consumer protection service agreement
You are welcome to sign the consumer protection service agreement (hereinafter referred to as "this Agreement") with the seller service provider of Kingsoft international network. The key words listed in front of each clause are only to help you understand the theme of the clause, and do not affect or limit the meaning or interpretation of the clause. In order to protect your own rights and interests, it is recommended that you carefully read the specific statements of each clause.
[read carefully] Before you click to agree to this agreement in the process of creating a store, you should carefully read all the contents of this Agreement (especially the terms of exemption or limitation of liability, application of law, dispute resolution, deposit, personal information sharing and disclosure, etc., which are underlined in BOLD). If you have any questions about the agreement, you can consult the customer service of Jinsha international network, which will explain the terms to you.
[signing action] When you click to sign this agreement online, it means that you have fully read, understood and accepted all the contents of this agreement, and this agreement will be legally binding between you and Kingsoft international. If you disagree with any content of this agreement or cannot accurately understand the meaning and interpretation of the terms, please immediately stop the process of creating a store or stop the business activities of the store.
[contracting party] this agreement is jointly concluded by you and the seller service providers of Kingsoft international, Zhejiang Kingsoft International Network Co., Ltd. and Kingsoft International (China) Software Co., Ltd. (in this agreement, it can be individually or collectively referred to as "Kingsoft international"). The three parties to this Agreement are collectively referred to as the parties
1.1 [agreement scope] The content of this agreement includes the body of the agreement and all relevant rules, introductions, notices, explanations, interpretations and other documents (hereinafter collectively referred to as "rules") issued or subsequently issued by Kingsoft international and notified to you in accordance with the law. The foregoing rules are an integral part of this Agreement and have the same legal effect as the text of the agreement.
1.2 [validity of agreement] when you click online to sign this agreement, it means that you have fully read, understood and accepted all the contents of this agreement, and this agreement will be legally binding between you and Kingsoft international. If you disagree with any content of this agreement, or cannot accurately understand the meaning of the terms or the interpretation of the terms by Kingsoft international, you should immediately end the process of creating a store or stop the business activities of the store.
This agreement is an important part of the "Kingsoft international network seller service agreement". The contents not agreed in this Agreement shall be subject to the "Kingsoft international network seller service agreement"; In case of any inconsistency between this Agreement and the seller service agreement of Kingsoft international network, this Agreement shall prevail
2.1 [consumer protection services] consumer protection services include basic consumer protection services and special transaction agreement services. 2.1.1 [basic consumer protection services] When you publish commodity / service information through Kingsoft international network and sell it to buyers, according to the agreement and the relevant rules of Kingsoft international network, you should perform the basic consumer protection service obligations such as truthful description, return without reason within seven days, and other protection obligations. Of which: (1) Truthful description: you should truthfully describe the published product / service information in the product description page, store page, Jinsha international and other information release channels provided by Jinsha international according to the relevant rules of Jinsha international. (2) Return goods without reason within seven days: you should protect the buyer's rights and interests of returning goods without reason on the premise that the goods are in good condition in accordance with relevant laws and regulations and the relevant rules of Jinsha international network. You agree to accurately provide and timely update your return address and return recipient's name, contact information and other return information according to the page prompts or the buyer's requirements, so as to ensure authenticity, timeliness, completeness and accuracy. If the return information you provide is incorrect, untrue, invalid or incomplete, resulting in the risk of damage or loss of the returned goods, the risk and the resulting direct or indirect expenses shall be borne by you in accordance with the provisions of relevant laws, regulations, agreements and rules. (3) Other protection obligations: you should protect the buyer's other rights and interests as a consumer, such as the Three Guarantees service requirements, after-sales service requirements, consumer protection and rights protection claims, in accordance with the relevant laws and regulations and the relevant rules of Jinsha international network 2.1.1 [basic consumer protection services] When you publish commodity / service information through Kingsoft international network and sell it to buyers, according to the agreement and the relevant rules of Kingsoft international network, you should perform the basic consumer protection service obligations such as truthful description, return without reason within seven days, and other protection obligations. Of which: (1) Truthful description: you should truthfully describe the published product / service information in the product description page, store page, Jinsha international and other information release channels provided by Jinsha international according to the relevant rules of Jinsha international. (2) Return goods without reason within seven days: you should protect the buyer's rights and interests of returning goods without reason on the premise that the goods are in good condition in accordance with relevant laws and regulations and the relevant rules of Jinsha international network. You agree to accurately provide and timely update your return address and return recipient's name, contact information and other return information according to the page prompts or the buyer's requirements, so as to ensure authenticity, timeliness, completeness and accuracy. If the return information you provide is incorrect, untrue, invalid or incomplete, resulting in the risk of damage or loss of the returned goods, the risk and the resulting direct or indirect expenses shall be borne by you in accordance with the provisions of relevant laws, regulations, agreements and rules. (3) Other protection obligations: you should protect the buyer's other rights and interests as a consumer, such as the Three Guarantees service requirements, after-sales service requirements, consumer protection and rights protection claims, in accordance with the relevant laws and regulations and the relevant rules of Jinsha international network 2.1.2 [special transaction agreement service] On the basis of your commitment to perform basic consumer protection services, in addition to fulfilling your obligations under laws and regulations, you can also voluntarily choose to provide specific transaction agreement services to buyers according to your store operation, including delivery time commitment services, quality commitment, damage replenishment commitment, return commitment, free replacement, designated Express delivery, etc. When you voluntarily choose to provide buyers with special trading agreement services according to the business situation of the store, you should perform the services to the buyers in strict accordance with the service content you promised. Kingsoft international will provide you with a unified background selection tool for special trading agreement services, and publicize the relevant rules of various trading agreement services on the website
2.2 [consumer protection service tool] You agree to choose one or a combination of margin, consumer protection service guarantee insurance (hereinafter referred to as "margin insurance") and accounting period guarantee as consumer protection service tools according to the category of goods you publish, store operation risk and other requirements. For details, see relevant clauses and rules
2.3 [performance security] You agree that according to the agreement, when there is a risk in your performance of the agreement to the buyer and Jinsha international, Jinsha international may freeze / deduct the corresponding amount in your payment account to the designated account of Jinsha international or use the corresponding amount provided by you in other ways required by Jinsha international as the performance security to guarantee your commitment to consumer protection services and the funds for the performance and default compensation of this agreement under the above risk scenarios.
2.4 [default compensation] You agree that when Jinsha international accepts the application for rights protection and compensation related to consumer protection services raised by the buyer or you violate the relevant rules of Jinsha international network, you should actively cooperate to deal with it, and provide relevant evidence materials within the time limit required by Jinsha international to prove that the goods / services traded with the buyer do not have the problems raised by the buyer, comply with the agreement of both parties or your relevant violations are not tenable, and ensure that the evidence materials submitted are true Legal. If the buyer's rights and interests are damaged due to your failure to fulfill the consumer protection service commitment, and if the buyer directly requires you to deal with it unsuccessfully, or if you violate this Agreement and should pay compensation to the buyer, Kingsoft international and other relevant parties for breach of contract, Kingsoft international can determine whether you should perform the compensation obligation according to the relevant evidence materials, rules and procedures, And compensate the relevant parties for breach of contract through the guarantee provided by you in accordance with this agreement.
3.1 [nature of deposit] As the funds you pay in accordance with this agreement to guarantee your commitment to consumer protection services and the performance and compliance of this agreement, the deposit is frozen or deposited in the form of a special account. According to this agreement, the deposit is used for a special purpose. In case of judicial freezing, dissolution, liquidation and other situations, Kingsoft international has the priority to receive repayment of the deposit.
3.2 [margin authorization] You authorize Kingsoft international to freeze, deduct, manage and dispose of the deposit according to the agreement. Unless you voluntarily cancel the store / account and terminate all business activities in Kingsoft international or otherwise agreed by the parties, the above authorization is irrevocable
3.3 deposit of deposit 3.3.1 [deposit range] You shall deposit the full amount of security deposit into the designated account of Kingsoft international at the time and in the manner agreed in this agreement. Among them, if the transaction situation of your store and the categories of goods you operate are required to deposit a deposit according to the rules, the amount of the deposit you deposit should not be less than the limit standard requirements published by Kingsoft international. Otherwise, Kingsoft international can take accounting period guarantee and other measures according to the rules; The margin limit standard of commodity categories is formulated by Jinsha international according to the characteristics of each category, and the latest content published by Jinsha international network shall prevail (Jinsha international can adjust the scope and guarantee amount requirements of these categories according to the actual compensation situation, changes in consumer protection needs and business changes, and publicize them in advance). Unless you have to deposit a deposit, you are free to choose whether to deposit a deposit and the specific amount 3.3.2 [copy display] If you have paid the deposit according to the deposit limit standard and the balance of the deposit is greater than 0, the relevant page of your store will appear "paid deposit" or similar copy / logo (the details are subject to the page display) 3.3.3 [margin replenishment] You should always keep the margin balance not lower than the margin limit requirements. If you need to make up the margin due to a compensation event, Kingsoft international can instruct the payment company to continue to freeze / deduct the balance in your payment account to make up the margin. If the balance in your payment account is insufficient, you should make up the margin within the period notified by the system. If you fail to make up the corresponding deposit within the above period, the "deposit paid" or similar copy / logo on the relevant page of your store will be cancelled, and Kingsoft international can take measures such as account period guarantee and store shielding according to the rules
3.4 deposit insurance 3.4.1 [deposit insurance insurance] Margin insurance is a comprehensive guarantee insurance that you use to ensure that you fulfill your consumer protection service commitments in accordance with this agreement. If your store meets the relevant conditions of "deposit insurance", you can reduce your deposit obligation in whole or in part by applying for "deposit insurance". If you have taken out deposit insurance, the amount of your deposit obligation under this agreement can be reduced by an amount equivalent to the amount of insurance compensation 3.4.2 [margin Insurance Claims] During the insurance period, if you, as an applicant, violate the relevant commitments of this agreement, and the buyer (the insured) initiates an application for rights protection within the effective insurance period agreed in your insurance agreement, the insurance company shall be responsible for compensation within the compensation limit agreed in the insurance contract and obtain the right of recourse against you 3.4.3 [insurance deposit] unless otherwise specified, the deposit under this agreement refers to the cash payment deposit, and the amount of the deposit payment obligation deducted due to the seller's Insurance of the deposit is referred to as "insurance deposit"
3.5 management and use of deposits
3.5.1 [margin disposal] you agree that when Kingsoft international determines that the following circumstances occur, Kingsoft international may dispose of the margin independently or notify the payment company in the following ways:
(1) If you violate relevant laws and regulations, this agreement or commitments to the buyer in the process of publishing goods, concluding or performing transactions on Kingsoft international, resulting in or may cause damage to the rights and interests of the buyer, you agree that Kingsoft international can make a liability judgment according to relevant rules and procedures, and deduct the deposit based on the above judgment for your refund or compensation to the buyer;
(2) If you violate relevant laws and regulations, this agreement or other agreements with Jinsha international, causing losses to Jinsha International (including administrative penalties, litigation compensation, goodwill damage, etc.) or should pay compensation for breach of contract to Jinsha international, you agree that Jinsha international can deduct the corresponding amount from the deposit for the above purposes. Among them, if you make compensation for breach of contract to Jinsha international due to your violation of the relevant rules of Jinsha international network, Jinsha international will set up a special fund for consumer protection for the liquidated damages deducted in this case, which is specially used for consumer rights protection, compensation or compensation.
(3) If you violate the agreement with the affiliated company of Kingsoft international, causing losses to the affiliated company, and should pay liquidated damages to it, or should refund or pay liquidated damages to other third parties such as consumers according to the above agreement, Kingsoft international may deduct the corresponding amount from the deposit for the above purposes; Unless otherwise provided by law, Kingsoft international will not be liable for the above instructions, and relevant disputes will be settled by you and the above-mentioned affiliated companies through negotiation.
(4) Other situations in which Kingsoft international can dispose of margin
< span> < strong> 3.5.2 [notice of compensation] If Kingsoft international uses the deposit to make any compensation, it will notify you in writing (including system notification, e-mail, on-site letter, etc.). In the written notice issued to you, the reason and amount of compensation will be stated.
3.6 unfreezing of deposit
3.6.1 [unfreezing conditions] when you meet the following unfreezing conditions, Kingsoft international will return / unfreeze your remaining deposit balance without interest:
(1) If you are a seller who must pay a deposit according to Kingsoft international regulations, and you apply for unfreezing all or part of the deposit, resulting in your margin limit (the sum of cash payment margin and insurance margin) being lower than the minimum amount required by the platform, you must ensure that all conditions for rule publicity are met at the same time.
(2) If the amount of deposit you pay exceeds the minimum amount of deposit required by the platform, and you apply for unfreezing part of the deposit, you must meet the unfreezing record of restrictions caused by violating the relevant rules of Kingsoft international network that has not been completed;
(3) Although you have not actively applied for unfreezing the deposit, if your store is subject to account seizure, if you meet all the conditions in (1) (2) above, Kingsoft international will directly refund / unfreeze your remaining deposit balance without interest, and may directly terminate the provision of all or part of Kingsoft international network services to you
3.6.2 [identification cancellation] If you have successfully unfrozen the deposit, and your deposit balance is 0 after unfreezing, the "paid deposit" or similar copy / logo on the relevant page of your store will be cancelled, and Kingsoft international can suspend or terminate all or part of Kingsoft International's seller services to you according to relevant rules
4.1 [account period guarantee range] if your store fails to pay or fails to pay the deposit in full, for the purpose of safeguarding the rights and interests of consumers, Kingsoft international can take account period guarantee measures for the orders under your account
4.2 [accounting period guarantee content] Account period guarantee is an account transaction account period extension measure to ensure that you fulfill your consumer protection service commitments in accordance with this agreement. After the account period guarantee takes effect, the transaction amount corresponding to the order will be an unusable balance in your payment account within a certain period of time after the transaction is successful (generally 15 days, the specific time is subject to the system display). In case of after-sales rights protection during the period, Jinsha international can determine whether the corresponding amount is used as consumer compensation according to the final judgment result.
4.3 [cancellation of accounting period guarantee] if you subsequently deposit the deposit in full and there are no other transaction risks, Kingsoft international may cancel the accounting period guarantee measures taken for the orders under your account
5.1 [scope of performance security] you agree that in case of any of the following risk situations, Kingsoft international may require you to provide a corresponding amount of performance security to guarantee the transaction security:
(1) When the buyer and Kingsoft international apply for compensation to you; Among them, In the middle of the transaction, the corresponding amount is equal to the difference between the amount of rights protection applied by the buyer and the amount of payment for goods; After the transaction is completed, the corresponding amount is equivalent to the amount of rights protection; When Kingsoft international pays compensation to the buyer on your behalf, the corresponding amount is equivalent to the amount advanced by Kingsoft international
(2) According to the news media exposure, the notification of the regulatory department, the obvious abnormal operation of the store and other reasonable judgments, when you have lost or may lose the ability to perform the contract, such as the serious deterioration of your business condition, the transfer of withdrawal funds, the loss of business reputation and so on, in order to ensure the transaction safety and prevent the damage to the rights and interests of consumers, Kingsoft international will, according to the relevant commodity prices in your store Determine the sales volume and other factors and notify you in writing of the corresponding guarantee amount to be provided.
5.2 [payment of performance security] you agree that Jinsha international can instruct
the payment company to freeze / deduct the corresponding amount in your payment account balance to the
designated account of Jinsha international as your performance security under the above risk situations.
If the balance of your payment account is insufficient, you agree that Kingsoft international can
automatically deduct and freeze the corresponding amount from your deposit as your performance security.
If your deposit after deduction cannot meet the corresponding minimum deposit amount requirements of
your store, or the buyer's rights protection is established, but your deposit or payment balance is
insufficient for compensation / refund, the relevant provisions of Article 3 of this Agreement shall
& nbsp; & nbsp;& nbsp; If Kingsoft international reasonably judges that you have lost or may lose the ability to perform the contract according to the exposure of the news media, the notification of the regulatory authorities, the obvious abnormal operation of the store and other circumstances, and you fail to provide the corresponding amount of performance security within the time limit required by Kingsoft International, you agree that Kingsoft international may require the payment company to close all or part of the functions of your payment account, and take measures to remove your goods from the shelves Temporary market control measures such as store supervision. At the same time, you recognize that Kingsoft international has the right to file a lawsuit to the people's court to require you to provide the above performance security or apply for the preservation of your property to protect the rights and interests of consumers strong>
5.3 [use of performance security] You agree that when you have to refund / compensate the buyer in accordance with relevant agreements and rules or Jinsha international completes the compensation to the buyer on your behalf, Jinsha international can notify the payment company to directly use the performance guarantee for refund / compensation. Kingsoft international will notify you in writing (including system message, on-site letter, e-mail, etc.), and explain the reason and amount of compensation to you in the written notice.
5.4 [release of performance security] In the process of rights protection, if the buyer fails to operate in time at any link, resulting in the system timeout, the application for rights protection is automatically completed, or when Kingsoft international manually intervenes and determines that the application for rights protection is not tenable, or when Kingsoft international reasonably judges that there is no performance risk in your store according to news media reports, opinions or processing results of regulatory authorities, store operations, etc, Kingsoft international will release the requirement for your corresponding amount of performance security and return / unfreeze the balance of performance security without interest.
6.1 [entrusted compensation range]
If your deposit or payment balance is insufficient for compensation, you should pay additional
compensation by yourself. When your deposit or payment balance is insufficient, unless expressly
provided by law, Kingsoft international has no obligation to use its own funds to pay
compensation, compensation or any other amount to the buyer or any third party, and you should
still bear the obligation of compensation and compensation to the buyer or other third parties
You agree that in case of any of the following circumstances, Jinsha international can use its own funds to compensate the buyer on your behalf, and Jinsha international has the right to recover the compensation amount from you:
(1) Your deposit or payment balance is insufficient for compensation, and you have not paid additional compensation to the buyer by yourself
(2) If Kingsoft international reasonably judges that there is a major risk of serious violations of laws and regulations in your goods / services according to the exposure of news media, the notification of regulatory authorities or the obvious abnormal operation of your store, and you should bear the liability for compensation to the buyer in accordance with relevant laws, regulations, agreements and rules, based on the urgency or severity of the risk event, whether your deposit or payment balance is sufficient for compensation, In order to protect the rights and interests of consumers, Kingsoft international needs to make compensation arrangements in a unified and timely manner.
6.2 [recovery of entrusted compensation] in the above entrusted compensation cases, Goldenfirs can recover the compensation from you, including the following methods:
(1) You are required to repay the fund equal to the amount of compensation to Jinsha international within the time limit notified by Jinsha international, so as to compensate the losses suffered by Jinsha international, compensate the buyer for the remaining part (if any) of your actual compensation amount, and make up the deposit within the specified time
(2) Ask the payment company to pay the money under your payment account directly to Kingsoft international to compensate for the losses suffered by Kingsoft International
(3) Other ways of recovery that Kingsoft international can take. If the losses of Kingsoft international cannot be compensated through the above methods, Kingsoft international may unilaterally terminate the provision of Kingsoft international online seller services to you, and continue to require you to bear the liability for compensation.
7.1 [information disclosure scenario] When you fail to repay to Jinsha international the same amount of funds compensated by Jinsha international with its own funds on your behalf within the agreed period or the period notified by Jinsha international, Jinsha international may disclose your default information to sesame Credit Management Co., Ltd. for sesame Credit Management Co., Ltd. to evaluate your credit evaluation
7.2 [scope of information disclosure] The scope of information (if any) disclosed by Kingsoft international to sesame Credit Management Co., Ltd. includes your name, certificate number in the natural person store or your enterprise name, business license number, organization code, social credit code in the enterprise legal person store, store name, account name, the amount that Kingsoft international uses its own funds to compensate you, compensation order number, compensation occurrence time, compensation status, etc.
8.1 [consumer protection responsible entity] You clearly understand and agree that you are the subject of responsibility for consumer protection services. Kingsoft international and its affiliates only provide you with relevant technical support and services. Unless expressly provided by law, Kingsoft international and its affiliates will not bear any warranty liability for the content of consumer protection services you provide to buyers. When the buyer claims to return the goods without reason, the goods are inconsistent with the description, the goods have quality problems, and you violate the service commitment of the characteristic transaction agreement, you should actively communicate and negotiate with the buyer and ensure the rights and interests of the buyer. You should actively deal with the buyer's request for return and replacement due to the above problems.
9.1 [payment authorization] Once this agreement takes effect, it means that you have fully understood and agreed to authorize the payment company. You authorize the payment company to operate the balance, deposit, performance guarantee, etc. in your payment account according to the instructions issued by Kingsoft International (including forwarding to the Bank of your bank account that has opened the payment card function and assisting in completing the operation of the payment instructions), The above authorization is irrevocable except that you voluntarily cancel your store / account and terminate all business activities in Kingsoft international.
9.2 [instruction type] According to the agreement, Goldenfirs may issue the following types of instructions to the payment company:
(1) Freeze / deposit and unfreeze the security deposit and performance guarantee
(2) Deduct the security deposit and performance guarantee for the implementation of default compensation or compensation for the losses of related parties
(3) When the margin is insufficient, deduct / freeze the balance of the payment account to supplement the margin
(4) If you have not paid the deposit, deduct the balance of the payment account for the execution of default compensation or compensation for the losses of related parties
(5) If Kingsoft international has compensated the buyer on your behalf, or caused losses to Kingsoft international and its affiliates due to your reasons, Or in the event of a risk event, if Kingsoft international must take urgent measures to avoid the expansion of losses, the payment can be deducted / frozen the same amount from your payment account and / or close all or part of the functions of the payment account according to the instructions of Kingsoft international during the validity period of your payment account (that is, it may exceed the validity period of this Agreement).
9.3 [payment exemption] Except for the fault of payment, you agree that all risks of the payment company operating in accordance with your authorization shall be borne by you and the payment user you designate. As a value-added service provided by the payment company for your payment account, the payment company will not bear any legal responsibility for the performance of any authorized act unless the payment company fails to perform the operation in accordance with your authorization, the execution instruction is wrong, or the law clearly stipulates. Such disputes should be settled by you and Kingsoft international through negotiation or through judicial channels.
10.1 [agreement change] Kingsoft international may modify this agreement from time to time in accordance with changes in laws and regulations, the protection of consumer rights and interests and the maintenance of transaction order (hereinafter referred to as "changes"), and make announcements in the form of website publicity according to law. If you do not agree with the relevant changes, you have the right to contact Kingsoft international for feedback before the effective date of the change. If the feedback is adopted, Jinsha international will adjust the changes as appropriate. If you still disagree with the effective change, you should stop the business activities of the store from the effective date of the change, and the change will not have effect on you; If you continue to carry out any store business activities after the change takes effect, including maintaining the published product information, continuing to publish product information, using the consumer protection service logo, etc., you are deemed to have agreed to the effective change.
11.1 [Termination] this agreement will be terminated in any of the following cases. After the termination of this agreement, you will not be able to continue any store business activities:
(1) Natural termination: if the "Jinsha international platform service agreement", "Jinsha international seller service agreement" and "payment service agreement" you signed online are terminated for any reason, this agreement will be terminated at the same time
(2) Termination by notice: Kingsoft international may terminate this agreement by giving a written notice fifteen (15) days in advance
(3) Kingsoft International's unilateral cancellation right: if you violate the commitments and guarantees in this agreement or the relevant rules of Kingsoft international network, Kingsoft international can immediately terminate this Agreement and deal with you according to the relevant rules
(4) When this agreement is changed, you express and notify Jinsha international that you are unwilling to accept the new consumer protection service agreement, then this agreement will automatically terminate from the date when Jinsha international receives your notice
(5) The occurrence or realization of other termination conditions specified in this agreement leads to the termination of this agreement
11.2 [effect of termination] no matter what reason this agreement is terminated, you must bear the corresponding responsibility for any compensation and liability caused by your behavior before the termination of the agreement. Even if this agreement is terminated, Kingsoft international and its affiliates can still deal with it in accordance with the provisions of this agreement, including using your margin, payment account balance, etc. to deal with the buyer's claims caused by the transactions that occur within the validity of this agreement, and the payment of liquidated damages caused by the violation of this agreement.
12.1 [application of Law] the conclusion, effectiveness, interpretation, amendment, supplement, termination, implementation and dispute resolution of this Agreement shall be governed by the laws of the mainland of the people's Republic of China
12.2 [jurisdiction] your disputes arising from and related to consumer protection services shall be settled by Kingsoft international through negotiation with you. If the negotiation fails, either party may bring a lawsuit to the people's court with jurisdiction in the place where the defendant is located
12.3 [severability] if any provision of this agreement is deemed to be repealed, invalid or unenforceable, such provision shall be deemed to be severable and shall not affect the validity and enforceability of the remaining provisions of this agreement