Article 1: Contracting Parties
This agreement is jointly signed by the O&Kmarts website (Sichuan Qianzheng Technology Co., Ltd.) and the
users participating in the auction.
Article 2: Contract Background
In order to maintain the order of auction transactions on the O&Kmarts website, regulate auction behavior,
and protect the legal rights and interests of the auctions, if you browse auction information, participate
in an auction, and bid successfully, you will be bound by the purchase and sale contract.
Article 3: Validity and Applicability of the Agreement
By clicking "confirm" on the webpage or choose to accept this agreement through any other means, which
means
that you have reached an agreement with okmarts.com and agree to accept all the terms of this agreement.
When you click "confirm" or complete any other action to accept this agreement, it shall take effect
immediately.
Article 4: Conditions for Participating in the Auction
Buyers who meet the following conditions are eligible to participate in the auction: O&Kmarts mall members
who have paid a deposit and confirmed acceptance of OKmarts' "Service Agreement" and "Bidding Agreement".
Article 5: Provisions Related to Bidders
(1) Use of Bidding Account and Password
All operations performed on this platform after logging in with the bidder's account and password are
deemed to be the actions of the bidder, and the bidder shall be legally responsible for all activities
and
events conducted with his or her account.
The bidder shall not transfer or lend his or her account and password to any other
individuals/organizations. If the bidder discovers that his or her account has been illegally used by
others, he or she should notify the platform immediately. The platform shall not be held responsible for
any unauthorized use of the account and password caused by hacker attacks, intentional or negligent
actions of the user.
(2) Risks of Online Bidding
It is not ruled out that the online auction may be affected by any malfunction (including but not
limited
to unstable Internet, network failures, circuit failures, system failures) or be maliciously attacked by
network hackers. Online bidding is different from on-site bidding, and online bidders must fully
estimate
the risks caused by the above reasons. The online bidder shall bear the responsibility for the losses
caused by the above situations or her/his operational errors. The online bidder waives any claims for
compensation against the platform for the following situations:
-
System shutdown for maintenance purposes.
-
Communication terminals or telecommunication equipment unable to transmit data.
-
System failures and service unavailability due to force majeure factors such as typhoons, earthquakes,
tsunamis, floods, power outages, wars, terrorist attacks, etc.
-
Service interruptions or delays caused by hacker attacks, telecom infrastructure adjustments or
failures, website upgrades, and other reasons, etc.
Before participating in the auction, the bidder should fully understand the auction announcements,
bidding
instructions, auction time, auction process, and other related information and requirements published by
the platform, understand the current condition of the auction goods, carefully consider the various risk
factors associated with the goods, and bear all potential transaction risks.
Once the online bidder participates in online bidding, they acknowledge and accept the objective state
of
online auctions.
(3) Payment of Security Deposit
Online bidders are required to pay a bidding security deposit in accordance with the auction
announcement,
bidding instructions, etc.
(4) Online Bidding Right
After the bidder has paid the required security deposit, he or she can participate in the auction and
place bids once it commences.
(5) View Auction Items
Bidders can browse auction information online and view photos and text descriptions of the items.
However,
the quality and quantity of the auction items are subject to their actual condition at the time of the
auction.
Bidders must acknowledge and accept the quality and existing defects of the auction items when placing
bids online.
(6) Online Bidding
After the auction begins, bidders can place bids based on the current displayed price on the platform
page. The system provides a fixed bidding increment, and on this basis bidders can adjust the increase
range by using the "+" or "-" symbols. The system keeps a record of each successful bid made by the
bidders, and the highest bidder at the end of the auction becomes the buyer of the auction item. The
information recorded by the system serves as an important basis for determining the validity of the
buyer.
(7) Payment of Auction Item Price and Related Fees
The buyer must carefully review the amount to be paid for the auction, including the auction item price,
shipping fees, and other relevant costs, as stated in the auction announcement, bidding instructions,
and
auction rules. The bidder is required to make full payment to the platform within the specified time for
the outstanding balance.
(8) Dealing with Breach of This Agreement
1. Violation Circumstances:
If the bidder engages in the following circumstances, the court will
handle it accordingly based on the Civil Procedure Law of the People's Republic of China, the Provisions
of the Supreme People's Court on the Auction and Sale of Property in the Civil Execution of People's
Courts and relevant laws and regulations:
-
The successful bidder fails to pay the outstanding balance, resulting in the failure to achieve the
auction's purpose.
-
Malicious collusion among bidders.
-
The bidder has other violations of legal provisions.
2. Penalties for Malicious Bidding
In order to protect the rights and interests of other bidders in regular auctions, users involved in the
aforementioned violations must bear corresponding responsibilities, including fines imposed on the
security deposit according to the platform's bidding rules and adhering to corresponding agreements,
such
as a prohibition from participating in any auction activities within 7 days or other agreed-upon things.
(9) Bidders must abide by relevant agreements that are not mentioned in the bidding agreement but
exist
in the auction announcement, bidding instructions, auction process, and bidding rules.