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Zhaoonline Service Agreement

Chapter 1 General Provisions 

Article 1 The Service Agreement is subject to any transaction service on the platform of zhaoonline.com provided by Zhaoonline. Any Consignor, Bidder, Buyer and other concerned parties participating in the transactions on Zhaoonline should read the agreement carefully and conform to the provisions hereof. All parties shall be liable for their own actions at transaction and any loss caused by failure to read the Agreement.

Chapter 2 Conditions Mainly Concerning the Consignor

Article 2 Consigning Procedures: When consigning collectible(s) ("collectibles") to Zhaoonline for transaction, the Consignor shall hold a valid identity card, passport, or other certificates approved by the Chinese government in the case of the Consignor being a natural person, and sign with Zhaoonline the Service Agreement on Consigning. A valid certificate of registration, ID of legal representative, or other legal authorization document(s) is required in the case of the Consignor being a legal entity or other organization. When the Consignor asks Zhaoonline to transact his collectible(s), Zhaoonline shall be automatically authorized to make pictures, illustrations, catalogues, or other video images of the collectible(s).

Article 3 The Consignor's Agent: When consigning collectible(s) to Zhaooline for transaction, the Consignor's Agent shall submit to Zhaoonline a relevant authorization letter notarized by a notary agency, and hold a valid identity card, passport, or other certificates approved by the Chinese government in the case of a natural person. A valid certificate of registration, ID of legal representative or other legal authorization documents is required in the case of a legal person or other organization. Zhaoonline reserves the right to examine the above arrangement in any manner it considers reasonable and necessary.

Article 4 The Consignor's Warranties: The Consignor shall make irrevocable warranties to Zhaoonline with respect to the collectible(s) consigned as follows: 1) The Consignor has exclusive and absolute ownership or legal right to dispose of the collectible(s). Without prejudice to any legal interest of any third party (including but not limited to copyright), the Consignor's acquisition and transaction of the collectible(s) shall not violate any law or regulation; 2) The Consignor has, to the best of his knowledge, made a full and detailed description to Zhaoonline with respect to the origin, authenticity, and any flaw or imperfection of the collectible(s) without any fraud; 3) The Consignor shall indemnify and hold Zhaoonline and/or the Buyer from and against any claims, losses and damages, or actions incurred or brought by the actual owner or any third party who claims to be the actual owner of the collectible(s) and all expenses and costs incurred in connection therewith arising out of or in any way attributable to any breach of the above warranties.

Article 5 The Consignor makes warranty that he neither participates on his own nor by proxy in bidding on the Lot consigned by himself. In case the Consignor breaches the warranty, he shall be liable for the related legal responsibilities and indemnify all the losses caused to the Zhaoonline.
Article 6 Zhaoonline may decide, at its absolute discretion, whether the collectible(s) is suitable for transaction on zhaoonline, and conditions and means of transaction, including but limited to: 1) explanation of or comment on any collectible made by the catalogue, news media, and/or other means; 2) adoption of expert's opinion; 3) the Consignor's arrangements for the collectible(s) in illustration, exhibition, and other forms of display; 4) the transaction time of the collectible(s) consigned.

Article 7 After the Consignor has signed this Agreement with and handed over the collectibles to Zhaoonline, unless otherwise indicated by the Consignor in written form, all collectibles shall be automatically subjected to the insurance purchased by Zhaoonline, and the insurance amount shall be agreed separately by Zhaoonline and the Consignor in written form. In case the Consignor does not request any insurance amount with Zhaoonline in written form, the insurance amount shall be based on the starting or buy-it-now price. The damage or loss incurred by the incidents or disasters within the insurance coverage shall be handled in accordance with the Insurance Law of The People's Republic of China and the related laws and regulations, and Zhaoonline will claim damages from the insurance company. The Consignor agrees that Zhaoonline has the right to deduct all the fees the Consignor shall pay and pay the balance to the Consignor after acquiring the damages.   

Article 8 Before bringing the collectible(s) to Zhaoonline for transaction, the Consignor shall take and keep pictures of the actual collectible(s). Otherwise, when dispute over a certain collectible occurs between both parties, Zhaoonline shall not hold any liability if the Consignor fails to provide any picture of the actual collectible.

Article 9 After the collectible(s) is sold, the buyer has cleared payment, and there is no dispute between any parties, Zhaoonline will deduct the Consignor's commission and the other fees agreed in this Agreement, and pay the balance to the Consignor within 20 days after bidding has ended on the collectibles. In case the Buyer does not pay, Zhaoonline may re-list the collectible(s) with the Consignor's permission; for bidding, neither consignor's commission nor lot fee shall occur, while insurance shall still be charged; for buy-it-now, lot fee and 30-day custody fee shall be free. In case the Consignor does not agree on the re-listing, the collectible(s) shall be returned to the Consignor, and Zhaoonline shall not hold any liability.

Article 10 For any collectible consigned, the Consignor may require Zhaoonline update the price or withdraw it before transaction, but shall inform Zhaoonline in written form and assume the expense incurred.

Article 11 Return of the Unsold Collectible(s): In case the collectible(s) is regarded as unsuitable for transaction, unsold, or the transaction is cancelled by Zhaoonline, the Consignor shall retrieve the collectible(s) at his own expense within 60 days after Zhaoonline's notice, and pay consignor's commission and the other fees to Zhaoonline. In case the Consignor fails to retrieve the collectible(s) within the previously-mentioned time, Zhaoonline shall charge daily storage fee, whose standard shall be in accordance with Zhaoonline Storage Fee Standard. The risk of the collectible's damage or loss is automatically transferred to the Consignor from the day Zhaoonline hands over the collectible(s) to the shipping agency. Hence, the insurance for the shipment of the returning collectible(s) should be purchased by the Consignor.

Article 12 Suspension of Transaction: Zhaoonline may suspend any transaction at any time under any one of the following situations without being held any liability: (1) Zhaoonline has objection to the ownership, legality or authenticity of the collectible(s); (2) Zhaoonline has objection to the explanation of the Consignor or the accuracy regarding the Consignor's warranty; (3) any other reasonable causes.

Article 13 For any collectible that has been sold and settled, Zhaoonline has the right to assist the Buyer in recovering the payment in case the collectible bears authenticity problem.

Article 14 Before the termination of this Agreement, the Consignor must not consign to others the collectible(s) already consigned to Zhaoonline for transaction. 

Chapter 2 Conditions Mainly Concerning the Bidder

Article 15 The Bidder is a person or an organization that has registered on Zhaoonline's website, finished all necessary procedures, and had the right to bid in transaction, otherwise he will not be regarded as a formal Bidder.

Article 16 Display of Collectible(s): In the transaction held by Zhaoonline, for the convenience of the Bidder and the Consignor, pictures will be made to brief the status of the collectible(s) with words and/or pictures, which are subject to revision before transaction. The words, reference price, pictures of the collectible(s), and other images and advertisements are only for the Bidder's reference, not meaning Zhaoonline's guarantee for the authenticity, value, tone, quality, and flaw or defect of the collectible(s). Zhaoonline shall neither guarantee the authenticity or the quality of the collectible(s), nor be held liable for the flaw or defect of the collectible(s).

Article 17 Uncertainty of Display: In case that the tone, color, gradation and shape shown in pictures and/or any other illustrations, images, and advertisements differ from those of the original collectible(s) due to scanning, printing, photograph or other technical reasons, the original shall apply. Any statement and comment in any ways (including but not limited to the certificate, catalogue, slide show, news media) on any collectible made by Zhaoonline and its employees or its agents are for reference only, and shall not be relied upon as any guarantee for the collectible(s). Zhaoonline and its employees or agents shall not hold liable for any inaccuracy or omission in the statement and comment mentioned above.
Article 18 Inspection by the Bidder: It is the legal responsibility of the Bidder and/or his agents to personally inspect and investigate the actual status of the collectible(s). Zhaoonline suggests that the Bidder or his agents judge by himself whether the original collectible(s) is in line with the description in addition to the display, other images, and advertisements of the collectible(s) published by Zhaoonline.

Article 19 A membership system is applied to Zhaoonline. No one shall have the right to bid on any collectible on the platform of Zhaoonline until he completes the registration according to all conditions. Without registration, one may browse the collectibles or enjoy the other services of Zhaoonline in a certain range, but is not entitled to participate in bidding.

Article 20 An auction quota system is applied to all members of Zhaoonline: 1. Acquire auction quota: 1.1) The proportion of deposit to auction quota is 1:100, namely every RMB 1.00 deposit will bring 100 auction quota; 1.2) The deposit can be returned to the member without interest, and the member's auction quota will accordingly decrease by then; 1.3) The details of the deposit and auction quota can be tracked in the member's account; 2. Free auction quota: 2.1) Each member of Zhaoonline's English site will be offered 1.500 auction quota; 3. For some specific collectible(s) on Zhaoonline, special registration is required for placing bids apart from the necessary auction quota.

Article 21 Two transaction methods are available on Zhaoonline: Buy-it-now (or Mall) and Bidding. In Buy-it-now (or Mall), the member can place his bid according to the actual situation; for bidding, the member can place the lowest bid required according to the actual situation. He can also set up Proxy Bid to let the system bid on his behalf.

Article 22 Zhaoonline bears an Auto Bid system. When the Bidder wants the system to automatically bid on his behalf, he shall set up it according to the tips of the system. If Auto Bid is being used, one can be a high Bidder under the condition that his maximum bid amount is higher in an increment than the bid placed by normal bidding. Zhaoonline's Auto Bid program adopts an increment system, that is, each price range defaults different increment. When the Bidder is setting up Auto Bid, clear tips will be provided.

Article 23 In case of any abnormal events at transaction, Zhaooline reserves the right to deal according to the actual situations. In case abnormal events occur in bidding due to network congestion or Internet technology, Zhaoonline has the right to cancel the results of transaction, and does not need to be liable for any party. 

Article 24 The Bidder becomes the Buyer after winning the collectible(s). Apart from the winning price, the Buyer also has to pay the related premium, and assume all related costs and expenses caused by sending payment and logistics delivery during the course of transaction.

Article 25 The Buyer shall pay within 7 days after the collectible(s) is traded (including the related fees like price realized and shipping), and online (or by telephone, fax) submit a remittance notification. The payment period for any individual collectible with special instructions will be announced separately by Zhaoonline when it is listed for transaction. If special situation occurs, the Buyer may request payment extension in written form, but the payment can be postponed only with Zhaoonline's written permission.

Article 26 Zhaoonline will, arrange the shipping agency which it is in cooperation with, to ship the collectible(s) to the designated location after receiving the total amount payable from the Buyer. The risk of the collectible's damage or loss is automatically transferred to the Buyer from the day Zhaoonline hands over the collectible(s) to the shipping agency. Hence, the insurance for the shipment of the returning collectible(s) should be purchased by the Buyer.    

Article 27 The Buyer can also go to the location designated by Zhaoonline to pay and make local pick-up.

Article 28 If the Buyer fails to clear the payment for the collectible(s) within the set time: 1) The Buyer cannot enjoy the services related; 2) The Buyer authorizes Zhaoonline to use his balance to pay all the charges related; 3) Zhaoonline has the right to deduct the Buyer's deposit; 4) Zhaoonline reserves the right to brings a lawsuit against the Buyer, and require him indemnify Zhaoonline's losses caused by the Buyer's breach of this Agreement.    

Article 29 If the Buyer fails to clear the payment for the collectible(s), besides the rights stated in Article 28, Zhaoonline also have the right to: 1) suspend the Buyer's bid history on the other collectibles on Zhaoonline's site; 2) suspend the Buyer's membership, after which Zhaoonline will issue a Account Liquidation Notice. In case the Buyer does not respond within three month, Zhaoonline has the right to liquidate his account.

Article 30 Zhaoonline's employees may arrange packing and handling of the purchased collectible(s) on behalf of the Buyer as the case maybe on his request, and the Buyer shall be liable for any loss arising thereupon. In addition, Zhaoonline shall hold no liability for any fault, omissions, damages or losses caused by the packers and carriers recommended by the Buyer.

Article 31 Zhaoonline, may, at its own discretion and any time, cancel the membership of any bidder who has broken the law or violated this Agreement, and   

Article 32 Each member shall on his own protect his membership. Unless Zhaoonline confirms in written form that some bidder is the agent of some member who identifies himself, the bidding action shall be regarded as the action of the member himself. Zhaoonline shall not hold any liability.

Article 33 Dispute over Collectible(s): In case the Buyer has dispute over a collectible after transaction, he cannot defer the payment or refuse to pay on the grounds of the dispute unless he can provide certifying documents recognized by Zhaoonline or issued by government agencies. Zhaoonline agrees to mediate in the dispute between the Buyer and the Consignor, but cannot make any promise to settle the dispute or any guarantee of the result of the mediation.    

Article 34 Confidentiality: Zhaoonline shall be obligated to maintain the confidentiality of any information provided by the Consignor, the Bidder and the Buyer, and protect all legal rights of the Consignor, the Bidder, the Buyer and Zhaoonline itself from any infringement according to this Agreement and the relevant laws of the People's Republic of China.

Article 35 Copyright: Zhaoonline has the right to take photographs, make illustrations, catalogues or other images relating to the collectible(s) consigned to Zhaoonline for transaction and shall have the copyright for such photographs, illustrations, catalogues or other images mentioned above.

Article 36 Liability Exemption: Zhaoonline, acting as the agent of the Consignor, shall not be liable for any breach of this Agreement by the Buyer or the Consignor.

Article 37 Settlement of Dispute: If any dispute arises from participation in the transaction pursuant to this Agreement, all concerned parties shall submit such dispute to a Chinese court or a Chinese arbitration commission for arbitration. The legal basis to settle these disputes is the law of the People's Republic of China.

Article 38 Zhaoonline.com is based on the mutual trust between the website and the members. All members of Zhaoonline are obliged to respect and abide by all articles of this Agreement. Zhaoonline may revise these articles from time to time if necessary. The revised agreement will automatically take effect after announced on Zhaoonline, and shall be applied to all members. Once revision is made, the details will be announced on Zhaoonline's website for the members' attention. In case there is any member who does not agree on the revision, he shall stop using the "Services". Hence, in case each member wants to continue using these services, he shall regularly browse this Agreement to know about the latest regulations, and needs to accept the new articles and conditions. Under no circumstances can any member make request or plea on grounds of not knowing about this Agreement.

Article 39 This Agreement comes into effect on July 20th, 2011.
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