Chapter 1 General Provisions
Article 1 The Service Agreement is subject to any buying and selling service on the platform of zhaoonline.com provided by ZHAOONLINE. Any Consignor, Bidder, Buyer and other concerned parties that participate 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 upon 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 requests 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 ZHAOONLINE for transaction, the Consignor's Agent shall submit to ZHAOONLINE a relevant authorization letter notarized by a Chinese 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 collectible(s) 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 the conditions and means of transaction, including but limited to: 1) explanation of or comment on any collectible(s) made by online display, catalogues, 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 collectible(s) 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 value shall be agreed separately by ZHAOONLINE and the Consignor in written form. In case the Consignor does not specify any insurance value to ZHAOONLINE in written form, the insurance value 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(s).
Article 9 After the collectible(s) is sold, the buyer has paid all charges, and there is no dispute between any parties, ZHAOONLINE shall deduct all fees payable by the Consignor, and pay the balance to the Consignor within stipulated time period after bidding has ended on the collectible(s). In case the Buyer does not pay, with the Consignor's permission, ZHAOONLINE may re-list the collectible(s), of which the commission and lot fee may be waived, while insurance fee and the other related fees shall be charged. In case the Consignor does not agree to re-list the collectible(s), the collectible(s) shall be returned to the Consignor, and ZHAOONLINE shall not be held liable for it.
Article 10 For any collectible(s) consigned, the Consignor may require ZHAOONINE update the starting 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 inappropriate 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 returned collectible(s) should be covered 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(s) that has been sold and settled, ZHAOONLINE has the right to assist the Buyer in recovering the payment in case the collectible(s) bears authenticity problem.
Article 14 Before the termination of this Agreement, the Consignor must not consign to any other party the collectible(s) already consigned to ZHAOONLINE for transaction.
Chapter 3 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 activities, otherwise any person or organization shall not be regarded as a formal Bidder.
Article 16 Definition of the Authenticity of Collectibles: (1) ZHAOONLINE shall be held responsible for the authenticity of the consistency of the actual collectible(s) and its textual description in the "Lot name" column [excluding collectible(s) listed in Free Zone]; (2) ZHAOONLINE shall not be held responsible for the authenticity of any collectible(s) listed in Free Zone. Buyer is obliged to authenticate the collectible(s) on his own or with the help of related experts before placing bids.
Article 17 In the transaction activities held by ZHAOONLINE, to facilitate the inspections by the Bidder and the Consignor, textual descriptions and images of some collectibles shall be provided to brief the status of the collectible(s). In case there is any inconsistency between the textual descriptions in the “Lot name” column and the images, actual collectible(s), ZHAOONLINE has the right to cancel the transaction of the lot. Apart from the situations defined in Article 16, Buyer may not request the cancellation of the transaction in case incorrectness occurs in other aspects.
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, any individual 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 deposit will bring about auction quota according to the proportion stipulated by ZHAOONLINE; 1.2) The deposit is refundable to the member without paying interest, and meanwhile his auction quota will accordingly decrease; 1.3) The details of the deposit and auction quota can be tracked in the member's account; (2) Free auction quota: 2.1) As soon as he has registered, the member of ZHAOONLINE's English site will be offered 1,500 free auction quota; 2.2) the free auction quota may not be converted to cash; 2.3) for some specific collectible(s) on ZHAOONLINE, special registration is required for placing bids apart from the necessary auction quota.
Article 21 Any individual who bids on ZHAOONLINE shall comply with the rules of transaction announced by ZHAOONLINE. The Bidder shall, for himself, confirm the amount to input before placing bids. Once a bid has been placed, it shall be regarded as the acknowledgement of the Bidder himself.
Article 22 Any error in placing bids caused by network latency or the environment in which the Bidder places his bid(s) shall not be deemed as the basis of appeal or cancellation of transaction.
Article 23 In case of any abnormal events at transaction, ZHAOONLINE 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 has to pay the related premium as well, and assume all related costs and expenses caused by sending payment and logistics delivery during the course of transaction.
Article 25 If without any special instructions, the Buyer shall pay all related fees through the payment channels provided by ZHAOONLINE within the stipulated time after the collectible(s) is traded. The payment period for any individual collectible with special instructions will be announced separately by ZHAOONLINE when 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 that 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 collectible(s) should be covered by the Buyer.
Article 27 The Buyer may go to ZHAOONLINE’s designated location to pay for and pick up the collectible(s) he has won.
Article 28 If the Buyer fails to clear the payment for the collectible(s) within the stipulated 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 bring a lawsuit against the Buyer, and require him indemnify ZHAOONLINE's losses caused by the Buyer's violation of this Agreement.
Article 29If the Buyer fails to clear the payment for the collectible(s), apart from the rights stated in Article 26, ZHAOONLINE also have the right to: 1) suspend the Buyer's bid history on the other collectibles on ZHAOONLINE's website; 2) suspend the Buyer's membership, after which Zhaoonline will issue an Account Liquidation Notice. In case the Buyer does not respond within three months, 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 shall not be obliged to hold any liability to the related Bidder.
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, and ZHAOONLINE shall not hold any related 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 acknowledged by ZHAOONLINE and issued by government agencies; however, the Buyer can raise to ZHAOONLINE his re-consideration request, and ZHAOONLINE agrees to mediate in the dispute between the Buyer and the Consignor, but cannot make any promise to resolve the dispute or any guarantee of the result of the mediation.
Article 34 All fees shall be settled in Renminbi (Chinese Yuan) unless otherwise indicated.
Article 35 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 36 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 37 Liability Exemption: ZHAOONLINE, acting as the agent of the Consignor, shall not be liable for any violation of this Agreement by the Buyer or the Consignor.
Article 38 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 laws and regulations of the People's Republic of China.
Article 39 This Agreement is based on the mutual trust between ZHAOONLINE and its members. All rules, regulations and standards not specified in this Agreement shall be announced by ZHAOONLINE separately, automatically becoming one of the components of this Agreement. All members of ZHAOONLINE are obliged to respect and abide by all articles of this Agreement. ZHAOONLINE may update these articles or their components from time to time if necessary. The updated Agreement or its updated components will automatically take effect after announced on ZHAOONLINE’s website, and shall be applied to all members. In case any individual member does not agree on the update, he must stop using “the Services”. Hence, in case each member wants to continue using these services, he shall regularly view this Agreement to know about the latest rules, regulations and standards, and need 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 or its components.
Article 40 This Agreement takes effect on June 20, 2012.