Updated: 15 May 2020
BIGGMALL is a marketplace where seller can sell products and services directly to buyers around the world. We want to make sure that you and your buyers have a positive experience on BIGGMALL. Please read on to find out more about your rights, as well as what is expected of you, as a seller.
This policy is a part of our Terms of Use. By opening a BIGGMALL shop, you’re agreeing to this policy and our Terms of Use.
1. PARTICIPATION & MERCHANT ACCOUNT: Merchant accepts the Terms and Conditions and agrees to, in order to participate in the Program, extend a Merchant Offer (Transaction Fee %) for ALL qualified Transactions generated from the Program. Merchant also agrees to accept BIGGMALL’s consumer moneyback and e-franchisee program and/or payment method for products and/or services sold at BIGGMALL platform.
(a) Application - Merchant do not need to pay for any upfront fees as the program trusts on the performance of e-franchisee dedication in promoting the products/services. Merchant do not need to upload products/services to the platform as BIGGMALL will do all the necessarily procedures accordingly with all the relevant company information, items photos, content descriptions/weight, brand logo, youtube video link, delivery info, retail price/discounts, allotted BIGGMALL’s transaction fee % from retail price and other information provided by the merchants in the application form/attachments to support@biggmall.co.
(b) Uploading - This process may require 5 working days and merchant are requested to check their products and detail information of BIGGMALL’s policy at www.biggmall.co.
(c) Confirmation – An endorsement letter will be sent to merchant via email and request for Banking details.
2. MERCHANT OFFER (TRANSACTION FEE %): Merchant Offer (Transaction Fee %) is a predefined incentive to be calculated on every Transaction, comprising allocation for (a) Consumers (b) e-Franchisee (c) BIGGMALL. Merchant shall honour the agreed Merchant Offer (Transaction Fee %) for ALL qualified Transactions generated from the Program. Merchant may request to change the Merchant Offer with a five (5) working days written notice. BIGGMALL request the minimum requirement for merchant’s transaction fee participation as stated. Merchants providing more transaction fee % will enticed consumers and e-franchisee will more rebates which will result in more interaction within these communities.
(a) Registered consumers purchasing merchant’s products/services from BIGGMALL platform are eligible to Moneyback between 3% to 10%.
(b) Licensed e-franchisee can utilise the e-points allotted for redemption between 3% to 10% and eligible to direct rebate of between 6% to 21%.
(c) BIGGMALL allotment for systems, payment gateway, advertisement and promotion.
3. What Can be Sold on BIGGMALL
BIGGMALL is a unique marketplace where buyers come to purchase items at their leisure. Everything listed for sale on BIGGMALL must be screened and approved.
Some main categories at BIGGMALL:
Home / Living
Home Appliance / Improvement
Health / Beauty
Cellphones / Tabs
Jewelry / Watches / Cameras
Sports / Fitness
Automobile / Drones
Baby / Toys
Computer / Accessories
Men Clothing / Fashion
Women Clothing / Fashion
Pets / Books
Sports / Fitness
Office Supply / Handy Tool
Travels / Occasions
Services / Others
Gift Card / Voucher / Membership
All sub categories are subjected to approval and all listings are available for purchase at a set price.
4. What Can't be Sold on BIGGMALL
Even if they otherwise meet our marketplace criteria, prohibited items, services, and items that violate our intellectual property policies are not allowed to be sold on BIGGMALL.
Keep in mind that members may flag listings that appear to violate our policies for BIGGMALL's review. BIGGMALL may remove any listings that violate our policies. Note that listing fees are non-refundable. BIGGMALL may also suspend or terminate your account for any violations. You’ll still be on the hook to pay any outstanding fees on your BIGGMALL statement. You can find more information in our Fees & Payments Policy.
5. Representing Yourself, Your Shop, and Your Listings Honestly
At BIGGMALL, we value transparency. Transparency means that you honestly and accurately represent yourself, your items, and your business.
By selling on BIGGMALL, you agree that you will:
Provide honest, accurate information in your About section.
Honour your Shop Policies.
Accurately represent your items in listings and listing photos.
Respect the intellectual property of others. If you feel someone has violated your intellectual property rights, you can report it to BIGGMALL.
Not engage in fee avoidance.
Not create duplicate shops or take any other action (such as manipulating clicks, carts or sales) for the purpose of manipulating search or circumventing BIGGMALL's policies.
Not coordinate pricing with other sellers.
6. Communicating with Other BIGGMALL Members
Messages
You can use BIGGMALL Messages (“Messages”) to communicate directly with your buyers or other BIGGMALL members. Messages are a great way for buyers to ask you questions about an item or an order.
Messages may not be used for the following activities:
a. Sending unsolicited advertising or promotions, requests for donations, or spam;
b. Harassing or abusing another member or violating our Anti-Discrimination Policy;
c. Contacting someone after they have explicitly asked you not to; or
d. Interfering with a transaction or the business of another member.
e. Interference
f. Interference occurs when a member intentionally interferes with another member’s shop in order to drive away their business. Interference is strictly prohibited on BIGGMALL. Examples of interference include:
Contacting another member via BIGGMALL Messages to warn them away from a particular member, shop, or item;
Posting in public areas to demonstrate or discuss a dispute with another member;
Purchasing from a seller for the sole purpose of leaving a negative review;
Maliciously clicking on a competitor's Promoted Listings ads in order to drain that member's advertising budget, also known as "click fraud."
Harassment
Any use of BIGGMALL Messages to harass other members is strictly prohibited. Similarly, Messages may not be used to support or glorify hatred or otherwise violate our Anti-Discrimination Policy. If you receive a Message that violates this policy, please let us know right away.
7. Privacy and Protecting Personal Information
You are responsible for protecting members’ personal information you receive or process, and you must comply with all relevant legal requirements. This includes applicable data protection and privacy laws that govern the ways in which you can use BIGGMALL user information. These laws may require that you post and comply with your own privacy policy, which must be accessible to BIGGMALL users with whom you interact. Your privacy policy must be compatible with this policy and BIGGMALL’s Terms of Use.
In particular, when you sell using our Services (subject to this Policy) or use BIGGMALL’s API (also subject to the BIGGMALL API Terms of Use), you may receive and determine what to do with certain personal information, such as when communicating with users and entering into transactions with buyers. This means you process personal information (for example, buyer name, email address, and shipping address) and, to the extent you do so, under Hong Kong law, you are an independent controller of data relating to other users that you may have obtained through the Services.
You are responsible for protecting user personal information you receive or process and complying with all relevant legal requirements when you use the Services. This includes applicable data protection and privacy laws that govern the ways in which you can use a user’s information. Such laws may require that you post, and comply with, your own privacy policy, which must be accessible to BIGGMALL users you interact with and compatible with this policy and BIGGMALL’s Terms of Use.
As a data controller (that is someone who decides what personal data is collected and the purpose you’ll use the data for) to the extent that you process user personal information outside of the Services, you may be required under applicable data protection and privacy laws to honour requests received from such users for data access, portability, correction, deletion, and objections to processing. Also, if you disclose personal information without the buyer’s proper consent, you are responsible for that unauthorized disclosure. This includes, for example, disclosures you make or unintentional data breaches. For example, you may receive a buyer’s email address or other information as a result of entering into a transaction with that buyer. This information may only be used for BIGGMALL-related communications or for BIGGMALL-facilitated transactions. You may not use this information for unsolicited commercial messages or unauthorized transactions. Without the buyer’s consent, and subject to other applicable BIGGMALL policies and laws, you may not add any BIGGMALL member to your email or physical mailing list, use that buyer’s identity for marketing, or obtain or retain any payment information. Please bear in mind that you're responsible for knowing the standard of consent required in any given instance.
If BIGGMALL and you are found to be joint data controllers of personal information, and if BIGGMALL is sued, fined, or otherwise incurs expenses because of something that you did in your capacity as a joint data controller of buyer personal information, you agree to indemnify BIGGMALL for the expenses it occurs in connection with your processing of buyer personal information.
For more information, please see our Privacy Policy.
8. Creating and Uploading Content
As a seller of BIGGMALL, you have the opportunity to create and upload a variety of content, like listings, Messages, text, photos, and videos. In order to keep our community safe and respectful, you agree that you will not upload content that is:
a. Abusive, threatening, defamatory, harassing, or otherwise in violation of our Anti-Discrimination Policy;
b. Obscene or vulgar;
c. In violation of someone else’s privacy or intellectual property rights; or
d. False, deceptive, or misleading.
9. Building a Positive Reputation Through our Reviews System
Reviews are a great way for you to build a reputation on BIGGMALL. Buyers can leave a review, including a one to five-star rating and a photograph of their purchase, within 100 days after their item’s estimated delivery date. If an estimated delivery date is not available, the review window opens after the order’s processing time and shipping time have elapsed. Buyers can edit their review, including the photograph, any number of times during that 100 days period.
On the rare occasion you receive an unfavorable review, you can reach out to the buyer or, if the review is less than 3 stars, leave a response.
Reviews and your response to reviews may not:
a. Contain private information;
b. Contain obscene, racist, or harassing language or imagery;
c. Violate our Anti-Discrimination Policy;
d. Contain prohibited medical drug claims;
e. Contain advertising or spam;
f. Be about things outside the seller’s control, such as a shipping carrier, BIGGMALL or a third party;
g. Contain threats or extortion;
h. Include shilling or otherwise falsely inflate a shop’s review score; or
i. Undermine the integrity of the Reviews system.
10. Providing Great Customer Service
We expect our sellers to provide a high level of customer service. By selling on BIGGMALL, you agree to:
a. Honour your shipping and processing times. Sellers are obligated to ship an item or otherwise complete a transaction with a buyer in a prompt manner, unless there is an exceptional circumstance. Please be aware that legal requirements for shipping times vary by country. Read more in our Shipping Policy.
b. Respond to Messages in a timely manner.
c. Honour the commitments you make in your shop policies.
d. Resolve disagreements or disputes directly with the buyer. In the unlikely event that you can’t reach a resolution, our Dispute Resolution team can help through our case system. Read about your rights and responsibilities regarding cases here.
e. If you are unable to complete an order, you must notify the buyer and cancel the order. Read about how to cancel an order in this Help article.
f. As a seller, you must provide great customer service and maintain trust with your buyers. These requirements are called our Seller Service Level Standards. Read more here.
BIGGMALL also provides limited protection to sellers who meet the requirements of our Seller Protection Program. Read more about BIGGMALL’s Seller Protection Program here.
11. Responding to Requests for Cancellations, Returns, and Exchanges
Please be aware that in addition to this policy, each country has its own laws surrounding shipping, cancellations, returns, and exchanges. Please familiarize yourself with the laws of your own country and those of your buyers’ countries.
Cancellations
If you are unable to complete a transaction, you must notify the buyer via BIGGMALL Messages and cancel the transaction. If the buyer already submitted payment, you must issue a full refund. You are encouraged to keep proof of any refunds in the event a dispute arises. All cancellations are subject to our Cancellation Policy.
BIGGMALL’s Case System
We ask buyers to contact sellers directly and attempt to resolve any outstanding issues before opening a case on BIGGMALL. For this reason, it is important that you fill out your shop policies and regularly respond to Messages from your buyers.
Buyers may file a case for a non-delivery or a not-as-described item. You must respond to any open cases within three days or the time frame noted by BIGGMALL in the case. BIGGMALL may request your assistance in resolving a case opened against your shop. BIGGMALL reserves the right to escalate a case early for circumstances such as seller inactivity, harassment, refusal of service, case manipulation, and undermining the integrity of the case system.
By using BIGGMALL’s case system, you understand that BIGGMALL may use your personal information for the purpose of resolving disputes with other members. Cases can be filed in the following circumstances:
Non-Delivery
A non-delivery occurs when a buyer places an order but does not receive the item. The following are examples of non-delivery cases:
a. There is no proof that the item was shipped to the buyer.
b. An item was not sent to the address provided on BIGGMALL.
c. Not as Described
An item is not as described if the buyer can demonstrate that it is significantly different from your listing description or your photos. The following are examples of not as described cases:
a. The item received is a different color, model, version, or size.
b. The item has a different design or material.
c. The seller failed to disclose that an item is damaged or is missing parts.
d. The buyer received the incorrect quantity of items (e.g., the buyer purchased three items but only received two).
e. The item was advertised as authentic but is not authentic.
f. The condition of the item is misrepresented (e.g., the item is described as new but is used).
Not as Described cases can also be filed for late delivery. In order to qualify as late delivery, the buyer must provide proof that all of these conditions have been met:
a. The item(s) were ordered for a specific date or event.
b. The item(s) are rendered useless after that date.
c. The seller did not ship the item(s) according to their processing time or the date agreed upon in Messages.
For more information on cases, please email support@biggmall.co. If BIGGMALL determines that an item is not as described, you will be required to refund the order, including original shipping and return shipping.
Ineligible Transactions
Some disputes don’t qualify for BIGGMALL’s case system. These include:
a. Items that are damaged by the shipping carrier (if properly packaged by the seller).
b. Items that have been altered, used, worn, washed, or discarded after receipt.
c. Items that are received after the agreed-upon delivery date due to shipping delays.
d. Items that are returned without a return agreement.
e. Items that are accurately described but don’t meet a buyer's expectations.
Cost of shipping disputes.
a. Items that are purchased in person.
b. Items prohibited from sale on BIGGMALL, including services and intangible goods.
c. Transactions where payment is not made via BIGGMALL’s checkout system.
d. When a dispute is ineligible for our case system, we encourage both parties to work together to come to an amicable solution.
12. TRANSACTIONS, DELIVERY AND PAYMENT: Merchant is responsible to verify and check all recorded transactions online invoices sent to merchants via email when consumers purchase their products on a daily basis. If there are any erroneous or suspicious transactions, the merchant may report it to BIGGMALL and the system will void the transaction within 3 working days. Normal after that the system will detect the process completion within the next 3 working days. Summarised, week ONE (Monday to Friday) delivered invoices and system confirmation with payment to merchant within week TWO (Monday to Friday).
BIGGMALL may apply a debit amount to merchant’s payment in circumstances of: (a) product returns; (b) duplicate entry or other clear error; or (c) non-receipt of payment from, or refund of payment to, the members by the merchants; ("Charge-back"). Such Charge-backs may be debited from merchant account at any time, including previous payment cycles.
BIGGMALL shall not be held liable or responsible for any products or services offered by the merchants, including but not limited to any non-compliance, misrepresentation or defects of any merchants’ products or services.
13. PROPRIETARY RIGHTS: Merchant agrees to grant BIGGMALL the right to promote the merchants’ brand names, logos, trademarks, products/services, and etc. listed in BIGGMALL website in accordance with the BIGGMALL Program.
14. TERM & TERMINATION: Term of participation shall commence upon merchant providing of the required information and submit the Merchant Application form to BIGGMALL. To terminate the participation, merchant needs to provide at least one (1) month written notice email to support@biggmall.co. Merchant account will be deactivated upon termination, all the information shall not longer be displayed at BIGGMALL’s website.
15. TAX STATUS LIABILITY: BIGGMALL is not obligated to and shall not provide Merchant with tax and/or legal advice. Merchant is responsible for its own sales tax collection and reporting obligations arising from sales through the Program.