“Spend & Save” Rules, Terms & Conditions (the “Rules”)
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These Terms & Conditions apply to the “Spend & Save” (the promotional campaign, the “Promotion”) being run on the AliExpress Platform (defined below under Clause 4).
1. Promotion and Prizes. During the Promotion Period (see Clause 2 below), Eligible Members (as defined under Clause 5) who satisfy the requirements under Clause 6 shall be entitled to Instant Discounts (as defined under Clause 6).
2. Promotion Period. Save as otherwise mentioned in the Rules, the Promotion begins on June 16, 2021 at 00:00:00 (PST time) to June 25, 2021 at 23:59:59 (PST time) (the “Promotion Period”).
3. Promoter. Alibaba.com Singapore E-Commerce Private Limited, a company incorporated in Singapore with registered office address at 8 Shenton Way, #45-01 AXA Tower, Singapore 068811 (the “Promoter”).
4. Availability. This Promotion is available on the AliExpress website, the latest version of the AliExpress iPhone and Android Apps (all available portals, the “AliExpress Platform”).
5. Eligible Members. To participate in the Promotion, you must be a registered member of AliExpress, except that employees, officers and directors of the Promoter and their respective immediate family members, affiliated and subsidiary companies, as well as any company involved in the Promotion, together with their respective agents, are not eligible to participate in the Promotion.The user confirms that the user is allowed to participate in the Promotion and that the Promotion as designed is valid and does not require specific requirements in the jurisdiction the user is based or accessing the Promotion from.
6. Promotion-specific Rules.
a) During the Promotion Periods, Eligible Members may:
i) Enjoy an instant discount of Euro 2.5 upon spending Euro 25 on designated product(s) where a "Spend and Save" label is visible on the product page on the AliExpress Platform if the currency of the Eligible Member's order settlement is "Euro";
ii) Enjoy an instant discount of Ruble 220 upon spending Ruble 2200 on designated product(s) where a "Spend and Save" label is visible on the product page on the AliExpress Platform if the currency of the Eligible Member's order settlement is "Ruble"; or
iii) Enjoy an instant discount of US$3 upon spending US$30 on designated product(s) where a "Spend and Save" label is visible on the product page on the AliExpress Platform if the currency of the Eligible Member's order settlement is any currency other than "Euro" or "Ruble",
(together, the "Instant Discounts").
b) To enjoy the Instant Discount, the orders must be submitted after 21 June 2021 00:00:00 (PST time) and before 25 June 2021 23:59:59 (PST time) during the Promotion Period. Any orders checked out prior to or after the abovementioned periods will not be eligible for the Instant Discount, despite it being paid during those periods.
c) Eligible Member may combine purchases of designated products from different shops and/or sellers to reach the minimum spending requirement provided that the threshold of the minimum spending requirement. As an illustration, purchases of a designated product of US$10 from Shop A the Instant Discount and a designated product of US$21 from Shop B eligible for the Instant Discount may be combined to obtain the a US$3 Instant Discount.
d) Eligible Member should ensure that the products from different shops and/or sellers are checked out together in order to be combined and counted towards the spending requirement. Designated products checked out separately, even if payment is made together, cannot be counted towards to same minimum spending requirement.
e) Other fees and expenses such as shipping, postage and tax will not be counted towards the minimum spending requirement amount.
f) If the minimum spending requirement is met, the Instant Discount will be applied automatically by the system at check out.
g) Eligible Member may enjoy an unlimited number of Instant Discounts upon reaching the minimum spending requirement. As an illustration, Eligible may enjoy an Instant Discount of US$3 upon spending US$30 on the designated products, and an Instant Discount of US$6 upon spending US$60 on the designated products, etc.
h) If an Eligible Member returns or requests a refund on products purchased which Instant Discount(s) is applied, whether or not the Instant Discount is applied as a result of combined orders of more than one designated product, only the actual amount paid by the Eligible Member will be refunded.
i) The types and amounts of Instant Discounts an Eligible Member may enjoy are determined by the currency of the Eligible Member's order settlement. The value of the Instant Discount and/or other information displayed in the Promotion is calculated and shown on the basis of Euro, US dollars or Rubles and may be converted to local currency depending on the Eligible Member's location, the “ship to”, “currency” and/or “language” setting of his/her AliExpress account or App, which may cause small denomination differences affected by different time zones and conversion of exchange rate.
j) The following reasons may render Instant Discounts being unavailable:
i) the product is not eligible for the Instant Discounts promotion;
ii) the product itself is discounted, and the price after the discount has not reached the Instant Discounts threshold;
iii) after deducting postage and taxes, the price has not reached the Instant Discounts threshold;
iv) currency switching causes the threshold for Instant Discounts to be inconsistent. For example, if the Instant Discounts products are purchased in US dollars, the order is paid for in Euros when placed.
7. General Rules.
a) By participating in this Promotion, you agree to be bound by these Rules.
b) Any fraud and/or abuse of the Offers awarded/received under the Promotion by you (as determined by the Promoter at its sole discretion) will result in forfeiture of your eligibility to the Offers and/or cancellation of all or part of your account(s) with the Promoter. The Promoter reserves the right to deduct the value of any Offers awarded inappropriately to you directly from your account(s) with the Promoter without prior notice and/or take any legal action in such instances to recover any outstanding amounts.
c) In the event that the Promotion is ceased or suspended by the relevant authorities or due to serious network attack or system fault, technical restrictions, and/or change of local laws, regulations and policies, the Promotion may be suspended and/or terminated either in part or in all, and/or for users in one or more jurisdictions. Such situation shall constitute a force majeure event and the Promoter shall not be liable for any damages or claims that arise out of the event.
d) The Promoter is not responsible for any late, lost, delayed, incomplete, illegible, misdirected or undeliverable entries, responses, or other correspondence, whether by e-mail or otherwise.
e) In the event that the Promotion becomes inoperable due to any computer network related reasons, you agree that the Promoter shall not be held liable for any damages.
f) Time and validity of any transactions and/or your eligibility to the Offers shall be determined by the Promoter at its sole discretion based on the Promoter’s record. If there is any discrepancy between the record of transaction held by you and that held by the Promoter, the Promoter’s record shall be conclusive and binding on you.
g) The Promoter reserves the right to amend these Rules as well as to vary or terminate any of the Offers without prior notice. In the event of disputes, the decision of the Promoter shall be final and binding.
h) The Promoter reserves the right, at its absolute discretion, to cancel or revoke your right to participate in a Promotion, use or benefit from any Offers upon discovery of your violation of these Rules or your dishonest, malicious, fraudulent, unlawful or, in the opinion of the Promoter, inappropriate acts in the context of your participation in any Promotion.
i) You guarantee that your participation in the Promotion, as well as the posts submitted, do not violate any rights of third parties and are the object of independent creativity. The content of the posts should not contain offensive language, rude words or other expressions of an obscene nature.
j) You understand that the Promotor shall process your personal data in accordance with the terms of the Privacy Notice in the Annex.
k) By accepting to participate in the Promotion and/or to receive the Offer, you assume any expenses in which you may incur, except for those included in the relevant Promotion, as well as any liability arising from the picking up and use of the Offer. In addition, you shall be responsible for any taxes arising or expenses not specifically mentioned in these Rules. You acknowledge that the Promoter shall not be responsible for any costs (including but not limited to delivery, inspection, taxes and/or transaction costs) in relation to or arising from receiving of or using the Offer.
l) You understand and agree that the amount of Offers are calculated on the basis of Euro, US dollars or Rubles and may be converted to local currency on the Promotion page. You further understand and agree that due to time difference and the fluctuation of currency conversion rate, amount of the final coupon you received may be inconsistent with the amount displayed on Promotion page.
8. AliExpress Coins/Coupons Additional Terms and Conditions. If you receive AliExpress Coins or Coupons as Offers, terms and conditions under this paragraph 8 shall also apply.
a) Your account on AliExpress will be credited with the Offer upon you being offered to receive the Offer and your taking of that Offer.
b) You understand and agree that the exchange ratio to AliExpress Coins, amount of Coupons (if applicable) are calculated on the basis of US dollars and may be converted to local currency on the Promotion page. You further understand and agree that due to time difference and the fluctuation of currency conversion rate, amount of the final coupon you received may be inconsistent with the amount displayed on Promotion page.
c) All AliExpress Coins collected by the Eligible Member through the Promotion will expire on the relevant expiry dates stipulated in the Promotion-specific rules under Clause 6 (“Coin Usage Period”).
d) All Coupons collected by the Eligible Member through the Promotion shall only be valid for use during the relevant usage period stipulated in the Promotion-specific rules under Clause 6 (“Coupon Usage Period”).
e) In the case of Coupons as Offers:
i. Coupons that remain unused after the Coupon Usage Period will lapse and cannot be refunded or exchanged for anything; and
ii. Coupons may not be used for certain regions and/or products and/or shipping purposes as may be decided by AliExpress.com from time to time.
f) AliExpress Coins are not legal tender, and under no circumstances shall AliExpress be obliged to provide any cash, credit or equivalent to any Buyer for any forfeited, unused or unutilized AliExpress Coins, nor shall such forfeited, unused or unutilized AliExpress Coins be refundable, transferrable or exchangeable in any way for cash.
g) Use of any AliExpress Coupons is further subject to the AliExpress Coupons terms and conditions: https://helppage.aliexpress.com/buyercenter/questionAnswer.htm?isRouter=0&viewKey=1&id=20060642&categoryIds=9205400&lang=ru.
9. Conflict of Terms and Conditions.
a) In case of any discrepancy in the content between the English and other non-English language versions of these Rules, the English version shall prevail.
b) In the event that any of the terms under these Rules conflict with rules and/or any such related information displayed elsewhere on AliExpress.com, the terms under these Rules shall prevail.
10. Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE PROMOTER BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THIS PROMOTION, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT PROMOTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
11. Disputes. You acknowledge and agree that the Promoter or any of its affiliates shall not be responsible, and shall have no liability to you or anyone else for any dispute or claim that arises out of your participation in the Promotion.
12. Governing Law. You agree that this Promotion is governed, interpreted and enforced by the laws of Hong Kong without regard to its conflict of laws principles. Any and all legal actions, claims or proceedings arising out of, or in connection with this Promotion must be brought in a court of competent jurisdiction in Hong Kong.
13. Marketing costs. Alibaba.com Singapore E-Commerce Private Limited, a company incorporated in Singapore with registered office address at 8 Shenton Way, #45-01 AXA Tower, Singapore 068811, is the sponsor of all marketing costs and expenses in connection with this Promotion.
ANNEX – PRIVACY NOTICE
This Privacy Notice applies to [Spend and Save] and sets out how AliExpress will collect and use the personal data of participants for the duration of this Promotion.
If a participant has any requests, questions or concerns about the use of personal data or this Privacy Notice, please contact our Data Protection Officer at: DataProtection.AE@aliexpress.com.
A. DATA WE COLLECT
For the purposes of [Spend and Save], AliExpress will collect the following types of personal data from participants:
• Name (first and/or last)
• Username on AliExpress
• Publicly available image(s)/video(s) of the participant on AliExpress
• City of residence
B. PURPOSE AND BASIS FOR COLLECTING DATA
AliExpess will collect this data for the purpose of awarding the Offers to the you. Data will be collected and used on the basis of AliExpress’ legitimate interest to serve as platform through which third parties may offer products and services to consumers, including via special offers and promotional activities. As stated in section D below, you have the right to object to this basis for processing your personal data.
C. SHARING OF DATA
AliExpress will only share your personal data with the third-party marketing firms who will be responsible for the direct realization of this Promotion and who are under appropriate contractual obligations to protect the personal data entrusted to them. AliExpress may also share this data internally as necessary for the purposes of this Promotion.
D. STORAGE AND DELETION OF DATA
AliExpress will only store participants’ personal data for as long as necessary to fulfill the purposes of this Promotion, after which time AliExpress will delete this data.
E. RIGHTS CONCERNING DATA
Participants in the Promotion have rights concerning their data, including the right to access, rectify or erase their personal data, as well as the right to object to or restrict the processing of their personal data. If a participant objects to the processing of his personal data, or otherwise requests restriction or deletion, then the participant will no longer be able to participate in the Promotion. Participants also have the right to lodge a complaint about the processing of their personal data with the Supervisory Authority.
F. INTERNATIONAL TRANSFERS OF DATA
AliExpress may transfer participants’ personal data to countries outside of the European Economic Area (“EEA”), including to countries that may not provide the same level of data protection as in a participant’s home country. In such cases, AliExpress has taken appropriate steps to ensure that the recipients of personal data are bound to duties of confidentiality and appropriate contractual safeguards to ensure personal data will remain protected in accordance with this Privacy Notice – including, where applicable, standard contractual clauses. A copy of those clauses can be obtained by contacting us through the means noted above.