General terms and conditions for the sale and use of services of the ARTPRECIUM company
ARTICLE 1 - IDENTITY
1.1 - THE ARTPRECIUM COMPANY
ARTPRECIUM is a simplified joint-stock company under French law, with capital of €10,000 and headquartered at 3 rue de Provence, 75005 Paris, France. ARTPRECIUM is registered on the Paris Trade and Companies Register under SIRET number 531 600 559 000 11.
ARTRECIUM may be contacted by:
• Telephone at +33 (0)147 279 329 from Monday to Friday, 8 am to 7pm.
• The online contact form.
• By email:
[email protected]
ARTPRECIUM is a company involved in the voluntary public auctions of furniture, as authorised by the National Council of Voluntary Sales (Conseil des Ventes Volontaire), according to decision number 2011-772 dated 18 March 2011.
Publishing Director is Mr Lucas TAVEL.
1.2 - HOSTING
ARTPRECIUM's website, www.artprecium.com is hosted by ITIKA Groupe, 3 place de la Rotonde, 13014 Marseille, France. Telephone: +33 (4) 914 253 41.
The website is an electronic Web-enabled platform that enables the voluntary public auctions of moveable assets, to be performed remotely online. It complies with applicable French legislation regarding public auctions and, more specifically, under Act number 2000-642 of 10 July 2000.
ARTICLE 2 - OBJECT
The General Terms and Conditions for the sale and use of the services of the ARTPRECIUM Company, as provided online at www.artprecium.comare intended to define the conditions under which free appraisals are performed on the www.artprecieum.fr website and under which Good(s) offered by ARTPRECIUM are sold via voluntary public auctions from the website, as well as rights and obligations of the Parties involved in the online services offered by ARTPRECIUM to the Client. It complies with applicable French law pertaining to public auctions and, more specifically, Acts n°2000-642 of 10 July 2000 and n°2011-850 of 20 July 2011.
The website is available in French and in English.
ARTICLE 3 - DEFINITIONS
Within the framework of the General Terms and Conditions, the following words starting with a capital letter are defined as follows, whether in their singular or plural form:
« ARTPRECIUM »
The company acting as an agent for the owner of a Good that is put up for sale remotely via a public electronic auction to sell the Good to the highest Bidder.
« Successful Bidder »
A Bidder that has submitted the highest bid (which exceeds the Reserve Price, where applicable) at the end of the tender period and to whom the Good has been sold.
« Good »
Any Good listed in a catalogue that has been published online by ARTPRECIUM.
« Client »
Indifferently means Bidder, Successful Bidder or Client of the Website.
« Auctioneer »
An employee of the ARTPRECIUM company who has been authorised by the National Council of Voluntary Sales (Conseil National des Ventes Volontaires) to run voluntary sales at public auctions.
« Bidder »
Any Client that registers to the Website, in order to submit bids for Good(s) that he/she/he wishes to acquire.
« Internet »
Different server networks located in several places in the world that are connected together via communication networks and communicate one with another using a specific protocol named TCP/IP.
« Party »
Refers individually to the Client and/or ARTPRECIEUM and collectively to the Parties.
« Drouot Live Platform »
A technical platform, as edited by the Auctionspress company, enabling remote electronic participation in public auctions that take place in sales rooms.
« Reserve Price »
Minimum price decreed by the seller, under which the Good cannot be sold. If the Good has benefited from an appraisal, the price cannot be higher than the lowest appraisal mentioned in the sale advertisement or publicly announced by the person who runs the sale and which has been recorded in the minutes.
« Website »
The www.artprecium.com website is an infrastructure system developed by ARTPRECIUM with Internet-friendly information technology formats and comprising data of different kinds, including texts, sounds, fixed or moving images, videos, databases, available for the Client to visit, in order to get to know the Goods.
« User »
The person who has created an account on the Internet.
"SVV"
Voluntary sales companies have replaced auction practices since the law changed on 10 July 2000
ARTICLE 4 - ACCEPTANCE AND OPPOSABILITY OF GENERAL CONDITIONS OF SALE
The Client's registration to the Website cannot be submitted without prior consultation and acceptance of the Conditions of Sale which contain all obligations for the Parties.
When clicking on the box "I accept the general Conditions of Sale and Use of the website," the Client acknowledges that they have carefully read the Conditions of Sale, prior to the contract, which expressly represents having accepted them without restrictions. Consequently, the Client acknowledges that they have been fully informed that their acceptance of the content of the Conditions of Sale does not require their handwritten signature on the document, insofar as they wish to place an online order for the services displayed on the www.artprecium.com website. The Client acknowledges that the Conditions of Sale are legally binding on him/her/his. It follows that registering on the www.artprecium.com implies full acceptance of the Conditions of Sale and Use.
ARTICLE 5 - REGISTRATION
5.1 - CONDITIONS OF REGISTRATION
The Client who wishes to raise a bid in an auction sale on the Website must follow the registration process, whereby she/he can obtain her/his client number.
To do so, the Client must fill out the relevant online form. She/he must provide the following information: full identity, International Bank Account Number (IBAN), telephone number, valid email address and confidential and personal password, so that she/he can bid.
Compulsory fields are shown with asterisks, and these must be filled out for the registration to be processed. The Client represents and guarantees that she/he is older than eighteen (18) years old and has full legal capacity. The Client shall assume full responsibility for providing all requested information. The Client represents and warrants that she/he is solvent.
Once she/he has provided the information, and prior to validating her/his registration to the Website, the Client must accept the General Conditions of Sale.
The Client ensures that the information provided is accurate. Any misrepresentation of the facts is the Client's sole responsibility. The Client commits to updating all her/his information.
Once her/his registration has been validated, ARTPRECIUM sends an electronic message to the Client, in order to confirm her/his registration to the www.artprecium.com .
5.2 - USERNAME AND CONFIDENTIAL PASSWORD
The Client must choose a username and a confidential password. She/he has sole responsible for her/his confidential password. The password is strictly personal and non-transferable. The Client carries full responsibility for the confidentiality of her/his password. Disclosure of her/his confidential password by the Client is her/his sole responsibility. ARTPRECIUM cannot access Clients' confidential passwords. Upon losing or forgetting the password, the Client will report the matter to ARTPRECIUM as soon as possible, using the following email address:
[email protected].
During subsequent visits to the www.artprecium.com website, the Client will be required to indicate her/his username and password to access her/his account. In addition to these contact details, the Client will have access to her/his history of auctions, invoices and accounts, and the management interface for estimates.
5.3 - REGISTRATION TO WWW.DROUOTLIVE.COM WEBSITE
For some sales, the Client will be invited to register to the www.drouotlive.com website. Registration on the Drouot live platform is ruled by the Conditions of Use of the www.drouotlive.com website.
The Client is expressly informed that www.drouotlive.com is a website that is edited by a third-party company.
ARTICLE 6 - DESCRIPTION OF AUCTIONS
6.1 - CONDUCT OF PUBLIC AUCTIONS
Signing up is necessary to bid. Bids are submitted either directly on the Website or via a purchase order that is transferred to ARTPRECIUM by the Client. Any bid implies acceptance of the prices and descriptions of any Goods available for sale. Any registered bid must then be confirmed, as it is likely to result in the Goods being sold to the Bidder who submitted it. Placing a bid and confirming it commits the Bidder and makes her/him the owner of the Good when the auction closes, if no higher bid has been submitted thereafter and assuming the Reserve Price has been reached or exceeded, where applicable. Any bid that has been submitted and confirmed by a Bidder on the Website, in accordance with the Conditions of Sale, results in a remote sales contract that complies with the Conditions of Sale accepted earlier.
The first Good is available for sale at the time (Paris time) at which the catalogue sale begins. The subsequent Goods become available for sale in the sequential order specified in the auction catalogue. The seller of a Good is not allowed to bid on a Good that belongs to him- or herself. The Auctioneer runs the sale live and knocks down the Good at auction when there have been no bids for a given time. A warning is given three seconds before the hammer falls, and then the word "Sold" appears on the screen, once the hammer has fallen. The auction may be direct (Article 6.2) or automatic (Article 6.3).
6.2 - DIRECT AUCTION
The auction is "direct" when the Bidder bids directly on a Good for an amount higher than the Reserve Price or the previous auction. The bid increment is automatically determined by ARTPRECIUM based on the amount of the bid. In a case when two Bidders place the same bid, the prevailing bid is the one that was brought first to the attention of the Auctioneer running the sale.
6.3 - AUTOMATIC AUCTION
The auction is "automatic" when the Bidder confidentially records the maximum amount she/he is willing to pay for the Good on the Website. The auction is accounted for automatically and is only triggered during the sale, depending on the bids placed by other bidders.
In a case where two Bidders place the same automatic bid, the bid that was submitted first prevails.
In the case where a Bidder makes an online bid for the same amount and at the same time as an automatic order, the online bid prevails.
6.4 - ONLINE AUCTION
6.4.1 Participation in the online auction
To participate in an online sale auction, the Client must register on the www.artprecium.com website by connecting to her/his existing account or by creating an account, as provided in Article 5 of the General Conditions of Sale.
As part of the online auction, the Client chooses the sale in which she/he wishes to participate and then chooses the lot in which she/he is interested.
The Client can access the following information:
• Title and photograph of the object: the Client has the option to download HD images and/or display the picture of the object in full-screen mode.
• Description of the object.
• Author/creator of the object.
• Estimate of the object in Euro.
• Date and time of the end of the auction.
• Remaining time of the auction.
• Option to ask questions about the object.
• Option to make an appointment to view the object.
• Option to add it to her/his favourites.
If the Client wishes to bid, she/he will be requested to indicate her/his maximum bid.
The Client may leave the sale and return to it by connecting with her/his username and password.
The Client is expressly informed that she/he cannot lower her/his bid. She/he only has the option to increase her/his maximum bid at any time before the end of the auction.
6.4.2 No bid
6.4.3 Cancellation of a bid by the Client
Once the purchase order has been entered by the Client, it is no longer possible to cancel it, except in two exceptional circumstances and under the following conditions:
- Fraudulent use of the username and password of the Client
In the event that a third party has fraudulently used the Client's ID and password to bid, the Client must send an email to the following address as soon as possible:
[email protected] and state "USERNAME/PASSWORD THEFT" in the subject line.
- Gross and manifest error in the amount specified in the purchase order by the Client
The Client will be required to send an email immediately to the following address:
[email protected] in which she/he will explain her/his mistake and indicate her/his desired purchase order.
Her/his request will then be analysed by ARTPRECIUM as soon as possible.
ARTICLE 7 - EFFECTS OF THE AUCTION
The sale of a Good for the benefit of a Successful Bidder shall carry with it, by operation of law, two irrevocable obligations:
• That of paying the hammer price plus the sale contract fees and, where applicable, all taxes payable.
• That of collecting the Good that was sold within the timeframe prescribed by ARTPRECIUM to the Successful Bidder.
If the Successful Bidder fails to withdraw the Good or have it withdrawn within the agreed timeframe, storage charges will be billed to her/his from the first day of delay until the actual withdrawal of the Good. These charges may be displayed in a document brought to the knowledge of the Successful Bidder even after the auction.
ARTICLE 8 - OWNERSHIP TRANSFER - RISK TRANSFER
Transfer of ownership is made automatically upon effective settlement by the Successful Bidder of the amount of the sale. When payment is made using a crossed cheque that was not issued by a bank, the payment will be deemed effective upon the expiry of a period of 21 working days following its crediting to ARTPRECIUM's account.
As soon as the auction is completed, the Good falls under the legal responsibility of the Successful Bidder. The risks associated with the Good are transferred upon awarding of the Good (not upon payment).
ARTICLE 9 - UNGUARANTEED SALE
The sale is performed without a guarantee and at the Successful Bidder's risk. There is no warranty for hidden defect or eviction. Goods are sold "as such", and no claim is allowed once the Good has been auctioned. The Successful Bidder may not make any claim as to the quality and packaging of the Good.
ARTICLE 10 - PRICES AND FEES
10.1 - PRICES AND ESTIMATES
Estimates of Goods auctioned on the Website are displayed in Euros, excluding sales charges, delivery charges, customs duties, VAT or other taxes.
10.2 - MISCELLANOUS CHARGES
10.2.1 Sales Charges
Charges for voluntary sales incurred by the Successful Bidder shall be set freely. They are to be paid on top of the auctioned sale price. They are set at a rate of 23% before tax (excl. applicable VAT) of the auctioned sale price. Upon placing a bid, the Client shall be deemed having irrevocably accepted these sales charges.
Warehousing charges include storage costs and charges pertaining to the transportation of the Good from ARTPRECIUM's premises to the warehouse.
10.3 - CUSTOM DUTIES
When applicable, custom duties or local taxes shall be fully borne by the Successful Bidder, who must seek information in this matter and takes full responsibility for such information and relating payments, including penalties, default interests or any applicable fines.
For any Good falling under specific custom procedures, the Successful Bidder shall take all appropriate measures to perform freight export procedures or have such procedures performed by a freight agent.
ARTICLE 11 - SETTLEMENT OF THE HAMMER PRICE
11.1 - CASH PAYMENT
The Successful Bidder must pay the hammer price. The rule is for all public auctions of moveable assets to be paid in cash. The sale is deemed perfect and the price is due upon auctioning of the Good.
11.2 - AVAILABLE PAYMENT METHODS FOR ONLINE AUCTIONS
11.2.1 Payment by credit card
Payment can be made via a payment card. Accepted payment cards are Blue Cards, Visa and MasterCard.
The Client warrants that her/his card has sufficient funds to cover all costs pertaining to her/his purchases on the www.artprecium.com website.
11.2.2 Payment by bank transfer
The Client has the option to settle her/his purchases by bank transfer. In this case, ARTPRECIUM will provide her/him with its bank details, to enable the transfer.
The transfer must take place within a maximum period of three weeks. The Client shall provide the following details in her/his transfer order: BIC or SWIFT and IBAN numbers.
11.3 - PAYMENT METHODS AVAILABLE FOR OTHER CATEGORIES OF AUCTIONS
In addition to payment by credit card or bank transfer, as provided in Article 11.2, the Successful Bidder may pay for her/his purchases using the following payment methods:
• By post, by sending her/his settlement to ARTPRECIUM headquarters.
• By visiting ARTPRECIUM's premises at 5Avenue d'Eylau - 75016 Paris - France.
• By bank cheque payable to "ARTPRECIUM."
11.4 - SECURE PAYMENT
Payment by credit card is made in accordance with the terms of the SSL general payment system (Secure Socket Layer) and according to the technical special features of CMCIC payment. In conformity with the terms and conditions of the service, the Client's payment is made in a secure environment, under her/his exclusive control.
The Client warrants that she/he is fully authorised to use her/his payment card for the payment of orders made on the www.artprecium.com website.
11.5 - PAYMENT DEFAULT
11.5.1 Refusal to Pay
If the Bidder refuses to pay or is unable to do so or if the payment is declined, ARTPRECIUM reserves the right to:
• Suspend the management and delivery of the disputed auction and refuse or cancel any sale to a Client with whom there is an ongoing dispute over payment or return of any previous auction.
• Resort to the irresponsible bidding procedure ("procédure de folle enchère") and put the Good back up for sale, upon agreement with the Seller and assuming any prior notice given to the defaulting Successful Bidder has remained unsuccessful.
11.5.2 Irresponsible Bidding
Upon request by the seller, the Good will be put back on sale, assuming irresponsible bidding by the defaulting Bidder. If the seller does not make this request within a period of one month from the auction date, the sale shall be cancelled by law, without prejudice to any damages owed by the defaulting Bidder. Resale based on irresponsible bidding for non-payment of the hammer price does not necessarily take place "on the spot" and can validly be brought in the days following the auction, in order to check that all payments have been effected. The defaulting Bidder remains liable for the price difference. In case of resale upon irresponsible bidding, the sale is auctioned at the first Successful Bidder's risk whereby the first auction is cancelled for payment default. The irresponsible bidder shall be liable for the difference between the two auctions when it is negative. This amount is usually analysed as damages.
11.5.3 Price Recovery
Although legally distinct from the Seller, ARTPRECIUM can pursue the recovery of the price of the Good sold against the Successful Bidder and file for her/his payment of prices and charges, asking that she/he be ordered to withdraw the auctioned Good and pay a fine.
In the particular case where the Successful Bidder is indebted for the price of Goods purchased during an auction, and at the same time to the creditor of the Auctioneer for the price of a Good that she/he put up for sale in the same auction, compensation shall be effected as of right.
ARTICLE 12 - RETENTION OF TITLE
Goods auctioned by ARTPRECIUM remain the property of the seller until full payment of the hammer price.
The Auctioneer, after auctioning the Good, shall immediately receive payment of the hammer price or, failing that, will resort to the irresponsible bidding procedure (known as "procédure de folle enchère" under French law) according to the conditions laid down in Article 12 of the General Conditions of Sale.
ARTICLE 13 - POST-PAYMENT DELIVERY
The auctioned Good may not be delivered to the Successful Bidder until payment of the price has been received by ARTPRECIUM in full or until all guarantees have been given to ARTPRECIUM in respect of the payment of the full price by the Successful Bidder. The delivery of the auctioned Good always takes place on site, wherever it is located at the time of the sale.
ARTICLE 14 - REMOVAL OF THE GOODS
The Bidder is responsible for taking delivery of the purchased Good. She/he carries the obligation to withdraw the Good. She/he incurs all removal costs. ARTPRECIUM is not required to deal with the material aspects of the removal of auctioned Goods. That being said, ARTPRECIUM monitors removal operations and ensures that each Successful Bidder only withdraws the lots that she/he bought.
In order to proceed with the removal of the Good, the Successful Bidder is required to submit a request to ARTPRECIUM by sending an email to the following address:
[email protected].
ARTICLE 15 - TRANSPORTATION - DELIVERY
15.1 - TRANSPORTATION HANDLED BY THE SUCCESSFUL BIDDER (THE CLIENT)
In principle, the Successful Bidder shall be fully responsible for organising transportation. She/he is fully responsible for choosing a carrier. On this basis, and in accordance with Article L. 138-5 of the French Consumer Code, the Good shall travel at her/his own risk and ARTPRECIUM shall never be held liable in this respect.
15.2 - TRANSPORTATION HANDLED BY ARTPRECIUM
If the Successful Bidder wishes for ARTPRECIUM to handle the delivery of the Good, she/he must send her/his request by email to the following address:
[email protected].
Upon receipt of the request, ARTPRECIUM shall provide the Successful Bidder with a quote that will be set according to the quantity, value of the Good(s) and place of dispatch.
ARTICLE 16 - SECURITY
ARPTRECIUM shall retain the Good at its premises, 5 avenue d'Eylau, 75016 Paris, France, for fifteen (15) calendar days following the auction.
Past this time period, the Good will be stored at a secure storage facility and storage costs will be owed from the first day of delay. Storage costs shall be paid by the Successful Bidder upon removal of the Good. ARTPRECIUM may object to the removal of the Good if settlement of the charges is not made in full.
ARTICLE 17 - INVOICING
ARTPRECIUM will issue to the Successful Bidder an invoice showing the amount of the hammer price and the auction costs. This invoice will be printable from the Client's account on the Website.
ARTICLE 18 - WITHDRAWAL
Pursuant to Articles L.121-17 and L.121-20-2 of the French Consumer Code, the Client does not benefit from a right to withdrawal. The Code represents:
"A right to withdrawal may not be exercised for contracts:
11° established from public auctions."
ARTICLE 19 - FREE ESTIMATE
The customer may request a free estimate for a work of art by filling out the online form.
ARTICLE 20 - PROTECTION OF PERSONAL DATA
Pursuant to Law number 7817 of 6 January 1978, it is recalled that collected personal data are necessary for the use and implementation of the services offered by www.artprecium.com .
The controller in charge of personal data management is Mr Lucas TAVEL.
The recipient of the data is ARTPRECIUM.
Collected information is subject to data processing intended for the execution of the sale, the issuing of invoices and the sending of newsletters (in the event that the Client has provided her/his email address in the available space) and e-mails announcing auctions.
Pursuant to Article 39 of Law number 78-17 of 6 January 1978, the Client has a right to access, rectify and delete personal data.
In case of a request to delete personal data, ARTPRECIUM shall retain the data on its files, in order to comply with legal requirements.
The Client also has the right to object to the processing of personal data for legitimate reasons.
To exercise this right, the Client shall send her/his request, with a copy of proof of her/his ID, to the following address:
[email protected].
In compliance with current legislation, the processing of personal data is filed with the CNIL under number 1723197 v 0.
If the Client choses to receive newsletters from ARTPRECIUM, she/he has the option to unsubscribe in every email received as part of the newsletter.
ARTPRECIUM undertakes to respect the confidentiality of the Client's personal data and to treat these data in accordance with the Data Protection Act of 6 January 1978.
Finally, the customer is informed that ARTPRECIUM may disclose all or part of the Client's personal data, as imposed upon order by judicial authorities.
ARTICLE 21 - COOKIES
21.1 - WHAT IS A COOKIE?
When you return to websites, or visit websites that use the same cookies, they recognise your cookies and your device. Cookies cannot be used to retrieve data on your hard drive, install viruses, read an email address or obtain personal information.
21.2 - WHAT IS THE PURPOSE OF THE COOKIES SET UP BY ARTPRECIUM?
Cookies that may be installed by ARTPRECIUM serve the following purposes:
• Establishing statistics on visits and how various components of the ARTPRECIUM website are used, with the aim of improving the ergonomics and attractiveness of the site.
• Adapting the appearance of the ARTPRECIUM website, to display preferences of the Client during her/his visit.
• Implementing security measures.
• Storing information about the form filled in by the Client.
• Allowing the Client to access reserved personal spaces on the ARTPRECIUM website.
• Showing the most relevant possible ads for the Client.
21.3 - SHARED USE OF THE DEVICE
The shared use with others of the Client's device and her/his browser settings is her/his free choice and responsibility.
21.4 - ADOBE FLASH PLAYER and FLASH ® COOKIES
"Adobe Flash Player" ® is an IT application for dynamic content based on the "Flash" IT language. Flash (and similar applications) stores settings, preferences and the use of these contents with technology similar to cookies. However, "Adobe Flash Player" manages this information and your choices using an interface that differs from that provided by your browser.
To the extent that your device may be able to view content that was developed using the Flash language, you will need to access Flash cookie management tools directly from the Adobe website at the following address: http//www.adobe.com/fr/.
21.5 - SOCIAL NETWORKS
The Website uses social network plugins, including Twitter® and Facebook®, which is operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA.
If you interact with social networks using the plugins, information pertaining to your navigation on the Website and your membership of these social networks will be transferred to and stored on a company server that exploits the relevant social networks and shared according to the parameters of your user accounts on these social networks and in accordance with the conditions of use thereof.
If you do not want the relevant social network to connect the information collected through the Website to your user account, you must log out of the social network prior to visiting the ARTPRECIUM website.
You are expressly informed that the use of these plugins or buttons is operated by the social networks in question and is subject to the conditions that bind you to the social network of which you are a member.
21.6 - YOUR CHOICES IN TERMS OF COOKIES, DEPENDING ON YOUR BROWSER
You may oppose the registration of cookies by setting your browser preferences as such. However, if you choose to delete cookies, you will need to repeat the operation every time. The same applies if you decide to use another browser: you will need to delete cookies on this second browser as well.
The "Help" menu of every browser provides information about how to state and modify your choices in terms of cookies:
-For Safari ®: choose Safari> Preferences, then click on Security; click on Show cookies and select the desired options, or alternatively go to http: Safari //docs.info.apple.com/article.html path=/3.0/en/9277.html?
- For Firefox: open the Tools menu, then select Options; click on the Private Life tab, then select the desired options, or alternatively go to http://support.mozilla.org/fr/kb/Activer%20et%20d%C3%A9sactiver%20les%20cookies
- For Internet Explorer: open the Tools menu, then select Internet Options; click on the Confidentiality tab and select the desired level; alternatively go to: http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies
- For Chrome®: open the setup menu (adjustable spanner logo), then select Settings; click on Advanced Settings, then Content Settings, and then select the desired options; or alternatively go to: http://support.google.com/chrome/bin/answer.py?hl=fr&hlrm=en&answer=95647
- For Opera®: open the Tools menu, then select Preferences; click on the Advanced tab, then in the Cookies section click on Manage cookies and select the desired options; alternatively go to: http://help.opera.com/Windows/10.20/fr/cookies.html
You may also connect to the www.youronlinechoices.com/fr/ website that is operated by digital advertising professionals who belong to the European Association EDAA (European Digital Advertising Alliance) and managed by France Interactive Advertising Bureau (IAB). This European platform is shared by hundreds of advertising professionals on the Internet and provides a central interface for refusing or accepting cookies that may be used to tailor the navigation of a device to commercials likely to be displayed.
However, this procedure does not prevent the display of advertising on the websites you visit - it only blocks technologies that adapt advertisements to a person's interests.
ARTICLE 22 - INTELLECTUAL PROPERTY
22.1 - TRADEMARK
ARTPRECIUM is protected as a Community Trade Mark registered under number 11879871. The use of online services provided by ARTPRECIUM does not result in the transfer of any ownership to the Client.
Any reproduction of the ARTPRECIUM trademark, without prior written consent of ARTPRECIUM, constitutes an act of infringement that may lead to prosecution.
22.2 - THE WWW.ASIUM-AUCTION.COM WEBSITE
ARTPRECIUM is the owner of copyright relating to the www.asium-auction.com website as a whole, as well as each element, including graphic design, editorial content, software, drawings and databases, except for reproductions of objects intended to advertise for upcoming auction sales.
The use of online services provided by ARTPRECIUM does not result in the transfer of any ownership to the Client. Consequently, any use of the elements outside of the private sphere, and without the prior written permission of ARTPRECIUM, is prohibited and subject to penalty of prosecution.
Non-compliance with the above provisions may constitute an infringement and involve the civil or criminal liability of the infringer.
22.3 - OBJECTS REPRODUCED ON THE www.artprecium.com WEBSITE FOR ADVERTISEMENT PURPOSES
Objects reproduced on the www.artprecium.com website with the purpose of advertising projected auction sales are protected under copyright.
Reproducing all or part of such works, in whatever form, is strictly prohibited. Any partial or total reproduction constitutes an act of infringement and may lead to prosecution.
ARTICLE 23 - OBLIGATIONS AND LIABILITIES OF THE CLIENT
The Client agrees not to:
- Usurp the identity of others, thereby constituting a criminal offence.
- Undermine content of the www.artprecium.com website.
- Try to illegally hack www.artprecium.com databases.
- Introduce viruses or other technology systems that may adversely affect ARTPRECIUM and other clients.
The Client is responsible for any damage of any nature, material and/or immaterial, direct and indirect damages to third parties and ARTPRECIUM caused by the use and/or illegal exploitation of the www.artprecium.com website.
ARTICLE 24 - LIABILITIES
In respect of the online services offered by ARTPRECIUM, ARTPRECIUM is only bound by an obligation of means regarding continuity of service and undertakes to use all reasonable means to ensure the best possible provision of services to the Client. The Client is aware of the limits of a network. ARTPRECIUM shall not be held liable in the event of the saturation or malfunction of the network.
Online estimates are simple opinions that are issued free of charge, they do not constitute expert assessments in any way and ARTPRECIUM cannot be held liable for them in any circumstance.
ARTPRECIUM is not responsible for defects, total or partial unavailability or interruptions in the supply of services. Notwithstanding technical arrangements in place, the relaying of information via the Internet, because of the nature of the network, can cause misappropriations of Goods, for which ARTPRECIUM cannot be held responsible. ARTPRECIUM is not liable for the deterioration or total or partial loss of data due to transmission over the Internet.
Failures of all kinds caused by ARTPRECIUM's external technical service providers may not be attributed to ARTPRECIUM and, therefore, cannot result in liability.
ARTPRECIUM shall not be held responsible for total or partial inaccessibility of the Website due to a case of force majeure or technical problems caused by external technical service providers; the same applies to required interruptions to the service for maintenance or updating purposes.
In any event, if for any reason ARTPRECIUM were to be held responsible for any damage, ARTPRECIUM shall not be obligated to pay compensation in excess of a total of € 3,000.00, all damages considered. This clause, limiting compensation, is expressly accepted by the Client. Any request for compensation beyond the upper limit will be automatically deemed inadmissible.
ARTICLE 25 - INSURANCE
ARTPRECIUM is insured for professional liability with DE CLARENS.
ARTICLE 26 - PURCHASE ARCHIVES
All purchases greater than or equal to 120 Euro will be electronically archived by ARTPRECIUM. All Clients' purchases are available in their personal account in the History section.
ARTICLE 27 - CLOSING OF ACCOUNT
27.1 - AT THE CLIENT'S REQUEST
The Client may close her/his account at any time, without cause and without notice, by sending an email to the following address:
[email protected].
27.2 - AT ARTPRECIUM'S REQUEST
If the Client fails to adhere to one of the obligations of the Conditions of Sale, ARTPRECIUM reserves the right to close the Client's account, without notice. ARTPRECIUM shall send an e-mail to advise the CLIENT.
The Client shall not have the right to open a new account with the same name or a pseudonym. On so doing, the Client shall be liable to prosecution.
The account will be closed without prejudice to any damages that ARTPRECIUM may claim to compensate for suffered damage.
ARTICLE 28 - HYPERLINKS
The simple and deep hypertext links on the www.artprecium.com website comply with rules in force.
However, ARTPRECIUM cannot guarantee the content of the websites that are targeted by the hyperlinks. ARTPRECIUM cannot be held liable in this respect.
The Client may insert a simple hyperlink pointing towards the www.artprecium.com website.
ARTICLE 29 - GENERAL PROVISIONS
29.1 - LANGUAGES
The General Conditions of Sale are shown in the French language. Only the French version of the General Conditions of Sale prevails between ARTPRECIUM and the Client.
29.2 - WHOLENESS / PREVALENCE OF THE GENERAL CONDITIONS OF SALE
Sales closed on the Website are governed solely by the General Conditions of Sale, excluding any general or specific provisions of purchase otherwise issued by the Client and which have not been subject to prior acceptance by ARTPRECIUM.
The General Conditions of Sale govern the relationships between the parties and can only be claimed by them. Clients are thus informed explicitly that the auctions they execute and pay for on behalf of third parties, including deliveries they address to third parties, remain subject to the legal relationships between the parties, as defined in the General Conditions of Sale, and without being open to recourse from a third party against ARTPRECIUM.
29.3 - AMENDMENTS TO THE GENERAL CONDITIONS OF SALE
The ARTPRECIUM Company reserves the right to change the General Conditions of Sale in whole or in part, at any time and without notice. The ARTPRECIUM Company thus recommends its Clients regularly review the latest version of the applicable General Conditions of Sale, which are available for review by Clients at all times on the Website, the date of the latest update being shown at the bottom the General Conditions of Sale. The newest version of the General Conditions of Sale shall be in effect from its posting on the Website and apply to sales performed after posting.
Clients who do not wish for their contractual relationships to be governed by the updated version of the General Conditions of Sale shall cease to use public auction services provided by www.artprecium.com
Only the General Conditions of Sale that were in effect at the time of the first bid made by the Client in connection with a transaction will be binding on the Client.
29.4 - INVALIDITY OF A CLAUSE OF THE TERMS OF SALE
In the event that one or more provisions of the Conditions of Sale becomes invalid, illegal or inapplicable for any reason whatsoever, the validity, legality or enforceability of all other provisions of the General Conditions of Sales shall not be altered or corrupted in any way.
29.5 - TOLERANCE
Any tolerance or renouncement in the application of all or part of the provisions set out in the General Conditions of Sale, whatever may have been their frequency or duration, cannot be deemed an amendment to the General Conditions of Sale nor generate any other right.
29.6 - DISPUTES: APPLICABLE LAW AND TERRITORIAL JURISDICTION
Without evidence of equivalent scope to the contrary, the data recorded by ARTPRECIUM and its information systems serve as evidence of all transactions performed by ARTPRECIEUM and each Client. The General Conditions of Sale and, more generally, the resulting contractual relationships between the Parties are subject to French law. In the case of a dispute, the Parties undertake to first seek an amicable solution. Failing an amicable agreement, disputes relating to the General Conditions of Sale will be subject exclusively to the civil courts with territorial jurisdiction.
29.7 - PRELIMINARY CLAIM AND JURISDICTION
In the case of a dispute, the Client shall first contact ARTPRECIUM, to seek an amicable solution.
All claims relating to the auction sales should be addressed to ARTPRECIUM by registered letter, accompanied by acknowledgment of receipt together with supporting documents, to the following address:
Artprecium
5 Avenue d'Eylau
75016 PARIS
Failing an amicable solution, the French courts have jurisdiction.
