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Management Rules for Merchant Preselling on JD.HK

Management Rules for Merchant Preselling on JD.HK Open Platform

 

Chapter I Overview

In order to promote the new business civilization of openness, transparency, sharing and responsibility, protect the legitimate rights and interests of users of JD.HK website, maintain the normal operation order of JD.HK Open Platform, and realize the standardized operation of merchants and shops, the Rules are formulated in accordance with national laws and regulations as well as Store Service Agreement of JD.HK Open Platform, General Rules for the Management of JD.HK Open Platform and other relevant protocols and rules.

 

Chapter II Management Regulations for Serious Violations of MerchantsSerious violations: refers to merchant suspected of violating relevant national laws and regulations or substantially violating the service agreement and rules of JD.HK Open Platform, seriously infringing the legitimate rights and interests of other merchants and consumers, and damaging the business order of JD.HK Open Platform. The specific serious violations and corresponding treatment measures are as follows:

 

 

2.1 Selling counterfeit commodities: refers to merchant selling counterfeit commodities or pirated commodities including suspected sale of counterfeit commodities and confirmed sale of counterfeit commodities. To protect the rights and interests of consumers, JD.HK Open Platform shall take market control measures, including but not limited to screening stores, removing illegal commodities from shelves, limiting the release of commodities, publicizing warnings, closing stores, etc.,against the merchants suspected of violations based on the severity of the circumstances.

 

2.1.1 Being suspected of selling counterfeit commodities: Being suspected of selling counterfeit commodities or pirated commodities is considered as a serious violation. For the first time found that the merchant is suspected of selling counterfeit commodities, pirated commodities, and identified as serious circumstances, 25 points will be deducted and the relevant commodities will be removed from the shelves. For the second time it was discovered that a merchant was suspected of selling counterfeit commodities, 50 points were deducted when the circumstances are particularly wicked; For the third time found that the merchant is suspected of selling counterfeit commodities, pirated commodities, and identified as extremely serious circumstances, 100 points will be deducted. In addition to the above, JD.HK shall have the right to take other types of control measures to businesses than the above control measures based on the merchant's degree of violation and in accordance with the Management Rules for Points Involved in Merchant Violations of JD.HK Open Platform, and shall also have the right to deal with their affiliated stores according to the relevant rules.

 

2.1.2 Commodity consistency: JD.HK will entrust a nationally recognized third-party testing agency to conduct random inspections on merchant commodity according to the Sampling Specification for Commodity Consistency of Cosmetics on JD.HK Open Platform. If the commodity consistency is found to be low, the merchant shall be subject to the following according to the seriousness of the circumstances. 1) If the COP value of packaging sense and that of technical index fall within B region, the merchant will be deemed to seriously violate the Rules and 12 points will be deducted; 2) If the COP value of packaging sense and that of technical index fall within C region, which is considered as a serious circumstance, the merchant will be deemed to grossly violate the Rules and 75 points will be deducted, all commodities in the store will be removed off the shelves/release of new commodities will be prohibited/relevant events need to be submitted and reported in a period of 21 days, and the merchant shall pay liquidated damages of RMB 30,000; 3) If the COP value of packaging sense and that of technical index fall within D region, which is considered as a particularly wicked circumstance, and the merchant will be deemed to seriously violate the Rules and 100 points will be deducted.

 

2.1.3 If it is determined that counterfeit commodities are sold, 100 points will be deducted each time, and the merchant's affiliated store will be punished in accordance with the Rules. See the Detailed Rules for the Sale of Counterfeit Commodities on JD.HK Open Platform for details.

 

 

 

2.2 Sale of non-overseas commodities: The commodities sold by merchants are non-overseas commodities shipped to consumers, 25 points are deducted each time, and 100 points are deducted when the circumstances are serious enough. (Overseas commodities refer to all overseas commodities that are all high-quality overseas purchased commodities sold by merchants on the JD.HK Open Platform. After a consumer places an order, the commodities are shipped from countries or regions other than the mainland through international logistics or from any Chinese bonded area that meets national laws and regulations with complete logistics status information from the place of delivery of the merchant to the consumer's destination provided by the logistics company. )

 

 

2.3.1 Sale of undeclared imported commodities: refers to the sale of imported commodities that have not been declared through normal Chinese customs procedures by merchants. To protect the rights and interests of consumers, JD.HK Open Platform shall take market control measures (including but not limited to screening stores, removing illegal commodities from shelves, limiting the release of commodities, publicizing warnings, closing stores, etc.) against the merchants suspected of violations based on the severity of the circumstances. If there is any behavior suspected of selling undeclared imported commodities, and when the circumstances are serious enough, the commodities suspected of being imported without customs declaration shall be removed from the shelves as illegal commodities; If the circumstances are especially serious, all commodities in the whole store shall be removed from the shelves within 7 days, and the store shall be screened;

 

If it is determined that the imported commodities are sold without customs declaration, 100 points shall be deducted each time, and the affiliated stores shall be closed.

 

 

2.3.2 Sale of imported commodities with abnormal customs declaration: refers to the imported commodities sold by merchants have the following abnormal situations in the customs declaration procedures in China: concealing or under-reporting of commodity taxes and fees, and the commodities in the positive list have not been declared for entry by bonded stocking or bonded direct mail. If the circumstances are minor, 25 points shall be deducted each time, and the store shall be fallen to counterpoise within 7 days; If the the circumstances are serious enough, 50 points shall be deducted each time, and the store shall be fallen to counterpoise within 14 days; For the violation with particularly serious circumstances, 100 points will be deducted each time.

 

 

2.4 Release of prohibited information: Refers to the behavior of merchants releasing commodities or information that constitute a serious violation as to the Management Regulations for Prohibited Commodities and Information on the JD.HK Open Platform, and it shall be handled in accordance with the Management Regulations for Prohibited Commodities and Information on the JD.HK Open Platform.

 

 

2.5 Commodity quality qualified: Refers to the circumstances where the commodity quality of any merchant on JD.HK Open Platform fail to meet the relevant management requirements of the country of origin and the platform, including but not limited to random inspections by the national supervision department, random inspections by JD.HK, consumer complaints. Commodities with quality identified as qualified shall be removed from the shelves. Meanwhile, according to the severity of the circumstances, if the circumstances are minor, 6 points shall be deducted each time for general violations. If the circumstances are generally serious, 12 points will be deducted each time for general violations. If the circumstances are serious enough, 25 points shall be deducted each time. If the circumstances are particularly serious, 100 points shall be deducted each time.

 

 

2.6 Release of non-contracted commodities: refers to the commodities that are not allowed by the JD International Open Platform to be released or sold by merchants through the JD.HK Open Platform. If the violation occurs with minor circumstances, 12 points will be deducted each time under the general violation, and the following treatment will be carried out: reducing the right of the store for 7 days, deleting illegal commodities, restricting the creation of commodities and prohibiting the sale of commodities on shelves within 7 days. For the violation with serious circumstances, 25 points will be deducted each time under the serious l violation, and the following treatment will be carried out: reducing the right of the store for 7 days, deleting illegal commodities, restricting the creation of commodities and prohibiting the sale of commodities on shelves within 14 days. For the violation with particularly serious circumstances, 100 points will be deducted each time. This includes, but is not limited to the following specific circumstances:

 

2.6.1 Commodities with brands not allowed by the platform;

 

2.6.2 The qualification of the merchant does not have the right to operate the commodity, and the merchant releases the commodity beyond the scope of operation.

 

(Detailed Rules)

 

 

2.7 Non-cooperative submission of materials: Any behavior that fail to provide relevant qualifications or evidence and other relevant content in accordance with the relevant regulations of the JD.HK Platform or the investigation requirements of the administrative agency.

 

2.7.1 Merchants provide false materials or information to JD.HK, such as providing forged or altered trademarks, patent certificates or other qualification documents, providing false materials in the reporting and appeal links, to mislead JD.HK reviewers. If the materials are involved with trademarks and store business qualifications and other aspects, and the circumstances are minor, 12 points shall be deducted each time, and the store shall be fallen to counterpoise  within 3 days; If the the circumstances are serious enough, 50 points shall be deducted each time, and the store shall be fallen to counterpoise within 14 days; For the violation with particularly serious circumstances, 100 points will be deducted each time.

 

2.7.2 For non-cooperative submission of materials, if the merchant does not cooperate with the submission of qualification materials that comply with the rules of the JD.HK Open Platform and the circumstances are minor, 6 points shall be deducted each time; If the the circumstances are serious enough, 25 points shall be deducted each time, and the store shall be fallen to counterpoise within 7 days;. Depending on the severity of the circumstances, JD.HK shall have the right to freeze all funds of the store on JD.HK.

 

This includes, but is not limited to the following circumstances:

 

2.7.2.1 If the latest qualifications that meet the requirements of the JD.HK Open Platform fail to be updated and submitted within the period required by the JD International Open Platform.

 

2.7.2.2 If an investigation by an administrative agency or a legal proceeding is triggered by any behavior of a merchant, if  the merchant provides any invalid contact information, or is negligent in handling, negatively responding, or refusing to cooperate in submitting relevant information or has any other circumstances.

 

2.7.3 If a merchant fails to submit commodity information that meets the requirements of the JD.HK Open Platform in JD and other systems in accordance with the requirements of the JD.HK Open Platform, including but not limited to the commodity identification and logo information (such as commodity name, manufacturer name, factory address, commodity quality inspection certificate, production date and safe period for use, etc.).

 

If the violation occurs, warning shall be given for the first violation, and the illegal commodities will be removed from the shelves; Warning shall be given when the violations made less than five times, removing illegal commodities from the shelves, restriction on creating new commodities and prohibiting the listing of commodities for sale shall be implemented within 3 days; Warning shall be given when the violations made for five times and above, removing illegal commodities from the shelves, restriction on creating new commodities and prohibiting the listing of commodities for sale shall be implemented within 7 days, the store shall be fallen to counterpoise for 3 days, and 4 points will be deducted as the general violations; In addition to the above circumstances, the JD.HK Open Platform shall have the right to take one or more control measures against related stores based on violations.

 

 

2.8 Sham transactions: refers to the behavior that merchants obtain sham commodity sales, store ratings, commodity reviews, or turnover by unjust means, leading to harm and interfere with consumers' shopping rights and interests. This unjust means mainly includes but is not limited to the following forms: self-buying and self-rating, third-party speculation, empty boxes, etc. If the merchant has sham transactions, the JD.HK Open Platform shall have the right to correct the violations of the merchant. For details, see the table below:

 

 

 

Violations for sham transactions

 

Correction to violations

 

Deduction

 

The first time

 

The sales volume, evaluation of illegal commodities are deleted

 

Illegal commodities are fallen to counterpoise for 14 days.

 

25 points are deducted for serious violations

 

If the circumstances are serious enough, illegal commodities shall be fallen to counterpoise for 21 days..

 

Twice

 

Illegal commodities are fallen to counterpoise for 21 days.

 

If the circumstances are serious enough, the illegal commodities shall be fallen to counterpoise for 28 days..

 

The third time

 

Illegal commodities are fallen to counterpoise for 28 days.

 

If the circumstances are serious enough, the store shall be fallen to counterpoise for 7 days, and illegal commodities shall be fallen to counterpoise for 30 days.

 

The fourth time

 

The store is fallen to counterpoise for 14 days, and illegal commodities are fallen to counterpoise for 30 days.

 

If the circumstances are serious enough, the store shall be fallen to counterpoise for 21 days, and illegal commodities shall be fallen to counterpoise for 30 days.

 

If the merchant has any of the following circumstances:

 

The sales volume, evaluation of illegal commodities are deleted

 

The store is fallen to counterpoise for 21 days, and illegal commodities are fallen to counterpoise for 30 days. If there are arbitrage in securities or interest arbitrage, JD.HK shall have the right to recover, and the merchant must return the funds involved in arbitrage.

 

50 points are deducted for serious violations

 

1. Merchants having large-scale sham transactions in a short period of time are considered as serious enough regardless of the number of times and the number of transactions;

 

2. Sham transaction services, assistance and convenience are provided to others, two and The above merchants cooperate to complete false transactions;

 

3. There are special circumstances such as wicked situation, intensive behavior, serious consequences, and malicious evasion of supervision;

 

4. There are sham transactions with arbitrage in securities or interest arbitrage

 

The proportion of sham transactions by merchants is too high .


 

JD.HK shall have the right to close the store

 

100 points are deducted for serious violations

 

Notes:

 

① JD.HK Open Platform shall have the right to process any information involved with sham transactions without notifying the merchant, including but not limited to deleting comments, screening comments, deleting store ratings, and sham transaction data in the evaluation Indexes for service goods on the JD.HK Open Platform;

 

② Against violating merchants during the big promotion period, JD.HK Open Platform shall have the right to restrict merchants with serious sham transactions from participating in the marketing events officially launched by JD.HK Open Platform;


③The judgement of sham transactions is subject to the statistics of the JD.HK System.

 

 

2.9 Improper profit-making: refers to the behavior of merchants making profits by unjust means, including but not limited to the following situations:

 

2.9.1 If the merchant or merchant staff directly or indirectly give gifts, items, negotiable securities to JD.HK employees and affiliates or adopt other disguised means to provide illegitimate benefits, including but not limited to cash, checks, credit card gifts, samples or other commodities, entertainment coupons, membership cards, currency or rebates, commissions in the form of goods, employment or estates, travel and other personal services paid by merchants. 100 points shall be deducted each time regardless of whether merchant gain profit.

 

2.9.2 100 points shall be deducted each time if the merchant provides any form of loan to JD.HK employees and their affiliates.

 

2.9.3 25 points shall be deducted each time if the merchant clearly expresses the intention to make unfair profit to JD.HK employees and their affiliatesor has begun to have improper profit-making behavior, but fails to succeed due to reasons other than the will of the merchant, constituting an attempt to make unfair profit. .

 

2.9.4 100 points shall be deducted each time if the shareholders, directors, supervisors, executives and staff of the merchant are JD.HK employees;

 

2.9.5 50 points shall be deducted each time if the shareholders, directors, supervisors, senior management and staff of the merchant are affiliates of any JD.HK employee and the JD.HK employee has not truthfully declared or filed with JD.HK in advance, ; 100 points shall be deducted each time if there is profit-making behavior taking advantage of the convenience of the JD.HK employee's position, .

 

JD.HK shall have the right not to provide or accept any commodities or services provided by it, if the merchant has the above-mentioned improper profit-making behavior, regardless of whether it gains profit. In addition to the above circumstances, the JD.HK Open Platform shall have the right to take one or more control measures against related stores based on violations.

 

 

2.10 Misappropriating any other person's account: Refers to the misappropriation of any other person's account on the JD.HK website by the merchant, which is suspected of infringing other person's relevant information and property rights, with 100 points deducted each time. Meanwhile JD.HK shall have right to take one or more control measures against related stores.

 

 

2.11 Defrauding other people's property: Refers to the behavior of the merchant obtaining other people's property by unjust means with a goal of making profit in the form ofviolating the rules of the platform and as agreed in the agreement, which is suspected of infringing on the property rights of others. If the the circumstances are serious enough, 50 points shall be deducted each time, and the store shall be fallen to counterpoise within 14 days; If the circumstance is particularly serious, 100 points shall be deducted each time. Meanwhile, JD.HK shall have the right to recover/stop the rebate or subsidy for the violating merchant, freeze all the funds in JD.HK, and remove the illegal commodities from the shelves according to the severity of the circumstance, restriction of the merchant to log in to the background, restriction of releasing commodities, prohibition of listing of commodities for sale, and creation of new stores, etc. In addition to the above circumstances, the JD.HK Open Platform shall have the right to take one or more control measures against related stores based on violations.

 

 

2.12 Disclosure of other people's information: refers to the behavior of the merchant releasing, leaking, or spreading the personal information of others without permission, which is suspected of infringing on the privacy or personal rights of others. If the circumstances are minor, 12 points shall be deducted each time, and the store shall be fallen to counterpoise within 3 days; If the the circumstances are serious enough, 50 points shall be deducted each time, and the store shall be fallen to counterpoise within 14 days; For the violation with particularly serious circumstances, 100 points will be deducted each time. In addition to the above circumstances, the JD.HK Open Platform shall have the right to take one or more control measures against related stores based on violations.

 

 

2.13 Harassment of others: refers to the behavior of the merchant interfere with the legitimate rights and interests of others by slandering, harassing, stalking, defaming, abusing others, or using any words that arouse dissatisfaction with others. This includes, but is not limited to the following circumstances:

 

2.13.1 If the merchant uses any form of personal attacks, insults and other uncivilized language in the communication process or in the evaluation and supplementary responses.

 

2.13.2 If the merchant harasses, abuses, intimidates staff, and spreads malicious attacks on the platform in their daily operations.

 

2.13.3 If JD.HK staff, informer and consumers are threatened or intimidated whistleblowers and consumers for sham transactions of the merchant.

 

If the violation occurs and the circumstances are particularly minor, a warning will be given; 12 points shall be deducted each time if the circumstances are minor; 25 points shall be deducted each time if the circumstances are serious enough; For the violation with particularly serious circumstances, 100 points will be deducted each time.

 

 

2.14 Disrupting the order of the platform: refers to the behavior of the merchant disrupting the business order by deliberately circumventing the rules of JD.HK Open Platform or market management measures by unjust means or the behavior of obtaining and using the official resources of JD.HK Open Platform in an improper way. 12 points shall be deducted each time if the circumstances are especially minor; If the circumstances are minor, 25 points shall be deducted each time, and the store shall be fallen to counterpoise within 7 days; If the the circumstances are serious enough, 50 points shall be deducted each time, and the store shall be fallen to counterpoise within 14 days; For the violation with particularly serious circumstances, 100 points will be deducted each time. In addition to the above situations, JD.HK shall take market control measures (including but not limited to screening stores, removing illegal commodities from shelves, limiting the release of commodities, publicizing warnings, closing stores, etc.) against the merchants suspected of violations. This includes, but is not limited to the following circumstances:

 

2.14.1 If the merchant registers many JD.HK website accounts through software, programs, etc.; Or the merchant abuses the rights of members to damage the legitimate rights and interests of others, and disrupt the order of operation of the JD.HK Open Platform through registered JD.HK accounts;

 

2.14.2 If the brand image of JD.HK and the image of any other merchants, brands or commodities on JD.HK Open Platform are defamed.

 

2.14.3 If reactionary, violent, pornographic and other illegal information are disseminated through 400 hotline or forum postings, or used for abnormal trading purposes, such as pyramid selling events.

 

2.14.4 If the content posted or pushed by the merchant causes consumers to mistakenly believe that it is the official behavior of JD.HK.

 

2.14.5 If any trade secrets and undisclosed information of JD.HK, including but not limited to decisions, plans, technologies and data related to JD.HK acquired by merchants in the contract signing and cooperation process between merchants and JD.HK, are leaked;

 

2.14.6 If JD.HK Merchant Background (also known as: Merchant Background), Dongdong and 400 hotline systems are damaged or destroyed in any way, making them impossible to operate, work under overload or interfering with other users, or any accounts, computer systems and networks associated with JD.HK Merchant Background Dongdong and 400 hotline systems are accessed without authorization.

 

2.14.7 If the merchant cancels the order by unjust means without the consent of the consumer or by pretending to be the consumer after the consumer has successfully placed the commodity order.

 

 

2.15 Unfulfilled review obligations: the merchant shall require consumers to provide relevant qualifications, certification materials and conduct verification in accordance with laws and regulations when consumers purchase, make reservations or place orders for special types of commodities or services with specific requirements in laws and regulations; JD.HK platform shall not be used to sell commodities or provide services to consumers in violation of regulations. 12 points shall be deducted each time if the violation occurs and the circumstances are minor; 25 points shall be deducted each time if the circumstances are serious enough;

 

 

2.16 Stores with no commodity supply: Refers to the stores with their merchants having the behaviors of copying commodities in other stores in bulk by unjust means during the operations, and purchasing commodities in other stores to complete order transactions in their own stores, which lead to the consequences of seriously interfering with the normal operation of the market, such as repeated distribution, disorderly listing of categories, the release of non-contracted commodities, and substandard after-sales services, thereby affecting consumers' shopping experience.

 

If the above violations occur, and if the circumstances are minor, 25 points shall be deducted each time, removing all commodities of the store from the shelves for 7 days, restriction on creating commodities and the prohibiting the listing of the commodities for sale shall be implemented, and the batch operations through the interface shall be permanently restricted. The number of releases for commodities on sale has dropped to 500 SPUs; If the the circumstances are serious enough, 50 points shall be deducted each time, and the store shall be screened; For the violation with particularly serious circumstances, 100 points will be deducted each time.

 

 

Chapter III Management Regulations for General Violations of Merchants

General violations refer to violations other than serious violations.

 


3.1 Information spamming: The merchant fails to comply with Credit Management Rules for Merchant of JD.HK Open Platform and the requirements of other management content issued by JD.HK Open Platform (including but not limited to rules and specifications, announcements at the merchant's background, help center, national/industrial standards, Dongdong, etc.), and releases commodities or information which infringe the rights and interests of consumers. (Detailed Rules) include the following circumstances:

 

3.1.1 Repeated distribution: refers to the behavior of releasing two or more commodities of the same kind in the same store or multiple stores; Market management measures such as warnings, removing illegal commodities from shelves, removing all commodities in the store from shelves, and screening the store, shall be taken based on the severity of circumstances if the violation occurs.

 

3.1.1.1 Repeated distribution in the same store: refers to the simultaneous release of two or more commodities of the same kind in the store,

 

Warning shall be given if the violation of is particularly minor; One with the highest quality score of the commodities in the same kind shall be retained, with other commodities in the same kind removed; If the circumstances are minor, 2 points shall be deducted each time, one with the highest quality score of the commodities in the same kind shall be retained, with other commodities in the same kind removed, and batch operations of the commodities through the interface shall be restricted within 7 days; If the circumstances are serious enough, 8 points shall be deducted each time, one with the highest quality score of the commodities in the same kind shall be retained, with other commodities in the same kind removed, the restrictions on creation of commodities and the prohibition of listing goods for sale, and the illegal commodities fallen to counterpoise shall be implemented within 7 days; If the circumstances are serious enough, 18 points shall be deducted each time for serious violation, one with the highest quality score of the commodities in the same kind shall be retained, with other commodities in the same kind removed, the batch operation of the commodities through the interface shall be restricted within 3 months, the restrictions on creation of commodities and the prohibition of listing goods for sale, the store fallen to counterpoise and restrictions on reporting marketing events shall be implemented within 7 days; If the circumstances are especially serious, 18 points shall be deducted each time for serious violation, one with the highest quality score of the commodities in the same kind shall be retained, with other commodities in the same kind removed, the batch operation of the commodities through the interface shall be restricted permanently, removing all commodities in the store from shelves, restriction on creating the commodities and screening the store shall be implemented within 7 days.

 

3.1.1.2 Repeated distribution in the same store: refers to the simultaneous release of two or more commodities of the same kind in the store, warning shall be given if the violation of is minor; One with the highest quality score of the commodities in the same kind shall be retained, with other commodities in the same kind removed; If the circumstances are serious, 6 points shall be deducted each time for the violating store, one with the highest quality score of the commodities in the same kind shall be retained, with other commodities in the same kind removed, and batch operations of the commodities through the interface shall be restricted within 7 days; If the circumstances are particularly serious, one of the stores shall be retained, other related stores shall be closed, and the reserved stores shall be deducted 12 points each time, and the batch operation of commodities through the interface shall be restricted within 3 months.

 

3.1.2 Improper release of commodity information: If the commodities or information are released by the following unjust means, if the violation occurs, JD.HK Open Platform shall take the market management measures for control according to the severity of the situation, such asremoving the illegal commodities from the shelves, removing the commodities in the store from the shelves, and screening the store. This includes, but is not limited to the following circumstances:

 

3.1.2.1 Non-compliance of commodity release: refers to the lack of key information such as the title and real pictures of the commodity in the released commodity information, or the commodity information is not released in the form specified in the Specification for Information Release of Commodities on JD.HK Open Platform. Released text, pictures, and video content fail to comply with the relevant provisions of relevant laws and regulations;

 

3.1.2.2 Consistency in commodity page expressions: refers to the obvious difference between commodity titles, pictures, logistics methods, prices, shipping expenses, and after-sales service and other commodity elements, untrue commodity title and other information or irrelevance to the commodity;

 

3.1.2.3 Misuse or abuse of keywords or words: refers to the wrong or repeated keywords/words used in the released commodity or information (including commodity advertisements), leading to troubles of consumer shopping, but not involved with false advertising or inconsistent description;

 

3.1.2.4 Random binding of SKU: refers to the release of commodities by deliberately circumventing the rules set by the commodity SPU.

 

If above violation occur and if the circumstances are minor, 2 points shall be deducted each time, and the illegal commodities shall be fallen to counterpoise within 3 days;

 

If the circumstances are serious enough, 4 points shall be deducted each time, and the illegal commodities shall be removed from the shelves; If the circumstances are especially serious, 8 points shall be deducted each time, and the illegal commodities shall be removed from the shelves; removing illegal commodities from the shelves, restriction on creating new commodities and prohibiting the listing of commodities for sale shall be implemented within 7 days.

 

3.1.2.6 Commodity replacement: refers to turning it into another commodity by editing key attributes such as commodity category, brand, and model.

 

If the violation specified in 3.1.2.6 occur, in addition to removing the illegal commodities from the shelves, if the circumstances are minor, 2 points shall be deducted each time;

 

4 points shall be deducted if the circumstances are serious enough; If the circumstances are especially serious, 8 points shall be deducted each time, removing illegal commodities from the shelves, restriction on creating new commodities and prohibiting the listing of commodities for sale shall be implemented within 7 days.

 

3.1.2.5 Disorderly listing of categories (misplaced categories): refers to the inconsistency in attribution of the released commodities and the actual categories of the commodities;

 

If the violation specified in 3.1.2.5 occur, in addition to removing the illegal commodities from the shelves, if the circumstances are minor, 2 points shall be deducted each time; 4 points shall be deducted if the circumstances are serious enough; and the batch operations of commodities through the interface shall be restricted within three months; If the circumstances are especially serious, 8 points shall be deducted each time, batch operations of commodities through the interface shall be restricted permanently, andremoving illegal commodities from the shelves, restriction on creating new commodities and prohibiting the listing of commodities for sale shall be implemented within 7 days.

 

3.1.3 Commodity price violations: The release of commodity prices violates the Specification for Commodity Price of JD.HK Open Platform, such as the release of commodities in unconventional units, high shipping costs and other price violations.

 

If the above violations occur and the circumstances are particularly minor, warning will be given;

 

If the circumstances are minor, 2 points shall be deducted each time, and removing illegal commodities from the shelves and screening the illegal commodities within 3 days shall be implemented;

 

If the circumstances are serious enough, 4 points shall be deducted each time, and the illegal commodities shall be removed from the shelves; restriction on creating new commodities, prohibiting the listing of commodities for sale and screening the illegal commodities shall be implemented within 3 days.

 

If the circumstances are especially serious, 8 points shall be deducted each time, removing illegal commodities from the shelves, restriction on creating new commodities and prohibiting the listing of commodities for sale shall be implemented within 7 days.

 

 

3.1.4 Release of improper marketing information: Refers to the behavior that appears on the store page, commodity detail page, event page, etc., or uses the form of Dongdong, SMS, or parcel delivery to push false event information or induce "praise"; JD.HK Open Platform shall take market management measures such as warnings, deductions, removing illegal commodities from shelves, and the store fallen to counterpoise based on the severity of circumstances if the violation occurs.


3.1.4.1 Use of completed event information: refers to the event information in the store or commodity that the merchant fails to to adjust in time after the end of the platform event in which the merchant participated.

 

If the violation occurs and the circumstances are minor, warning will be given; If the circumstances are serious enough, illegal commodities shall be removed from shelves.

 

3.1.4.2 Inducing praise: Refers to marketing content that encourages and guides consumers to "praise" based on material or monetary commitments, including but not limited to: cashback given on five-star rating, cashback given on praise, consumption free of charge given on praise, red envelopes given on praise, and discount coupon given on praise.

 

If the violation occurs and the circumstances are minor, warning will be given;

 

If the circumstances are minor, illegal commodities shall be removed from the shelves, and the illegal commodities shall be fallen to counterpoise within 3 days;

 

If the the circumstances are especially serious, 2 points shall be deducted each time, illegal commodities shall be removed from the shelves, and the store shall be fallen to counterpoise within 3 days.

 

3.1.5 Improper release of information: refers to the release and push of third-party information or advertising information, and the use of Dongdong fpr group sendingrepeated or unsolicited merchant store news, commodity or service news and other advertisement messages; Market management measures such as warnings, deductions, removing illegal commodities from shelves, and screening the store shall be taken based on the severity of circumstances if the violation occurs.

 

3.1.5.1 Release or push of third-party information: In order to avoid causing harassment to consumers, merchants are prohibited from releasing third-party information on JD.HK pages or pushing third-party information through SMS, Dongdong, etc. and physical package contains third-party information and promotional content to guide consumers to invest in platforms such as P2P or virtual transaction in assets. Third-party information includes non-JD.HK shopping links, non-Dongdong contact information, brick-and-mortar store information, bank account numbers and other payment methods, QR codes and other (non-JD.HK) platform logos and other information.

 

If the violation occurs and if the circumstances are minor, warning shall be given, and the illegal commodities shall be removed from the shelves. For serious circumstances, for example, someone who issues information of the third party via above channel shall be deducted by 6 points, and the illegal commodity shall be taken down from the shelf; For particularly serious circumstances, for example, someone who guides the consumer to conduct a transaction outside JD.HK Open Platform shall be regarded as serious violation and deducted by 25 points each time, and the illegal commodity shall be deleted.

 

3.1.5.2 Release product advertising information arbitrarily: those who publish commodity advertising information in the area of commodity comment and reply and on the forum (release of product information for solving user problems shall not be regarded as violation), and group send repeated or unsolicited message on merchant shops, commodities and services and other advertising message on Dongdong. In case of such violations, a warning shall be given and relevant advertising information shall be deleted.

 

3.1.6 False promotion: The information released by the merchant includes false information which cheats or misleads consumer behavior. The specific situation shall be subject to the relevant laws and regulations; it includes but is not limited to the following aspects: express or imply false information which is inconsistent with the actual content of commodity by means of text or picture, so as to cause the consumer to misunderstand the quality, composition, property, purpose, manufacturer, period of validity and place of production of such commodity. Points shall be deducted based on the seriousness of the case. JD.HK Open Platform has the right to implement market supervision measures according to the seriousness of the case, such as shop shielding, shop closing and restriction on the release of commodities, and reserves the right to report such case to the law enforcement agency in Hong Kong.

 

For such violation, the case is very slight for the first time, 5 points shall be deducted and the illegal commodity shall be taken down from the shelf;

 

The case is slight for the second time, 12 points shall be deducted and the illegal commodity shall be taken down from the shelf;

 

The case is serious for the third time and above, 25 points shall be deducted each time and the illegal commodity shall be deleted;

 

For particularly serious circumstance, for example, such violation causes the government regulatory agency to provide administrative proposal or implement control, or those who refuse to cooperate with JD platform to make rectification, it shall be regarded as a serious violation, 25 points shall be deducted each time and the illegal commodity shall be deleted; For extremely serious circumstance, it shall be regarded as a serious violation and 100 points shall be deducted each time.

 

 

3.2 Inconsistent description: The product received by the consumer is inconsistent with the description of commodity provided by the merchant when transaction is concluded, the merchant fails to describe necessary information of the commodity, such as defect, guarantee period and attached product, which infringes the consumer's rights and interests. The merchant fails to describe the commodity defect or the commodity description is inconsistent with the commodity received by the consumer, which does not cause substantial impact on the normal use of product by the consumer, 6 points shall be deducted each time and the illegal product shall be taken down from the shelf; if such violation has an impact on the normal use of commodity by the consumer, 12 points shall be deducted each time and the illegal commodity shall be taken down from the shelf.

 

3.3 Improper use of other people's rights: It includes improper use of other people's trademark right except sale of fake commodities, improper use of other people's copyright except sale of pirated commodities and improper use of other people's patent right. Including but not limited to:

 

3.3.1 Sale and release copycat commodities or information: the information of commodity sold or released by the merchant or other information used by the merchant is the same as or similar to the commodity name, packaging, decoration, name of enterprise or social organization, domain name subject or website name of other people which has a certain influence, which is enough to lead the consumer to confuse or mistake it.

 

3.3.2 Other behaviors concerning improper use of other people's right.

 

For the merchant who violates such regulations, JD.HK Open Platform shall treat the violator based on the seriousness of case. For particularly slight case, a warning shall be given and the illegal commodity shall be taken down from the shelf; For slight case, 8 points shall be deducted each time and the illegal commodity shall be deleted; For serious case, it shall be regarded as a serious violation and 25 points shall be deducted each time, the illegal commodity shall be deleted, the shop privilege shall be degraded for 7 days, and the use of brand involved shall be suspended. For particularly serious case or the case which causes bad impact, it shall be regarded as a serious violation and 100 points shall be deducted each time.

 

In addition, if the merchant has the above violations for more than once or the above violations cause complaint, the platform shall take market management measures based on the seriousness of violation, including but not limited to: warning, taking the commodity down from the shelf, deleting the link, restricting activity notice, restricting release of advertising and shop privilege degradation.

 


3.4 Violation of commitment: The merchant fails to perform the contract according to the commitment or the rules for JD.HK Open Platform, and infringe other people's rights and interests. This includes, but is not limited to the following circumstances:

 

3.4.1 The merchant violates the requirements for guarantee of consumer's rights and interests specified in the service agreement of JD.HK Open Platform.

 

3.4.2 The merchant fails to perform other commitment in the aspect of transaction and order placement or corresponding commodity or service in special circumstances, including but not limited to the following circumstances:

 

3.4.2.1 The consumer makes a complaint against the merchant for issuing false invoice or failing to provide invoice according to the order information or commitment;

 

3.4.2.2 Compared with the details of commodity in the order upon conclusion of transaction, the commodity received by the merchant lacks gift or commodity, and when the staff from JD gets involved to deal with such problem, the merchant fails to supplement commodity for the consumer;

 

3.4.2.3 Compared with the details of commodity in the order upon conclusion of transaction, the commodity received by the merchant lacks gift or commodity, and when the staff from JD gets involved to deal with such problem, the merchant has supplemented commodity for the consumer;

 

3.4.2.4 In case of non-subjective malice, the commodity sent by the merchant to the consumer is inconsistent with the commodity in the order upon conclusion of transaction;

 

3.4.2.5 In case there is no other agreement between both parties, the merchant refuses to conduct transaction or perform the duty to deliver commodity at the price agreed when the consumer purchases such commodity;

 

3.4.2.6 During the conclusion of transaction, the merchant makes a commitment to bear the freight for delivering commodity or changing or returning commodity, but fails to fulfill such commitment; or the consumer returns commodity due to quality problem and the merchant refuses to bear the freight for returning commodity;

 

3.4.2.7 The information mark of commodity property, specification and price is incorrect, which leads the merchant to fail to fulfill the commitment and deliver the commodity (in addition to point deduction, the merchant shall comply with Handling Rules for Incorrect Marks on JD.HK Open Platform), and the merchant fails to handle with such problem within specified time or improper handling causes a large number of consumer complaints. The merchant whose points have been deducted shall handle with the consumer complaints according to relevant requirements.

 

3.4.3 The merchant organizes lottery in the live streaming studio or via other channels in order to attract users, but the merchant does not release the winning results or awarding method, which causes consumer complaints.

 

3.4.4 If the regulation in other management content (including but not limited to rules, specifications, etc.) released by the official department of JD.HK Open Platform on above behavior accords with particular cases, such regulation shall prevail; In addition to the behaviors listed above, if the regulation in other management content released by the official department of JD.HK Open Platform regards such behavior as a violation of commitment, such regulation shall prevail.

 

For the merchant who infringes such regulation, JD.HK Open Platform shall treat the violator based on the seriousness of case. In addition to the corresponding treatment, the merchant shall still fulfill his/her commitment.

 

For violations listed in Section 3.4.2.3 and Section 3.4.2.4, JD.HK Open Platform shall take the following measures for treatment based on the seriousness of case: for a slight case, a warning shall be given; for a serious case, 1 point shall be deducted for each order and the total points deducted within one week shall not exceed 7 points.

 

for violations listed in Section 3.4.2.7, the commodity shall be taken down from the shelf. In addition, the following treatment measures shall also be taken:

 

for a slight case, a warning shall be given; for a serious case, 8 points shall be deducted each time; for a particularly serious case, it shall be regarded as a serious violation and 8 points shall be deducted each time.


for an extremely serious case, it shall be regarded as a serious violation and a disturbance in the platform order.

 

Besides, based on the seriousness of above violations, JD.HK Open Platform has the right to freeze all the funds of the merchant on JD.HK Open Platform.

 

Except for Section 3.4.2.3, Section 3.4.2.4 and Section 3.4.2.7, other violations shall be handled according to the following standards: for a slight case, a warning shall be given; for a serious case, 8 points shall be deducted each time;

 

3.5 Rules for the use of Dongdong or 400 hotline: The merchant violates the rules for the use and management of Dongdong or 400 hotline value-added services.

 

3.5.1 In case the average time of shop response to the consumer does not meet the standard, the merchant's violation shall be handled in the following way:

 

Amount of consultation

 

Average response time

 

Violation credit

 

300＜ monthly amount of consultation ≤1000

 

＞45s

 

If the merchant does not meet the standard for the first time, a warning shall be given; If the merchant does not meet the standard for 2 times or above, 2 points shall be deducted for each time.

 

Monthly amount of consultation ＞ 1000

 

＞45s

 

2 points shall be deducted

 

3.5.2 If the monthly index of Dongdong satisfaction does not meet the standard, the merchant's violation shall be handled in the following way:

 

Monthly amount of comments

 

Customer satisfaction

 

Violation credit

 

10＜ monthly amount of comments ≤30

 

＜80%

 

If the merchant does not meet the standard for the first time, a warning shall be given; If the merchant does not meet the standard for 2 times or above, 2 points shall be deducted for each time.

 

Monthly amount of comments ＞ 30

 

＜80%

 

2 points shall be deducted

 

3.5.3 The monthly index of response rate of shop Dongdong does not meet the standard: according to the Rules for the Use and Management of Dongdong Service, if the merchant does not meet the standard:

 

Amount of consultation

 

Response rate

 

Violation credit

 

300< monthly amount of consultation ≤600

 

Response rate <70%

 

2 points shall be deducted

 

Monthly amount of consultation >600

 

60%≤ Response rate <70%

 

2 points shall be deducted

 

Response rate <60%

 

4 points shall be deducted

 

3.5.4 Except in special circumstances, the merchant is not allowed to add the consumer's account to the blacklist. If the merchant fails to comply with the rules for the use of Dongdong and adds the consumer's account to the blacklist, 5 points shall be deducted each time;

 

3.5.5 During the working hours, for the merchant or other customer service team (or personnel), the monthly call completion rate of 400 hotline <80% (monthly call completion rate = number of monthly call completion/number of monthly incoming calls) and the number of monthly incoming calls ≥10 calls, 2 points shall be deducted each time.

 

3.6 Delay of delivery: The merchant fails to deliver the commodity to the consumer within specified time and causes damage to the consumer's rights and interests (except for the commodity involved in incorrect marking); This agreement does not apply to commodity that cannot be shipped or delayed due to order system failure, national holidays, and force majeure, etc., commodity delayed for shipment due to objective reasons such as international logistics cycle and customs clearance, and commodity for which the buyer and seller have otherwise agreed on the shipping time). In addition to this, any of the following cases shall be regarded as delay of delivery by the merchant (the order time refers to the time recorded in JD.HK system when the consumer successfully pays for the commodity): (detailed rules)

 

3.6.1 If the merchant does not upload the express waybill number of the commodity ordered by a consumer to the JD.HK system within 48 hours after the successful placement of the order (subject to the time recorded in the JD.HK system).

 

3.6.2 Within 72 hours after the successful placement of the order, the consumer cannot check the tracking information from the courier company for the package (subject to the time recorded in the system of the courier company).

 

3.6.3 For commodity with a separately agreed shipping time, such as customized, pre-sale and other special circumstances, the merchant shall calculate the shipping time from the last day of the promised shipment, and if the commodity are not actually shipped within the time agreed upon in 3.2.1 and 3.2.2.

 

Merchants who violate this circumstance will be dealt with according to the delivery situation (timeliness rate of 72-hour package collected = volume of orders collected for delivery/volume of orders placed within 72 hours) as follows:

 

The shop's rate of timely collection of commodities within 72 hours in one week <95%, 1 point shall be deducted each time and no more than 1 point shall be deducted within one week; For the commodity whose delivery is seriously delayed, the privilege shall be degraded for 7 days; At the same time, depending on the severity of the circumstances, JD has the right to postpone the settlement of the merchant's payment or freeze all of its payments in JD.

 

 

3.7 After-sales violation: In accordance with the national laws and regulations, After-sales Service Management Rules of JD.HK Open Platform and relevant platform rules, the merchant fails to provide corresponding after-sales service according to the after-sales commitment of commodity and after-sales service policy of JD.HK Open Platform, including but not limited to overtime after-sales service response and disqualified after-sales service satisfaction index;


3.7.1 Overtime after-sales service: If the merchant fails to response to and handle with the after-sales service application submitted by the consumer within the effective time specified in After-sales Service Management Rules of JD.HK Open Platform, 1 point shall be deducted each time (no more than 5 points within 30 days);

 

3.7.2 Disqualified after-sales service satisfaction index: In accordance with After-sales Service Management Rules of JD.HK Open Platform, if the merchant fails to meet the standard:

 

Number of comments on service order

 

Customer satisfaction

 

Violation credit

 

10＜ Number of comments on service order ≤20

 

Satisfaction ＜80%

 

2 points shall be deducted

 

Number of comments on service order >20

 

70%≤ Satisfaction ＜80%

 

2 points shall be deducted

 

60%≤ Satisfaction ＜70%

 

4 points shall be deducted

 

Satisfaction ＜60%

 

6 points shall be deducted

 

 

3.8 Handling of service order in a negative way: During the process of reviewing and handling service order, the merchant fails to verify and confirm the service order with the consumer, and handles with the service order in a negative way, such as rejecting or closing the consumer's service order in batches by himself/herself without reason. In case the merchant' above behaviors cause any complaint from the consumer or any dispute, JD shall get involved and take the following measures to handle with the merchant's violations:

 

Violations

 

Handle with service order in a negative way (week)

 

Violation credit

 

Minor

 

5＜ Number of service order handled in a negative way ≤10

 

2 points shall be deducted

 

Serious

 

10＜ Number of service order handled in a negative way ≤25

 

4 points shall be deducted

 

Particularly serious

 

Number of service order handled in a negative way >25

 

8 points shall be deducted

 

In case the above violation occurs to the merchant for four consecutive weeks, such violation shall be regarded as a particularly serious case and the merchant shall be punished from the fifth week.

 

Chapter IV Handling of Violation

 


Type of Violation on JD.HK Open Platform

 

Node of point deduction

 

Restriction on participating in marketing campaign

 

Degradation of shop privilege

 

Violation examination

 

Payment of liquidated damages

 

General violations

 

25 points

 

7 days

 

3 days

 

Take an examination

 

USD 1500

 

 

Type of Violation on JD.HK Open Platform

 

Node of point deduction

 

Restriction on applying for marketing campaign

 

Restriction on establishing commodity

 

Take down all commodities in the shop from shelves

 

Violation examination

 

Payment of liquidated damages

 

Serious violation

 

25 points

 

7 days

 

7 days

 

/

 

Take an examination

 

USD 3000

 

50 points

 

14 days

 

14 days

 

/

 

Take an examination

 

USD 6000

 

75 points

 

21 days

 

21 days

 

21 days

 

Take an examination

 

USD 9000

 

100 points

 

Has the right to dismiss the merchant

 

USD 12000 or the total amount of security deposit (whichever is higher)

 

Serious violation-sale of fake commodities

 

100 points

 

Dismiss

 

USD 150,000 or 10 times of the total cumulative sales revenue of the shop (whichever is higher)

 

 

Note: The violation examination means when the corresponding node of point deduction triggers, the merchant shall take an online examination. The examination coexists with the restricted conditions on other nodes, and the merchant shall take the examination until he/she passes the examination.

 

4.1 JD.HK Open Platform is an independent point management system. In case any violation occurs to the merchant, such violation shall be remedied and a certain point shall be deducted, and the merchant shall bear corresponding liquidated damages. In addition to dismissing the merchant due to the sale of fake commodities, the deducted points this year shall be reset to zero at 00:00 on January in the following year.

 

4.2 Violations are divided into serious violation and general violation based on the seriousness of the case, and the point deduction and accumulation shall be implemented respectively. However, only one punishment shall be given for one case and no repeated handling is involved.

 

4.3 For some unintentional violations, JD.HK will provide an opportunity for the merchant to take an examination for violation scenario. The merchant who passes the violation examination is exempt from some violation handling items.

 

4.4 JD.HK Open Platform shall take the following measures to handle with the serious violation caused by the merchant:

 

4.4.1 If the cumulative deducted points for serious violations reach 25 points, the merchant shall be restricted to apply for marketing campaign for 7 days and restricted to establish commodities for 7 days, and shall pay USD 3000 to JD.HK as liquidated damages;

 

4.4.2 If the cumulative deducted points for serious violations reach 50 points, the merchant shall be restricted to apply for marketing campaign for 14 days and restricted to establish commodities for 14 days, and shall pay USD 6000 to JD.HK as liquidated damages;

 

4.4.3 If the cumulative deducted points for serious violations reach 75 points, the merchant shall be restricted to apply for marketing campaign for 21 days, restricted to establish commodities for 21 days and all commodities in the shop shall be taken down from the shelves for 21 days, and the merchant shall pay USD 9000 to JD.HK as liquidated damages;

 

4.4.4 If the cumulative deducted points for serious violations reach 100 points, JD.HK Open Platform has the right to dismiss the merchant; The unexpired expenses for platform licensing of relevant shop paid by the merchant shall not be returned, and the merchant shall pay USD 12,000 or the total amount of security deposit (whichever is higher) to JD.HK (for sale of fake commodities, the special agreement shall prevail). If the merchant sells fake commodities, the merchant shall pay USD 150,000 or 10 times the total cumulative sales revenue of the shop (whichever is higher) to JD.HK as liquidated damages. If above-mentioned liquidated damages are insufficient to compensate for the losses of JD.HK, the merchant shall still pay compensation.

 

4.5 JD.HK Open Platform shall take the following measures to handle with the generalviolation caused by the merchant:

 

For every 25 points deducted due to the merchant's general violations, the merchant shall be restricted to apply for the marketing campaign on JD.HK Open Platform for 7 days and the shop privilege shall be degraded for 3 days, and the merchant shall pay USD 1500 to JD.HK as liquidated damages.

 

4.6 If the deducted point for a single violation is high, which causes the cumulative deducted points of the merchant meet the condition for multiple nodes, or the handling of similar node shall be implemented during the handling period, it shall be handled according to the node with the highest weight.

 

4.7 JD.HK Open Platform is entitled to handle with the merchant's violations according to the platform rules and requires the merchant to bear the liability for breach of contract. In addition to the measures for handling with violations corresponding to the above rules, if JD.HK Open Platform considers the merchant's violation is very serious or has caused significant impact, JD.HK Open Platform may take necessary market management measures for the merchant as the case may be.

 

 

Chapter V Supplementary Provisions

5.1 Any conduct of the merchant of JD.HK Open Platform, which happened before the effective date of the Management Rules, shall be subject to the rules effective at that time. Any such conduct arising after the effective date of the Management Rules, the Rules shall govern.

 

5.2 JD.HK Open Platform may adjust the Management Rules from time to time according to the platform operation situation and publish such adjustment to the merchants in the form of announcement on JD.HK Open Platform. By settling on JD.HK Open Platform, the merchants acknowledge that they accept the Management Rules that will be adjusted and issued from time to time.

 

5.3 The merchant shall comply with national laws, administrative regulations, rules of authorities and other normative documents. The Rules shall be applicable to any alleged breach of national laws, administrative regulations, rules of authorities and normative documents, if such breach is stipulated therein. Any matter left unmentioned in the Rules shall be handled by JD.HK Open Platform at its discretion. But JD.HK Open Platform's handling of the merchants does not exempt them from the legal liability they should bear. Any conduct of the merchants on JD.HK Open Platform shall also be subject to the agreements signed with JD.HK and its affiliates; Any default shall be deemed as a breach of the Rules.

 

5.4 The Rules were revised on August 31, 2020 and shall take effect from September 7, 2020.

 

 

Welcome every merchant to give suggestion to the platform rules. You can send an email to jdw-qingting@jd.com. Thank you for your support and attention to JD.HK Open Platform.