GENERAL CONDITIONS OF USE OF THE SITE
WARNING this is an automatic translation by Google
The purpose of this clause is to define the various essential terms of the contract:
Catalog: Document containing the list of lots offered during an auction organized by the Sales Operator, their photographs and their descriptions including the compulsory advertising notices described in Article R.321-33 of the French Commercial Code.
General Conditions of Use: These general conditions of use of the Site and its Services.
Conditions of Sale: Special conditions of sale specific to each auction established by the Sales Operator and appearing on the Advertisements of the lots presented, on the Site and in the Catalogs.
Contents: Comments, texts, articles, photos, videos, hypertext links, files, documents or any other element made accessible to the public through the Site.
Telephone auction: A User who cannot attend an indoor auction may transmit to the Sales Operator a request in order to be called when the lot he covets is put up for auction so that he could bid on the phone as if he were in the room.
Drouot-Richelieu Auction House / Drouot-Montmartre Auction House: Rooms made available to the Sales Operator by Drouot Patrimoine for the organization of auctions. These rooms are located respectively 9 rue Drouot-75009 Paris and 64 rue Doudeauville - 75018 Paris.
Purchase Order: A User who cannot attend an indoor auction may transmit to the Sales Operator a purchase order fixing the maximum purchase price for a lot. It constitutes a firm commitment to purchase made by the User.
Sales Operator: The Vasari Auction company whose head office is located at 86 cours Victor Hugo - 33000 Bordeaux - registered with RCS 788 432 276 and approved by the CVV under the reference 025-2012.
Vasari Auction is a voluntary sales operator organizing auctions 86 cours Victor Hugo - 33000 Bordeaux or online on the DrouotDigital Platform.
Basket of Purchase Orders: User section in which he keeps the Purchase Orders deposited on the Site pending their final validation.
DrouotDigital platform: Platform allowing to participate remotely electronically via the website www.drouotonline.com in Live Sales and Online Sales. Services: All the services offered by the Sales Operator on the Site and described in article 3 of the General Conditions of Use.
Site: Website accessible at the address http://www.vasari-auction.com to which the General Conditions of Use apply.
User: Anyone who uses the Site and its Services.
Live Sales: Auctions taking place in the auction rooms used by the company Vasari Auction such as the Hôtel des Ventes de Bordeaux, broadcast live using the MoniteurLive and DrouotDigital platforms.
Online Sales: Auctions taking place only online accessible from the DrouotDigital Platform.
2. PURPOSE OF THE GENERAL CONDITIONS OF USE
The Site edited by the Sales Operator allows Users to send requests for an estimate online, access the Sales Catalogs and participate remotely in Live or Online Sales.
The General Conditions of Use constitute the contract between the Sales Operator and the User concerning the use of the Site and its Services.
In the event of non-acceptance of the General Conditions of Use, the User must renounce access to the Site and use of the Services.
Each User must read and accept, without reservation, the General Conditions of Use, by a validation mechanism by check box, when requesting an estimate filed online or validating a Purchase Order or a request for a Telephone Auction.
The General Conditions of Use are in effect from 01/01/2020 and are applicable to any use of the Site.
3.1. REQUEST AN ESTIMATE
The User who wishes to have an object valued or who wishes to sell an object at auction may submit a request for a free estimate to the Sales Operator.
3.1.1. Online estimate
The User can request an estimate online directly on the Site on the page concerned by completing the form. He is invited to complete his contact details and provide photographs of the object, its dimensions and any comments that could give an indication of its value. The Sales Operator's team agrees to contact the User to give him an estimate of his object and offer it for auction.
3.1.2. Estimate on the premises of the Sales Operator
The User has the possibility of going to the premises of the Sales Operator whose address and opening hours are listed on the Site. The Sales Operator's team agrees to provide him with a no-obligation verbal estimate free of charge. If necessary, the Sales Operator's team will invite the User to drop off their object for a more in-depth appraisal.
3.1.3. Home inventory
The User can contact the Sales Operator at the contact details indicated on the Site so that an inventory of several objects he holds can be made by appointment at his home. This inventory is then invoiced. The estimates made by the Sales Operator, on the basis of the elements transmitted by the User, are only communicated for information, the adjudication price resulting from the free play of auctions.
3.2. TENDER OF PURCHASE & TELEPHONE BID REQUEST
Users can consult the Sales Catalogs online via the Site. A User can participate:
- Live Sales either by transmitting its auctions directly via a redirection on the DrouotDigital Platform, or by transmitting, up to three (3) hours before the sale, a Purchase Order or a request for a Telephone Auction, on the Site or by accessing the DrouotDigital Platform to which a redirect is also offered on the Site; These requests will be executed during the sale;
- Online Sales by being redirected to the DrouotDigital Platform
When the User is redirected to the DrouotDigital Platform, this is subject to the general terms and conditions of use and sale of this platform.
The User is required to communicate information relating to his identity and his banking data, using a form, when submitting a Purchase Order or a Telephone Auction request on the Site and to provide any supporting documents that may be requested by the Sales Operator. The User does not have to have an account on the Site or on the Drouot Digital Platform to submit a Purchase Order or request for a Telephone Auction on the Site.
His Purchase Order or his request for a Telephone Auction is then kept in his Basket of Purchase Orders pending its final validation by the User. The User can submit Purchase Orders or requests for Telephone Auctions relating to several Sales organized by the Sales Operator in the same Basket of Purchase Orders.
Once all the desired Purchase Orders and Telephone Auction requests have been added to the Purchase Order Basket and their bank details indicated, the User validates them by approving the Conditions of Sale and these General Conditions of Use of the Sales Operator and by clicking on the validation button.
The Purchase Order or the request for a Telephone Auction is sent to the Sales Operator with the maximum bid amount for a Purchase Order, the identity of the User, the description of the lot concerned and the User's bank details.
The Sales Operator may refuse to execute the Purchase Order entrusted by the User or to respond to the request for a Telephone Auction when:
- the identity or credit check could not be carried out;
- the batch to which the Purchase Order or the request for Telephone Auction relates has been subject to modifications and that the Sales Operator was unable to reach the User to inform him;
- if the request for Telephone Auction exceeds the call capacity of the Sales Operator.
The User is informed of the status of his Purchase Order or of his Telephone Auction by email. In the event of the Purchase Orders being deposited for the same amount by several Users, if it happens that the successful tenderer is one of the persons concerned, priority is given to the User who has deposited his Order 'Buy first.
The User can modify or delete his Purchase Order or his request for a Telephone Auction by accessing the lot of the Catalog concerned provided that the modification or deletion occurs before the validation of his Basket of Purchase Orders by the User . After validation of the Purchase Order Basket or the Telephone Auction request, it is up to the User to contact the Sales Operator in order to modify or delete their request.
The Sales Operator executes Purchase Orders and / or Telephone Auction requests of equal amount in chronological order of their arrival.
The successful bidder will be the highest and last bidder.
When the lot is awarded to a User, the Sales Operator confirms to the latter as soon as possible by email that he is the successful tenderer.
An online payment form allows the User to pay for his auctions remotely by simply indicating the number of the slip to be paid, its amount, as well as his name and email address.
Similarly, a form is available to make advance deposits online for future sales made by the Sales Operator.
Payment transactions are carried out by the Sales Operator through its payment provider: Ingenico, PCI-DSS certified.
4. VERIFICATION OF BANKING DETAILS
4.1. ONLINE PAYMENT AND DEPOSIT
On the Site, the User's bank data regulating an auction or proceeding to deposit in advance a sum for a future auction are collected by the Sales Operator.
To reinforce the methods of control of the User, the Sales Operator uses the 3D Secure standard: the User's bank asks him to authenticate by a mechanism of identity verification which is specific to him (such as the '' sending a single-use code by SMS on his mobile phone to be entered on an Internet form of the bank issuing the card).
The bank details are kept secure for the duration of the transaction by the provider in terms of payment to the Sales Operator, Ingenico, PCI-DSS certified. This standard is an international security standard whose objectives are to ensure the confidentiality and integrity of cardholder data and thereby secure the protection of card and transaction data.
The technical procedures for verifying a bank card are secure and the confidentiality of bank data is guaranteed in accordance with the legal, regulatory and professional provisions in force.
The User can also pay the amount of his auction under the conditions described in the Conditions of Sale and on the Site. However, these contact details are only kept for the time of the transaction.
4.2. TENDER OF PURCHASE & TELEPHONE BID REQUEST
5. OBLIGATIONS OF THE USER
The User must ensure that he has the technical tools suitable for using the Services and, at a minimum, the following technical recommendations to optimize access to the Services: latest version of existing browsers on the market, a broadband Internet connection.
He is responsible, at his exclusive expense, for the acquisition, installation, maintenance and connection of the various elements of the configuration and the telecommunications means necessary for access to the Site and the Services.
The User agrees to use the Site in compliance with the General Conditions of Use and applicable law and to behave fairly towards the Sales Operator.
The User undertakes to provide exact personal information in the forms which he communicates to the Sales Operator.
The Sales Operator can in no way be held responsible in the event of incidents related to incorrectly informed information on his part.
The User guarantees that no element that he transmits infringes the rights of third parties, nor is it contrary to the law and regulations in force.
Otherwise, the Sales Operator reserves the right to take any appropriate action, including by removing the prohibited content, suspending or refusing the auctions of the User concerned or by taking any action, including legal proceedings.
6. PERSONAL DATA
The Sales Operator undertakes to comply with the regulations in force applicable to the processing of personal data and, in particular, Regulation (EU) 2016/679 of the European Parliament and of the Council applicable from May 25, 2018 (ci -after, "the RGPD") and the modified law n ° 78-17 of January 6, 1978, known as "Data-processing Law and Freedoms".
7. INTELLECTUAL PROPERTY
The brands, logos, signs and any other Content on the Site are protected by the Intellectual Property Code and more particularly by copyright.
The Sales Operator is the sole holder of all the rights relating to the Content relating to the Site and in particular to all of the copyright on the Content that it puts online on the Site.
The User agrees not to reproduce, represent, extract, or use in any way whatsoever all or part of the Site or its Content and in particular the Catalogs without having obtained prior written authorization from the Sales Operator under penalty to see a legal action for infringement initiated against him.
The User agrees to use the Site Contents in a strictly private setting. Use of the Content for commercial purposes is strictly prohibited. Applying a hypertext link to the Site, using the technique known as "framing" or "deep linking", is strictly prohibited, unless prior written authorization provided by the Sales Operator.
8. RESPONSIBILITY OF THE SALES OPERATOR
The Sales Operator endeavors, as far as possible and within the framework of his obligation of means relating to the functioning of the Site, to keep it accessible 7 days a week and 24 hours a day. However, access to the Site can be modified, suspended or interrupted temporarily or permanently, due to technical maintenance, migration or updates, due to breakdowns or constraints related to the functioning of the Internet without these operations opening right to any compensation.
The Sales Operator undertakes to limit this type of interruption to the maximum of his means.
The Sales Operator, its managers, employees or agents cannot be held liable for indirect damage, commercial loss, loss of profit or damage to the brand image resulting from the use of the Services .
The networks on which the Content circulates have various characteristics and capacities and are likely to be saturated at certain times of the day, which is likely to affect their download time as well as their accessibility.
The Sales Operator cannot be held liable due to a malfunction or inability to access the Services attributable to the User's access provider, to congestion on the Internet, to equipment unsuitable for a maintenance operation or update of the Services or any other circumstance unrelated to the Sales Operator.
9. HYPERTEXT LINKS
Many outgoing hypertext links are present on the Site, however the web pages where these links lead do not engage the responsibility of the Sales Operator who does not have control of these links.
The User therefore refrains from engaging the responsibility of the Sales Operator regarding the Content and resources relating to these outgoing hypertext links.
10. MODIFICATION OF THE GENERAL CONDITIONS OF USE
The Sales Operator reserves the right to adapt and modify the General Conditions of Use at any time which will be accepted at the time of sending the estimate requests or the validation of Purchase Order and request Telephone Auction. If the User refuses these modifications, he agrees to stop using the Site and not to use his Services.
11. APPLICABLE LAW AND COMPETENT JURISDICTION
The General Conditions of Use are governed by French law. In the event of a dispute between a User and the Sales Operator, he may contact the Sales Operator's customer service either at his postal address indicated in article 2 or at the email address: contact @ vasari- auction.com
In case of failure of the complaint made to the service mentioned above, when the User is a consumer User within the meaning of the introductory article of the consumer code, he can submit the dispute between him and the Operator Sales to a mediator by filing a complaint on the following website: https://ec.europa.eu/consumers/odr/.
Recourse to the ombudsman is free.
After being seized of the dispute, the mediator collects the information he needs to examine the case and gives an opinion within three months.
This opinion is not binding on the Sales Operator or the User, who retains the right to seize the court. For more information on the mediation procedure: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR.
In the event of mediation failure and for any dispute between a consumer User and the Sales Operator, the dispute may be brought either before the jurisdiction of the place where he resided at the time of the conclusion of the contract or either of the court of the place of the occurrence of the damage