: Société Anonyme (limited company) listed on the Paris Trade & Companies Register under number 682 004 338 whose head office is located at 18 boulevard Montmartre - 75009 Paris with capital of 140,800 euros which distributes, in the form of Subscriptions, the Magazines which it publishes;
: Subscribers domiciled in the Paris region, Lyon and New York have the option of asking @uctionspress to ensure the weekly delivery of Magazines by carrier. @uctionspress then uses various service providers which deliver Magazines sent by the printer according to a geographical distribution established with @uctionspress to the addresses provided by Subscribers.
: A natural person taking out a subscription for purposes that are not part of their commercial, industrial, skilled-trade, liberal or agricultural activity;
General Terms and Conditions of Subscription
: These General Terms and Conditions of Subscription to Magazines;
General Terms and Conditions of Use
: General Terms and Conditions of Use of the Website accessible at the following address: https://www.gazette-drouot.com/pdf/cgu.pdf
: "La Gazette Drouot" Magazine which is the subject of these General Terms and Conditions of Subscription;
: The various Subscription options offered by @uctionspress. The Subscriber can choose from among the various options described in the subscription form available on the Site or through the subscription department of @uctionspress. They are subject to these General Terms and Conditions of Subscription of which all the detailed conditions such as the duration, the frequency, the price and the conditions of renewal are envisaged in the Offer chosen in accordance with the provisions of Article L.112 -1 of the French Consumer Code.
: A natural or legal person acting for purposes falling within the scope of their commercial, industrial, skilled-trade, liberal or agricultural activity;
@uctionspress transmits to a service provider, the Magazines to be printed and delivered to the Subscribers by the Post Office. The Router transmits the Magazines for delivery to the Post Office.
: Website published by @uctionspress, accessible at www.gazette-drouot.com
on which the Subscriber can take out a Subscription;
: Consumer Subscriber or Professional Subscriber;
: any subscription contract concerning Magazines, the subject of the Subscriber's order, offered for sale in accordance with these General Terms and Conditions of Subscription;
: Document summarising the elements of the Subscription and the full contact details furnished by the Subscriber via the online or paper form that they complete and forward, as appropriate, by email to confirm the Subscription;
These General Terms and Conditions of Subscription define, worldwide without restriction or reservation, the rights and obligations of the parties arising from the Subscription taken out with @uctionspress by the Subscriber.
These General Terms and Conditions of Subscription are accessible at any time on the Site and at the subscription department of @uctionspress and will prevail, if necessary, over any other version or any contradictory document as well as all other conditions applicable to sale of Magazines by newsagents or other distribution and marketing channels, unless otherwise expressly agreed in writing.
It is up to the Subscriber, under their responsibility, to keep a copy of the General Terms and Conditions of Subscription relating to their Subscription on the medium of their choice.
@uctionspress is dedicated to selling Subscriptions to Professional Subscribers and Consumer Subscribers, for their personal needs only.
3. Acceptance of the General Terms and Conditions of Subscription
Any Subscription presupposes the preliminary consultation of these General Terms and Conditions of Subscription and their unconditional acceptance by the Subscriber.
Accordingly, the Subscriber acknowledges having read these General Terms and Conditions of Subscription, understood them and expressly accepted them unconditionally and in full knowledge of the facts by sending @uctionspress the Subscription Form dated and signed by hand.
When the Subscriber takes out a Subscription via the Site, they acknowledge having read the General Terms and Conditions of Use, understood them and expressly accepted them unconditionally and in full knowledge of the facts by validating the subscription using a checkbox.
4. Entry into force and duration
The General Terms and Conditions of Subscription are effective as of 01/05/2019
and remain applicable for the duration of the Subscription depending on the Offer selected.
They are applicable, in their terms, on the day that the Subscription is taken out according to the version in effect on the Site on that date.
The Subscriber is informed that their Subscription is tacitly renewed unless they oppose such tacit renewal by ticking the corresponding box on the online or paper form.
In the event that the Subscriber should refuse tacit renewal of their Subscription, the said Subscriber may proceed with renewal by expressly submitting their request to @uctionspress by email or post to the address indicated in Article 24, at least one (1) month before the expiry date of the Subscription for Subscriptions running for six (6) months and (1) year and at least fifteen (15) days before the expiry date for a Subscription of one (1) month duration.
In the absence of confirmation of renewal by the Subscriber, it is not renewed and ends on its expiry date.
The Subscriber having accepted the tacit renewal of the Subscription may terminate the Subscription by email or registered letter with acknowledgement of receipt sent to @uctionspress no later than fifteen (15) days before the expiry of the Subscription.
This request for termination of the Subscription by the Subscriber will not be effective until the expiry of the Subscription invoiced.
When a Subscription is terminated before its expiry date by the Subscriber, the balance remaining to run is not refunded regardless of the reason.
5. Subscription conditions
Only individuals who are at least 18 years of age and have full legal capacity are entitled to subscribe.
Protected adults can subscribe subject to having obtained the authorisation of their legal representative.
The Subscriber declares having full legal capacity to accept these General Terms and Conditions of Subscription and more generally to take out a Subscription.
The Subscription service consists in the weekly sending of Magazines during a period chosen by the Subscriber according to the proposed Offers.
For a Subscription of one (1) year, the Subscriber is informed that despite the expiry of their Subscription, they will receive three (3) additional issues in paper format only from @uctionspress. However, in the event of a renewal of their Subscription in the month following its expiry, they are informed that the cost of the three (3) additional issues delivered will be deducted from their Subscription and that the date of renewal of this Subscription will be fixed at the expiry of the former.
For a six (6) month Subscription period, the Subscriber may only reside in France, Monaco or Andorra.
The Subscriber has the option of choosing between a Subscription to Magazines in paper format (which includes the digital version) or digital only.
For a subscription of one (1) month, it can only be provided in digital format.
The choice of an Offer by the Subscriber is their sole responsibility.
The Subscriber acknowledges having been informed that delivery of the Magazines will be suspended during the period from mid-July to the end of August and the month of December, regardless of the duration of the Subscription chosen.
By taking out a Subscription via the online form, the Subscriber benefits from the paid Services of the Site which are accessible to them depending on the paid option they have chosen.
In subscribing to a Subscription by post, telephone or email, the Subscriber is invited to indicate an email address. In fact, the Subscription Department of @uctionspress creates an Account on the Site for the Subscriber allowing them to benefit from the paid Services of the Site which are accessible to them as from their payment and until the Tuesday preceding delivery of the last Magazine included in their Subscription.
The Subscriber is informed that if they take out a Subscription by post, telephone or email without providing an email address, and decide to create an account themselves on the Site, they will not be able to benefit from the paid Services of the Site unless they request it from the Subscription Department of @uctionspress.
B. Subscription procedures
A subscription is taken out:
- On the Site by completing the form accessible on the dedicated page;
- By telephone with the Subscription Department of @uctionspress;
- By email;
- By posting a letter for @uctionspress to the address indicated in the Article 24.
The Subscriber provides personal information and their bank details tailored to the nature of their Professional or Consumer Subscriber profile.
Banking data is collected and stored securely as described in Article 8. This makes it possible to secure the transactions and to be assured of the origin of the funds if necessary.
Any incomplete, incorrect or illegible form is rejected by @uctionspress. The Subscription form on the Site or from @uctionspress can only be taken into account by @uctionspress if the Subscriber has completed all the fields in the form, including the selection of the Subscription which the Subscriber wishes to take out depending on the Offers available.
The Subscriber can download the paid invoices corresponding to their Subscription from their personal space.
When the Subscriber does not have an account on the Site, @uctionspress will send them an invoice at their request to the address indicated on the Subscription Form.
Any Subscription taken out by any of the means referred to above constitutes the formation of a contract between the Subscriber and @uctionspress. Upon validation of the Subscription, it is registered and becomes irrevocable.
The receipt of payment determines the final formation of the contract and @uctionspress sends the Subscriber a confirmation concerning the Subscription by email reminding them of the Subscription reference, the amount, the chosen Offer and the information in relation to the corresponding invoice which is available online in their personal space. As appropriate, the confirmation email refers to the Subscriber's agreement to the provision of digital content that is not presented on a physical medium.
Any Subscription taken out using the Subscriber's personal data is deemed to have been taken out by the Subscriber.
@uctionspress reserves the right to cancel any Subscription of a Subscriber with whom there is a payment dispute regarding the Subscription to be taken out or concerning a previous Subscription without the latter being able to claim any indemnity for any reason whatsoever.
6. Obligations of the Subscriber
The Subscriber agrees to register as a Consumer or Professional Subscriber in a manner consistent with their actual activity.
The Subscriber understands that any fraud constitutes a breach of these General Terms and Conditions of Subscription that may result in the suspension or termination of their Subscription at the initiative of @uctionspress under the conditions of Article 17.
In the context of taking out a Subscription, the Subscriber 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 will take account of the change indicated as soon as possible.
@uctionspress cannot be held liable in the event of incidents related to obsolete or misinformed information on the part of the Subscriber.
The Subscriber warrants that no information transmitted infringes the rights of third parties, nor is it contrary to the law and regulations in force.
Failing which, @uctionspress reserves the right to take any appropriate action, including suspending or terminating the relevant Subscription or carrying out any action, including legal proceedings.
The Subscriber must ensure, before taking out a Subscription on the Site, that they have the technical tools adapted to use of the Site and, as a minimum, the following technical prerequisites to optimise access to the Site: 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 Site.
The Subscriber is required to pay the price of the Subscription which they have taken out.
The offers and prices applicable are those in force at the time of taking out the subscription and confirmed on the Subscription Form sent by email or post by the Subscriber to @uctionspress.
Prices are calculated taking into account the processing and delivery costs depending on the delivery location.
Prices are quoted in euros inclusive of taxes on the day of the order. Any change in the applicable VAT rate will be automatically passed on.
If a Subscriber takes out a Subscription that does not correspond to their geographical area, @uctionspress will reduce the duration of their Subscription in proportion to the price already paid for the geographical area where the Subscriber is located or ask the Subscriber to supplement their payment so as to be in line with the Subscription which they should have taken out in view of their geographical area.
@uctionspress reserves the right to modify its prices at any time.
@uctionspress will inform the Subscriber of this modification of prices prior to the renewal of the Subscription. The price of the Subscription is firm and non-revisable during the period of the Subscription.
In fact, modifications are only valid for renewals and future Subscriptions.
The Subscriber can choose from all the payment methods indicated on the Subscription Form.
When the Customer opts to pay by credit card during a Subscription by letter or on the Site, the Customer enters their banking details in the page of the corresponding site or on the form for their Subscription by post.This information is sent to @uctionspress which will proceed with the settlement of the Subscription using the payment terminal made available to @uctionspress by its payment service provider Ingenico.
The Customer may also opt for online payment on the Site using their credit card. The data is then sent directly to the payment service provider of @uctionspress, Ingenico, which manages the online payment. The Customer's data is then verified and the amount of the payment is debited immediately after the validation of the Subscription.
In both cases of payment by credit card, whether online or via the Subscription Department of @uctionspres , this banking data is then encrypted by service providers, certified PCI-DSS through its own services. This is an international security standard whose objectives are to ensure the confidentiality and integrity of cardholder data and so secure the protection of card and transaction data. In the event that the Subscriber does not want their Subscription to be tacitly renewed, @uctionspress does not possess and does not keep the said data, their collection and processing being governed by the conditions specific to the Ingenico payment service provider.
In the context of an automatic renewal of the Subscription: @uctionspress keeps an encrypted version of the banking data to be able to ask its payment service provider for a payment on the anniversary date of the Subscription. The encrypted version is the identifier that allows the Ingenico service provider to request payment.
The Subscriber warrants to @uctionspress that it has the necessary authorisations to use the method of payment chosen by them, during validation of the Subscription Form.
Only the Subscriber is responsible for payment by credit card. @uctionspress is not responsible for payment issues related to operation of the e-commerce service. It cannot be held liable for fraudulent use of the means of payment opted for.
The Subscriber may also pay the amount of their Subscription by transmitting an RIB (banking details) to @uctionspress with a debit authorisation. However, this banking information is only kept for the time it takes to make the transaction.
Payments made by the Subscriber, regardless of the method of payment used, are only considered final after actual receipt of the amounts due by the Subscriber to @uctionspress. No additional costs, exceeding the costs incurred by @uctionspress for using a means of payment will be charged to the Subscriber.
9. Failure to pay by a SUBSCRIBER
By accepting the General Terms and Conditions of Subscription, the Subscriber has agreed to pay the Subscription price.
In the absence of payment thirty (30) days after reminders from @uctionspress, the latter will inform the Subscriber of the risk of registration of its data in a subscription exclusion file.
As soon as the Subscriber makes their payment, all of their data will be erased from the exclusion file within 48 hours of the notification of payment to @uctionspress.
Only those responsible for recovering outstanding payments and customer service personnel have access to the defaulting Subscribers exclusion file.
The Magazines are sent by Router which transmits them to the Post Office or to the Carrier to the address which appears on the Subscription Form. The Subscriber agrees to take delivery of the Magazines for which they have taken out a Subscription.
The delivery of Magazines is carried out by default by the Router which transmits them to the Post Office.
However, when the delivery address entered by the Subscriber is in a geographic area that allows delivery by Carrier, @uctionspress sends a mail to the Subscriber proposing this second delivery option.
The Subscriber is then asked to fill in the details allowing delivery by Carrier.
@uctionspress undertakes to send and receive the first issue of its Subscription within a maximum of four (4) weeks from the date of confirmation of the Subscription Form.
In the case of a Subscription in digital format, the Subscriber may consult the status of their Subscription, the number of Magazines remaining to be delivered, in their subscriber space on the Site. The content accessible via the Digital Offer is available immediately after placing an order on the Site.
The Magazines are delivered to Subscribers upon transmission by @uctionspress to the Router and printing of the Magazine's layouts by it and sending to the Carrier if necessary. @uctionspress cannot be held liable for late receipt of Magazines by the Router or the Carrier or if they are sent to a zone requiring a longer delivery time.
Receipt of the Magazines takes place every week except in the periods during which the Magazines are not published (from mid-July to end of August and the month of December).
However, deliveries are not made on Sundays or public holidays.
When the Magazines are delivered abroad, the service provider of @uctionspress, IMX, deposits the Magazines directly with the postal services of the Magazines' country of destination. In such case, the delivery of Magazines is not assigned to the Post Office.
It is up to the Subscriber to check with the local authorities as to the possibilities of importing or using the Subscriptions that the Subscriber intends to take out. The liability of @uctionspress will not be incurred in cases of non-compliance by the Subscriber with the legislation of the country in which the Magazines are delivered.
In the event that the Magazine is returned to @uctionspress due to failed delivery, a second delivery will be made at the request of the Subscriber and at the expense of @uctionspress. If the Magazine is sent back to @uctionspress again, no further attempts at delivery will be made.
The Professional Subscriber assumes the risk of transportation. In the event of damage occurring during transport of the Magazines, the Professional Subscriber has a period of three (3) days from delivery to send a reasoned complaint to the address shown in Article 3.
11. Transfer of ownership
The delivery of orders being ensured by Router which transmits them to the Post Office or Carrier, the transfer of ownership of the Magazines takes place at the moment when the Subscriber takes physical possession of the Magazine and when they can therefore check its general state.
If it turns out that the Subscriber has not received the Magazine for which they have taken out a Subscription, it is up to @uctionspress to bear the risks of the loss of the Magazine.
12. The Consumer Subscriber's right of withdrawal
In accordance with Articles L.221-18 et seq. of the French Consumer Code, the Consumer Subscriber has fourteen (14) days after the physical receipt of the first Magazine to exercise the right of withdrawal of a Subscription in paper format taken out remotely, by telephone or on the Site or off premises, without having to justify their decision nor to bear costs other than the cost of return.
If the Subscription relates to Magazines in digital format, the Subscriber is informed that they waive the exercise of their right of withdrawal after express waiver to it in accordance with Article L.221-28,13° of the French Consumer Code.
The Consumer Subscriber can exercise their right of withdrawal by informing @uctionspress of their decision to withdraw by sending, before the expiry of the aforementioned period, an unambiguous declaration expressing their desire to withdraw by registered letter with acknowledgement of receipt or by email to the address shown in article 24. The Consumer Subscriber may also notify their decision to withdraw by means of the standard withdrawal form.
@uctionspress shall reimburse the Consumer Subscriber for all amounts paid, including delivery charges, no later than fourteen (14) days from the date on which @uctionspress is informed of the Subscriber Consumer's decision to withdraw. @uctionspress proceeds with the refund using the same means of payment as used by the Consumer Subscriber for the original transaction unless a different means is expressly agreed to.
13. Guarantees given by @uctionspress to the Consumer Subscriber
The Magazines sold on the Site comply with the regulations in force.
Magazines provided by @uctionspress are covered, ipso jure and without additional payment, independently of the right of withdrawal, in accordance with the provisions of the French Consumer Code applicable to Consumer Subscribers,
- by the legal guarantee of conformity in Articles L.217-4 to 14 of the French Consumer Code for products that are apparently defective, deteriorated, damaged or not corresponding to the Subscription taken out;
- the legal guarantee against hidden defects resulting from a defect in material, design, or workmanship affecting the Magazines delivered and rendering them unfit for their use in accordance with Articles 1641 et seq. of the French Civil Code.
It is recalled that in the context of the legal guarantee of conformity:
The user has a period of two (2) years from the issuance of Magazines to act. They can choose between repair or replacement subject to the cost conditions provided for in Article L.217-9 of the French Consumer Code.
They are excused from furnishing proof of the existence of non-conforming Magazines at the time of delivery for twenty-four (24) months following delivery of the Magazines.
This guarantee applies regardless of any commercial guarantee.
The user can decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the French Civil Code and they can then choose between the cancellation of the sale or a reduction in the selling price in accordance with Article 1644 of the French Civil Code.
B. In order to assert their rights, the Consumer Subscriber may contact @uctionspress at the address indicated in Article 24 below.Reimbursement of the Consumer Subscriber
The Subscriber is required to check the status of the order delivered upon receipt of the Magazine.
Taking into account the legal guarantee of conformity and the guarantee against hidden defects described in Article 13a and of the nature of the item concerned, @uctionspress offers the Subscriber the chance to replace or to retrieve the Magazine against a refund in the event of non-compliant or defective delivery.
In both cases, the Subscriber must return to @uctionspress the non-compliant Magazine in its original packaging, stating the reason on the delivery note or the invoice, the direct costs of return being paid by @uctionspress.
The exchange of the Magazine (within the limits of the available stocks) or the refund of the price of the Magazine considered will be carried out in a period of thirty days (at most thirty (30) days) from the receipt, by @uctionspress, of the Magazine returned by the Subscriber.
The refund of the Subscription which has not run its course and the cost of return will be credited to the bank account of the Subscriber or be covered by a cheque sent to the Subscriber within a maximum of fourteen (14) days following the date on which the Subscriber provides @uctionspress with the proof of sending of the returned Magazine.
In any case, with respect to Professional Subscribers the liability of @uctionspress is limited by the value of the Subscription.
14. Responsibilities of @uctionspress
@uctionspress is a publisher of magazines that organises the process of sending magazines according to the offers and conditions of delivery signed up to by the Subscriber.
The Site and taking out Subscriptions by telephone are means of communication intended to allow the taking out of Subscriptions to the Magazines published by @uctionspress.
The photographs and texts reproduced on the Site illustrating the Magazines presented are not contractual. The liability of @uctionspress cannot be incurred in the event of an error in one of the photographs or one of the texts.
In any case, vis-à-vis the Professional Subscribers, its liability will be limited to the amount of the Magazine.
@uctionspress cannot in any case be held liable in cases of failure to fulfil its obligations:
- Due to a case of force majeure as defined in Article 1218 of the French Civil Code;
- Due to a third party;
- Due to damage resulting in whole or in part from a breach by the Subscriber of their own contractual obligations under these General Terms and Conditions of Use
@uctionspress cannot be held liable for any malfunction or inability to access the Site as defined in the applicable General Terms and Conditions of Use or the telephone service attributable to the Subscriber's access provider, congestion on the Internet or telephone network, to equipment that is unsuitable for a maintenance or update operation on the Site or to any other circumstance unrelated to @uctionspress.
15. Personal data
The information collected by @uctionspress when the Subscription is taken out, by Subscribers on the Site, by telephone or via a paper form, is protected by the regulations in force applicable to the processing of personal data and, in particular , the Regulation (EU) 2016/679 of the European Parliament and of the Council applicable from 25 May 2018 (hereinafter "the GDPR
") and the Law No. 78-17 of 6 January 1978
amended, the so-called "Loi Informatique et Libertés"
(French data protection act).
Subscribers have the right of access, rectification, deletion, opposition to communication, limitation of processing, right to portability and the right to define guidelines after death by contacting @uctionspress by email at the following address: firstname.lastname@example.org
, or by post at the address indicated in Article 24.
The provision of this data is necessary to enable @uctionspress to perform the services related to the Subscription which the Subscriber has taken out and which they wish to benefit from and has the purpose of managing the customer relationship, invoicing and identification of the Subscribers who are responsible for unpaid invoices in a file. In addition, the Subscriber may process the data for the purposes of commercial prospecting, management of the relationship with their customers and prospects on the basis of the legitimate interest.
As part of these purposes, Subscriber data is intended for @uctionspress personnel and may be passed on to service providers or partners located within the European Union for the purpose of performing the Subscription.
The collected data may only be shared with the auction operators for the purposes of commercial prospecting with your express agreement via a checkbox when subscribing via the Site or paper form. When you have given your consent, @uctionspress undertakes to only share its data with auction operators and professionals in the art market who use its services.
The data is kept for the duration of the contractual relationship between @uctionspress and the Subscriber and up to three (3) years after it has ended. At the end of this period, @uctionspress may ask the Subscriber if they wish to continue receiving information from @uctionspress. In the absence of positive and explicit action by the Subscriber, the data is archived for the duration of the legal directive as well as for a period of ten (10) years from the end of the accounting year of the end of the contractual relationship for the purposes of managing billing and accounting.
In the event of a dispute regarding the use of their data, the Subscriber may appeal to the CNIL (French data protection watchdog).
16. Intellectual property
The Subscription does not constitute, in any case, an assignment to the Subscriber of the intellectual property rights that @uctionspress holds in respect of the Magazines and their content.
The Subscriber undertakes not to infringe, directly or indirectly, the rights attached to the information contained in the Magazines by unfair or parasitic acts and shall take, with regard to their personnel or third parties, all necessary measures to ensure the rights of @uctionspress as publisher.
Any use of the information contained in the Magazines not provided for in these General Terms and Conditions of Subscription is illegal. The information contained in the Magazines may not be the subject of any permanent or temporary reproduction, in whole or in part, and in any form whatsoever or any translation, arrangement, adaptation or any other transformation, nor any form of dissemination, communication, exhibition or representation to the public or to an identified third party, free of charge or for a fee, directly or indirectly, on pain of infringement proceedings being brought against the Subscriber.
17. Termination of Subscription
@uctionspress reserves the right to suspend the Subscription or to terminate it in the event of a breach and/or abuse by the Subscriber in the context of its Subscription, and/or a breach of the General Terms and Conditions of Subscription not remedied within a period of ten (10) days from the sending of a letter requesting remedy of the said breach by @uctionspress. By this letter, @uctionspress shall warn the Subscriber of the risk of suspension and/or termination of their Subscription.
@uctionspress initiates this suspension and termination especially in the following cases:
- In the case of fraud or attempted fraud when using Magazines (resale to third parties, etc.);
- In the case of improper use or misuse of Magazines;
- In the case of acts liable to disrupt operation of the Subscriptions;
- More generally, in the case of non-compliance with the provisions referred to in these General Terms and Conditions of Subscription.
In any case, when a Subscriber breaches the General Terms and Conditions of Subscription, or more generally the laws and regulations in force, @uctionspress reserves the right to terminate the Subscription in a definitive manner and prohibit the former from subscribing again, without prejudice to any legal action by @uctionspress against the said Subscriber.
The Subscriber then receives an email or registered letter with acknowledgement of receipt, in the event that the Subscriber does not have an email address, informing them of the suspension or termination of their Subscription. No refund will be granted.
18. Modification of the General Terms and Conditions of Subscription
@uctionspress reserves the right to adapt and modify the General Terms and Conditions of Subscription. @uctionspress informs Subscribers by e-mail or by post if the Subscriber has not provided an email address.
For subscriptions already in progress, the old version of the General Terms and Conditions of Subscription remains in effect until the end of the contractual term.
If the Subscriber refuses these changes, they undertake not to renew their Subscription or to terminate it in the event of a tacit renewal.
Any subscription or renewal of a Subscription after notification by @uctionspress of the new General Terms and Conditions of Subscription implies full acceptance of these new General Terms and Conditions of Subscription.
Any modification of the General Terms and Conditions of Subscription does not open an entitlement to any compensation whatsoever.
19. Proof and archiving
The computerised records, stored in the computer systems of @uctionspress under reasonable conditions of security, will be considered as proof of communications, orders and payments between the parties.
This data is therefore admissible, valid and enforceable evidence under the same conditions and with the same probative force as any document that might be drawn up, received or kept in paper form.
If one or more stipulations in these General Terms and Conditions of Subscription are considered to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations shall retain their full force and effect.
The parties mutually agree that the fact that one of the parties tolerates a situation does not have the effect of granting the other party the acquired rights. Such tolerance shall not be construed as a waiver of the rights at issue.
22. Governing Law - Litigation
The General Terms and Conditions of Subscription are governed by French law.
In the event of a dispute between a Subscriber and @uctionspress, they can refer the matter to the subscription department of @uctionspress whose contact details are shown in Article 24 below.
In the event of a failure of the claim to the department mentioned above, when the Subscriber is a Consumer Subscriber, 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 Subscriber 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 any dispute between a Professional Subscriber and @uctionspress relating to the validity, interpretation or performance of the General Terms and Conditions of Subscription, only the Paris Commercial Court will have jurisdiction.
The parties elect domicile at the addresses appearing, for the Subscriber, on the Subscription Form, for @uctionspress, in Article 24 below.
In order to be valid, all notifications must have been made to the address of domiciliation by registered letter with acknowledgement of receipt.
Subscribers can contact @uctionspress at the following address:
18 boulevard Montmartre
Tel.: 00 33 (1) 47 70 93 00
in particular, for the exercise of the right of withdrawal, the invoking of legal guaranties or the making of a claim.