Commodity Quality Sampling Inspection Management Standard of JD.HK Open Platform
Chapter I Overview
1.1 Purposes and principles
In order to protect the legitimate rights and interests of consumers in mainland China and maintain the normal business order of JD.HK, this Standard is formulated according to different circumstances of sampling inspection on commodity quality. JD.HK Open Platform's management and control for the merchants does not exempt them from the legal liability they should bear.
1.2 Applicable scope
This Standard is applicable to the sampling inspection of quality, appearance, consistency between commodity brand publicity and physical objects, brand and copyright of commodities sold by JD.HK Open Platform.
Chapter II Sampling Inspection of Quality
2.1 Sampling inspection process
2.1.1 Sampling
The samples shall be purchased by JD.HK designated personnel as ordinary consumers on JD.HK Platform, who shall entrust a nationally recognized inspection institution for inspection; or in-stock inspection and verification shall be carried out in the warehouse of JD.HK and corresponding supporting materials shall be issued;
2.1.2 Inspection party
For the purpose of being responsible for consumers in mainland China, the samples will be sent to a third-party quality inspection institution, copyright/brand holder or legal person, individual or other organization designated/authorized by it that has the qualification of CNAS and CMA recognized by China;
2.1.3 Inspection standard and items
The sampling inspection items of commodities shall include but be not limited to:
2.1.3.1 Test items involving personal safety of consumers as required in national mandatory standards/product standards and their limits;
2.1.3.2 The contents described in the detailed page of commodities;
2.1.4 Detailed process
Note: [Key Supervision Period] In order to protect the rights and interests of consumers, if the unqualified sampling inspection of commodities is determined according to the results of the first sampling inspection and re-inspection, the merchant will enter a 2-3 month key supervision period from the date of taking management and control measures; JD.HK shall have right to carry out another 1-3 sampling inspections of the commodities sold by the merchant during key supervision period. JD.HK shall have right to adjust the duration of the key supervision period according to the results of sampling inspection in the key supervision period.
2.1.6 Sampling inspection expenses
The costs involved in sampling inspection (including but not limited to commodity purchase costs, logistics costs, preliminary inspection costs, etc.) shall be borne by JD.HK (except for special categories).
Special categories refer to high-value commodities such as luxury/precious metal/jewelry diamonds, for which merchants need to refund the cost of purchasing samples in full without reason if the inspection and identification do not destroy the commodity.
2.2 Handling of violations
2.2.1 Handling regulations
If the same commodity of a merchant has two or more of the following violations simultaneously, it shall only be handled in accordance with the most serious item. In order to further protect the rights and interests of consumers, JD.HK shall have the right to take compulsory handling measures such as freezing payment and closing stores for merchants who violate the following circumstances. JD.HK will handle the unqualified quality items of the commodity based on the quality inspection report or written report issued by the inspection institution in accordance with the Rules for the Administration of Violation Points of JD.HK Open Platform Merchantsfor different violations of commodities: the violations include but are not limited to:
2.2.1.1 Identified as counterfeit and pirated commodities.
2.2.1.2 Fake materials and ingredients, i.e., the actual material or ingredient content of the commodity is completely inconsistent with the description of material or ingredient content of the commodity by the merchant.
2.2.1.3 Inconsistent materials and ingredients, i.e., the actual material or ingredient of the commodity is consistent with the description of material or ingredient of the commodity by the merchant but they are inconsistent in content.
2.2.1.4 The unqualified items involve hazards to personal safety, such as electrical safety hazard, chemical safety hazard and mechanical safety hazard.
2.2.1.5 The unqualified items don't involve hazards to personal safety, such as product performance index and efficacy.
2.2.1.6 Unqualified appearance quality and sensory quality.
Chapter III Appeal and Re-inspection
3.1 Merchant complaints
If the merchant has any objections to the sampling inspection results, it shall make complaints within the validity period of 7 natural days.
3.2 Merchant re-inspection
If the merchant fails to provide valid complaint materials within the complaint period, it shall be regarded to have accepted the inspection and identification conclusion. If the merchant can provide valid complaint materials, JD.HK can support the request of re-inspection from the merchant.
3.2.1 When the unqualified items are re-inspected in JD.HK sampling inspection, the items that can be inspected on the original sample shall be re-inspected and those that cannot be inspected on the original sample shall not be re-inspected.
3.2.2 Based on the particularity of quality index and the reproducibility of inspected data, re-inspection cannot be carried out in the following conditions:
3.2.2.1 A complaint is filed after the deadline.
3.2.2.2 It is impossible to make re-inspection on the original sample due to objective reasons.
3.2.2.3 When the inspected party applies for re-inspection, the product stored under normal conditions has been invalid during the validity period of re-inspection.
3.2.2.4 The formaldehyde content test result is unqualified.
3.2.2.5 Other circumstances stipulated by laws and regulations, or where the quality inspection institutions don't support the re-inspection.
3.2.2.6 For the sensory items subject to random sampling inspection on appearance and label, re-inspection is not supported.
3.2.3 The re-inspection of counterfeit and pirated commodities shall be conducted in the original sample, and shall not be accepted in the following cases
3.2.3.1 The complaint materials are obviously suspected of fraud, or judged as fraud by the identification party.
3.2.3.2 A complaint is filed after the deadline.
3.2.3.3 Due to objective reasons such as identification methods and identification techniques, the samples are naturally lost, damaged or failed during the identification process, and the secondary identification cannot be supported.
3.2.3.4 When the merchant applies for re-inspection, the samples stored under normal conditions has been invalid during the validity period of re-inspection.
3.2.3.5 The identification party doesn't support re-inspection.
3.2.3.6 It is impossible to make re-inspection due to other objective reasons.
3.2.4 Cost of re-inspection
If the merchant applies for re-inspection of unqualified items, it shall advance the re-inspection cost to the re-inspection authority within 3 working days upon its receipt of the acceptance notice of re-inspection. In case the commodity fails to pass the re-inspection, the original inspection and identification results shall remain unchanged, and the inspection cost shall be borne by the merchant itself; If the re-inspection result is qualified, the re-inspection result shall prevail, and the re-inspection cost shall be returned to the merchant by the original inspection and identification institution.
3.3 Control measures during re-inspection period
In order to protect the rights and interests of consumers, control measures such as freezing payment and closing stores will be taken for the merchants applying for re-inspection according to the violations of commodity regulations, and the control measures that have been taken will not be suspended during the re-inspection period.
Chapter IV Supplementary Provisions
4.1 Any conduct of the merchant of JD.HK Open Platform, arising before the effective date of the Rules, shall be subject to the rules effective at that time. For any conduct arising after the effective date of the Management Rules, the Rules shall govern.
4.2 JD.HK may adjust the Management Standard at any time according to the platform operation and disclose such adjustment to the merchants in the form of announcement on JD.HK Open Platform.
4.3 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. When there are no stipulations in the Rules, such breach will be handled in accordance with laws and regulations. The relevant responsibilities undertaken by the merchants according to the relevant rules do not exempt them from the legal liability they should bear. Any conduct of the merchants on JD.HK shall also be subject to the agreements signed with JD.HK and its affiliates;
4.4 The Rules were released on May 12, 2020 and took effect on May 12, 2020.
Welcome every merchant to provide us with suggestions on platform rules, you can send an email to jdw-qingting@jd.com. Thank you for your support and attention to JD.HK Open Platform.