Rules for Penalty against Non-compliance on ECHEMI

ECHEMI
2024-09-23

These Rules are formulated in order to better regulate the operation order of www.echemi.com, purify its ecological environment and protect the legitimate rights and interests of buyers and sellers. The rules are scheduled to take effect on October 14, 2024. The specific effective time is subject to the platform announcement. 

 

I.Scope of Application and Definition

 

1.These Rules are applicable to all users registered with Echemi.com (hereinafter collectively referred to as "users"). Uers are equal in the application of ECHEMI's penalties for non-compliance. If the user does not agree to the changes, you should immediately stop using ECHEMI's services or products.

 

2. Penalty for non-compliance refers to a disciplinary measure taken by Echemi.com against the non-compliance of a user.

 

II.Procedures for Penalty against Non-compliance

1. The sources of non-compliant information on ECHEMI include (complaint/report channels):

(1) Random inspection by ECHEMI;

(2) The notification and notice of the administrative authorities;

(3) The legal instruments of the judicial organs;

(4) Complaints and reports;

(5) News media exposure;

(6) Other channels that comply with applicable laws and regulations.

 

2.Determination of non-compliance

(1)By any state administrative body or judicial authority;

(2)By ECHEMI;

(3)By a third party other than ECHEMI on a reasonable basis.

 

3.Notice

ECHEMI usually notifies users of penalties for non-compliance by means, including but not limited to message, and email, except for special scenarios.

 

4.Non-compliance appeal and penalty revocation

(1) ECHEMI will remove or partially remove penalties depending on how users rectify their non-compliance in conduct, products, and information.

(2) A user may appeal against an appealable penalty within a specified time limit. ECHEMI will approve or reject the appeal upon review of the appeal information. If the appeal is approved, the penalty will be revoked. If the user fails to appeal within the specified time limit or its appeal is rejected, the penalty will remain effective.

 

III.Conditions and Scope of Complaint / Report Acceptance

1.All complaints /reports will only be accepted by ECHEMI if the following conditions are also met:

(1)The complainant should be a registered user of ECHEMI (www.echemi.com) and the transaction dispute arises after an enquiry or quotation;

(2)The complainant involved in intellectual property infringement complaints must be the owner of the trademark, patent or information, and does not accept complaints from third parties;

(3)The user shall initiate a complaint within the prescribed time limit;

(4)There is a clear and specific complaint request, facts and reasons;

(5)Provide necessary, accurate and detailed factual basis and materials;

(6)Other conditions that ECHEMI considers to be met.

 

2.The scope of complaints/infringements accepted by ECHEMI includes:

(1)Either party to the transaction has spoken or acted improperly;

(2)The buyer of the transaction complained that the seller did not deliver or delayed the shipment;

(3)The buyer complained about the seller's failure to perform the contract;

(4)The buyer of the transaction complained that the quantity or quality of the goods it received was not in conformity with the agreement;

(5)The buyer fails to pay in time or maliciously refuses to pay in the transaction;

(6)Users have the behavior of spamming false information;

(7)Users publish or describe information or inquiries about prohibited goods

(8)Intellectual property rights infringement (including but not limited to trademark rights, patent rights, image theft, information ownership and other legal rights) and other infringement /complaint behavior determined by platforms;

(9)Other situations where a breach of contract by one party causes direct losses to the other party or ECHEMI.

 

IV.Complaint / Report Handling Process

1.Receiving and recording of complaints

(1)In case of any transaction dispute between the buyer and the seller during the performance of the transaction, the seller and the buyer shall first settle the dispute through negotiation. If the parties fail to negotiate or reach an agreement through negotiation, they may apply to the ECHEMI platform for intervention.

(2)The complainant may send the complaint information to ECHEMI, including but not limited to the name of the party complained against, the cause of the complaint, and relevant supporting materials. If the complaint meets the criteria for acceptance and falls within the scope of acceptance, ECHEMI will intervene upon receipt of the application.

a, Intellectual property infringement complaints should be provided: the company name of the complained party, the link to the store, the violation of the infringement involved information, the complainant's intellectual property proof, such as: trademark registration certificate / trademark registration certificate / patent inquiry website of the State Intellectual Property Office / patent certificate/ relevant patent documents/ original certificate of information ownership/ image copyright information and other relevant certificates, as well as the contact information of the complainant;

b, Order dispute complaints need to provide: supplier's/ buyer's company name, product name, Cas No., order quantity, order amount, payment screenshot, proof of effective communication screenshot (proof of order dispute behavior), communication tools with supplier/ buyer, contact information of complainant, contact information of respondent, and description of order dispute (if it is related to product quality issues, the certificate of the third party testing institution of the product is required);

c, Spamming false information complaints / reports need to provide: involved stores, commodity or inquiry links, false propaganda content, communication records of both parties and other supporting materials;

d, To publish or describe information or inquiries about prohibited goods need to provide: links to the stores, products or inquiries involved.

e, Any complaints / reports made by users (buyers and suppliers) of the ECHEMI against other users of the platform by any means, such as complaints / reports channels, telephone, email, official account or other third-party communication methods, will be submitted to ECHEMI.COM Customer Service Team for processing, filing and recording, and feedback results to customers in time. The content of the record includes the name of the user, the name of the complained user, the nature of the complaint, the summary of the complaint content and the result of the solution, etc.

 

2.Principles for handling complaints / reports

(1)If the complainant contacts the ECHEMI Platform to make a complaint / report, the complainant recognizes and accepts that the ECHEMI acts as an independent third party to coordinate the settlement of disputes and conflicts between the two parties, and ECHEMI has the right to request relevant evidence from either party in accordance with these Rules, and has the right to conduct formal review of the evidence submitted by one party only in the capacity of an ordinary person. And make a decision based on that evidence. At the same time, ECHEMI has the discretion to decide whether to participate in the settlement of disputes.

(2)If a party initiates a valid complaint and ECHEMI has reviewed and agreed to accept it, ECHEMI will make a decision on the judgment and closure of the complaint based on the relevant evidentiary materials submitted by both parties. If either party fails to submit evidentiary materials within the prescribed time, fails to fully state its claims, or has altered, forged or altered evidentiary materials, ECHEMI has the right to make a decision directly. At the same time, ECHEMI reserves the right to suspend or close the use rights or accounts of the responsible party on the ECHEMI Platform without refunding the service fee during the suspension or closure period, and has the right to publicize and other treatment on the ECHEMI website and/or other media.

(3)Both parties to the complaint shall provide relevant materials to ECHEMI within the prescribed time in accordance with the principle of "who claims who provides evidence" to prove their claims, otherwise they shall bear the consequences of failure to provide evidence.

(4)The complainant shall guarantee the authenticity and legality of the evidence submitted by him/her and bear the risk/liability for the inauthenticity of the evidence provided by him and the other party. ECHEMI shall not be liable for any liability arising from the inaccuracy of the evidence submitted by a party.

(5)ECHEMI is not a state authority such as a judicial authority, the complaining party and the complained party shall fully understand and expressly agree that: ECHEMI has limited ability to identify evidence and handle disputes. The acceptance and handling of disputes and complaints are solely based on the authorization of the complaining party, and there is no guarantee that the processing results will meet the expectations of the complaining party, nor does ECHEMI bear any responsibility for its flawed or even wrong payment, continued delivery and other processing decisions. If the complaint is established, the treatment of the complained party shall be limited to the punishment within the scope of ECHEMI's services. ECHEMI has no enforceability to enforce the delivery, refund and other requests requested by the complaining party. If the complainants are dissatisfied with the processing result of ECHEMI, they shall take legal action through the relevant judicial organs according to the contract between the two parties. ECHEMI will provide the necessary assistance to the parties to the complaint as requested by the judicial authorities.

 

3.Execution of handling results

(1)If the complainant withdraws the complaint due to a settlement or understanding reached by the parties to the dispute, ECHEMI shall have the right to waive the penalty against the complained party, except where the complaint is withdrawn due to inappropriate inducements, threats, coercion, etc., or ECHEMI deems it inappropriate to waive the complaint.

(2)The penalty imposed by ECHEMI shall not exempt the buyer and seller from all responsibilities for compensation and other responsibilities under laws and regulations, other agreements between the buyer and seller, and the contract between the buyer and seller and ECHEMI.

(3)After ECHEMI has made the handling results, either party may file a lawsuit/arbitration within the agreed time limit. If the judgment/award is inconsistent with the judgment/award of ECHEMI, the judgment/award shall be the basis for enforcement. Once the court judgment/arbitration award takes effect, both parties agree to provide ECHEMI with a copy of the judgment/award, and both parties shall voluntarily and consciously implement the judgment/award, if one party fails to perform, the other party may apply to the court for enforcement.

(4)If any party files a lawsuit or arbitration before initiating a valid complaint or during ECHEMI's intervention in mediation, ECHEMI will not accept the complaint application or immediately stop the mediation. If litigation or arbitration is initiated after the agreed time limit, even if the court judgment/arbitration award is inconsistent with ECHEMI's handling results, the matter shall be resolved by both parties themselves. Both parties agree not to raise any claims against ECHEMI and agree to indemnify ECHEMI.

 

V. Violations Types and Penalty Measures

1.Violation types and ECHEMI penalty handling standards
At present, ECHEMI mainly calculates the penalty for violations in the form of cumulative penalty points. Different types of violations correspond to different handling rules, and the punishment is handled according to the different results after ECHEMI coordination. The rules involved in the platform punishment include: ECHEMI Platform Complaint Penalty RulesAnnouncement on the list of prohibited sales of Prohibited and Controlled Items on ECHEMIRules of Restriction for Prohibited Products TradingRule for Prohibition of Selling Illicit Drugs, Drug Precursors and Other Prohibited Items and Reference, and intellectual property infringement rules, all the above acts are uniformly punished by the cumulative deduction system.

Violation Types

Violation Actions

Violation Actions Specific

ECHEMI Penalty Handling Standards

Order Disputes

Inappropriate Comments or Behavior

In the process of transaction and communication between the two sides, there are contents of the nature of insult, slander, rumor spreading and inciting hatred.

ECHEMI will contact both parties to the dispute as soon as possible to understand the problems in the communication and collect relevant evidence for dispute settlement.

Failure to Perform Contractual Agreement

1. The goods actually delivered by the seller do not meet the agreed requirement in the transaction contract (including but not limited to, the material/component content/category/safety standard of the goods not corresponding to the agreed requirements, the loss of the major functions or unavailability for use of the goods, quality not up to standard, short shipment);
2. The seller fails to give the buyer discounts, gifts, services and other benefits than the subject matter of the transaction as agreed;
3. The seller fails to provide the buyer with samples or after-sales services such as return and replacement of goods, package, transportation and quality warranty as agreed;
4. The Seller fails to comply with other undertakings (unless otherwise provided).

1. It is recommended that both parties to the dispute coordinate and resolve the dispute on their own. If the resolution fails, contact ECHEMI.
2. After ECHEMI determines the liability, if the responsible party is the seller, the seller needs to re-send the goods or refund the order, and the buyer needs to cooperate with the seller to send the existing goods back intact.
3. After ECHEMI determines the liability, if the responsible party is the buyer, it is recommended to deal with the following according to the actual situation:
1) If the buyer does not specify the quantity of the goods prior to order confirmation and delivery, the buyer may choose to reorder or negotiate other reasonable options with the seller;
2) If the buyer does not specify the goods category before the order confirmation and delivery, resulting in the actual goods inconsistent with the order, the buyer may communicate with the seller to re-purchase; The goods shall be returned to the seller in their original condition, and the freight shall be borne by the buyer or other reasonable plans shall be negotiated with the seller.

Delayed Delivery

1. The seller has delivered the goods when the dispute is accepted, but the seller has not delivered the goods within the time limit agreed by the transaction contract or both parties;
2. The seller fails to deliver the goods when accepting the dispute.

1. ECHEMI will contact both parties to the dispute asap, collect information related to the order and understand the situation of the complaint order, and handle the dispute.
2. ECHEMI will determine the responsibility according to the order situation. If the responsibility belongs to the seller and the goods are overdue, the seller shall ship the goods within 3 working days asap. If the seller fails to deliver the goods due to shortage of goods, the buyer may choose to ask the seller to return the payment or wait for the expected delivery time of the seller; If the seller has already delivered the goods, the seller shall be punished according to the penalty standard of the platform points deduction according to the actual situation, and the seller shall actively cooperate.
3. ECHEMI will determine liability according to the order situation, and if the responsibility belongs to the buyer, the buyer shall cooperate asap according to the situation.

Goods not Received

The seller has delivered the goods but the buyer has not received them.

1. ECHEMI will contact both parties to the dispute asap, collect information related to the order and understand the situation of the complaint order, and handle the dispute.
2. If the buyer fails to receive the goods due to force majeure factors such as natural disasters, strikes, riots, wars, government acts, judicial administrative orders, etc., the seller shall actively cooperate with the buyer to provide explanations and reasonable solutions.
3. If the buyer fails to receive the goods as scheduled due to the wrong address or other reasons caused by the seller, the seller shall actively cooperate, reship the goods or negotiate other reasonable remedies with the buyer.
4. If the buyer does not receive the goods as scheduled due to its own reasons such as the wrong address provided by the buyer, the solution shall be provided according to the actual situation.
5. If the goods cannot be delivered on time due to customs inspection, the seller shall actively cooperate with the buyer to explain, if the goods are detained, the seller shall timely reissue the goods or negotiate other reasonable remedies with the buyer.

Provide False Credentials

In violation of laws and regulations or the rules of the platform, providing forged, false, altered evidence or using others' credentials in the process of dispute negotiation or dispute settlement.

1. ECHEMI will determine whether there is any violation according to the tripartite evaluation, and deduct points or punish according to the rules of the platform.
2. If a false tracking number is provided (the tracking number cannot find the transportation information, the status is not updated for a long time or the recipient information is inconsistent with the buyer information, etc.), ECHEMI will judge the responsible party as the party providing the tracking number, and the responsible party shall bear the main responsibility and punishment.

Fraud

1. If the seller refuses to deliver the goods after receiving the payment for the order from the buyer and refuses to refund the payment to the buyer, the supplier shall be deemed to have cheated the buyer;
2. If the buyer purchases the goods on credit or by installment, and the buyer refuses to pay the remaining payment to the supplier after receiving the goods and does not return the goods, the buyer shall be deemed to have defrauded the supplier;
3. The seller has serious short-shipment, selling fake and shoddy goods and other fraudulent acts.

1. It is recommended that both parties to the dispute coordinate and resolve the dispute on their own. If the resolution fails, contact ECHEMI.
2. If any party can provide relevant evidence and the facts are clearly determined, ECHEMI will punish the responsible party by deducting points, limiting rights, closing the account, etc., in accordance with the punishment rules for trading violations.
3. If the amount of the case is higher, it is recommended that the complaining party file a lawsuit/arbitration within the agreed time limit. If either party files a lawsuit or arbitration, ECHEMI will not accept the complaint application or immediately stop the mediation, and the penalty will be imposed on the basis of the judgment/award.

Intellectual Property Infringement Disputes

Trademark Infringement

The published goods or information is suspected of improper use of the trademark rights of others, or cause unfair competition.
1.Serious Violations: without the permission of the right holder, the use of a trademark identical or similar to its registered trademark or other trademark use on the same product or its packaging that is published or sold;
2.General violation: other acts of improper use of another's trademark without the permission of the right holder.

1. The complainant is the trademark owner and does not accept complaints from third parties.
2. After receiving a complaint from the trademark owner, ECHEMI will contact the complained party to confirm the situation asap. If the complained party is not the trademark owner or cannot provide the certificate of authorization of the trademark owner, the complained party shall change or delete the relevant information immediately.
3. The response period of the complained party is 3 working days. If there is no response after the expiration, it will be handled according to the establishment of the complaint, and ECHEMI will change or delete the information involved.
4. If the infringement is true, ECHEMI will deduct points or punish according to the rules, depending on the seriousness of the violation.

Patent Infringement

The products or information published are suspected of improper use of others' patent rights, or acts that cause unfair competition.
1.Serious Violations: depends on the circumstances of the patent infringement case;
2.General violation:publishing, selling or promising to sell products containing the patents of others (including design patents, utility model patents or invention patents, etc.) without the permission of the right holder, and other improper use of the patents of others without the permission of the patentee.

1. The complainant is the patent owner and does not accept complaints from third parties.
2. After receiving a complaint from the patent owner, ECHEMI will contact the complained party to confirm the situation asap. If the complained party is not the patent owner or cannot provide the certificate of authorization of the patent owner, the complained party shall change or delete the relevant information immediately.
3. The response period of the complained party is 3 working days. If there is no response after the expiration, it will be handled according to the establishment of the complaint, and ECHEMI will change or delete the information involved.
4. If the infringement is true, ECHEMI will deduct points or punish according to the rules, depending on the seriousness of the violation.

Identity Infringement

The act of using other people's information without the authorization of the information owner, including but not limited to unfair competition of enterprise name, fraudulent use of others' contact information, fraudulent use of others' certificates, fraudulent use of enterprise office information, etc.
1.Serious Violations:
1)False use of another person's company name information;
2)False use of other’s contact information;
2.General violation:
1)False use of other’s certificates;
2)False use of other’s office address;
3)Others.

1. The complainant is the information owner and does not accept complaints from third parties.
2. After receiving a complaint from the information owner, ECHEMI will contact the complained party to confirm the situation asap. If the complained party is not the information owner or cannot provide the certificate of authorization of the information owner, the complained party shall change or delete the relevant information immediately.
3. The response period of the complained party is 3 working days. If there is no response after the expiration, it will be handled according to the establishment of the complaint, and ECHEMI will change or delete the information involved.
4. If the infringement is true, ECHEMI will deduct points or punish according to the rules, depending on the seriousness of the violation.

Image Infringement

The act of publishing images without the permission of the owner.

1. The complainant is the image owner and does not accept complaints from third parties.
2. After receiving a complaint from the image owner, ECHEMI will contact the complained party to confirm the situation asap. If the complained party is not the image owner or cannot provide the certificate of authorization of the image owner, the complained party shall change or delete the relevant information immediately.
3. The response period of the complained party is 3 working days. If there is no response after the expiration, it will be handled according to the establishment of the complaint, and ECHEMI will change or delete the information involved.
4. If the infringement is true, ECHEMI will deduct points or punish according to the rules, depending on the seriousness of the violation.

Post Prohibited Product Information

Post or Describe Product Information that is Prohibited from being Sold on ECHEMI

Psychotropic and Narcotic Products and Drug Related Products Related Regulations involve:
1. The three departments issued a notice on May 1 to implement the entire class of fentanyl substances;
2. The list of Precursor Chemicals Category I and Category II;
3. The list of Precursor Chemicals Category III;
4. Announcement on the inclusion of 18 substances, including synthetic cannabinoids and fluoroamine, in the Supplementary List of Controlled Varieties of Non-medicinal Narcotic Drugs and psychotropic Substances;
5. Drugs with Structured Products;
6. Precursor Chemicals including Methyl 3-oxy-2-phenylbutanoate, 3-oxy-2-phenylbutanamide, 2-methyl-3 -[3,4-(methylenedioxy) phenyl] glycolic acid,  2-methyl-3 -[3,4-(methylenedioxy) phenyl] methyl glycolic glycerate, phenylacetonitrile and γ -butanolactone;
7. The list of Narcotic Drugs and Psychotropic Drugs;
8. Announcement of the State Drug Administration, the Ministry of Public Security and the National Health Commission on Adjusting the List of Narcotic Drugs and Psychotropic Substances (No. 43 of 2023);
9. Remazolam was included in the Second Category of Psychotropic Drugs Administration;
10. Oxycodone Compound Preparations and Other Varieties shall be included in the Administration of Psychotropic Drugs;
11. Fentanyl-related Substances.

1. ECHEMI gives new users the opportunity to remind them of two violations without deduction of points for certain violation actions, but from the third violation, they will be dealt with according to the penalty rules of the platform.
2. All online products and removed products, including the text description and pictures of the products are within the scope of the platform inspection, and any violation will be punished according to relevant rules; All penalties are determined by dealing with the facts of the current violation.
3. ECHEMI will remove or delete the relevant products and deduct points according to the regulations of the platform.
4. If a single piece of product information uploaded involves multiple violation information, one-time penalty will be deducted according to the highest penalty standard in the hit regulations.
5. Violations are particularly serious (for example, malicious violations, the platform reasonably determines that the account user or other accounts under its control have been punished for serious violations, the user of the account or other accounts controlled by the user are investigated by domestic and foreign regulatory authorities, or the platform has no reason to believe that there are major suspects and other circumstances that seriously affect the management order of the platform or cause certain negative effects), ECHEMI has the right to immediately unilaterally terminate the contract, close the account, and do not refund the remaining service fees; It is also entitled to be subject to publicity on the ECHEMI platform and/or other media, associated penalties and/or permanent non-cooperation.

Non-medicinal Used Psychotropic and Narcotic Products and Drug Related Products Related Regulations involve:
1. Controlled Products of Non-medicinal Used Psychotropic and Narcotic Products;
2. Announcement of the Ministry of Public Security and Other Three Departments on the inclusion of 32 Substances such as 4-chloroethylcathinone in the Additional List of Controlled Varieties of Non-medicinal Narcotic Drugs and Psychotropic Drugs;
3. Announcement on the inclusion of Four Substances, including N-methyl-N - (2-dimethylamino-cyclohexyl) -3, 4-dichlorobenzamide (U-47700), in the Supplementary List of Controlled Varieties of Non-medicinal Narcotic Drugs and psychotropic Drugs;
4. Notice of the Food and Drug Administration and the National Health and Family Planning Commission on Strengthening the Administration of Codeine-containing Compound Oral Liquid Preparations.

Highly Toxic, Easily Explosive, DEA Products and Controlled Substances List involve Regulations:
1. List of Highly Toxic Chemicals;
2. List of Explosive Hazardous Chemicals;
3. DEA Regulatory Catalog;
4. Category I of Medical Device;
5. ECHEMI Controlled Substances List.

Stimulants Related Regulations involve:
1. List of Stimulants

Conduct Illegal Operations by Using Platform Vulnerabilities

1. Malicious word changes and dismantling of words to publish banned product information;

2. Malicious split or use fake Cas No. and product name in the position of Cas No. / Product name/ Product keyword/ detail description and product name;

3. Use personal means to maliciously circumvent system review and display prohibited information on all prohibited and restricted products in product pictures, company display information, etc.

4. Release information on prohibited products such as medical equipment and machine, and finished drugs.  

Publish Inquiries for Prohibited Products

Post or Describe Product Purchasing Information that is Prohibited from being Sold on ECHEMI Platform

Psychotropic and Narcotic Products and Drug Related Products Related Regulations involve:
1. The three departments issued a notice on May 1 to implement the entire class of fentanyl substances;
2. The list of Precursor Chemicals Category I and Category II;
3. The list of Precursor Chemicals Category III;
4. Announcement on the inclusion of 18 substances, including synthetic cannabinoids and fluoroamine, in the Supplementary List of Controlled Varieties of Non-medicinal Narcotic Drugs and psychotropic Substances;
5. Drugs with Structured Products;
6. Precursor Chemicals including Methyl 3-oxy-2-phenylbutanoate, 3-oxy-2-phenylbutanamide, 2-methyl-3 -[3,4-(methylenedioxy) phenyl] glycolic acid,  2-methyl-3 -[3,4-(methylenedioxy) phenyl] methyl glycolic glycerate, phenylacetonitrile and γ -butanolactone;
7. The list of Narcotic Drugs and Psychotropic Drugs;
8. Announcement of the State Drug Administration, the Ministry of Public Security and the National Health Commission on Adjusting the List of Narcotic Drugs and Psychotropic Substances (No. 43 of 2023);
9. Remazolam was included in the Second Category of Psychotropic Drugs Administration;
10. Oxycodone Compound Preparations and Other Varieties shall be included in the Administration of Psychotropic Drugs;
11. Fentanyl-related Substances.

If the facts are established, points or penalties will be deducted according to the rules of the platform.

Spamming False Information

Post False or Phish Information

1. The headlines describe violations, false prices, and false MOQs;
2. Publishing false company or product introductions, exaggerating company strength or product efficacy, etc
3. Issue false inquiries to extract prices from sellers on the platform or disrupt the normal operation order of the platform;
4. Publish phishing information to extract user's private information or account password, etc.

ECHEMI will verify the authenticity of the information as soon as possible and require relevant responsible parties to provide relevant evidence materials. If the facts are established, points or penalties will be deducted according to the rules of the platform.

Refuse to Cooperate with the Mediation or Comply with the Punishment

Refuse or Fail to Fulfill the Settlement Agreement upon Negotiations, or Refuse to Cooperate with ECHEMI to Solve the Dispute

1.Refuse or fail to fulfill the settlement agreement upon negotiations or the decision made by ECHEMI in dispute mediation;
2.Refuse to actively cooperate with the platform for dispute mediation and handling.

If the facts are established, points or penalties will be deducted according to the rules of the platform.

Remarks:
1. The above list is not exhaustive of all violations of the ECHEMI service agreement or relevant rules, ECHEMI has the right to deal with the user according to its independent judgment, including but not limited to termination of the service provided to the user. Specific violations are dealt with in the corresponding rules.
2.ECHEMI reserves the right to unilaterally terminate the membership agreement or service contract, directly close the user's account and, in its sole discretion, all accounts associated with it, and/or to implement other measures ECHEMI deems appropriate if the circumstances of the serious infringement are particularly serious or if the user is prosecuted by a judicial/law enforcement authority for the infringement.

2.Penalty Period
The penalty points are accrued over the course of the conduct year, which means that the penalty points are recorded for 365 days for each violation. The user's violation of the deduction will be cleared one year after the date of the deduction (if the violation of the deduction occurs on January 31, 2024, the deduction will be cleared on January 30, 2025), except for the closure of the account due to the deduction of more than 48 points.

 

3.Penalty Standard for Non-compliance(48 Points Cumulative Deduction System)

Complainant

Respondent

Violation Types

Violation Actions Specific

Responsible Party

Handling Results

Point Deduction / Penalty

Buyer Account

Supplier Account

Order Disputes

Inappropriate Comments or Behavior   

Respondent

Solution provided (first time)  

0

Solution provided (not the first time)

1

No solution provided  

3

Complainant

Feedback false information  

0

Failure to Perform Contractual Agreement

Respondent

Solution provided 

1

No solution provided  

3

Complainant

Feedback false information  

48

Delayed Delivery  

Respondent

Solution provided 

1

No solution provided  

3

Complainant

Feedback false information  

0

Goods not Received

Respondent

Solution provided (Force majeure)

0

No solution provided (Force majeure)   

1

Solution provided (Non-force majeure) 

1

No solution provided (Non-force majeure)   

3

Complainant

Feedback false information  

48

Provide False Certificates  

Respondent

Providing invalid or irrelevant tracking number and shipping certificates        

6

Providing forged, false or fictitious evidence  

12

Complainant

Providing forged, false or fictitious evidence

48

Fraud

Respondent

Solution provided 

12

No solution provided  

48

Complainant

Feedback false information  

48

Post Prohibited Product Information   

Post or describe product information that is prohibited from being sold on ECHEMI platform            

Respondent

Psychotropic and narcotic products and drug related products        

6

Non-medicinal used psychotropic and narcotic products and drug related products

3

Highly Toxic, Easily Explosive, DEA Products and Controlled Substances List       

1

Stimulants Related Products

0.5

Malicious word changes and dismantling of words to publish banned product information         

3

Intellectual Property Infringement Disputes   

Trademark Infringement 

Respondent

Serious Violations 

12

General violation (first time)  

0

General violation (not the first time)  

3

Patent Infringement 

Respondent

Serious Violations 

12

General violation (first time)  

0

General violation (not the first time)  

3

Identity Infringement 

Serious Violations 

48

General violation (first time)  

0

General violation (not the first time)  

6

Image Infringement 

Complaint established (first time)  

0

Complaint established  (not the first time)   

2

Spamming false information  

Post False or Phish Information    

False Inquiry 

6

False Company Propaganda  

3

False Product Propaganda  

1

Phishing Information 

48

Non-platform user

Buyer Account

Intellectual property infringement disputes   

Identity Infringement 

Respondent

Serious Violations 

48

Non-platform user

Supplier Account

Intellectual property infringement disputes   

Trademark Infringement 

Respondent

Serious Violations 

12

General violation (first time)  

0

General violation (not the first time)  

3

Patent Infringement 

Serious Violations 

12

General violation (first time)  

0

General violation (not the first time)  

3

Identity Infringement 

Serious Violations 

48

General violation (first time)  

0

General violation (not the first time)  

6

Image Infringement 

Complaint established (first time)  

0

Complaint established  (not the first time)

2

Spamming False Information  

Publishing False Propaganda  

Respondent

False Company Propaganda  

3

False Product Propaganda  

1

Supplier Account

Buyer Account

Order Disputes

Inappropriate comments or behavior   

Respondent

Solution provided 

0

No solution provided  

12

Complainant

Feedback false information  

0

Failure to perform contractual agreement     

Respondent

Solution provided 

0

No solution provided  

48

Complainant

Feedback false information  

1

Providing false credentials  

Respondent

Providing forged, false or fictitious evidence  

48

Complainant

Providing forged, false or fictitious evidence  

3

Fraud

Respondent

Solution provided 

0

Underpayment or refusal to pay after receiving the goods         

48

Complainant

Feedback false information  

1

Publish inquiries for prohibited products    

Post or describe product purchasing information that is prohibited from being sold on ECHEMI platform              

Respondent

Psychotropic and narcotic products and drug related products        

48

Spamming false information  

Post false or phishing information    

Respondent

False Inquiry 

48

Phishing Information 

48

Supplier Account

Supplier Account

Order Disputes

Inappropriate comments or behavior   

Respondent

Solution provided (first time)  

0

Solution provided (not the first time)   

1

No solution provided  

3

Complainant

Feedback false information  

0

Failure to perform contractual agreement     

Respondent

Solution provided 

1

No solution provided  

3

Complainant

Feedback false information  

1

Delayed delivery  

Respondent

Solution provided 

1

No solution provided  

3

Complainant

Feedback false information  

0

Goods not received 

Respondent

Solution provided (Force majeure)

0

No solution provided (Force majeure)   

1

Solution provided (Non-force majeure)  

1

No solution provided (Non-force majeure)   

3

Complainant

Feedback false information  

1

Providing false credentials  

Respondent

Providing invalid or irrelevant tracking number and shipping certificates        

6

Providing forged, false or fictitious evidence 

12

Complainant

Providing forged, false or fictitious evidence   

3

Fraud

Respondent

Solution provided 

12

No solution provided  

48

Complainant

Feedback false information  

1

Intellectual property infringement disputes   

Trademark Infringement 

Respondent

Serious Violations 

12

General violation (first time)  

0

General violation (not the first time)  

3

Patent Infringement 

Respondent

Serious Violations 

12

General violation (first time)  

0

General violation (not the first time)  

3

Identity Infringement 

Respondent

Serious Violations 

48

General violation (first time)  

0

General violation (not the first time)  

6

Image Infringement 

Respondent

Complaint established (first time)  

0

Complaint established  (not the first time)

2

Post prohibited product information   

Post or describe product information that is prohibited from being sold on ECHEMI platform            

Respondent

Psychotropic and narcotic products and drug related products        

6

Non-medicinal used psychotropic and narcotic products and drug related products 

3

Highly Toxic, Easily Explosive, DEA Products and Controlled Substances List      

1

Stimulants Related Products 

0.5

Publish inquiries for prohibited products    

Post or describe product purchasing information that is prohibited from being sold on ECHEMI platform              

Respondent

Psychotropic and narcotic products and drug related products        

12

Spamming false information  

Post false or phishing information    

Respondent

False Inquiry 

6

False Company Propaganda  

3

False Product Propaganda  

1

Phishing Information 

48

ECHEMI

Supplier Account

Rule-breaking operations  

Conduct illegal operations by using platform vulnerabilities to post prohibited products information       

Respondent

Malicious word changes and dismantling of words to publish banned product information         

3

 Release information on prohibited products such as medical equipment and machine, and finished drugs

3

Supplier Account

Refuse to cooperate with the mediation or comply with the punishment

Refuse or fail to fulfill the settlement agreement upon negotiations, or refuse to cooperate with ECHEMI to solve the dispute

Respondent

Refuse or fail to fulfill the settlement agreement upon negotiations or the decision made by ECHEMI in dispute mediation

3

Refuse to actively cooperate with the platform for dispute mediation and handling

3

Buyer Account

Refuse or fail to fulfill the settlement agreement upon negotiations or the decision made by ECHEMI in dispute mediation

12

Refuse to actively cooperate with the platform for dispute mediation and handling

12

Supplier Account

Publish inquiries for prohibited products    

Post or describe product purchasing information that is prohibited from being sold on ECHEMI platform              

Respondent

Psychotropic and narcotic products and drug related products        

12

Buyer Account

Respondent

Psychotropic and narcotic products and drug related products        

48

Supplier Account

Post prohibited product information   

Post or describe product information that is prohibited from being sold on ECHEMI platform            

Respondent

Psychotropic and narcotic products and drug related products        

6

Respondent

Non-medicinal used psychotropic and narcotic products and drug related products

3

Respondent

Highly Toxic, Easily Explosive, DEA Products and Controlled Substances List      

1

Respondent

Stimulants Related Products 

0.5

 

4.Points Cumulatively Deducted Penalty Standard for Violations

Penalty Points Cumulatively Incurred Responsible Party Penalty Level Penalty Measures Permission Disable Action Definition
0.5 Points Supplier Account Warning Warning of Penalty against Non-compliance on ECHEMI Warning notice by message and email
12 Points Level I Violation Platform functions are restricted for 7 days. 1. Search block: block product search impression and store search impression.
2. Site promotion restrictions: remove homepage promotion and product recommend, close keywords ranking ads, gold booth, homepage ads, brand pavilion and other information displayed.
3. Restrict product releases and edits.
24 Points Level II Violation Platform functions are restricted for 14 days. 1. Search block: block product search impression and store search impression.
2. Site promotion restrictions: remove homepage promotion and product recommend, close keywords ranking ads, gold booth, homepage ads, brand pavilion and other information displayed.
3. Restrict product releases and edits.
4. Close quote functions: Close shop inquiry quote and RFQ quote functions (no matched inquiry receiving and can not quote).
36 Points Level III Violation Platform functions are restricted for 21 days. 1. Search block: block product search impression and store search impression.
2. Site promotion restrictions: remove homepage promotion and product recommend, close keywords ranking ads, gold booth, homepage ads, brand pavilion and other information displayed.
3. Restrict product releases and edits.
4. Close quote functions: Close shop inquiry quote and RFQ quote functions (no matched inquiry receiving and can not quote).
5. Off-site promotion canceled: the remaining unused rights and interests of EDM, LinkedIn, TIKTOK, wechat, and ECHEMI magazine promotion are cleared and will not be restored.
6. Cannot attend the buyer match meeting.
48 Points Level V Violation Account frozen. The store is closed (the seller's system cannot log in, the front desk of the website does not have this store) and the use rights of other purchased services are closed until the contract expires; The company name is blacklisted and never renewed.
12 Points Buyer Account Level IV Violation Platform functions are restricted for 30 days. Freeze the inquiry posting function and other purchased services.
48 Points Level V Violation Account frozen. Closed the buyer account.
Remarks:
1. Points are accrued over the course of the conduct year, which means points are deducted for 365 days for each violation. Except for those whose accounts have been frozen.
2. The penalty method for the accumulation of points does not conflict with the penalty during the dispute settlement period, and can be combined with the penalty required during the dispute settlement period.
3. If the user accumulates 36 or more penalty points, ECHEMI has the right to refuse or restrict the user's participation in various off-site promotion, marketing activities, or the use of products/services.
4. If the user's violation is particularly serious, ECHEMI has the right to immediately unilaterally terminate the contract, close the account, and not refund the remaining service fees; ECHEMI also has the right to publish on the ECHEMI website and/or other media, impose associated penalties and/or permanently refuse to cooperate.
5. The service period is normally calculated during the closing period of the store permission, and the service period will not be extended in any form.
6. The above list is not exhaustive of all violations of the ECHEMI Platform Service Agreement or related rules, ECHEMI has the right to deal with the user in its independent judgment, including but not limited to termination of the service provided to the user. Specific violations are dealt with in the corresponding rules.

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