General terms and conditions General terms and conditions General terms and conditions for the sale and use of services of the ARTPRECIUM company, as offered online on the www.artprecium.com website. ARTICLE 1 - IDENTITY 1.1. THE ARTPRECIUM COMPANY Asium’s website, www.Asium.com, is edited by ARTPRECIUM, 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@example.com 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.com, are 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 Plateform » 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.comwebsite 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.comwebsite. 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: firstname.lastname@example.org. 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 - 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. When bidding time up for the lot, this lot is automatically sold for the best bidder. If there is a bid in the last minute, an additional time is added. The adjournment will happen as long as the bidders keep bidding in the last minute regarding the countdown. It allows bidders to bid again without disturbing the other lots timers. 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. Pas d'enchère 10 2300 13200 38000 152000 1550000 10100000 20 2350 13400 38500 154000 1600000 10200000 30 2400 13600 39000 156000 1650000 10300000 40 2450 13800 39500 158000 1700000 10400000 50 2500 14000 40000 160000 1750000 10500000 60 2550 14200 40500 162000 1800000 10600000 70 2600 14400 41000 164000 1850000 10700000 80 2650 14600 41500 166000 1900000 10800000 90 2700 14800 42000 168000 1950000 10900000 100 2750 15000 42500 170000 2000000 11000000 110 2800 15200 43000 172000 2050000 11100000 120 2850 15400 43500 174000 2100000 11200000 130 2900 15600 44000 176000 2150000 11300000 140 2950 15800 44500 178000 2200000 11400000 150 3000 16000 45000 180000 2250000 11500000 160 3100 16200 45500 182000 2300000 11600000 170 3200 16400 46000 184000 2350000 11700000 180 3300 16600 46500 186000 2400000 11800000 190 3400 16800 47000 188000 2450000 11900000 200 3500 17000 47500 190000 2500000 12000000 210 3600 17200 48000 192000 2550000 12100000 220 3700 17400 48500 194000 2600000 12200000 230 3800 17600 49000 196000 2650000 12300000 240 3900 17800 49500 198000 2700000 12400000 250 4000 18000 50000 200000 2750000 12500000 260 4100 18200 51000 205000 2800000 12600000 270 4200 18400 52000 210000 2850000 12700000 280 4300 18600 53000 215000 2900000 12800000 290 4400 18800 54000 220000 2950000 12900000 300 4500 19000 55000 225000 3000000 13000000 310 4600 19200 56000 230000 3100000 13100000 320 4700 19400 57000 235000 3200000 13200000 330 4800 19600 58000 240000 3300000 13300000 340 4900 19800 59000 245000 3400000 13400000 350 5000 20000 60000 250000 3500000 13500000 360 5100 20200 61000 255000 3600000 13600000 370 5200 20400 62000 260000 3700000 13700000 380 5300 20600 63000 265000 3800000 13800000 390 5400 20800 64000 270000 3900000 13900000 400 5500 21000 65000 275000 4000000 14000000 410 5600 21200 66000 280000 4100000 14100000 420 5700 21400 67000 285000 4200000 14200000 430 5800 21600 68000 290000 4300000 14300000 440 5900 21800 69000 295000 4400000 14400000 450 6000 22000 70000 300000 4500000 14500000 460 6100 22200 71000 310000 4600000 14600000 470 6200 22400 72000 320000 4700000 14700000 480 6300 22600 73000 330000 4800000 14800000 490 6400 22800 74000 340000 4900000 14900000 500 6500 23000 75000 350000 5000000 15000000 520 6600 23200 76000 360000 5100000 15100000 540 6700 23400 77000 370000 5200000 15200000 560 6800 23600 78000 380000 5300000 15300000 580 6900 23800 79000 390000 5400000 15400000 600 7000 24000 80000 400000 5500000 15500000 620 7100 24200 81000 410000 5600000 15600000 640 7200 24400 82000 420000 5700000 15700000 660 7300 24600 83000 430000 5800000 15800000 680 7400 24800 84000 440000 5900000 15900000 700 7500 25000 85000 450000 6000000 16000000 720 7600 25200 86000 460000 6100000 16100000 740 7700 25400 87000 470000 6200000 16200000 760 7800 25600 88000 480000 6300000 16300000 780 7900 25800 89000 490000 6400000 16400000 800 8000 26000 90000 500000 6500000 16500000 820 8100 26200 91000 520000 6600000 16600000 840 8200 26400 92000 540000 6700000 16700000 860 8300 26600 93000 560000 6800000 16800000 880 8400 26800 94000 580000 6900000 16900000 900 8500 27000 95000 600000 7000000 17000000 920 8600 27200 96000 620000 7100000 17100000 940 8700 27400 97000 640000 7200000 17200000 960 8800 27600 98000 660000 7300000 17300000 980 8900 27800 99000 680000 7400000 17400000 1000 9000 28000 100000 700000 7500000 17500000 1050 9100 28200 102000 720000 7600000 17600000 1100 9200 28400 104000 740000 7700000 17700000 1150 9300 28600 106000 760000 7800000 17800000 1200 9400 28800 108000 780000 7900000 17900000 1250 9500 29000 110000 800000 8000000 18000000 1300 9600 29200 112000 820000 8100000 18100000 1350 9700 29400 114000 840000 8200000 18200000 1400 9800 29600 116000 860000 8300000 18300000 1450 9900 29800 118000 880000 8400000 18400000 1500 10000 30000 120000 900000 8500000 18500000 1550 10200 30500 122000 920000 8600000 18600000 1600 10400 31000 124000 940000 8700000 18700000 1650 10600 31500 126000 960000 8800000 18800000 1700 10800 32000 128000 980000 8900000 18900000 1750 11000 32500 130000 1000000 9000000 19000000 1800 11200 33000 132000 1050000 9100000 19100000 1850 11400 33500 134000 1100000 9200000 19200000 1900 11600 34000 136000 1150000 9300000 19300000 1950 11800 34500 138000 1200000 9400000 19400000 2000 12000 35000 140000 1250000 9500000 19500000 2050 12200 35500 142000 1300000 9600000 19600000 2100 12400 36000 144000 1350000 9700000 19700000 2150 12600 36500 146000 1400000 9800000 19800000 2200 12800 37000 148000 1450000 9900000 19900000 2250 13000 37500 150000 1500000 10000000 20000000 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@example.com 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: firstname.lastname@example.org 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. DAs 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 au 17 rue de la Grange Batelière – 75009 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@example.com. 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: firstname.lastname@example.org. 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, au 17 rue de la Grange Batelière 75009 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@example.com. 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: -Pour Safari ®: -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.artprecium.com WEBSITE ARTPRECIUM is the owner of copyright relating to the www.artprecium.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 VERLINGUE. ARTICLE 26 - PURCHASE ARCHIVES Tout achat supérieur ou égal à un montant de 120 € fera l’objet d’un archivage électronique par ARTPRECIUM. L’ensemble des achats du Client est disponible dans le compte personnel du Client dans la rubrique « Historique ». 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: firstname.lastname@example.org. 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 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 au 17 rue de la Grange Batelière 75009 PARIS Failing an amicable solution, the French courts have jurisdiction.