Group Buy Terms & Conditions
Version No.: September 3, 2020
THESE TERMS AND CONDITIONS SHALL APPLY TO GROUP BUY. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY (PARTICILARLY CLAUSE 9 BELOW) BEFORE SUBMITTING ANY ORDER FOR GROUP BUY. BY SUBMITTING YOUR ORDER FOR GROUP BUY, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS.
- Any eligible sellers on Alibaba.com International Website (“com”) participating in Group Buy (“Participating Sellers”) will make available certain products (“Participating Products”) and specify (a) the MOQ; and (b) the TOQ. “MOQ” shall refer to the minimum order quantity for any Participating Product in any single Group Buy order (“Group Buy Order”) placed by any buyer. “TOQ” shall refer to (a) the minimum total order quantity to be received from one or more Group Buy Orders at the end of the Available Period (as defined below) set by a Participating Seller as its pre-condition to fulfill the Group Buy Orders and (b) the total order quantity required to be met by one (1) or more buyer(s) in aggregate in any one (1) or more Group Buy Order(s), that are applicable to each of the Participating Products.
- All Participating Products are available for a prescribed period as indicated on the relevant webpage (“Available Period”) to accept orders from interested buyers.
- Any buyer on Alibaba.com may purchase any Participating Products for any quantity not less than the MOQ, by placing a Group Buy Order prior to the end of the Available Period. Such buyer will be required to settle the relevant payment (“Payment”) within the Available Period in order to complete its Group Buy Order. Any incomplete Group Buy Order will not be valid, and the relevant quantity of the Participating Product placed thereunder will not be taken into account in determining the Condition for Fulfilment (as defined below).
- All Participating Sellers shall be obliged to fulfill the Group Buy Order(s) placed by one or more buyer(s) provided that the aggregate number of the relevant Participating Product thereunder at the end of the Available Period shall have achieved the relevant TOQ (“Condition for Fulfilment”). For the avoidance of doubt, a TOQ is deemed to have been achieved if the aggregate number of the relevant Participating Product at the end of the Available Period shall be equal or have exceeded the number of the TOQ.
- Unless otherwise determined by Alibaba.com, the basis for determining whether the Condition for Fulfilment for any Participating Product has been achieved shall be based on the total number of the relevant Participating Product ordered by buyer(s) (by placing valid Group Buy Order(s)) as shown on the webpage of Group Buy at the end of the Available Period.
- For the avoidance of doubt, unless otherwise determined by any Participating Seller, the Participating Seller is not obliged to fulfill any Group Buy Order(s) for any Participating Product if, at the end of the Available Period, the Condition for Fulfilment has not been achieved. Accordingly, the Participating Seller shall have the right to cancel any Group Buy Order(s) thereafter and proceed to refund the buyer(s) any money that it may have received therefrom.
- Based on the above, every buyer acknowledges and agrees that any Group Buy Orders placed thereby will not be absolutely binding on the relevant Participating Seller until and unless it is confirmed that, at the end of the Available Period, the Condition for Fulfilment has been achieved.
- In the event where the Condition for Fulfilment for any Participating Product is determined to have been achieved, the Participating Seller shall proceed to perform each of the relevant Group Buy Order(s) in accordance with any agreement(s) entered into between the Participating Seller and each of the respective buyer(s).
- Whereas, in the event where the Condition for Fulfilment for any Participating Product is determined to have not been achieved, any Group Buy Order placed in relation thereto will be cancelled in accordance with Clause 6 above. The relevant buyer(s) will be entitled to a refund of the Payment (“Refund”). For the avoidance of doubt, notwithstanding anything to the contrary, every buyer hereby acknowledges and agrees that it shall solely bear any costs, expenses, fees and/or any taxes which may be incurred when making the Payment (including but not limited to any payment transaction fee) and/or in the course of the Refund to the buyer.
- In the event that Group Buy is ceased or suspended by any relevant authority or due to serious network attack or system fault, it may no longer be available. Such situation shall constitute a force majeure event. Neither Alibaba.com nor any Participating Seller shall be liable for any damages or claims that arise in connection therewith.
- In the event where there is any dispute, time and validity of any transactions hereunder shall be determined by Alibaba.com at it sole discretion based on its records. If there is any discrepancy between the record of transaction held by any buyer and that held by Alibaba.com, Alibaba.com’s record shall be conclusive and binding.
- com reserves the right to amend these Terms and Conditions as well as to vary or terminate Group Buy (any part thereof) without prior notice. In the event of disputes, the decision of Alibaba.com shall be final and binding.
- Notwithstanding anything to the contrary in these Terms and Conditions, Alibaba.com reserves the right and absolute discretion to disqualify, cancel or revoke the right of any buyer to use Group Buy without any liability, upon its discovery of any involvement of dishonest, malicious, fraudulent, unlawful and/or inappropriate acts, or, of violation of these Terms and Conditions, by the buyer. Alibaba.com reserves the right to take legal action as it may deem necessary.
- Use of Group Buy is also bound by and subject to the general user agreements and/or rules of Alibaba.com (including but not limited to the Terms of Use and Transaction Services Agreement). In the event that any of these Terms and Conditions conflicts with rules and/or any such related information displayed elsewhere on Alibaba.com, the terms hereof shall prevail.
- Any Trade Assurance orders placed by buyers will automatically be assigned with a default Incoterms. Whereas any Trade Assurance orders placed by sellers shall be subject to the shipping method and Incoterms that are mutually agreed between the seller and buyer.
- Depending on the local tax and customs policies of the destination country where you are located, you may be required to pay custom duties, taxes and other applicable costs and/or fees that may be imposed thereby.
- DISCLAIMER: TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ALIBABA.COM BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, LOSS OF DATA, LOSS OF BUSINESS ORLOSS OF PROFITS) ARISING OUT OF OR IN CONNECTION WITH THE BUYER’S USE OF GROUP BUY, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT ALIBABA.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
- Each buyer hereby acknowledges and agrees that Alibaba.com and/or any of its affiliates shall not be responsible, and shall have no liability to it or anyone else for any dispute or claim that arises out of the buyer’s use of Group Buy.
- These Terms and Conditions are governed, interpreted and enforced by the laws of Hong Kong, without regard to its conflict of laws principles. Any and all legal actions, claims or proceedings arising out of, or in connection herewith shall be brought in a court of competent jurisdiction in Hong Kong.
- In case of any discrepancy in the content between the English and other non-English language versions of these Terms and Conditions (if any), the English version shall prevail.