Updated as of July 17 , 2021
These Kameymall.com Purchasing Transaction Dispute Rules (the "Dispute Rules") describe the general principles for how disputes between buyers and sellers are handled in purchasing transactions on Kameymall.com. Kameymall.com aims to provide a fair and safe trading platform for both buyers and sellers.
These Dispute Rules set out the general principles for dealing with trade disputes in connection procurement transactions on Kameymall.com. You agree that Kameymall.com will have the full power, rights and discretion to handle and determine all matters relating to any dispute in the Purchase Transaction, as it is appropriate for Kameymall.com to take into account the general principles set out in these Dispute Rules, Generally accepted cross-border trading practices, supporting documents provided by buyers and sellers, and the circumstances of individual dispute cases.
These controversial rules do not apply to offline transactions between sellers and buyers of Kameymall.com Supplemental Services, a trading platform that does not use Kameymall.com.
Kameymall.com may revise these dispute rules from time to time. The revised version will become effective immediately after release.
Kameymall.com encourages you to resolve disputes in sourcing transactions through friendly negotiations.
Section 1 -- Definitions
1.1 Unless otherwise defined in these Disputes Rules, capitalized terms have the same meanings as used in the Kameymall.com Transaction Services Agreement and the Kameymall.com General Rules for Procurement Transactions.
1.2 Procurement transaction refers to the online transaction of cross-border transactions of products under the general rules of Kameymall.com procurement transactions, in which the products are delivered by the seller to the buyer by air or sea.
Section 2 -- Disputes Procedures
2.1 The complainant should submit your complaint or dispute to Kameymall.com through the online complaint system ("platform") within the relevant time limit. Otherwise, Kameymall.com reserves the right to refuse to accept any complaint or dispute.
2.2 If a complainant files a complaint, he/she shall submit a complaint submission form on the platform within 20 calendar days after the complaint is submitted, and provide all relevant supporting materials. If the complainant fails to provide relevant supporting documents within the prescribed time limit, the mall has the right to refuse to accept the complaint.
2.3 When Kameymall.com agrees to accept a complaint, Kameymall.com will notify the respondent of the complaint by email or telephone. Kameymall has the right to require the respondent to submit counter notice and relevant supporting documents within the specified time limit. If the respondent fails to submit the counter notice in time, or the supporting documents of the counter notice are insufficient to prove the counter notice, Kameymall.com has the right to suspend the respondent's account at Kameymall.com.
2.4 The supporting documents mentioned in the previous articles include:
(a) a sales contract entered into by the Seller and the Seller (the "Contract");
(b) records of all relevant communications;
(c) Evidence to prove that the product is different from the agreed product (e.g. test report issued by a third party);
(d) Other evidence in support of the complaint.
2.5 The parties must ensure that the documents submitted to Kameymall.com are true, correct, complete and not misleading. Kameymall.com shall have the right to make an immediate ruling against any party to the dispute in the event of any alteration, modification or falsification of the supporting documents.
2.6 Kameymall.com has the full right and discretion to accept or reject any supporting documents. Kameymall.com reserves the right to determine whether any supporting documents are sufficient to prove any dispute and whether it is the responsibility of any party.
2.7 If both parties fail to reach a settlement within the prescribed time limit, the Mall has the right to make a decision in accordance with the dispute rules.
2.8 In addition to the supporting documents submitted by the buyer and seller, Kameymall.com may also refer to general business practices in cross-border trade, including INCOTERM 2010.
Kameymall.com also has the right to consider other factors, such as any dishonest behavior by the seller or buyer.
Section 3 -- General Principals
3.1 Buyer and Seller may not unilaterally change the terms and conditions of the Contract for the sourcing transaction.
3.2 If a party claims that you cannot perform your obligations under this Contract in a timely manner due to force majeure, you must provide valid proof as required by Kameymall.com.
3.3 During the dispute settlement process, if the parties fail to reach an agreement on whether to continue to perform the contract, Kameymall has the right to suspend or freeze the relevant transaction.
3.4 When there is a dispute between the buyer and the seller, the two parties can negotiate a refund agreement. In the process of refund negotiation, the buyer and seller can communicate freely and reach a refund agreement as they think fit, and there is no restriction on how the buyer and seller can resolve the dispute. Where one party may be solely responsible, the buyer and seller may still reach an agreement in which both parties agree to share responsibilities or risks, or one of them agrees to waive its rights and interests. If the buyer and seller agree to pay any part of the funds to one of them, Kameymall.com will release the funds in accordance with the refund agreement agreed between the buyer and seller.
3.5 You agree that Kameymall.com does not need to obtain professional advice to make any decisions and can act as an ordinary lay person to make decisions in disputed cases. You also agree that Kameymall.com need not take any steps to verify the authenticity of any documents received.
Section 4 -- Dispute Cases
4.1 This section provides only partial dispute cases for reference. Kameymall.com has all rights and discretion, and determines any disputes based on the specific situation.
4.2 The buyer and seller shall fulfill your obligation to pay and deliver the products in accordance with the agreement. If either party violates the agreed obligations, the breaching party shall be held responsible. The defaulting party shall be responsible for fulfilling the obligations such as payment, delivery of products, repair, exchange, return, replenishment of products, refund and so on. Kameymall.com has the right to punish the responsible party.
4.3 Products not received:
(a) If the product is damaged or damaged due to force majeure, accident, carrier problems or other reasons not attributable to either party, the distribution of risk shall be determined in accordance with the contract between the buyer and the seller. If the contract does not provide for the distribution of risk in the case, the responsibility and risk shall be allocated in accordance with the provisions of the United Nations Convention on contracts for the International Sale of goods and the International Commercial terms (INCOTERMS).
(b) If the buyer is detained by the customs due to lack of import qualification, non-payment of customs duties or non-payment of customs duties, the buyer shall be responsible, and Kameymall shall have the right to refuse to accept the complaint and close the case accordingly. Specify special documentation requirements when purchasing a special type of product. If the goods are detained by the customs due to problems with the transport documents or other reasons of the seller, such as the seller has known and should have known the requirements of the documents, the seller shall be held responsible.
The seller shall make every effort to assist the buyer.
If the seller refuses to provide such assistance, Kameymall.com has the right to penalize the seller.
(c) If the Products are detained due to export restrictions or violations of the laws of the exporting country, and the Buyer knows and should have known that the Products are subject to export restrictions or violations, both parties shall be liable and Kameymall.com shall have the right to refuse to accept the complaint and settle the case accordingly. If the buyer was truly unaware of such facts in advance, the seller shall be liable. Kameymall.com has the right to punish the responsible parties.
(d) If the Products are detained due to restrictions on import or violation of the laws of the importing country, and the Seller knows and should have known that the Products are restricted or violation of the laws of the importing country, both parties shall be liable and Kameymall.com shall have the right to refuse to accept the complaint and settle the case accordingly. If the seller really had no prior knowledge of such facts, the buyer shall be liable. Kameymall.com has the right to punish the responsible parties.
(e) If the product is detained due to infringement of the intellectual property rights of a third party, and the buyer knows and ought to know such facts, both parties shall bear the responsibility, and Kamey mall has the right to refuse to accept the complaint and conclude the case accordingly. Kameymall.com has the right to punish both parties. If the buyer does not know that the product infringes the intellectual property rights of a third party, the Seller shall bear the responsibility, and Kameymall.com has the right to punish the seller.
4.4 Products not as described:
(a) The seller shall be liable if the buyer receives the quantity of the product less than the quantity ordered by the buyer under the contract. When both parties reach a settlement on the refund or return of goods, the Seller shall be responsible for and bear the expenses incurred in connection with the refund or return.
(b) If the quality of the product received by the Buyer does not conform to the quality standard ordered by the Buyer in the contract, or the function of the product is different, the Seller shall be liable, unless the Buyer has prior knowledge or consent.
(c) The Seller shall be liable if the Products are inferior in place of qualified products, counterfeit, adulterated, adulterated, old products in place of new products, etc. Kameymall.com shall have the right to reject the complaint and close the case accordingly if the Purchaser is aware of such defect in advance.
(d) If the product is a fake or inferior product and violates the intellectual property rights of any third party, Kameymall.com is entitled to punish the Seller even despite prior knowledge or consent to such defects.
(e) If the product received is not in conformity with the agreement in terms of specification, size, color or packaging, the seller shall be responsible.
4.5 If the seller forges the origin, or forges or uses, without authorization, the name, address, certification mark, famous brand mark, quarantine certificate, quality quarantine inspection report, verification report and other quality certification marks of another company, the seller shall be responsible. Kameymall.com has the right to penalize the seller.
4.6 After the parties reach an agreement on the return of the Products, the Buyer shall return the Products to the address designated or confirmed by the Seller. Expenses incurred in returning products shall be borne by the responsible party, unless otherwise agreed by both parties. If Buyer returns the Products to the wrong address, Buyer shall bear all risks and any loss, expense or damage arising therefrom, including but not limited to damage, destruction and loss of the Products as well as transportation, storage and storage expenses.
Section 5 -- Other provisions
5.1 During the dispute procedures:
(a) When the contract is cancelled due to the fault of the seller, the purchase price will be refunded to the buyer.
(b) The purchase price after deducting the expenses related to Kameymall.com's supplementary services, liquidated damages (if any) and other compensations (if any), the remaining part (if any) will be remitted to the buyer when the contract is signed due to the buyer's fault And canceled.
5.2 If a party is held responsible under these rules of dispute or violates the Kameymall.com terms of Service, Kameymall.com has the right to punish the responsible party. Penalties may include:
(a) publish records of breaches or complaints on the Kameymall.com website.
(b) suspension of Kameymall.com supplementary services for a specified period of time determined by Kameymall.com.
(c) suspend the use of your account trading function on the Kameymall.com website without providing any refund.
(d) permanently terminate the trading function you use on the Kameymall.com website without providing any refund.
5.3 If the dispute is not settled through friendly negotiation within the time limit specified in these rules, or if you are not satisfied with Kameymall.com 's award, you must apply to the China Arbitration Center ("CAC") for arbitration and notify Kameymall. Within 20 calendar days after Kameymall.com makes a decision, submit such an application to com. If neither the buyer nor the seller in dispute notifies Kameymall.com of your arbitration application within the above 20 calendar days, both buyer and seller shall be deemed to have agreed that the decision of Kameymall.com shall be final and binding on you.