LIVE BIDDING TERMS AND CONDITIONS

1. LIVE Bidding

LIVE Bidding is a feature that allows users ("Participants") to submit offers to make a purchase during select LIVEs from third-party sellers (the "Sellers"). Participants can place an offer manually or set a maximum purchase offer which would enable automatic submissions based on the Participant's selected limits.
TikTok Technology Limited ("TikTok")'s involvement is limited to providing the product features for LIVE Bidding. LIVE bidding events are under the Seller's sole responsibility. Please note that TikTok is not a party to any contract of sale concluded between you, the Participant, and the Seller.
These Terms are subject to, and shall also include, EU: TikTok Shop Terms of Use, and EU Seller Terms of Sale, EEA/UK/Switzerland: TikTok Terms of Service, TikTok Privacy Policy any other applicable terms and policies, as may be amended from time to time in accordance with the terms therein (altogether, the "TikTok Policies"). In the event of any conflict between these Terms and other TikTok Policies, these Terms shall prevail. TikTok reserves the right to suspend, postpone or withdraw LIVE Bidding at any time without prior notification.
Please note that LIVE Bidding is available only in certain eligible countries. Whether you are entitled to participate in LIVE Bidding will depend on your country of residence and your meeting the eligibility requirements as described below. For this purpose, data will be processed in accordance with the TikTok Privacy Policy.
Please note that anyone in the LIVE Bidding event can see offers submitted by other Participants throughout the LIVE.
A countdown timer will be displayed during the LIVE Bidding event, and all offers must be submitted prior to the conclusion of the countdown timer. The Participant with the highest bid at the end of the timer commits to purchasing the item.
There are two types of auctions Participants can partake in:

• Fixed Auction: The countdown timer is final - bidding closes exactly when it hits zero, with no additional time added.
• Extended Auction: If a bid is placed during the final 10 seconds, the timer is automatically reset to 10 seconds with each new bid. This extension can occur multiple times until no further bids are placed before the timer expires.

(Please note that "auction" is used here as a descriptive term, and the LIVE Bidding feature may not meet the legal definition of an "auction" under applicable laws).


2. Eligibility

To participate in LIVE Bidding, you, the Participant, must:

• Have a verified payment method and shipping address in your account.
• Be at least 18 years old.
• Be in good standing with TikTok.

3. Placing a Bid

You must enter or update your payment method and shipping address before placing a bid. Your payment method may be temporarily charged a nominal charge and then credited back to your account. We will place a temporary hold on your payment method to verify funds.
By placing a bid, you are making a legally binding offer to enter into a contract with the Seller of the item if you are the highest bidder at the end of the LIVE Bidding event.
If the functionality is available, you may choose to submit a maximum bid amount (“Max Bid”), which represents the highest price you are willing to pay for the item. Submitting a Max Bid constitutes a legally binding offer up to your stated Max Bid amount. If you do so, bids will be automatically placed in fixed increments to help you remain the highest bidder, up to, but not exceeding, your Max Bid. The current displayed price may therefore increase automatically when competing bids are placed. If another bidder’s Max Bid exceeds yours, your bid will be automatically outbid. Conversely, if your Max Bid exceeds another bidder’s Max Bid, a bid will be placed on your behalf at an amount equal to the other bidder’s Max Bid plus the fixed increment, by which that bidder’s bid will be automatically outbid. Each such automatic bid placed has the same legal effect as if you had placed it manually and is legally binding. You remain responsible for all bids placed up to your Max Bid, unless otherwise required by applicable law.
Once the auction ends, if you are the highest bidder, an order will be automatically created and you will be charged immediately. The item will be shipped to the shipping address you provided, or to your default shipping address if none was specified.


4. Payment and Charges

If your payment method fails, you will have up to 15 minutes to add a valid payment method. After that time, your order will be canceled.
If payment cannot be processed, you may be blocked from participating in future LIVE Bidding events.


5. Bidding Rules

• All bids are binding. Once a bid is placed, it can't be retracted.
• No promotions or discounts (other than shipping promotions) apply to auction items.
• Please note that products offered in LIVE Bidding may be available elsewhere on TikTok Shop for a fixed price.
• Any manipulation of the bidding process, including bidding on your own item or coordinating with others to artificially increase the price (shill bidding), is strictly prohibited and will result in cancellation, disqualification, and potential account suspension.

6. Cancellation, Return and Refund Policy

• LIVE Bidding items will follow the specific cancellation, return and refund rules described below, as well as the general rules set out in the TikTok Shop EU Returns, Withdrawal and Legal Warranty Rights Policy , as long as these general rules do not contradict the specific rules described below. In the event of a conflict between the cancellation, return or refund rules set out in these Terms and the TikTok Policies or any other TikTok terms and policies, these Terms will prevail.
• Unless you purchase an item which falls under one of the exceptions set out in section 2 of the TikTok Shop EU Returns, Withdrawal and Legal Warranty Rights Policy , your statutory cancellation right and your extended returns benefit will apply according to the TikTok Shop EU Returns, Withdrawal and Legal Warranty Rights Policy.
• Cancellation requests before your order is shipped are handled by the Seller. If the Seller fails to process your cancellation request, you can submit a return request once the order has been shipped and return your item(s) after receipt.
• If you have not received your item(s) within the period of time stated by the Seller, you will be able to request the cancellation of your order and a refund. Cancellation requests in the event of delayed deliveries are handled by the Seller. If the Seller fails to process your cancellation and refund request, you can apply to TikTok Shop to have this decision reviewed in accordance with section 9 of the TikTok Shop EU Returns, Withdrawal and Legal Warranty Rights Policy . You will also be able to return your item(s) in accordance with the TikTok Shop EU Returns, Withdrawal and Legal Warranty Rights Policy .
• If you repeatedly request to cancel orders and/or return item(s) purchased via LIVE Bidding in bad faith, your ability to participate in LIVE Bidding may be restricted.

7. Cancellation of Auctions

TikTok reserves the right to cancel an auction for reasons such as suspected fraud, technical issues preventing the auction from running smoothly, or at TikTok's sole discretion. In the case of technical issues, the Seller or TikTok may re-run the auction.
TikTok is not responsible for any event of force majeure (including natural disasters, activities subject to the instructions of government agencies, cyberattacks, pandemic, actions taken by governments meeting the 'force majeure' definition), system failure qualifying as 'force majeure', actions of third parties (other than TikTok's subcontractors), which result in loss, damage or disappointment suffered as a result of your participation in (or inability to join) a LIVE Bidding event.


8. Shipping

If you are the highest bidder at the conclusion of the LIVE Bidding session, the item will be shipped to the address you provided at checkout or the default address if no update was made.
Please ensure your shipping address is accurate, as any delays or issues with delivery due to the inaccuracy of your shipping address are your responsibility.


9. Fraud Prevention

Buyers shall complete all auction bids, purchases, and payments exclusively through TikTok Shop.
If you engage in an off-platform transaction, TikTok will not be responsible for the order, payment, product quality, delivery, cancellation, return and refund services, or any associated loss.
Participating in off-platform transactions may also result in restrictions of your account or access to auction features.
TikTok reserves the right to cancel any auction suspected of fraudulent activity. TikTok reserves the right to disqualify or block any Participant from use of LIVE Bidding functionality if TikTok has grounds to believe that (i) you have tampered with or attempted to tamper with the process or operation of LIVE Bidding; (ii) you have breached these Terms or any TikTok Policy; (iii) you have engaged in any conduct not in the spirit of the LIVE Bidding event; (iii) you have made misrepresentations or engaged in any illegal, criminal or fraudulent activity in connection with LIVE Bidding; (iv) you have employed any agent or bot or an external automated process to participate for you.


10. Disputes and Governing Law

These Terms are governed in accordance with, and all disputes arising out of or in connection with these Terms shall be subject to the applicable governing law and dispute resolution provisions of EU: TikTok Shop Terms of Use, and EU Seller Terms of Sale.


11. Disclaimer, Exclusion of Warranty

TikTok acts solely as an intermediary provider and merely facilitates the transaction between the Seller and You. As an intermediary, TikTok:

• Is NOT an auctioneer or auction house and as such is not subject to auctioneer licensing requirements under applicable law.
• Disclaims any responsibility for verifying that Sellers possess necessary licences or comply with any legal or regulatory requirements related to the sale of the item.
• Makes no representations or warranties regarding the condition, authenticity, or fitness for a particular purpose of any item sold through LIVE Bidding. All claims regarding the item are against the Seller.

Other than as expressly set out in these Terms, TikTok does not make any promises or commitments about LIVE Bidding events, or the in-app functionality, such as the specific function of LIVE Bidding, or its reliability, availability, or ability to meet your needs.


12. Severability

If any of these Terms herein are found to be illegal, invalid, or otherwise unenforceable, then they shall be deleted from these Terms and the remaining terms shall survive and remain in full force and effect.


13. Modifications to Terms

TikTok reserves the right to modify or update these terms from time to time in accordance with EU: TikTok Shop Terms of Use and EU Seller Terms of Sale.