Important Notice: Please review these Rules carefully, particularly those terms and disclaimers which may adversely impact the scope of SafeBuy Services available to you, including but not limited to those under Rule 9/11 of these Rules. You must review and understand them before committing to any contractual agre s subject to SafeBuy Services.
Safe Buy Services Rules (the “Rules”)
Version No.: 20161209 Ud: 20161209
Chapter 1 Purpose and Definition
Article 1 Purpose
The purpose of establishing these Rules is to protect the legitimate interests of users of the ecvv.com Platform (URL: //www.ecvv.com) and to promote the healthy development of the Safe Buy Services.
Article 2 Definition
“Buyer” means a user of the ecvv.com Platform who has entered into a “Safe BuyPurchase Contract” with a Seller for purchasing products and requested Seller to provide Safe Buy Services.
“Seller”, for the avoidance of doubt, means a user, registered or resident in Mainland China, of the ecvv.com Platform who has entered into a “Safe Buy Purchase Contract” with a Buyer for selling products and agreed to provide Safe Buy Services to Buyer.
“Safe Buy Purchase Contract” or “Purchase Contract” means a sales and purchase contract entered into by and between a Buyer and a Seller via the ecvv.com Platform which stipulates the rights and obligations in connection with exportation of products and Safe Buy Services.
“Safe Buy Services” or “Trade Assurance Services” means the services that Seller undertakes to refund to Buyer in full the deposit or any payment made under the Purchase Contract, in case Seller breaches the Purchase Contract (failure in shipment on the agreed Shipment Date; and/or failure in supplying products that conform to the agreed quality standards, failure in providing valid documentation in support of change of ownership of the products to Buyer, failure in providing valid documentation including but not limited to corresponding invoice (or certification) in support of delivery or any other material breach of the Purchase Contract resulting in a material damage to the value of products or the commercial objective known or should be known to both Seller and Buyer becoming unachievable) after Seller enters into a Purchase Contract with Buyer and undertakes to perform its obligations relating to product delivery as stipulated therein; and if Buyer submits a complaint to ECVV.com and uses the Dispute Determination service provided by the ECVV International Platform, Seller agrees that after ECVV.com receives a valid compliant, ECVV.com shall have the right to determine at its sole discretion the liability in connection with the dispute, and if ECVV.com determines that Seller has committed a breach of the Purchase Contract, ECVV will be entitled to require Seller to refund to Buyer in order to protect the legitimate interests of Buyer. Safe BuyServices are an undertaking and obligation of Seller to provide assurance to Buyer as stipulated in the Purchase Contract. Seller shall be solely obliged to provide such services and neither ECVV nor any third party shall have any obligation to provide such services to Buyer.
“ECVVSupply Chain Services” means the comprehensive international commercial and trading services provided to Seller by Shenzhen ECVV Network Technology Corp.,Ltd. or its affiliates, including but not limited to customs declaration services for exportation, logistics services, trade assurance, exchange receipt and settl x return upon exportation, permitted self-managed exportation and etc. (for details please visit http://www.12400.cn).
“Product Inspection Company” means the product inspection company designated for SafeBuy Services which operates on the ECVV.com inspection platform and provides authorized inspection services according to the product quality standards stipulated in the Purchase Contract.
“Working Day” shall mean a day that is not a Saturday, Sunday, or bank holiday in the People’s Republic of China.
Chapter 2 Conditions for Using Safe Buy Services
Article 3 JoinSafe Buy Services
Unless Seller has satisfied all of the following conditions, it may not draft the Safe Buy Purchase Contract:
It has satisfied the access requir s for Safe Buy Services and has passed relevant reviews by ECVV on drawer and relevant products;
No pending dispute in connection with any Safe Buy Purchase Contract or order is to be determined by ECVV.com;
No payments payable to ECVV and/or its affiliates are overdue;
There are no other risk factors that affect the Purchase Contract.
Note: ECVV shall have the sole right and discretion to determine whether or not Seller has fulfilled all of the conditions specified above.
Article 4 The Suspension and Termination of Safe Buy Services:
The Safe Buy Services qualification will be cancelled temporary (i.e. the relevant Safe Buy Servicesicon is cancelled) upon the occurrence of any of the followings:
Within a one-hundred and eighty day  period, Seller has no Purchase Contract which has ken effect (refer to Article 5.3 for the definition of ke effect).
During the period of suspension of the qualification for Safe Buy Services, Seller shall be entitled to apply to restore its qualification for Safe Buy Services. If Seller succeeds in concluding an effective Purchase Contract within 15 days of its application, its qualification for Safe Buy Services shall be automatically restored. If Seller is unable to conclude any effective Purchase Contract within such period, its qualification for Safe Buy Services shall be suspended again and it shall be prohibited from making any application to restore its qualification for Safe Buy Services for a 30-day period.
The Safe Buy Services qualification shall be terminated upon the occurrence of any of the followings:
Seller no longer satisfies relevant access conditions for Safe Buy Services;
Seller has no reasonable reason in refusing to use ECVV Services in accordance with these Rules;
The Contract sum has not been paid to the designated bank account because of Seller (including but not limited to Seller instructing Buyer etc.);
Seller has violated agre s related to the Safe Buy Services and these Rules, and ECVV.com and/or ECVV decides to terminate Seller’s qualification to Safe Buy Services.
Chapter 3 Operational Work Flow of Assurance Services
Article 5 Operational Workflow:
First Stage: Buyer drafts a Purchase Contract with Seller.
Second Stage: Both sides amend the Purchase Contract until buyer and seller agree on transaction contract, the contract came into effect.
Thrid Stage: Buyer shall remit the deposit in full to the ECVV designated bank account within  calendar days. If Buyer fails to remit the deposit in full in time, Seller shall have the right to terminate the Purchase Contract; If Buyer remits the deposit in full in time, Seller shall apply for withdrawal of the deposit within  calendar days. The Purchase Contract will ke effect after Buyer has withdrawn the deposit. Then Seller shall start stocking according to the Purchase Contract.
Fourth Stage: If “Inspection Assurance” is agreed in the Purchase Contract,Seller shall arrange for the products to be inspected using inspection services specified by the ECVV International Platform,so that Buyer may receive the relevant inspection report.After the products have passed inspection, Buyer shall remit the balance paymentto the ECVV designated bank account. Then Seller shall arrange shipping of the products via transportation services and use ECVV Supply Chain Services. Unless otherwise agreed with Buyer, Seller shall not ship products that have failed to pass the pre-shipping inspection test.
5.5第五阶段：当合同约定“截止到发货日期”时，买家应在卖家按照交易合同发货前支付尾款给ECVV收款账号;当合同约定“截止到买方收货后” 或“验货物流组合保障”时, 买方可在卖方发货后N个自然日内确认收货。当交易合同约定“验货保障”的，买方有义务在卸货或收货当时，记录及保留完整的接收货物及初步检查质量的录像或照片等证据(包括但不限于卸货、开箱、开封、验货等操作相关连续、完整、清晰、关联的各种类型的证据)，以便在纠纷调处时供各方确认货物的状态及货损原因和范围，有利于提高纠纷调处的效率。买家确认收货后，供应商可向ECVV申请提取尾款，成功提取尾款后，订单成功完成。
Fifth Stage: If “Trade Assurance up to Shipment Date” is specified in the Purchase Contract,Buyer may remit the balance payment to ECVV designated bank account before it ships the products under the Purchase Contract. If “Extended Trade Assurance until Arrival at Port/Place of Destination” or “Inspection & Logistics Service Trade Assurance” is specified in the Purchase Contract, Buyer may confirm receipt of products within “N calendar days” after Seller ships the Products. If “Inspection Assurance” is agreed in the Purchase Contract,Buyer has the obligation to document, retain complete recordings, photographs and other evidence in relation to the receipt and preliminary quality inspection of the products (including without limitations continuous, complete, clear and different forms of evidence relating to the unloading, unpacking, unsealing, inspection of the products) for Seller and Buyer to confirm the status of the shipping of the products, as well as the reason and extent of damage to the products in the event of dispute, and increase the efficiency of Dispute Determination.Seller can apply for withdrawal the balance payment to ECVV.com. The order will complete after Seller has withdrawn the balance payment.
“N calendar days” means:
Ocean shipping: 45 days longer than the direct voyage time (from the clearance date of export port to the arrival date of discharge port) (direct voyage time is subject to ECVV);
Land shipping: 30 days after the Shipment Date as recorded in the system;
Air or courier shipping: 15 days after the Shipment Date as recorded in the system.
5.5.2 “发货日期”的定义：除非双方另有约定，“发货日期” 特指在装运港/地完成出口的日期。除非双方有其他约定，及除非卖方出具其他可证实的发货日期信息，纠纷调处中认定的实际发货日期以ECVV买办保交易服务系统记录的发货日期为准。ECVV买办保交易服务系统记录的发货日期通常为卖方出口报关日期之后的第3个自然日。
Definition of “Shipment Date”: Unless otherwise agreed by Buyer and Seller, “Shipment Date” specifically refers to the date on which exportation is completed at the port/place of loading. Unless otherwise mutually agreed by Buyer and Seller, the actual shipment date determined in the Dispute Determination shall be determined according to the Shipment Date recorded in the ECVV.com transaction system, which usually is the 3rd calendar day after the clearance date by Seller, except where Seller provides original conclusive information on Shipment Date to the contrary (in which case such information shall prevail).
Article 6 Application for Dispute Determination:
After the Purchase Contract has ken effect, a party that has submitted a complaint to ECVV under the terms of the Purchase Contract may use the Dispute Determination Services provided by the ECVV International Platform. The request should be submitted in accordance with the website’s guidance and instruction after the party has logged in to the ecvv.com Platform.
Chapter 4 Rules for Dispute Determination in Connection with Safe Buy Services
Article 7 Complaints and Handling
If a dispute arises after the Purchase Contract has ken effect, either Buyer or Seller may raise a complaint through the Safe Buy Services Transaction System (the “System”). The complaining party is referred to as complainant and the other party as respondent.
The complainant must fill in the reasons and grounds for raising the dispute and provides sufficient supporting documents within the time limit displayed on the System.
The complainant and the respondent should use their best endeavor to resolve the dispute amicably.
The complainant may withdraw the complaint before ECVV.com makes any determination on the complaint.
The respondent shall not lure, engage in any fraudulent act to make, or coerce the complainant to withdraw the complaint.
Buyer must raise a complaint for ECVV.com Dispute Determination within the applicable claim period in order to activate the Dispute Determination process, failing which, ECVV.com shall have no obligation to accept the complaint.
The claim period may vary depending on the scope of assurance in the Purchase Contract but in no case shall it exceed  days.
Notice: After ECVV.com receives the request for Dispute Determination, ECVV.com will notify the respondent about the complaint by mail, telephone, or other methods as deemed appropriate.
After being notified by ECVV.com, the respondent should submit a counter-notice for the complaint within  Working Days and provide sufficient supporting evidence.
If the respondent fails to submit a counter-notice in time or fails to provide sufficient evidence to support its counter-notice, ECVV.com will make decisions based on the existing supporting evidence available.
The data and information recorded in the systems of ECVV.com, ECVV or its affiliate and the ecvv.com Platform shall serve as the primary evidence and basis for determination of any dispute. Other information and record shall only serve as supplemental information for Dispute Determination.
Both Buyer and Seller shall ensure that the supporting evidence provided is true, complete, valid and lawful. ECVV.com does not guarantee that the supporting evidence submitted by either party is true, complete and accurate and shall not be responsible if such information is untrue or misleading.
Article 8 Dispute Determination
Buyer or Seller’s use of ECVV.com’s Dispute Determination service shall be ken as indication from the relevant party that ECVV.com has the right to make an independent decision (often referred to as “adjudication”, “dispute settlement decisions” or “mediation decision”) on any disputes related to the Purchase Contract in the capacity of a normal and non-professional person. Both Buyer and Seller understand and agree that ECVV.com will not be liable for any imperfect, defective, improper or faulty decisions regarding compensation, settlement of claims, payment and disposal, etc., as it is not a professional judicial authority.
After the Purchase Contract has ken effect, if Seller commits any of the following breaches of the Purchase Contract, Seller will be considered by ECVV.com to have breached the Purchase Contract and will be required to refund the deposit, Contract sum already paid to Buyer and will be subject to penalty terms by ECVV accordingly:
Seller refuses to deliver products in bad faith: Namely, Seller expressly states that it is not going to ship out the Products in a Purchase Contract without any valid reason;
Seller fails to deliver the goods in time: Seller fails to deliver the products within the specified period of time (If ECVV.com is responsible for transportation, Seller shall transfer the goods to ECVV 5 to 10 working days earlier than the shipping date agreed by Seller and Buyer), and Buyer does not agree to a new Shipment Date (unless due to reasons attributable to buyer);
False delivery: Seller claims to have delivered the goods but fails to provide a valid evidence of shipment or has provided a false evidence of shipment;
Inconformity of delivered products with the Purchase Contract: Products delivered by Seller which do not conform to quality provisions of the Purchase Contract, damaged packages or shortages in quantity in breach of the Purchase Contract, thereby resulting in a material damage to the value of delivered products, or the commercial objective known or should be known to both Buyer and Seller becoming unachievable. In case of failure by both Buyer and Seller to reach any agreement regarding the inconformity of delivered products with the Purchase Contract, at ECVV.com’s request, a designated “Product Inspection Company” shall be appointed to issue the product inspection report to confirm whether the quality or quantity of the products is in conformity with the Purchase Contract;
Defective Shipping documents and other material breaches: Seller fails to deliver documents of title to the goods as agreed, fails to provide shipping documents (custom clearance documents or certifications) or other documents as agreed or has committed other serious breaches, thereby resulting in severe loss to the products’ value, or failure to achieve the major business objectives known or should have been known by both Buyer and Seller.
During the course of dispute resolution, Seller fails to make the refund to ECVV’s designated bank account within five  business days of reaching an agreement with Buyer;
Buyer shall provide sufficient evidence to prove that Seller has committed the above breach. Such evidence includes evidence provided by Buyer itself or any evidence provided by any third party. Both the Buyer and Seller agree that ECVV.com shall have the right to unilaterally determine the reasonableness, completeness, effectiveness or sufficiency of the evidence. If any party disagrees with the evidence provided, such party shall provide evidence to the contrary to ECVV.com for use in its determination, otherwise such party shall bear the adverse consequences.
After Buyer submits a request for ECVV.com to resolve a dispute over product quality, at the request of ECVV.com, Buyer shall instruct one of the designated Product Inspection Company [designated contact information] to inspect the products and pay the relevant inspection fees. ECVV.com shall make a decision on the dispute based on the product inspection report issued by the Product Inspection Company. The inspection fees shall be borne by the party in breach according to Dispute Determination outcome. If Buyer and Seller did not expressly agree on the quality of the products, the Product Inspection Company shall have the right to issue the quality inspection report based on the relevant industry standards. ECVV.com may reject any product inspection reports issued by other product inspection companies. If the products cannot be inspected due to reasons or faults attributable to a particular party, such party shall be liable for any damage or liability arising therefrom.
The Purchase Contract will be terminated upon Buyer’s receipt of the refunded amount. Upon termination of the Purchase Contract, Buyer and Seller shall agree in writing on such other terms not explicitly set out in the Purchase Contract (such as, but not limited to, any arrangements relating to return of products under the Purchase Contract).
Article 9 Disclaimer
Buyer acknowledges and agrees that Buyer will not receive any security assurance of funds and goods from ECVV in the event of any of the followings:
Buyer and Seller did not log in to the ecvv.com Platform and execute the Purchase Contract;
The products underlying the transaction of the Purchase Contract do not comply with the relevant laws, regulations, policies, rules and ecvv.com Platform Rules;
The contractual terms agreed between the Buyer and Seller (including without limitations, terms related to Shipment Date, product quality and payment amount) are unclear, ambiguous or unenforceable contractual terms with reference to the terms in theSafe Buy Purchase Contract;
Buyer did not pay the contract sum in accordance with the timing, currency and payment methods as agreed in the Purchase Contract to the designated beneficiary bank account;
Buyer’s payment account is fake or untraceable or cannot be authenticated;
Buyer provided false information or the information provided cannot be verified;
After a request for dispute determination is submitted and before ECVV.com lays down a decision, Seller had delivered the Products under a Purchase Contract or made the refund to Buyer;
ECVV.com has reason to believe that Buyer and Seller had conspired in bad faith;
Buyer can no longer operate its account at the ecvv.com Platform;
The Products of the Purchase Contract cannot be exported due to any laws, regulations and/or policies;
Buyer knew or should have known that the Seller did not use ECVV Services during the term of the Purchase Contract but proceeded to pay the Contract sum;
Buyer disagrees to have the products inspected by the Product Inspection Company after a complaint on product quality is raised;
During the period of complain for overdue goods, the carrier appointed by Buyer has already received the goods, or Buyer has already signed the bill of lading or other title documents, or Buyer has already accepted the overdue goods through its other actions;
Buyer did not retain the necessary evidence as required to prove its case causing ECVV unable to carry out Dispute Determination;
Any other faults attributable to Buyer.
Article 10 Termination of Purchase Contract
ECVV.com has the right to immediately terminate the Purchase Contract and ke any relevant enforcement actions against the party in breach in the event of any of the followings:
ECVV.com has accepted and made a determination on a dispute request and decided to terminate the Purchase Contract at the same time;
ECVV.com has reason to believe that Buyer and Seller had conspired in bad faith;
Buyer, Seller or the performance of the Purchase Contract is or is alleged to be in breach of any relevant laws, regulations, policies, rules or orders of any competent authority/ies;
Either party’s account at the ecvv.com Platform is terminated for any reason, or the Purchase Contract cannot be performed due to any penalties imposed;
Either party or the Purchase Contract itself is in breach of any service rules or website policies of the ecvv.com Platform or the ecvv.com Platform Rules.
Chapter 5 Safe Buy Services Penalty Rules
Article 11 Prohibited Acts
Upon the occurrence of any of the following, the party in breach shall be subject to penalties in accordance with these Rules:
Buyer did not pay the remaining balance of the Contract sum to Seller in accordance with the terms of the Purchase Contract without any valid reason;
Providing false documents, information or supporting documents;
Buyer and Seller maliciously conspire, or engage in other material dishonest conduct.
Seller has no reasonable reason in refusing to use ECVV Services in accordance with these Rules; or the Contract sum has not been paid to the designated bank account because of the Seller (including but not limited to Seller instructing Buyer etc.);
Buyer and Seller committed other breaches of the Purchase Contract or these Rules.
Article 12 Penalties for Breach
ECVV.com will ke the relevant enforcement action against the party in breach of these Rules based on the extent of breach. If the party in breach has more than one membership accounts at the ecvv.com Platform, ECVV.com shall have the right to ke the same enforcement action against all such membership accounts.
If Buyer breaches any of Sections 11.1，11.2, 11.3 or 11.5, Buyer’s account at the ecvv.com Platform will be terminated.
If the Safe Buy Service Qualification is cancelled and there are other Purchase Contracts that are in operation, then:
If the Purchase Contract is drafted but has not been executed, Buyer’s right to confirm the Purchase Contract will be terminated in order to protect Buyer’s rights and interests;
If the Purchase Contract has been executed but Buyer has yet to pay the deposit, the Purchase Contract will be terminated and Buyer will be notified of such in order to protect Buyer’s rights and interests;
If Buyer has already paid the deposit but such payment has not been received by Seller, then the Purchase Contract will be terminated and a refund to Buyer will be arranged in order to protect Buyer’s rights and interests;
If Buyer has already paid the deposit and ECVV.com has determined that such payment cannot be refunded directly, then both Buyer and Seller should continue to carry out the Purchase Contract;
If Seller has already delivered the products, then both Buyer and Seller shall continue to carry out the Purchase Contract.
Seller breaches Section 11 of these Rules,Seller will be terminated the qualification of Safe Buy Services.
If Seller’s qualification of Safe Buy Services was terminated due to penalty, the Seller will not be able to reapply for such services for ninety  days from the date of such termination.
Chapter 6 Miscellaneous
Article 13 Miscellaneous
ECVV.com shall have the right to amend, revise and publish on the ecvv.com Platform these Rules from time to time based on the actual performance of the Safe Buy Services and the amended and revised Rules will ke effect on the designated date or, if there is no such designated date, the date it is published on the ecvv.com Platform.
“ECVV.com” in these Rules means the operator of the ecvv.com Platform (www.ecvv.com).
“ECVV” in these Rules means Shenzhen ECVV Network Technology Corp.,Ltd. (the operator of the ECVV Services) or its affiliates.
If any party has any disagreement to these Rules, such party should stop using the Safe Buy Services and immediately notify the other party, ECVV.com, and ECVV. By executing and performing the Purchase Contract and/or using any Trade Assurance Services, such party will be deemed to have accepted and agreed to be bound by these Rules.
The English version of these Rules is for reference purposes only. In the event of any inconsistency between the Chinese and English versions of these Rules, the Chinese version shall prevail.