Sección 7. Online Transactions

7.1 Bees for Bees shall provide services (the “Transaction Services”) consisting on facilitate Registered Users of the Websites to place, accept, conclude, manage and fulfill purchase orders for the provision of products and services online within the Websites (“Online Transactions”), which may include certain services which will be either supported by Bees for Bees or its affiliates. Bees for Bees reserves the right to change, upgrade, modify, limit or suspend the Transaction Services or any of its related functionalities or applications at any time temporarily or permanently without prior notice without any liability for any losses or damages arising out of or in connection with such suspension or termination. Bees for Bees further reserves the right but shall not be obliged to introduce new features, functionalities or applications to the Transaction Services or to future versions of the Transaction Services. All new features, functionalities, applications, modifications, upgrades and alterations shall be governed by this Terms and Conditions of Use unless otherwise expressly stated by Bees for Bees. However, for any Services, Bees for Bees does not represent either the Seller or the Buyer in specific transactions. Moreover, Bees for Bees does not control and is not liable or responsible for the quality, safety, lawfulness or availability of the Products or services offered for sale on the Websites, the ability of the Sellers to complete a sale or the ability of Buyers to complete a purchase.

7.2 The Transaction Services are only available to Registered Users of the Websites.  If your subscription to the paid or free membership of the Websites expires or is terminated early for any reason, you are not eligible to use the Transaction Services.  In the event that you have a valid Online Transaction at the point at which your paid or free membership registration on the Websites is terminated Bees for Bees shall have the full discretion and authority to refund to Buyer and/or release to Seller (both Buyer and Seller as defined below) all or part of the funds under the Online Transactions as Bees for Bees considers appropriate in its sole discretion.   If you are a Seller, you are required to provide a valid bank account subject to verification and confirmation by Bees for Bees and our affiliates.

7.3 The Transaction Services are solely available to those types of Online Transactions permitted by Bees for Bees. Moreover, Bees for Bees may limit any or all of the Transaction Services to a specified group of members in accordance with this Terms and Conditions of Use. No warranty or representation is given that the same type and extent of transactions, benefits, features and functions will be available to all members.

7.4 Users are hereby made aware that there may be risks of dealing with people acting under false pretenses.  Bees for Bees uses several techniques to verify the accuracy of certain information the Registered Users provide us when they register an account on the Websites, or for a paying membership service on the Websites.  However, because user verification on the Internet is difficult, Bees for Bees cannot and does not confirm each User’s purported identity (including, without limitation, Registered Users or paying users). We encourage you to use various means, as well as common sense, to evaluate with whom you are dealing.

7.5 Buyers and Sellers accessing or using the Websites or Services shall assume the risks of conducting any purchase and sale transactions in connection with or through the Websites or Services. Buyer and sellers accessing or using the Websites or Services shall also fully assume all risks of liability or harm of any kind arising out of or in connection with any subsequent activity relating to the products or services that are the subject of the transactions on the Websites. Examples of such risks shall include, but are not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory product quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract, transportation accidents, the risk that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Sites may violate or may be asserted to violate Third Party Rights, and the risk that Users may incur costs of defense or other costs in connection with third parties’ assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to the assertion of rights, demands or claims by claimants of Third Party Rights. Examples of such risks also include the risk of claims from consumers, other purchasers, end-users of products or other third parties that they have suffered injuries or harm from their use of the products obtained through the Sites or Services. All of the foregoing risks are referred to as “Transaction Risks“.  Bees for Bees is not liable or responsible for any damages, claims, liabilities, costs, harm, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks.

7.6 Buyers and Sellers on the Sites are solely responsible for setting out and performance of the terms and conditions of the transactions conducted on, through or as a result of use of the Websites or Services, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage, subject to any additional obligations imposed under this Terms and Conditions of Use. Buyer and Seller shall execute a purchase contract, in form of a proforma invoice, generated through the Websites, which shall provide the main terms and conditions agreed between the Seller and the Buyer in connection with a relevant Online Transaction (the “Purchase Contract”). Seller and Buyer expressly agree that for such Purchase Contracts for a total value of USD$250,000.00 (Two Hundred and Fifty Thousand Dollars 00/100, legal currency of the United States of America), their consent granted by electronic means under the Websites shall be sufficient, in the understanding that for such Purchase Contracts above USD$250,000.00 (Two Hundred and Fifty Thousand Dollars 00/100, legal currency of the United States of America), an advanced electronic signature (firma electronica avanzada) or wet-ink signatures shall be required.

7.7 User agrees to provide all information and materials as may be reasonably required by Bees for Bees in connection with your transactions conducted on, through or as a result of use of the Sites or Services.   Bees for Bees has the right to suspend or terminate any User’s account if the User fails to provide the required information and materials without liability for any losses or damages arising out of or in connection with such suspension or termination.

7.8 The products or services of an Online Transaction using the Transaction Services must be lawful items and must not be otherwise prohibited or restricted by the Terms or the applicable law you shall not use the Transaction Services in connection with any Online Transaction that:

(a) may infringe Bees for Bees or any third party’s legitimate or proprietary rights including but not limited to copyright, trademark right, patent or other intellectual property rights;

(b) may be in breach of the applicable law or may include any illegal items; and

(c) may be in breach of the Terms.

Bees for Bees shall have the right to refuse or cancel any Online Transaction which it determines in its sole discretion to be in breach of the Terms, any regulations or policies issued by Bees for Bees or the applicable law.

User may not post, offer or sell any good, product or item that is in any way illegal, prohibited, restricted or controlled in Mexico or in the jurisdiction in which Buyer or Seller is located (the “Prohibited Products”). Such Prohibited Products shall include, without limitation, the following:

1. Drugs and Drug Related Items:

1. Illegal Substances, including but not limited to, narcotics, psychotropic drugs, synthetic drugs, hallucinogens, tranquilizers, steroids or any other drugs or illegal or controlled substances.

1. Drug precursors, meaning any chemicals or substances that, although may be used for the manufacture of legal products, they can also be used for the production of drugs.

1. Drug Paraphernalia, meaning any items designed for or used primarily in the manufacture, packaging, concealment, smuggling or use of any illegal substances, such as pipes or any kind, bongs, among others.

1. Medical drugs, meaning prescription drugs of any kind, including psychotropic drugs and narcotics, sexual enhancement supplements and drugs for veterinary use.

2. Hazardous Materials:

1. Explosives, explosive chemicals, ignition and detonation equipment, as well as items including explosive materials, such as airbags.

1. Radioactive materials and substances, as well as any item containing such.

1. Poison, poisonous or toxic chemicals or substances.

1. Hazardous or dangerous material or substances, including ozone depleting substances, fireworks, firecrackers, and any other harmful or forbidden chemicals, substances or materials, as well as any items that include hazardous materials or substances, such as toys containing lead paint.

3. Weapons:

1. Firearms and ammunitions, including but not limited to, arms, munitions, guns, military ordnance, explosive weapons, harpoons, spearguns, any weapon or projectile that may discharge any gas, chemical or explosive substance, as well as any parts or components of such.

1. Other weapons that may cause injury or physical harm to a person, including but not limited to, crossbows, sharpened swords, tasers and stun guns. Knives that are not intended to be used as weapons, such as kitchen knives, may be listed.

1. Related products, such as manuals, instructions, materials or processes to create or manufacture any weapons, whether physical, biological, chemical, nuclear or otherwise.

4. Violations to Intellectual Property Rights:

1. Piracy: Any unauthorized copies, duplicates or bootlegs of software, music, videogames, movies, series, books, photographs or any other works protected by copyright, industrial or intellectual property laws.

1. Counterfeit Items, including, non-licensed replicas of designer clothing and accessories, as well as clothing items or accessories that include a trademark, logo or brand of a company without the due authorizations.

1. Items including the likeness, image, name or signature of a person, living or dead, without the due authorizations by the relevant person.

5. Government Documents, Uniforms, Batches and Awards:

1. Official documents or documents issued by governmental authorities, including but not limited to, passports, divers licenses, visas, and other identity documents, birth certificates, permits, authorizations, holograms, collage degrees, among others. As well as media, documents or any other means that contain state secrets or confidential government information.

1. Uniforms of the police, armed forces, military or other law enforcement or government authority, as well as any clothing item that is similar or resembles such uniforms to the point of confusion.

1. Badges used to identify the police, law enforcement officers, government officials, or members of the military or armed forces.

1. Awards, medals, insignias and other decorations given to veterans, members of the military, the police, law enforcement or others given by the government.

6. Equipment Exclusively Designed to Carry Out Illegal Activities

1. Descramblers, including but not limited to, hackings software, DDS emulators, smart cards, and other products whose purpose is to allow access to television services, internet or telephone services, cellular phone services, cellular phone data, software and any other services without paying for such services.

1. Manuals, instructions and other information on how to gain unauthorized access to television services, internet or telephone services, cellular phone services, cellular phone data, software and any other services without paying for such services.

1. Devices intended to interfere or block radio communications, telephone signal, cellular phone signal and data, wi-fi and other internet communications, radars and global positioning systems (GPS).

1. Spy equipment and other devices used to intercept and access communications of any kind, including oral or written, whether carried out through analogue or electronic means, including cellular, radio, internet, wire or any other communications.

1. Bank card readers or any other device used to illegally or without authorization access the information stored in credit, debit or any other kind of bank card.

7. Other Prohibited Items

1. Stolen property of any kind, including goods stolen from individuals or subtracted or distributed without authorization form a company or government entity.

1. Any products, goods, services and items prohibited by the laws and regulations of the place in which Bees for Bees, Seller and/or Buyer are located or that could otherwise be applicable to the sale and purchase transaction are strictly forbidden.

1. The Seller is solely responsible for the legality of any products, goods, items or services posted, sold and distributed. However. Seller also acknowledges that Bees for Bees may, at its own discretion remove any listing and, if applicable, notify the competent authorities.

Notwithstanding the foregoing, Bees for Bees reserves the right to remove any items published in the Websites by a User, if at the discretion of Bees for Bees, such item may infringe or violate applicable laws and regulations and this Terms and Conditions of Use, including, without limitation, offensive materials, commercial instruments, pornographic materials, tobacco, among others.

7.9 Bees for Bees reserves the right, at our sole discretion, to refuse or cancel any Online Transaction for any reason without any liability for any losses or damages arising out of or in connection with such refusal or cancellation. Some situations that may result in an Online Transaction being rejected or canceled include where problems are identified by our credit and fraud control department, where Bees for Bees has reason to believe the Online Transaction is unauthorized, violates any law, rule or regulations or may otherwise subject Bees for Bees or any of our affiliates to liability. 

7.10 For any type of Online Transactions, Bees for Bees may impose additional restrictions, limitations and prohibitions as well as penalties for any violations to the Terms, any regulations or policies issued by Bees for Bees or the applicable law.

You expressly recognize and authorize Bees for Bees to record and keep communications logs, of all written communications between Seller and Buyer within the Websites, through the relevant chats or other communication means made available by Bees for Bees on the Websites, for them to communicate any matters in connection with the Online Transactions. It is expressly forbidden to use such communication means for any other purpose different from an Online Transaction, or to discuss or agree on closing a relevant Online Transaction that initially started through the Websites, outside the Websites. All communications between Buyer and Seller in connection with an Online Transaction shall be made exclusively through the communication means made available by Bees for Bees on the Websites. For purposes of the foregoing, you are not allowed to share any contact information of you to the other party to the Online Transaction for purposes of directly contacting such party to arrange closing such Online Transaction separately or out of the Websites. All Online Transactions initially started through the Websites, shall have to be closed and perfected using the Websites and Services. Bees for Bees shall, at its own discretion, be entitled to monitor, from time to time, any of such communications logs, and shall be authorized by you, to cancel any Online Transaction in breach of this Terms and Conditions of Use, or suspend or terminate any account of a Registered User in the Websites, in the event that Bees for Bees suspects that any Online Transaction is being made in violation of this Terms and Conditions of Use.

7.11 Seller and Buyer shall enter into an Online Transaction for products or services by completing, submitting and accepting an order online using the applicable standard order form on the Websites.  Seller and Buyer yourselves shall be responsible for ensuring that you have agreed to, and specified, all the relevant terms and conditions for the products or services in the relevant online order form, including but not limited to the pricing, quantity, specifications, quality standards, inspection, shipping etc., except in the case the Seller and the Buyer have agreed to be subject to an specific INCOTERM, otherwise the following shall apply:

1. for all transactions concluded on the Sites the Buyer shall be the importer on record for customs and taxation purposes, unless otherwise agreed upon between the Buyer and Seller,

1. for all transactions concluded on the Sites, all risks of damage and loss of products purchased by a Buyer under a transaction (will be borne solely by the Buyer upon physical delivery to the specified address),

1. c) Bees for Bees may refuse to process or cancel, without liability for any losses or damages arising out of or in connection with such refusal or cancellation, any Online Transaction which in Bees for Bees reasonable opinion, has insufficient information to constitute a binding contract,

1. d) for such transactions in process in which the Seller and Buyer did not properly agreed on all basic terms on the standard order form of the Websites related to an Online Transaction, such as quantity, specifications, quality standards, inspections, shipping, among others, the Seller and Buyer shall clarify in good faith any missing or misleading information, and in the event Seller and Buyer do not agree on such terms, both Seller and Buyer shall be equally responsible for the outcome of such Online Transaction.

1. e) unless otherwise agreed upon by Seller and Buyer, in the event that the Products are ready to be delivered by Seller and Buyer has not provided the necessary instructions for delivery, within 45 (forty five) calendar days counted from the date in which Seller provided notice to Buyer, any funds or forward payment received by the Trust Accounts, shall be released to Seller. Moreover if within 180 (one hundred and eighty) calendar days, counted from the date of the aforementioned notice, Buyer has not provided delivery instructions to Seller, Buyer shall lose any right or claim to the Products. However, if Seller still wished to deliver the Products, Buyer shall cover any storage expenses incurred on by Seller.

7.12 Seller and Buyer shall complete the Online Transaction according to the Terms and Conditions of Use and any regulations or policies issued by Bees for Bees and may only cancel any Online Transaction in accordance with and the Terms and Conditions of Use and any regulations or policies issued by Bees for Bees.

7.13 The User acknowledges that Online Transaction is made by and between a Seller and a Buyer only. Despite that Bees for Bees makes available the Transaction Services and, if applicable, may conduct formality review(s) of an Online Transaction, Bees for Bees shall not be considered as a party to the Online Transaction. Bees for Bees does not represent the Seller nor the Buyer in any Online Transaction, and will not be responsible for the quality, safety, lawfulness or availability of the products or services offered under any Online Transaction or the ability of either Seller or Buyer to complete any Online Transaction.  You agree that you will not hold Bees for Bees and our affiliates and agents liable for any losses, damages, claims, liabilities, costs and/or expenses arising from any Online Transactions, including any breach, partial performance or non-performance of the Online Transaction by the other party to the transaction.

7.14 Payment of Contract Price.  For any Online Transaction, Buyer agrees to pay the full transaction price listed for Online Transaction through the Websites. The funds are received in the Trust Accounts for the Seller´s benefit in accordance with this Terms and Conditions of Use. 

7.15 Please note that the payment methods available on the Websites may be provided by third-party financial providers.  If there is any chargeback or reversal of any payment requested by such third-party financial providers, Seller agrees that Bees for Bees has the right to refund the money so requested by the third-party financial provider without liability to Seller.  Bees for Bees will use reasonable efforts to assist you in participating in the dispute resolution process of the relevant third-party financial provider.  However, if the participation in the dispute resolution process is subject to additional fees, this will be at your own cost only.

7.16. You agree that any dispute arising between you and the other party to an Online Transaction will be handled by Bees for Bees who shall have the full right and power to make a determination for such dispute or to delegate or sub-contract such power to another party, pursuant to the provisions of Section 7.22 and any other applicable provision under this Terms and Conditions of Use. For purposes of the foregoing, you expressly agree to irrevocably appoint Bees for Bees as a good faith third party to handle such dispute.  Upon receipt of a dispute, Bees for Bees shall have the right to request either or both of Buyer and Seller to provide supporting documentation in connection with the Online Transaction, as set forth under Section 7.22. Moreover, you expressly authorize Bees for Bees to review any communications log between the Buyer and Seller.  You agree that Bees for Bees shall have the absolute discretion to reject or receive any supporting documentation. You also acknowledge that Bees for Bees is not a judicial or administrative authority and will make the determinations only as an ordinary non-professional person, in good faith, as Bees for Bees is being appointed by you to make such determinations. Any costs and expenses arise from any dispute shall be paid by the non-awarded party of the dispute. You agree that the final determination issued by Bees for Bees in good faith shall be binding between you and the other party to the Online Transaction, and therefore, Bees for Bees shall not have any liability or responsibility whatsoever in connection with assisting the parties to the Online Transaction during the process of resolving the relevant dispute, nor shall have any responsibility or liability in connection with the final determination issued by Bees for Bees. Further, we do not warrant that the supporting documentation that the parties to the dispute submit will be true, complete or accurate.  You agree not to hold Bees for Bees and our affiliates liable for any material which is untrue or misleading. You agree to release and indemnify Bees for Bees (and our agents, affiliates, directors, officers and employees) from all claims, lawsuits, actions, proceedings, costs, expenses and/or damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such dispute, and with the appointment of Bees for Bees as a good faith third party to the dispute to make the relevant determination.

7.17 You expressly acknowledge and agree that Bees for Bees shall have the full power, authority and discretion to reject or cancel an Online Transaction without any liability for any losses or damages arising out of or in connection with such refusal or cancellation and to make a determination on any dispute between Buyer and Seller including the remittance of the funds. You also acknowledge that this Terms and Conditions of Use may not cover all issues that may arise in connection with an Online Transaction.  You agree and accept that Bees for Bees shall have the right to modify or supplement the Terms and Conditions of Use at any time Bees for Bees considers appropriate having regard to the evidence received by us, commonly accepted principles and practices in the relevant industries and interests of both Buyer and Seller regardless whether the issue in question has been expressly addressed in the Terms and Conditions of Use.

7.18 In case of any dispute in connection with any Online Transaction, the records of Bees for Bees shall take precedence and be conclusive.

7.19 If you are required to conclude and complete an Online Transaction through an agent (e.g. a Seller may be required to engage a qualified import and export agent as its export agent), such agent is merely an agent of you, and Bees for Bees shall not be responsible for hiring such agent, nor paying or having to coordinate any related matters with respect to the Online Transaction.  If any obligations are required to be performed by the agent, you shall remain solely liable to the other party of the Online Transaction for the non-performance or default by your agent.

You agree to give all notices, provide all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for the completion of the Online Transactions and Bees for Bees provision of the Transaction Services.  If your failure to do so results in delay in the provision of any Transaction Service, cancellation of any Online Transaction, or disposal of any funds, Bees for Bees shall not be liable for any losses or damages arising from such default, delay, cancellation or disposal.

7.20 Representations and Warranties.  You represent and warrant that:

• you will use the Transaction Services in good faith and in compliance with all applicable laws and regulations, including laws related to anti-money laundering and counter-terrorism financing;

• you are aware that in rendering any services by Bees for Bees under this Terms and Conditions of Use, Bees for Bees may advise, suggest and/or provide guidelines to you, to assist you in completing a relevant Online Transaction or in connection with any other services or activities under the Websites, in the understanding, that you acknowledge and recognize that Bees for Bees shall not be liable for any such advisory, suggestions and/or guidelines provided to you as consequence of rendering any services under this Terms and Conditions of Use;

• all information and material you provide in connection with the use of the Transaction Services is true, lawful and accurate, and is not false, misleading or deceptive;

• you will not use the Transaction Services to defraud Bees for Bees, our affiliates, or other members or users of the Sites or engage in other unlawful activities (including without limitation dealing in products prohibited by law);

• in case that you are a Seller of products, you have the legitimate right and authorization to sell, distribute or export the products using the Transaction Services and such products do not infringe any third party’s rights, nor any applicable law;

• in case that you are a Seller of products, you have good title to the products ordered under the Online Transaction, and the products meet the agreed descriptions and requirements; and

• in case that you are a Seller of services, you will provide the services ordered with reasonable care and skills.

7.21  If you have applied for and/or used the Transaction Services of Bees for Bees, you acknowledge and agree that Bees for Bees shall have the right to use the information collected about you and your Online Transactions pursuant to the Privacy Policy, including but not limited to your credit information, business information, personal information (such as applicant name and home address) and financial information (the “Collected Information”) to facilitate the administration, processing, and operation of your use of the Services, and for all other uses described in the Privacy Policy.  In connection with your use of the Transaction Services, Bees for Bees may use the Collected Information in the manner set out in the Privacy Policy and/or the Terms and Conditions of Use.

7.22     Dispute Rules.

7.22.1 The following dispute rules are formulated to protect the rights and interests of the Buyer and the Seller with respect to Online Transactions on the Websites.

7.22.2 When a dispute arises between the Buyer and the Seller after they have conducted an Online Transaction through the Websites, if either party submits their disputes to Bees for Bees, the following rules in this Section 7.22 will apply.

7.22.3 If the Buyer and the Seller otherwise agree upon the rules for handling the transaction disputes, Bees for Bees has the right to decide whether rules will be applied, except the rules contradicts the rules on the Websites.

7.22.4 Notices related to disputes sent by Bees for Bees the Buyer and/or the Seller through the Websites system, official communication tools constitute the basis for deciding the disputes. 

7.22.5 For purposes of this Section 7.22, the following terms shall have the meaning attributable to them as follows:

“Customs Detention” means the products are attached, confiscated, destroyed, or detained by the customs of the importing country due to reasons such as violation of restrictions imposed by the importing country, no customs clearance, declaration errors, products infringement and contraband control. 

“Date of Confirmed Receipt of the Products” means the date in which the Buyer has confirmed the receipt of the Products, or if not confirmed by Buyer, the date in which the logistics services carrier confirms the delivery of the Products to Buyer (as evidenced in the relevant documents of the logistics services carrier).

“Force Majeure” means circumstance or event that is unforeseeable, unavoidable, or insurmountable for the Buyer and the Seller when they enter into a contract, including but not limited to natural disasters (e.g. typhoons, heavy rain, hail, earthquakes, tsunamis, floods, volcanic eruptions, landslides), anomalies (e.g. wars, armed conflicts, riots, uprising, fires, explosions, toxic spills, serious outbreaks), and government actions (e.g. regulation and control, expropriation, requisition). 

“Inconsistent Description” means that the product name, brand, model, color, specification, quantity, material, style, function, and/or other information with respect to the products delivered by the Seller are inconsistent with the descriptions on the products detail page, the provisions of Purchase Contract, or the communication records between the Seller and Buyer. 

“Infringement” means the products delivered by the Seller infringe upon the intellectual property rights of third parties.

“Partial Refund” means the Seller refunds a portion of the purchase price to the Buyer after the Buyer signs for receipt of the products delivered by the Seller.

“Purchase Contract” has the meaning given to such term under Section 7.6 of this Terms and Conditions of Use.

“Quality Problems” means the material, craftsmanship, and/or quality of the products delivered by the Seller fails to meet the provisions of the Purchase Contract, or there is damage, functional failure, missing parts or other issues that may prevent their normal use.

“Refund” means the Seller refunds the purchase price to the Buyer in whole and the Seller negotiates with the Buyer to determine whether to return the products. 

“Return of Products and Refund” means Seller refunds the purchase price in whole to the Buyer after the Seller signs for receipt of the products returned by the Buyer. 

7.22.6 Application for dispute resolution shall be made within the time limit prescribed by Bees for Bees, which cannot exceed 30 calendar days after the Date of Confirmed Receipt of the Products. If the order is closed by Bees for Bees, application shall be made within thirty days of receipt of the notice that the order has been closed. If there are special provisions, such provisions shall prevail. 

7.22.7 Bees for Bees has the right to extend the time limit or not to set a time limit for accepting application for dispute resolution if, in Bees for Bees’s reasonable opinion, there is a dispute involving suspected fraud (including but not limited to false shipment, serious quality deficiencies, a large quantity of inconsistent products, and other obvious malicious non-compliance or evasion of debts) or any other circumstances that Bees for Bees considers necessary. 

7.22.8  Bees for Bees has the right to refuse to accept the following applications, and the Seller and the Buyer should resolve the dispute by themselves: 

(i)              An application for dispute resolution was not filed within the time limit; 

(ii)             The Seller and the Buyer have reached a settlement agreement and the performance thereof has been completed, but either or both of the parties has/have changed their minds, thereby resulting in a dispute; 

(iii)            The Buyer and the Seller collude in bad faith and use the Bees for Bees Websites to conduct false transactions or commit other illegal acts; 

(iv)            After a Refund is processed, the Seller needs to retrieve the products, thereby resulting in a dispute; 

(v)                         Either party claims for compensation that exceeds the amount of the Online Transaction (including purchase price, inspection fees, shipping and bank charges), unless otherwise specified; 

(vi)            Applications that Bees for Bees is unable to accept based on the evidence provided by both parties; 

(vii)           Disputes not related to the Online Transaction (including, without limitation, the products violates the product posting rules of Bees for Bees and defamation by either the Seller or the Buyer); and 

(viii)          Where these rules in Section 7.22 have special provisions about other circumstances that will not be accepted, such provisions shall prevail. 

7.22.9  The Buyer and the Seller shall provide evidence for their respective claim or defense no later than three working days after making application for dispute resolution or receiving the notice of dispute resolution from Bees for Bees, and shall undertakes that the evidence provided is authentic, complete, relevant and legitimate. Bees for Bees has the right to obtain evidence on its own or from a third party as it deems necessary, and determine the liability of the parties and the disputes based on the reasonable man standards and international trade practices. 

7.22.10            If either party submits false, altered, or forged evidence, or fails to submit evidence that meets relevant requirements within the time limit set by Bees for Bees, Bees for Bees has the right to terminate the dispute resolution process or make a decision based on the evidence submitted. 

7.22.11            The correspondences between the Buyer and the Seller via the Websites´  official chat tool will serve as basis for dispute resolution, and correspondence between the parties through other means of communication (including but not limited to offline written contracts, telephone calls, e-mails, and third-party instant chat tools) will not be the basis for the dispute resolution, unless both the Buyer and the Seller agree that such correspondence are authentic and valid.

7.22.12            Where correspondences between the Buyer and the Seller or the offline contract between the Seller and the Buyer contradict the terms in the Purchase Contract, unless otherwise agreed between the Seller and the Buyer, the terms agreed more recently shall prevail.

7.22.13            Where the Buyer and the Seller agree on liquidated damages or compensation in the Purchase Contract or during the course of their communication, if either party claims for liquidated damages or compensation for actual losses after the other party defaults, Bees for Bees will support such claim. If such liquidated damages or compensation clause contradicts the rules of the Websites, the clause which provides for a higher damages shall prevail. 

7.22.14            The Seller shall fulfill the obligation of shipping products in accordance with the shipment date, shipment method, and delivery information as stipulated in the Purchase Contract, and provide corresponding documents or certificates according to the Purchase Contract. 

7.22.15            Where the Seller fails to ship the products within the agreed shipment time, the Seller shall obtain consent from the Buyer before shipping the products. The Buyer and the Seller may reschedule the shipment date as agreed. If the Seller has not shipped the products at the time of receipt of the Refund application, the Seller shall liaise and negotiate with the Buyer, and arrange for shipment again upon mutual agreement, or ask Bees for Bees for a resolution.

7.22.16            If the products are not delivered in accordance with the Purchase Contract of this Terms and Conditions of Use, or the Buyer rejects the products, the purchase price shall be refunded. If the Seller needs to retrieve the products, it shall contact the carrier by itself to handle the return, and all the resulting expenses and risk of the products shall be borne by the Seller. 

7.22.17            In the event that the Seller ships the products in violation of the agreed shipment date and method, and that the Buyer applies for a Refund and/or return of products on the grounds of Seller’s breach of the Purchase Contract or this Terms and Conditions of Use after the Buyer has signed or taken initiative to confirm receipt of products, the Buyer shall reach an agreement with the Seller. Otherwise, Bees for Bees shall not support such Refund or Returning of Products and Refund applications, except where the Seller takes improper measures to induce the Buyer to confirm receipt of products. 

7.22.18            Where the products are not delivered due to errors in the delivery information provided by the Buyer, the Seller shall use commercially reasonable efforts to cooperate with the Buyer to modify the delivery information or provide necessary assistance, and the additional costs so incurred shall be borne by the Buyer. If the Seller fails to ship the products on the agreed shipment date or the products cannot be delivered on the agreed date for the reasons attributable to the Buyer. Bees for Bees shall not support Buyer’s claim against the Seller for late shipment or delivery. 

7.22.19            Where the Seller fails to ship the products on the agreed date of shipment or the products cannot be delivered on the agreed date due to an event of force majeure, and the Parties fail to agree on the continuous performance of the contract, the purchase price shall be refunded. 

7.22.20            The Buyer shall accept the delivery of products in accordance with the Purchase Contract at the address, and in the manner as agreed upon with the Seller. The Buyer shall personally sign the receipt of products, or ask others to do so on his/her behalf, or instruct the carrier to place the products at the designated place. If the recipient entrusts another person to sign the receipt of products or instructs the carrier to place the products at a designated place, the Buyer shall be deemed to have signed the receipt of products by itself and the risk of the loss of the products shall be borne by the Buyer. If the Buyer claims that it has not signed receipt of products by itself, the Seller shall assume the burden of proof to prove the otherwise and if the Seller is able to establish the same with relevant evidence, the risk of the loss of the products shall be borne by the Buyer. 

7.22.21            The Buyer shall ensure that the delivery information provided to the Seller is true, accurate, and valid. If any the delivery information needs to be changed, consent shall be obtained from the Seller. If the products are received by others, lost, or damaged due to errors or omissions in the delivery information provided by the Buyer, the Buyer shall bear the losses.

7.22.22            If the Buyer is in breach of the provisions relating to the receipt of products as stipulated in this Section 7.22 and the products are returned to the Seller as a result, the Buyer shall compensate the Seller for the actual losses, provided that the maximum amount shall not exceed the contract amount; if the products are received by others, damaged, or lost, the Buyer shall pay the Seller. 

7.22.23            Where, after the Purchase Contract takes effect, the Buyer terminates the contract or applies for Refund without cause, the Buyer shall compensate the Seller for the actual losses, provided that the maximum amount thereof does not exceed the contract amount. 

7.22.24            Where the Seller is responsible for shipping the products and ship the products through commercial express, the Buyer shall examine the appearance of the outer packaging of the products on the spot when the carrier delivers the products. If the products are damaged, the Buyer should reject the products after taking a photo as evidence; if the Buyer applies for Returning of Products and/or Refund due to damage to products after signing receipt of products, the Buyer shall provide the damage certificate issued by the carrier. If the Buyer and the Seller separately agree on the inspection period and/or the inspection method, such agreement shall prevail. 

7.22.25            Where the Seller is responsible for shipping the products and ship the products through commercial express, the Seller shall be responsible for the risk and expenses incurred by the return of products due to damage. 

7.22.26            The Buyer may inspect whether the quality of the Seller’s products is consistent with relevant provisions of the Purchase Contract in accordance with agreed inspection standards, inspection institution, and inspection method. If the parties have not clearly agreed upon inspection in advance and cannot reach an agreement through negotiation, Bees for Bees may designate a third-party inspection institution to inspect the products in accordance with applicable industry standards, and the resulting inspection costs shall be borne by the liable party as determined by Bees for Bees.

7.22.27            The parties agree to inspect products prior to shipment. If the products are found to have quality problem or their quality is inconsistent with the provisions of the Purchase Contract upon inspection, the Seller shall take remedial measures within the period agreed by both the Buyer and Seller or otherwise determined by Bees for Bees, otherwise, Bees for Bees shall support the Refund application by the Buyer. If the Buyer and the Seller otherwise reach an agreement through consultation, such agreement shall prevail. 

7.22.28            If the Buyer and the Seller agree to inspect the products after they are shipped to the destination or after the Buyer receives them, the Buyer shall inspect the products within the agreed time limit. If the products are found to have quality problems or their quality is inconsistent with the standards agreed in the Purchase Contract, Bees for Bees shall support the Returning of Products and Refund or Partial Refund application, and the expenses resulting from such returning of products shall be borne by the Seller, and if the Buyer and the Seller otherwise reach an agreement, such agreement shall prevail. 

7.22.29            Where a sampling inspection is agreed by both the Buyer and the Seller, the specific sampling inspection ratio shall be in accordance with the Purchase Contract or the agreement reached by the parties. If said ratio has not been agreed upon, Bees for Bees has the right to determine the sampling inspection ratio pursuant to standard market terms, and if a product fails to pass the sampling inspection, such entire batch of products shall be deemed as substandard. 

7.22.30            After the Buyer and the Seller reach an agreement for the returning or replacement of products, the returning address shall be the same as the sender’s address. If the returning address or returning method needs to be changed, consent shall be obtained from the Buyer, otherwise the risk of products not being delivered after they are returned shall be borne by the Seller. If the Buyer has practical difficulties in applying for the returning of products, Bees for Bees may require the Seller to go through the procedures for returning products on its own, and the Buyer shall provide necessary assistance. 

7.22.31            If the Buyer and the Seller have reached an agreement offline for returning or replacement of products, the Buyer shall handover the returned products to the carrier within the agreed time limit. If the deadline for returning is not expressly prescribed, such products shall be handover to the carrier no later than 15 days as from the next day of the date on which the agreement for returning of products is reached. If the prescribed time limit expires, the Buyer shall be deemed to have accepted the products, and in such a case, Bees for Bees shall support payment to the Seller.

7.22.32            After the Buyer handovers the returned products to the carrier, when the products have been returned to the customs of the exporting country, the Seller needs to cooperate with customs clearance and be liable for costs resulting from customs clearance, otherwise the risk of loss of the products shall be borne by the Seller, and in such a case, Bees for Bees shall support the refund of purchase price to the Buyer. 

7.22.33            Where the parties reach an agreement on returning or replacement of products or Bees for Bees orders the Buyer to return the products, if the Buyer cannot properly complete the returning of products for reasons attributable to the Seller, the risk of the products being not returned to the Sellers shall be borne by the Seller, and in such a case, Bees for Bees shall support the Refund application by the Buyer. Where the Seller has not received the returned products or the Seller refuses to sign receipt of products returned for the reasons attributable to the Buyer, Bees for Bees shall support payment to the Seller. 

7.22.34            If the Buyer applies for a refund of the products which are detained by customs, the Buyer shall submit a valid certificate for the detention of the products within the time limit set by Bees for Bees. Bees for Bees will determine allocation of liabilities for detention of products according to the customs detention certificate and the provisions of the contract between the parties, and require the liable party to take remedial measures within a certain time limit. 

7.22.35            If the products cannot pass customs clearance smoothly due to reason attributable to the Buyer, and the Buyer fails to take remedial measures within the time limit set by Bees for Bees, Bees for Bees shall support payment to the Seller, and the risk of the products not being able to be delivered to the Buyer shall be borne by the Buyer; If remedial measures are not taken within the prescribed time limit for the reasons attributable to the Seller, Bees for Bees shall support Refund to the Buyer, and the risk of the products not being able to returned to the Seller shall be borne by the Seller. 

7.22.36            Fines, warehousing fees, shipping costs for returning products, and other losses resulting from detention of products by the customs shall be borne by the liable party as determined by Bees for Bees, and if said losses are otherwise agreed upon by the Parties, such agreement shall prevail. 

7.22.37            Any dispute arising between the Seller and the Buyer in respect of freight fees shall first be resolved according to the provisions of the Purchase Contract between the parties. If the freight fees are not prescribed or clearly prescribed in the contract, Bees for Bees will determine the allocation of liabilities  according to the principle of “either party who is at fault is liable”, and if both parties are not at fault or the liability cannot be determined, the freight shall be equally shared by both parties. 

7.22.38            Where the Buyer claims that the quality problem and inconsistency in description of the products delivered are identifiable with naked eyes, the Buyer shall first provide photos, videos, or other evidence approved by Bees for Bees to prove it. The Seller shall then provide evidence and reasonable explanations establishing that the products do not have quality problems or Inconsistent Descriptions or the reasons for such issues are not attributable to the Seller. If the Seller fails to submit the valid evidence within the specified time limit, Bees for Bees shall determine that the products have quality problems or Inconsistent Descriptions. 

7.22.39            Where the Buyer claims that the quality problems of the delivered products are not identifiable with naked eyes, the Buyer shall provide a testing report or identification certificate issued by a qualified institution as required by Bees for Bees. Where the Buyer and the Seller agree in advance in the contract that the test results obtained by the third-party testing agency shall be treated as the basis for determining quality, Bees for Bees will determine the quality in accordance with the test results. 

7.22.40            If the Buyer claims that the products delivered infringe upon the rights of others, the Seller shall provide evidence proving the legal source or effective authorization of the products. If the Seller is able to discharge its burden of proof, the Buyer shall submit evidence for its claim. If the Buyer is unable to provide such evidence, Bees for Bees shall determine that the products do not infringe upon the rights of others. 

7.22.41            Where the evidence provided by the Seller and the Buyer cannot establish whether the products have quality problems or infringe upon the rights of others, Bees for Bees has the right to designate a qualified third-party testing or appraisal agency to conduct testing and appraisal, and the results of the said testing or appraisal shall be treated as the basis for identification. 

7.22.42            Where the products delivered by the Seller have quality problems, Inconsistent Descriptions, or infringement issue, Bees for Bees shall support Returning of Products and Refund to the Buyer. If the products cannot be returned due to its nature, the objective conditions, or the restrictions under local laws and regulations, Bees for Bees shall support Refund, and the Seller shall contact the Buyer on its own in order to handle products. 

7.22.43            Where part of the products delivered by the Seller have quality problems, Inconsistent Descriptions, or minor defects or flaws that do not affect the main functions of the products, Bees for Bees shall support Partial Refund. 

7.22.44            Where the Seller and the Buyer have agreed on the testing and appraisal costs in respect of quality problem and infringement issue of the products in the Purchase Contract, such agreement shall prevail. If the testing and appraisal agency has not been agreed upon by the Parties or if Bees for Bees has designated a testing or appraisal agency, Bees for Bees has the right to determine the proportion in sharing the relevant expenses so incurred according to the degree of liability. 

7.22.45            Bees for Bees has the right to terminate the dispute resolution process when one of the following circumstances occurs during the dispute resolution process: 

(i)        The dispute does not fall within the scope of acceptance stipulated in these Section 7.22 and exceeds the period of acceptance specified in these Section 7.22;

(ii)       The party applying for dispute resolution requests for withdrawal of the application; 

(iii)      The arbitration institution or competent court that has jurisdiction over the dispute involved has rendered an award or judgement; 

(iv)      Both the Buyer and the Seller agree to resolve the dispute through consultation; 

(v)       Either party notifies Bees for Bees that the dispute has been submitted to an arbitration institution or court of competent jurisdiction for arbitration or trial or both parties have agreed to submit the dispute to other trade dispute settlement institution for settlement; 

(vi)      In case of a dispute arising from an Online Transaction in which the Buyer has chosen credit card or e-checking as payment method, the Buyer applies to the card issuer for chargebacks for the transaction in dispute while applying to Bees for Bees for dispute resolution; 

(vii)     Either party violate other rules of Bees for Bees;

(viii)    Either party submits evidences that are not authentic or are forged or altered or otherwise violate applicable laws and regulation. 

7.22.46            If there are particular provisions governing dispute resolution in the official activity rules or other specific types of trading rules of the Websites, such provisions shall apply.

7.22.47            The Online Transactions that have not been processed after these Section 7.22 take effect or are modified shall be governed by such effective or modified rules. 

7.22.48            Bees for Bees will from time to time amend these Section 7.22, and the content of said amendments will take effect upon expiration of the public announcement.