Rules for Transactions on Myshop.cm
Version No.: 20170305 Date of Issuance: 20170305
- Rules for Transactions on Myshop.cm
1.1 Honest Trade Principle
Users must abide by the honest trade principle and trade as stipulated in the contract and must not withhold shipment after receiving payment, default in payment for products in violation of the contract, ship any products which do not conform with stipulations in the contract etc. or otherwise disturb the market order of Myshop.cm.
1.2 Compliance Principle
When using any service (including but not limited to transaction services) of Myshop.cm in their transaction, users must observe all applicable laws, regulations, these Rules and other rules published on Myshop.cm from time to time (hereinafter referred to as “Relevant Rules”) and their corresponding agreement with Myshop.cm.
1.3 Fraudulent Transactions
Users are prohibited from undertaking any transactions which are deemed as fraudulent or which are undertaken with the intention to defraud or deceive Myshop.cm and/or buyers. In particular, such transactions include sellers colluding with their related entities/parties to undertake purchase transactions or sellers colluding with external third parties to undertake purchase transactions, all with the purpose of creating the impressions of high sales volume for such seller as well as other similar acts which have the effect of deceit. Notwithstanding that Myshop.cm has implemented a regime and measures to penalize sellers who act in such prohibitive manners, buyers are also advised to exercise caution against sellers which they consider to be acting in such a prohibitive manner.
- Settlement of Transaction Disputes
2.1 Scope of Application of these Rules
These Rules apply to Myshop.cm user cross-border transactions but do not apply transactions between domestic users in the Republic of Cameroon at the Foreign Trade Service Marketplace or any other Myshop.cm product or service.
Myshop.cm provides numerous systems and relevant technical services to support sellers and buyers to conclude transactions online (collectively referred to as “Online Trade Services”), which currently include Trade Assurance and Secure Payment. When sellers and buyers conduct online transactions, they must observe these Rules, Myshop.cm Transaction Services Agreement and the service agreement of Myshop.cm in connection with each Online Transaction Service (such as a service contract for Cameroonian suppliers) and relevant rules. All transaction disputes and controversies submitted by users and accepted by Myshop.cm will be settled in accordance with these Rules, provided that any and all disputes arising out of Secure Payment, Trade Assurance or other special transaction services must be first settled according to the transaction rules for such special transaction services (if applicable) but if it is not expressly provided in such rules, these Rules will apply. Myshop.cm may decide if the relevant rules are applicable at its sole discretion.
2.2 Acceptance of Transaction Disputes
Where users conduct transactions by means of traditional offline trade after having approached each other through Online Trade Services or via Myshop.cm, any dispute arising in such transaction must be settled by and between the buyer and the seller through their own negotiations. If the parties fail to negotiate or to reach any agreement through negotiation, either party or both parties may submit the transaction dispute to Myshop.cm for mediation. Myshop.cm has the right to determine whether to accept the complaint relating to the relevant dispute in accordance with the Relevant Rules. In such a dispute, the user initiating the complaint relating to a transaction dispute and filing a claim for determination is referred to as the complainant and the other party as the respondent.
Generally, Myshop.cm will accept and handle the following types of transaction disputes: 1) the buyer complains that it has not received the products ordered; 2) the buyer complains that the products received are different from those agreed; 3) the seller complains that it has not received the payments from the buyer for the products delivered. Myshop.cm may its sole discretion, based on actual circumstances, agree to handle other transaction disputes in.
To facilitate complaints handling, Myshop.cm provides an online system for filing complaints (URL: http://channel.myshop.cm/complaint, hereinafter referred to as the “Complaints Platform”). Parties to a dispute should submit complaints, counter-notices and supporting evidence through the Complaints Platform. If the complainant fails to provide the relevant supporting documents within the required time period or the supporting documents submitted by the complainant are insufficient to substantiate its claim, Myshop.cm has the right to refuse to accept the complaint and close the case accordingly.
Parties to a dispute warrants that the supporting documents provided by them through the Complaints Platform are true, accurate and not misleading. If any party to the dispute tampers with, forges or alters any supporting documents, Myshop.cm has the right to immediately make a determination against that party.
Users should file a complaint with Myshop.cm within one year from the agreed delivery or payment date (whichever is later). Otherwise, Myshop.cm has the right to refuse to accept any complaint.
2.3 Determination of Transaction Disputes
In respect of a dispute that Myshop.cm has decided to accept, Myshop.cm will ascertain the relevant facts in accordance with Relevant Rules including its Trade Dispute Rules. The parties have an obligation to actively provide relevant factual evidence to substantiate their claim, and Myshop.cm has the right to use their independent judgment based on the collected materials and make a decision accordingly. If it is determined that a party has committed any breach or violation, Myshop.cm will impose penalties in accordance with the relevant service agreement and the Relevant Rules.
As Myshop.cm is not a professional dispute resolution institution and has a limited capacity to identify evidence and settle disputes, Myshop.cm does not warrant that the results of dispute settlement will meet the expectations of the buyer and the seller, nor will it be liable in any way for the results of dispute settlement. In case the buyer and the seller still cannot reach an agreement on a relevant dispute after Myshop.cm steps in to mediate, the buyer and the seller must settle the dispute through litigation, arbitration or other means. In addition, the settlement by Myshop.cm does not exempt the responsible party from any punishment under applicable laws and regulations.
If a settlement or compromise has been reached between the parties to the dispute, and the complainant retracts the complaint against the respondent, Myshop.cm has the right to exempt the respondent from relevant penalties, unless the retraction of complaint has been found to be due to the respondent’s inducement, threat, coercion or other improper means, or Myshop.cm deems that the exemption is improper.
- In the event of any inconsistency between the English and French versions of these Rules, the English version will always prevail.