIMITED TO CONSUMER PROTECTION LAWS OF THE JURISDICTION WHERE YOU ARE HABITUALLY RESIDENT AND ANY STATUTE THAT AUTHORIZES A PRIVATE PARTY TO PURSUE CIVIL PENALTIES ON BEHALF OF A GOVERNMENTAL ENTITY. NOTHING IN SECTIONS 12.7 THROUGH 12.10 SHALL BE CONSTRUED AS AN INTENT TO LIMIT STATUTORY RIGHTS. IF ANY PROVISION OF SECTIONS 12.7 THROUGH 12.10 IS FOUND TO CONFLICT WITH SUCH MANDATORY LAW, THAT PROVISION SHALL BE DEEMED MODIFIED TO THE MINIMUM EXTENT NECESSARY TO COMPLY WITH SUCH LAW, AND ALL OTHER PROVISIONS SHALL REMAIN IN FULL FORCE AND EFFECT. |
| 336 | |
| 337 | 12.12 If you have any comments on the Services we provide to you, you may contact our [customer service support line](https://customerservice.aliexpress.com/home) with any such feedback or questions. |
| 338 | |
| 291 | 339 | 1. Formerly known as AliExpress Russia Holding Private Limited. |
| 292 | 340 | |
| 293 | | ## Part B: Old version - effective as of April 1, 2025 |
| 341 | Part B: Old version - effective as of July 1, 2026 |
| 294 | 342 | |
| 295 | 343 | PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY! |
| 296 | 344 | |
| 297 | 345 | Welcome to www.aliexpress.com! These Terms of Use describe the terms and conditions applicable to your access and use of the websites, mobile sites, mobile applications and other portals owned, operated, branded or made available by AliExpress.com (defined below) from time to time which relate to the AliExpress e-commerce platform including but not limited to the web and mobile-optimized versions of the websites identified by the uniform resource locators "www.aliexpress.com", "www.aliexpress.ru" and "www.tmall.ru" and their sub-domains (collectively the "Sites" or "AliExpress Sites"), and the mobile applications of the AliExpress e-commerce platforms. This document is a legally binding agreement between you as a user of the Sites (referred to as "you", "your" or "User" hereinafter) and the AliExpress.com contracting entity determined in accordance with clause 2.1 below (referred to as "we", "our" or "AliExpress.com" hereinafter). |
| 298 | 346 | |
| 299 | 347 | 1. Application and Acceptance of the Terms |
| 415 | 463 | (h) not involve attempts to copy, reproduce, exploit or expropriate AliExpress.com's various proprietary directories, databases and listings; |
| 416 | 464 | |
| 417 | 465 | (i) not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information; |
| 418 | 466 | |
| 419 | 467 | (j) not involve any scheme to undermine the integrity of the data, systems or networks used by AliExpress.com and/or any user of the Sites or gain unauthorized access to such data, systems or networks; |
| 420 | 468 | |
| 421 | | (k) not, and your director(s), officer(s), controlling party/ies, affiliates and legal jurisdiction in which any of the foregoing persons or entities is organized or has operations are not, persons or entities that are subject to any economic or fraud sanctions of any governmental, international or regulatory entities; and |
| 469 | (k) not, and your director(s), officer(s), controlling party/ies, affiliates and legal jurisdiction in which any of the foregoing persons or entities is organized or has operations are not, persons or entities that are subject to any economic or fraud sanctions of any governmental, international or regulatory entities; |
| 422 | 470 | |
| 423 | | (l) not engage in any activities that would otherwise create any liability for AliExpress.com or our affiliates. |
| 471 | (l) not engage in any activities that would otherwise create any liability for AliExpress.com or our affiliates; |
| 424 | 472 | |
| 473 | (m) not abuse or attempt to abuse any promotions, coupons, discounts, or other benefits offered by AliExpress.com or its affiliates; and |
| 474 | |
| 475 | (n) not instruct, permit, encourage, assist, or otherwise enable any third party to engage in any conduct prohibited in AliExpress.com rules or policies. |
| 476 | |
| 425 | 477 | 5.7 Member may not use the Sites, Services or member account to engage in activities which are identical or similar to AliExpress.com's e-commerce marketplace business. |
| 426 | 478 | |
| 427 | 479 | 5.8 If Member provides a business referee, Member represents, warrants and agrees that you have obtained all necessary consents, approvals and waivers from such referee to (a) act as your business referee; (b) post and publish their contact details and information, reference letters and comments on their behalf; and (c) that third parties may contact such business referees to support claims or statements made about you. You further warrant and agree that all reference letters and comments are true and accurate and third parties may contact the business referees without the need to obtain your consent. |
| 428 | 480 | |
| 429 | 481 | 5.9 Member agrees to provide all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for AliExpress.com's provision of the Services, evaluating whether Member has breached the Terms and/or handling any complaint against the Member. If Member's failure to do so results in delay in, or suspension or termination of, the provision of any Service, AliExpress.com shall not be obliged to extend the relevant service period nor be liable for any loss or damages arising out of or in connection with such delay, suspension or termination. |
| 430 | 482 | |
| 451 | 503 | If, at any time, you fail to meet any of the above requirements, you should stop using the Services immediately. If AliExpress.com reasonably believes that any of your conduct violates or threatens to violate any applicable laws and regulations, AliExpress.com may, at its sole discretion, at any time take action as it may deem appropriate in light of the circumstances, including, but not limited to, terminating the provision of Services to you, closing relevant purchase orders, and terminating your accounts, while reserving all rights it may have regarding any non-compliant actions or conduct of its members. |
| 452 | 504 | |
| 453 | 505 | 6. Breaches by Members |
| 454 | 506 | |
| 455 | 507 | 6.1 AliExpress.com reserves the right in our sole discretion to remove, modify or reject any User Content (in whole or in part) that you submit to, post or display on the Sites which we reasonably believe (a) violates any applicable laws and regulations; (b) violates the Terms hereunder; (c) could subject AliExpress.com or our affiliates to liability; (d) infringes any Third Party Rights; (e) could harm the interests of our Members, third party or AliExpress.com or our affiliates; or (f) is otherwise found inappropriate in AliExpress.com's sole discretion. |
| 456 | 508 | |
| 457 | | 6.2 If any Member breaches any Terms, or if AliExpress.com has reasonable grounds to believe that a Member is in breach of any Terms, AliExpress.com shall have the right to take such disciplinary actions as it deems appropriate, including without limitation: (a) suspending or terminating the Member's account and any and all accounts determined to be related to such account by AliExpress.com in its sole discretion without liability for any losses or damages arising out of or in connection with such suspension or termination; (b) restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any Service; (c) removing any product listings or other User Content that the Member has submitted, posted or displayed, or imposing restrictions on the number of product listings or User Content that the Member may post or display; (d) imposing other restrictions on the Member's use of any features or functions of any Service as AliExpress.com may consider appropriate in its sole discretion; and (e) any other corrective actions, discipline or penalties as AliExpress.com may deem necessary or appropriate in its sole discretion. |
| 509 | 6.2 If any Member breaches any Terms, or if AliExpress.com has reasonable grounds to believe that a Member is in breach of any Terms, AliExpress.com shall have the right to take such disciplinary actions as it deems appropriate, including without limitation: (a) suspending or terminating the Member's account and any and all accounts determined to be related to such account by AliExpress.com in its sole discretion without liability for any losses or damages arising out of or in connection with such suspension or termination; (b) restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any Service; (c) removing any product listings or other User Content that the Member has submitted, posted or displayed, or imposing restrictions on the number of product listings or User Content that the Member may post or display; (d) imposing other restrictions on the Member's use of any features or functions of any Service as AliExpress.com may consider appropriate in its sole discretion; (e) canceling or closing any orders placed by the Member; (f) restricting, suspending or canceling any benefits associated with the Member's use of the Services and denying, suspending, revoking, canceling, withholding or invalidating any promotional offers or benefits; and (g) any other corrective actions, discipline or penalties as AliExpress.com may deem necessary or appropriate in its sole discretion. |
| 458 | 510 | |
| 511 | For the avoidance of doubt, any actions taken against any Member pursuant to this clause 6.2 shall not prevent or limit such Member from exercising any statutory consumer rights to which such Member is entitled under applicable law. |
| 512 | |
| 459 | 513 | 6.3 Without limiting the generality of the provisions of the Terms, a Member would be considered as being in breach of the Terms in any of the following circumstances: |
| 460 | 514 | |
| 461 | 515 | (a) upon complaint or claim from any third party, AliExpress.com has reasonable grounds to believe that such Member has willfully or materially failed to perform your contract with such third party, including, without limitation, where a Member who supplies products or services using the Sites and Services has failed to deliver any items ordered by such third party after receipt of the purchase price, or where the items such Member has delivered materially fail to meet the terms and descriptions outlined in your contract with such third party; |
| 462 | 516 | |
| 463 | 517 | (b) AliExpress.com has reasonable grounds to suspect that such Member has used a stolen credit card or other false or misleading information in any transaction with a counter party; |
| 464 | 518 | |
| 465 | | (c) AliExpress.com has reasonable grounds to suspect that any information provided by the Member is not current or complete or is untrue, inaccurate, or misleading; or |
| 519 | (c) AliExpress.com has reasonable grounds to suspect that any information provided by the Member is not current or complete or is untrue, inaccurate, or misleading; |
| 466 | 520 | |
| 467 | | (d) AliExpress.com believes that the Member's actions may cause financial loss or legal liability to AliExpress.com or our affiliates or any other Users. |
| 521 | (d) AliExpress.com has reasonable grounds to suspect that the Member has engaged in return or refund fraud or abuse, including but not limited to, repeated misuse or abuse of return services or other conduct prohibited by the Return & Refund Policy of AliExpress.com; |
| 468 | 522 | |
| 523 | (e) AliExpress.com has reasonable grounds to suspect that the Member has attempted to engage in, or has instructed, permitted, encouraged, assisted, or otherwise enabled any third party to engage in return or refund fraud or abuse, including but not limited to, the use of multiple associated accounts to circumvent AliExpress.com rules or policies; |
| 524 | |
| 525 | (f) AliExpress.com detects, identifies, or has reasonable grounds to suspect any automated or bot-like activities, purchasing patterns that are inconsistent with ordinary consumers, fraudulent transactions, improper arbitrage, or any other conduct by the Member that breaches AliExpress.com rules or policies; or |
| 526 | |
| 527 | (g) AliExpress.com believes that the Member's actions may cause financial loss or legal liability to AliExpress.com or our affiliates or any other Users. |
| 528 | |
| 469 | 529 | 6.4 AliExpress.com reserves the right to cooperate fully with governmental or regulatory authorities, law enforcement bodies, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, to the extent permitted by applicable laws and policies, AliExpress.com may disclose the Member's identity, contact information and/or information regarding the Member's account(s), transactions or activities carried out on or via the Site, if requested by a government, regulatory or law enforcement body or an injured third party, or as a result of a subpoena or other legal action. AliExpress.com shall not be liable for damages or results arising from such disclosure, and Member agrees not to bring any action or claim against AliExpress.com for such disclosure. |
| 470 | 530 | |
| 471 | 531 | 6.5 AliExpress.com may, at any time and in our reasonable discretion, impose limitations on, suspend or terminate the Member's use of any Service or the Sites without being liable to the Member if AliExpress.com has received notice that the Member is in breach of any agreement or undertaking with any affiliate of AliExpress.com including, without limitation, Taobao, Alipay and such breach involves or is reasonably suspected to involve dishonest or fraudulent activities. AliExpress.com reserves the right to, but shall not be required to investigate such breach or request confirmation from the Member. |
| 472 | 532 | |
| 473 | 533 | 6.6 EACH MEMBER AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS ALIEXPRESS.COM, AND ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES, FROM ANY CLAIMS, LOSSES, DAMAGES, ACTIONS, OR LIABILITIES OF ANY KIND (INCLUDING LEGAL FEES AND COSTS) ARISING OUT OF OR RELATING THE MEMBER'S ACTUAL OR ALLEGED BREACH OF THE TERMS. ALIEXPRESS.COM RESERVES THE RIGHT TO SELECT DEFENSE COUNSEL AND CONTROL THE DEFENSE AND RESOLUTION OF ANY SUCH MATTER IN ITS DISCRETION. |
| 474 | 534 | |