GENERAL CONDITIONS OF USE OF THE SITE
IN FORCE ON 01/01/2021
The purpose of this clause is to define the various essential terms of the contract:
Catalog: Document containing the list of lots offered at an auction organized by the Sales Operator, their photographs and their descriptions including the compulsory advertising information described in Article R.321-33 of the Commercial Code.
General Conditions of Use: The present general conditions of use of the Site and its Services.
Terms of Sale : Special conditions of sale specific to each auction established by the Sales Operator and appearing on the Announcements of the lots presented, on the Site and in the Catalogues.
Content: Words, texts, articles, photos, videos, hypertext links, files, documents or any other element made accessible to the public through the Site.
Telephone Bidding: A User who is unable to attend an auction in the auction room may send a request to the Sales Operator to be called when the lot he/she wants is being auctioned so that he/she can bid by telephone as if he/she were in the auction room.
Purchase Order: A User who cannot attend an auction in the auction room can send the Sales Operator a purchase order setting the maximum purchase price of a lot. It constitutes a firm commitment to buy made by the User.
Sales Operator : The company Les Ventes Damien Voglaire SRL whose registered office is located Chaussée de Charleroi 162/8 - 1060 Brussels - Belgium - registered under the VAT number BE 0659 874 568.
Les Ventes Damien Voglaire SRL is a voluntary sales operator organizing auctions at Chaussée de Charleroi 162/8 - 1060 Brussels - Belgium or online on the DrouotDigital Platform.
Purchase Order Basket: the section in which the User keeps the Purchase Orders placed on the Site pending their final validation.
DrouotDigital Platform: Platform allowing remote participation in Live Sales and Online Sales via the website www.drouotonline.com. Services: All the services offered by the Sales Operator on the Website and described in article 3 of the General Terms and Conditions of Use.
User: Any person who uses the Site and its Services.
Live Auctions: Auctions taking place in the auction rooms used by Les Ventes Damien Voglaire SRL such as Chaussée de Charleroi 162/8 - 1060 Brussels, broadcasted live thanks to the MoniteurLive and DrouotDigital platforms.
Online Sales: Auctions taking place only online and accessible from the DrouotDigital Platform.
2. PURPOSE OF THE GENERAL TERMS AND CONDITIONS OF USE
The Website published by the Sales Operator enables Users to send requests for estimates online, to access the Sales Catalogues and to participate remotely in Live or Online Sales.
In case of non-acceptance of the General Conditions of Use, the User must renounce access to the Site and use of the Services.
The General Terms and Conditions of Use are in force as of 01/01/2021 and are applicable to any use of the Site.
3.1. REQUEST FOR AN ESTIMATE
The User who wishes to have an item estimated or who wishes to sell an item at auction may submit a free estimate request to the Sales Operator.
3.1.1. Online estimate
The User can make an online estimate request directly on the Site on the relevant page by completing the form. The User is invited to fill in his/her contact details and to provide photographs of the item, its dimensions and any comments that could give an indication of its value. The Sales Operator's team undertakes to contact the User again to give him/her an estimate of his/her item and to offer it for auction.
3.1.2. Estimation at the Sales Operator's premises
The User may visit the Sales Operator's premises, whose address and opening hours are shown on the Site. The Sales Operator's team undertakes to provide the User with a verbal estimate free of charge and without obligation. If necessary, the Sales Operator's team will invite the User to deposit his object for a more in-depth appraisal.
3.1.3 Inventory at home
The User may contact the Sales Operator at the address indicated on the Website so that an inventory of several objects he/she holds can be carried out by appointment at his/her home. This inventory is then invoiced. The estimates made by the Sales Operator, in support of the elements transmitted by the User, are only communicated as an indication, the auction price resulting from the free play of bids.
3.2. PLACING A PURCHASE ORDER & REQUESTING A TELEPHONE AUCTION
Users can consult the Sales Catalogues online via the Site. A User may participate :
- Live Sales either by transmitting their bids live via a redirection on the DrouotDigital Platform, or by transmitting, up to three (3) hours before the sale, a Purchase Order or a Telephone Bidding request, on the Website or by accessing the DrouotDigital Platform to which a redirection is also proposed on the Website; These requests will be executed during the sale ;
- to Online Sales by being redirected to the DrouotDigital Platform
When the User is redirected to the DrouotDigital Platform, the User is subject to the general terms and conditions of use and sale of this platform.
The User is required to provide information relating to his/her identity and bank details, using a form, when submitting a Purchase Order or a Telephone Bidding request on the Website and to provide any supporting documents that may be requested by the Sales Operator. The User does not have to have an account on the Website or on the Drouot Digital Platform to place a Purchase Order or a Telephone Bidding request on the Website.
His Buy Order or his request for a Phone Auction is then kept in his Buy Orders Basket pending its final validation by the User. The User may place Purchase Orders or Telephone Bidding requests relating to several Sales organized by the Sales Operator in the same Purchase Order Basket.
Once all the desired Purchase Orders and Telephone Bidding requests have been added to the Purchase Order Basket and the User's bank details have been indicated, the User validates them by approving the Sales Operator's Terms and Conditions of Sale and these General Terms and Conditions of Use and by clicking on the validation button.
The Purchase Order or the Telephone Bidding request is transmitted to the Sales Operator with the maximum bid amount for a Purchase Order, the identity of the User, the description of the lot concerned and the User's bank details.
The Sales Operator may refuse to execute the Purchase Order entrusted by the User or to respond to the Telephone Bidding request when :
- the identity or solvency check could not be carried out ;
- the lot to which the Purchase Order or the Telephone Auction request relates has been modified and the Sales Operator has not been able to contact the User to inform him of this;
- if the Telephone Auction request exceeds the Sales Operator's call capacity.
The User is informed of the status of his Purchase Order or his Telephone Auction by email. In the event that several Users submit Purchase Orders for the same amount, if the successful bidder for the lot is one of the persons concerned, priority is given to the User who submitted his Purchase Order first.
The User can modify or delete his Purchase Order or his request for a Telephone Auction by accessing the lot of the concerned Catalogue provided that the modification or the deletion intervenes before the validation of his Basket of Purchase Orders by the User. After validation of the Purchase Order Basket or of the request for a Telephone Auction, it is up to the User to contact the Sales Operator in order to modify or delete his request.
The Sales Operator executes Purchase Orders and/or Telephone Bidding requests of equal amount in the chronological order of their arrival.
The successful bidder will be the highest and last bidder.
When the lot is awarded to a User, the Sales Operator confirms as soon as possible by email to the User that he/she is the successful bidder.
3.3. ONLINE PAYMENT AND ADVANCE DEPOSIT
An online payment form allows the User to pay for his auctions remotely by simply indicating the number of the slip to be paid, its amount, as well as his name and email address.
Similarly, a form is available to make advance deposits online for future sales made by the Sales Operator.
Payment transactions are made by the Sales Operator through its payment provider: Ingenico, PCI-DSS certified.
4. VERIFICATION OF BANK DETAILS
4.1. ONLINE PAYMENT AND ADVANCE DEPOSIT
On the Site, the bank details of the User paying for an auction or making an advance deposit for a future auction are collected by the Sales Operator.
In order to reinforce the control procedures of the User, the Sales Operator uses the 3D Secure standard: the User's bank asks him/her to authenticate him/herself by an identity verification mechanism of his/her own (such as sending a one-time code by SMS to his/her cell phone to be entered on an Internet form of the bank issuing the card).
The banking data is kept securely for the duration of the transaction by the Sales Operator's payment provider, Ingenico, which is PCI-DSS certified. This norm is an international security standard whose objectives are to ensure the confidentiality and integrity of cardholder data and thus secure the protection of card and transaction data.
The technical modalities of credit card verification are secure and the confidentiality of banking data is ensured in compliance with the legal, regulatory and professional provisions in force.
The User may also pay the amount of his auction under the conditions described in the Terms of Sale and on the Site. However, these details are only kept for the duration of the transaction.
4.2. PLACING A PURCHASE ORDER & REQUESTING A TELEPHONE AUCTION
When placing a Purchase Order or a Telephone Bidding request, the User is invited to fill in his bank details. These details are transmitted directly to the Sales Operator who only keeps them for the duration of the auction under the conditions set out in the confidentiality policy accessible at the following address: http://www.voglaire.com/politique-confidentialite
5. USER'S OBLIGATIONS
The User must ensure that he/she has the technical tools adapted to the use of the Services and, at the very least, the following technical recommendations allowing him/her to optimize access to the Services: the latest version of the browsers available on the market, a high-speed Internet connection.
The User is responsible, at his exclusive expense, for the acquisition, installation, maintenance and connection of the various elements of the configuration and means of telecommunication necessary for access to the Site and the Services.
The User agrees to provide accurate personal information in the forms he/she submits to the Sales Operator.
The Sales Operator cannot be held responsible for any incidents related to incorrect information provided by the User.
The User guarantees that no element he/she transmits infringes on the rights of third parties, nor is it contrary to the law and regulations in force.
Should the User fail to do so, the Sales Operator reserves the right to take any appropriate action, including removing the prohibited content, suspending or refusing the User's bids or taking any action, including legal action.
6. PERSONAL DATA
The Sales Operator undertakes to comply with the regulations in force applicable to the processing of personal data and, in particular, Regulation (EU) 2016/679 of the European Parliament and of the Council applicable as of May 25, 2018 (hereinafter, "the RGPD") and Law No. 78-17 of January 6, 1978, as amended, known as the "Loi Informatique et Libertés".
The methods and details of the purposes for which this Data is processed are available in the Site's confidentiality policy, which can be consulted at the following URL address: http://www.voglaire.com/politique-confidentialite
7. INTELLECTUAL PROPERTY
The trademarks, logos, signs and any other Content on the Site are protected by the French Intellectual Property Code and more specifically by copyright.
The Sales Operator is the sole owner of all rights relating to the Content on the Site, and in particular all copyrights on the Content it places online on the Site.
The User may not reproduce, represent, extract, or use in any way whatsoever all or part of the Site or its Content, and in particular the Catalogues, without having obtained prior written authorization from the Sales Operator.
The User undertakes to use the Site's Content in a strictly private context. Use of the Content for commercial purposes is strictly prohibited. Affixing a hypertext link to the Site, using the "framing" or "deep linking" technique, is strictly prohibited, unless prior written authorization is provided by the Sales Operator.
8. SALES OPERATOR'S LIABILITY
The Sales Operator endeavours, as far as possible and as part of its obligation of means relating 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, breakdowns or constraints related to the functioning of the Internet, without these operations giving rise to any right to compensation.
The Sales Operator undertakes to limit, to the maximum of its ability, this type of interruption.
The Sales Operator, its managers, employees or agents shall not be held responsible for any indirect damage, commercial loss, loss of profit or damage to brand image resulting from the use of the Services.
The networks on which the Content circulates have various characteristics and capacities and are likely to be saturated at certain times of the day, which may affect their download time and accessibility.
The Sales Operator shall not be held liable for any malfunction or impossibility of access to the Services attributable to the User's access provider, to Internet network congestion, to equipment unsuitable for maintenance or updating of the Services or to any other circumstance beyond the control of the Sales Operator.
9. HYPERTEXT LINKS
Many outgoing hypertext links are present on the Site, however the web pages where these links lead do not engage the responsibility of the Sales Operator who has no control over these links.
The User therefore refrains from holding the Sales Operator responsible for the Content and resources related to these outgoing hyperlinks.
10. MODIFICATION OF THE GENERAL CONDITIONS OF USE
The Sales Operator reserves the right to adapt and modify the General Conditions of Use at any time, which shall be accepted at the time of sending requests for estimates or validation of Purchase Orders and Telephone Bidding requests. If the User refuses these modifications, he/she undertakes to stop using the Site and not to use its Services.
11. APPLICABLE LAW AND JURISDICTION
The General Conditions of Use are governed by French law. In the event of a dispute between a User and the Sales Operator, the User may contact the Sales Operator's customer service department either at the postal address indicated in Article 2 or at the following email address: firstname.lastname@example.org
If the complaint made to the above-mentioned service fails, when the User is a consumer User as defined in the preliminary article of the Consumer Code, he/she may submit the dispute between him/her and the Sales Operator to a mediator by filing a complaint on the following website: https://ec.europa.eu/consumers/odr/.
Recourse to the mediator is free of charge.
Once the dispute has been referred to the mediator, the mediator will gather the information necessary to investigate the case and will issue an opinion within three months.
This opinion is not binding on the Sales Operator, nor on the User, who retains the right to take the case to court. For more information on the mediation procedure: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR.If mediation fails and for any dispute between a consumer User and the Sales Operator, the dispute may be brought before the court of the place where the consumer User resided at the time of the conclusion of the contract or before the court of the place where the harmful event occurred.
13. LEGAL NOTICE
The Site is published by the company
Damien Voglaire Sales with a capital of .... euros,
located at Chaussée de Charleroi 162/8
1060 Brussels - Belgium
VAT BE 0659 874 568
The person in charge of the publication is Mr. Damien Voglaire
The Site is hosted in the Europe-Ireland zone by Google Cloud Platform, Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland.
Users can contact the Sales Operator at the following address