GENERAL TERMS AND CONDITIONS OF USE OF THE WWW.GAZETTE-DROUOT.COM WEBSITE IN FORCE ON 01/05/2019

1. DEFINITIONS

The purpose of this clause is to define the various essential terms of the agreement:
@uctionspress: Publisher of the Site and responsible for its management.
  • obtained an administrative licence to auction.
Absentee bid: A User who cannot attend an auction can send the Auction House, by means of a redirect link to the Drouot Online Platform, an Absentee Bid setting the maximum purchase price of one or several lots. It constitutes a firm undertaking to buy given by the User.
Account: Account opened by a User on the Site.
Auction House: Natural or legal person organising auctions in France and abroad. It uploads Catalogues to the Site for Users.
This person may be:
  • An Auction House organising auctions in accordance with the rules stipulated in Articles L.321-1 of the French Commercial Code;
  • A Judicial Auctioneer, public and ministerial officer responsible for carrying out the appraisal, valuation and judicial auction at a public auction of furniture and personal effects whose activity is governed by the laws of 10 July 2000 and 20 July 2011;
  • Any person entitled to conduct an auction in any other country and, in particular:
  • In Belgium, any person who has requested the presence of a ministerial officer for the registration of the auction in the minutes;
  • In Italy, any company registered as such having obtained a commercial sales licence issued by the Chamber of Commerce and a public safety licence issued by a special police service;
In Germany, the Versteigerer, the counterpart of the French auction house, is an independent professional with more than 25 years of good character which has Catalogue: List and reproduction of lots offered at auction by the Auction House.
Content: Words, texts, articles, photos, videos, hypertext links, files, documents or any other element made accessible to the public through the Site.
  • Drouot Online Platform: Technical platform enabling remote participation by electronic means via the www.drouotonline.com website in Live Auctions and Online Auctions.
Free services: All the services provided by the Site such as Auction Catalogues consultation services, schedules and results of auctions, newsletter registration, the submission of an Absentee Bid, the creation of a themed schedule, etc.
General Terms and Conditions of Subscription: The general terms and conditions governing the taking out of a subscription by any User.
General Terms and Conditions of Use : These general terms and conditions for using the Site.
Live Auctions: Auctions held in auction rooms covered live on the Drouot Online and MoniteurLive Platforms.
Online Auctions: Auctions which are only online and accessible from the Drouot Online Platform.
Paid services: Subscription offer to "La Gazette Drouot" magazine and the associated services.
Registree: any User, with or without a Subscription, having created an Account on the Site.
Site: Website accessible at the address http://www.gazette-drouot.com and http://catalogue.gazette-drouot.com/ to which the General Terms and Conditions of Use apply. Subscriber: User who has taken out and paid for a Subscription and who has an Account allowing the said Subscription to be managed.
Subscription: any User may take out a subscription to "La Gazette Drouot" magazine according to the rates and conditions available on the Site.
User: Anyone who uses the Site.

2. Acceptance of the General Terms and Conditions of use

The General Terms and Conditions of Use constitute the agreement between @uctionspress and the User. Access to the Site by the User means acceptance of the General Terms and Conditions of Use.
In the event of non-acceptance of the General Terms and Conditions of Use, the User must desist from accessing the Site.
In the event of creation of an Account, the User must read and accept, without reservation, the General Terms and Conditions of Use, by means of a check box validation mechanism, when creating an Account.
The General Terms and Conditions of Use have been in force since 01/05/2019 and are applicable to any use of the Site.

3. Purpose

The Site is managed by the company @uctionspress, an SA (public limited company) with capital of 140,800 euros, located at 18-20 Montmartre - 75009 PARIS and listed on the Paris Trade & Companies Register under the number 682004338.
The purpose of the General Terms and Conditions of Use is to provide a legal framework for the terms of provision of the Site and its use by the User.

4.Creation of an Account

L'inscription est subordonnée aux conditions suivantes :
  • L’Utilisateur doit soit, être âgé de 18 ans révolus pour un Utilisateur consommateur, soit être le représentant légal d’une personne morale pour un Utilisateur professionnel.
Registration is subject to the following conditions:
  • The User must be either at least 18 years old for a Consumer User or be the legal representative of a legal person for a Professional User.
The creation of an Account is limited to one per User on the Site.
Creation of an Account occurs in several stages described on the Site, during which the User will be required to provide personal information.
In the event that the User creates an Account without taking out a Subscription, only their email address and their password will be requested. In the event that the User creates an Account while taking out a Subscription, the Subscriber must enter additional data, such as their surname, first name and postal address, as well as bank details.
These bank details collected are necessary to ensure and secure transactions.
Bank details are collected and stored securely as described in Article 6 . This makes it possible to secure the transactions and guarantee the Subscriptions that will be taken out.
Any incomplete, incorrect or illegible account creation form will be rejected by @uctionspress.
The Registree will not enjoy full access to the Site and the paid services reserved for Subscribers as long as their Account is not completed and their payment of a Subscription validated.

5. Services

5.1 FREE services The User can enjoy the free services offered on the Site, subject, in some cases, to creation of an Account.
Among these services, @uctionspress offers, during the first logins to the Site, access to four (4) articles extracted from one of the "La Gazette Drouot" periodicals.
In addition, it is specified that regarding the submission of Absentee Bids, the User will be redirected to the Drouot Online Platform and be subject to the general terms and conditions of use and sale of this Platform. 5.1.1 Auction catalogues and schedules
The User visits the Site to view, in various formats, the schedules and catalogues for auctions organised by the Auction Houses. 5.1.2 Newsletter sign-up
All Users are invited to leave their email address to receive the Site's Newsletter. They will then receive an email to confirm their subscription to the Gazette newsletter. They will then receive the desired emails to keep them informed of the latest developments in the art market. 5.1.3 Articles
The User can freely consult all the articles written by @uctionspress contributors and accessible on the Site in the "News Feed" section.
The User can also consult the titles, and an overview of the articles written by the contributors to "La Gazette Drouot".
An introductory offer is proposed to the User during their first logins to the Site: they have the opportunity to read four articles written by the contributors to "La Gazette Drouot" in their entirety every thirty rolling days. 5.1.4 Submission of Absentee Bid
A User interested in a lot featured in a Catalogue who can neither attend the auction in the auction room, nor participate in it by transmitting their bids live via the Drouot Online Platform, can transmit, ahead of the auction and within the time limit set by the Auction House, an Absentee Bid to the Auction House which can then be made during the auction.
By clicking the corresponding button on the description page for a lot, the User is then redirected to the Drouot Online Platform. They are then subject to the general terms and conditions of use and sale of this Platform. 5.2 Services ACCESSIBLE TO account holders 5.2.1 Themed schedule
The User accesses, after having selected the objects of interest, to a themed schedule listing the auctions for which such objects are offered for sale. 5.2.2 Newsletters
The User can, by creating an Account and without taking out a Subscription, sign up to Newsletters by leaving their contact details.
This means that by clicking the corresponding button in their personal space, they can receive the Newsletters of the Drouot Group and its Partners.
The Registree may unsubscribe from the Newsletters at any time by unchecking the corresponding box in their personal space. 5.2.3 Notifications
After creating an Account, the User can register for alerts by leaving their contact details.They will then receive an email as soon as a lot corresponding to their search is placed online in the Catalogues presented on the Site.PAID services 5.3 PAID services 
The User can enjoy the paid services of the Site by taking out the Subscription of their choice.
The conditions applicable to this Subscription are described in the General Terms and Conditions of Subscription to "La Gazette Drouot" accessible via the following link: General Terms and Conditions of Subscription

6. VERIFICATION OF THE CREDIT CARD<

On the Site, the bank details of the Pay Subscriber taking out a Subscription are collected by @uctionspress. The bank details are securely stored for the duration of the transaction by the payment service provider of @uctionspress, Ingenico, which is PCI-DSS certified. This is an international security standard the objectives of which are to ensure the confidentiality and integrity of cardholder data and so secure the protection of card and transaction data. In the context of an automatic renewal of the Subscription: @uctionspress keeps an encrypted version of the bank details to be able to ask its payment service provider for a payment on the anniversary date. The encrypted version is the identifier that allows the service provider to request payment. The technical methods of credit card verification are secure and the confidentiality of bank details provided ensured in compliance with legal, regulatory and professional provisions in force.

7. Account Access - Configuration

The Registree's Account is accessible from the Site thanks to the Registree's username and password.

8. Obligations of the User and the Registree

8.1 Obligations of the User
The User must ensure that they possess the technical tools appropriate to the use of the Services and, as a minimum, the following technical recommendations to optimise access to the Services: latest version of the existing browsers on the market, a broadband Internet connection. They are responsible, at their own expense, for the acquisition, installation, maintenance and connection of the various elements of the configuration and the telecommunication means necessary to access the Services.
The User agrees to use the Site in compliance with the General Terms and Conditions of Use and the applicable law and to adopt a loyal attitude towards @uctionspress. 8.2 Obligations of the Registree
L’identifiant et le mot de passe de l’Inscrit sont strictement personnels et l’Inscrit s’engage à en assurer la confidentialité et la non-divulgation à des tiers. Il est seul responsable à l’égard de @uctionspress de tous les actes effectués avec son Compte et en tout état de cause est le seul responsable des conséquences en cas de divulgation ou de négligence ayant entrainé la divulgation de son identifiant et mot de passe d’accès à son Compte.
L’Inscrit s’engage à avertir immédiatement @uctionspress en cas d’atteinte à la sécurité de son Compte telle que l’utilisation frauduleuse de son Compte par un tiers ou la divulgation ou le vol des identifiants et mot de passe permettant d’accéder à son Compte en envoyant un email à gazettedrouot@drouot.com.
The username and password of the Registree are strictly personal and they undertake to ensure their confidentiality and nondisclosure to third parties. They alone are liable vis-à-vis @uctionspress for all acts performed with their Account and, in any event, are solely liable for the consequences in the event of disclosure or negligence resulting in the disclosure of their username and password offering access to their Account.
The Registree agrees to immediately notify @uctionspress in the event of a breach of security of their Account such as the fraudulent use of their Account by a third party or the disclosure or theft of usernames and passwords to access their account by sending an email to gazettedrouot@drouot.com.
The Subscriber undertakes to log out from their Account at the end of each use, especially if they have logged into it from a public or shared computer.
If the password has been forgotten, it should be reset by clicking the corresponding button. The Registree receives an email inviting them to choose a new password. The password must be at least eight characters long, with one uppercase letter, one lowercase, one number, or one special character.
When creating an Account, the Registree undertakes to provide accurate personal information. They undertake to keep the information concerning them up-to-date by notifying @uctionspress of any modification thereto and, in particular, any change of address.
@uctionspress cannot be held liable in the event of incidents related to obsolete or misinformed information on their part.
The Registree warrants that nothing in their Account infringes the rights of third parties or is contrary to the law and regulations in force.
Failing which, @uctionspress reserves the right to take any appropriate action, including suspending or terminating the Account concerned or taking any other action, including legal proceedings. 8.3 Obligations of the SUBSCRIBER
The User wishing to take out a Subscription on the Site must comply, in addition to these General Terms and Conditions of Use, with the General Terms and Conditions of Subscription made available to them at the time of registration.

9. Suspension - Deactivating the Account

@uctionspress reserves the right to suspend the account of the Registree or to definitively deactivate it in the event of a breach and/or abuse by them in connection with the use of the Site and/or vis-à-vis @uctionspress, and/or a breach of the General Terms and Conditions of Use not remedied within a period of ten (10) days from the sending of an email requesting remedy of the said breach by @uctionspress. By means of this email, @uctionspress warns the Registree of the risk of suspension and/or deactivation of their Account.
@uctionspress initiates this suspension and deactivation especially in the following cases:
  • In the event of fraud or attempted fraud when using the Site;
  • In the event of improper use or misuse of the site;
  • In the event of actions liable to disrupt functioning of the site;
  • In the event of abnormal use of the Registree's account compared to their standard use (abnormally high number or amount of transactions on the same day or a given period of time, etc.);
  • More generally, in the event of non-compliance with the provisions referred to in these General Terms and Conditions of use.
In any case, when a Subscriber breaches the General Terms and Conditions of Use, or more generally the laws and regulations in force, @uctionspress reserves the right to permanently suspend the Registree's Account by blocking their access to their Account and forbidding them from registering again, without prejudice to any legal action by @uctionspress against the said Registree.
The Registree will then receive an email informing them of the suspension and deactivation of their Account.
In addition, should the Registree fail to use the Account for more than three (3) years, @uctionspress reserves the right to deactivate the Account subject to the sending of a preliminary email inviting the Registree to log into their Account within fifteen (15) days.
Upon the deactivation of an Account, @uctionspress undertakes to erase or anonymise the data it has in its possession in accordance with @uctionspress's Privacy Policy accessible via the URL. PRIVACY POLICY .

10. Unsubscribing

The Registree may request their unsubscription at any time from the Site or the closure of their Account by sending an email to the address gazettedrouot@drouot.com..

11. Personal data

In connection with the use of the Site, in its capacity of the data controller @uctionspress collects personal data concerning Users and Registrees when they subscribe to the Free Services and when they use the Site and/or when during a subscription to Paid services in accordance with the provisions of European Regulation No. 2016/679 of 27 April 2016 (hereinafter the "GDPR") and Law No. 78-17 of January 6, 1978 amended, the so-called "Loi Informatique et Libertés" (French Data Protection Act).
The characteristics and procedures for the processing identified below, performed by @uctionspress, are detailed in the @uctionspress Privacy Policy available at the following URL PRIVACY POLICY.
11.1 Processing of data concerning subscription to LA GAZETTE DROUOT
@uctionspress is required to process and, in particular, collect personal data of Users and Registrees as data controller for the purpose of taking out a Subscription.  The information and methods of processing this Data are available in the General Terms and Conditions of Subscription. 11.2 Processing of data concerning use of the Site
The personal data of Users and Registrees is also collected and processed by @uctionspress as the data controller for the purpose of providing the Free Services and the operation of the Website for Users, in particular, via the use of cookies. The information and methods of processing concerning this Data are available in the Privacy Policy referred to above.
  

12. Intellectual property

The trademarks, logos, signs and other Content of the Site are protected by the Code of Intellectual Property and more specifically by copyright.
@uctionspress is the sole owner of all rights relating to the Site, software, codes, data and documents relating thereto and, in particular, to all copyright, trademark rights, patents, sui generis rights concerning databases and other intellectual property rights.
The User is prohibited from reproducing, representing, extracting, or using in any way whatsoever, all or part of the Site or its Content and, in particular, the Catalogues without having obtained prior written authorisation from @uctionspress on pain of witnessing legal action for infringement brought against them.
The User agrees to use the Site Content in a strictly private setting. Use of the Content for commercial purposes is strictly prohibited.
The fact of affixing a hypertext link to the Site, using the technique known as "framing" or "deep linking", is strictly prohibited, except with the prior written authorisation provided by @uctionspress.


13. Access and availability of the Site

The Site allows any User with access to the Internet free access to the Content except for the Content contained in the Services reserved for Subscribers. All costs incurred by the User to access the Site (hardware, software, Internet connection, etc.) are at their expense.
@uctionspress strives, as far as possible and within the framework of its best-effort obligation relative to the operation of the Site, to keep it accessible 7 days a week and 24 hours a day. Nevertheless, access to the Site may be modified, suspended or interrupted temporarily or permanently, due to technical maintenance, migration or updates, due to breakdowns or constraints related to functioning of the Internet without such operations opening a right to any compensation. @uctionspress undertakes to make every effort to limit this type of interruption.

14. Responsibility of @uctionspress

@uctionspress, as the publisher of the Site, is aware of and controls the Content published on the Site, with the exception of Catalogues which remain under the sole responsibility of the Auction Houses in accordance with Article Error! Reference source not found. .
@uctionspress is not responsible for the Content of the Catalogues that it makes available to Users.
Its Free Services are only intended to allow online access to Catalogues for auctions organised by an Auction House.
@uctionspress is neither a proxy nor an agent nor a representative of the Auction Houses or the Users.
@uctionspress does not intervene in the conduct or organisation of the auctions and, more particularly, does not intervene in the exhibition and the description of the objects put up for auction; all these services, procedures and diligence are ensured by Auction Houses. @uctionspress is also not responsible for the veracity of the information provided by the Auction Houses in the Catalogues and concerning the results of the auctions, as well as the legality, authenticity or conformity of the objects proposed by the Auction Houses.
Consequently, @uctionspress cannot be held liable, for any reason whatsoever, in the event of litigation, whatever its nature, which may occur between the User and an Auction House on the occasion of an auction.
@uctionspress, its managers, employees or agents, cannot be held liable for consequential damages, commercial losses, loss of profits or damage to the brand image resulting from the use of the Site and its free or paid Services.
The networks on which the Content circulate have different characteristics and capacities and are likely to be saturated at certain times of the day, which may affect their download time and accessibility.
@uctionspress cannot be held liable for any malfunction or impossibility of access to the Services attributable to the User's access provider, congestion of the Internet, equipment unsuitable for a maintenance operation or updating of the Services or any other circumstance unrelated to @uctionspress.

15. Notification and unlawful content

If a User believes that illegal Content has been published on the Site in an auction Catalogue or in the schedule, they are invited to report it to @uctionspress, using the contact details indicated in Article 20, which undertakes to promptly remove such Content from the Site or make it inaccessible as soon as it becomes aware of its unlawful nature.
In accordance with the legal provisions in force, @uctionspress is presumed to have knowledge of the allegedly unlawful Content only when it is made aware of the following:
  • The date of notification;
  • Natural person: surname, first names, occupation, domicile, nationality, date and place of birth;
  • Legal person: form, name, registered office and legally representative body;
  • The description of the contentious Content and its precise location on the websites (full URL address);
  • The grounds on which the Content is to be withdrawn, including the legal provisions and the factual justifications on which the withdrawal request is based;
  • If the request is based on the infringement of intellectual property rights, the evidence of the said rights;
  • The copy of the correspondence addressed to the author or publisher of the illegal Content, requesting its discontinuation, withdrawal or modification, or evidence that it was not possible to contact them.

16. Hypertext links

Many outgoing hypertext links are present on the Site; however the web pages where these links lead do not render @uctionspress liable since it has no control over these links.
The User therefore undertakes to refrain from invoking the liability of @uctionspress in respect of the Content and the resources relating to these outgoing hypertext links.

17. Modification of the General Terms and Conditions of use

@uctionspress reserves the right to adapt and modify the General Terms and Conditions of Use at any time.
@uctionspress will inform Registrees thereof by email.
If the User refuses these changes, they undertake to stop using the Site.
If a Registree refuses these changes, they undertake to desist from using their Account.
Any access to the Site or to the Account of a Registree after notification by @uctionspress of the new General Terms and Conditions of Use implies full and total acceptance of these new General Terms and Conditions of Use.
@uctionspress also reserves the right to modify or suspend, without reason, all or part of the Site.
Any modification or deletion of the Site does not create a right to any compensation for any reason whatsoever.

18. Applicable law and competent courts

The General Terms and Conditions of use are governed by French law.
In the event of a dispute between a User and @uctionspress, they can get in touch with the subscription department of @uctionspress whose contact details are shown in Article 20 below.
In the event of a failure of the claim made to the department mentioned above, when the User is a consumer User within the meaning of the introductory article of the French Consumer Code, they may submit the dispute between themself and @uctionspress to a mediator by filing a complaint on the following website: http://ec.europa.eu/consumers/odr/.
In the event of failure of mediation and for any dispute between a Consumer user and @uctionspress, the dispute may be brought either before the court of the place where they resided at the time of taking out the Subscription or the court of the place where the harmful event occurred.
In the event of disputes between a Professional User within the meaning of the introductory article of the French Consumer Code and @uctionspress relating to the validity, interpretation or performance of the General Terms and Conditions of Use, only the Paris Commercial Court will be competent.

19. Entirety

If one or more stipulations in the General Terms and Conditions of Use are held to be invalid, obsolete or declared as such pursuant to a legal or regulatory text or following a final court ruling, the other stipulations shall retain their full force and effect.
The fact that @uctionspress fails to invoke a breach of any of the obligations referred to in the General Terms and Conditions of Use shall not be construed in the future as a waiver of the obligation in question.

20. Legal Notice

The website is published by the @uctionspress company with capital of 140,800 euros, with head office at 18-20 Boulevard Montmartre - 75009 Paris and listed on the Paris Trade and Companies Register under number 682 004 338.
The Publication Director is Mr Olivier Lange, Chief Executive Officer.
The website is hosted in the Europe-Ireland zone of the Google Cloud Platform service, Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland.

Users can contact @uctionspress at the following address:
@uctionspress
18-20 boulevard Montmartre
75009 Paris
Telephone 33 (0)1 17 70 93 00
Email: gazettedrouot@drouot.com