Terms and conditions of sale
1 – GENERAL CONDITIONS
The general conditions of sale mentioned herewith apply in their totality, without any limitations or qualifications, to all sales of services concluded by the company Auction Attraction; SARL with a capital of 10 000 €, whose registered office is located at 139, rue Lamarck 75018 Paris. The company is registered with the commerce and companies of Paris (Commerce et des Sociétés de Paris) under the registration number 752 436 386 000 11 to customers (here after: customer). These conditions constitute the essential and decisive and prevail over any terms and conditions and / or other documents issued by the customer, regardless of the terms. Also, all orders placed at Auction Attraction implies unconditional acceptance of these terms.
These general conditions are subject to change. Each stipulation applies to the fullest extent permitted by law and the invalidity in part of a clause would not affect the remainder of the clause and all other conditions. The fact that Auction Attraction does not exercise at any time a prerogative shall not constitute waiver of the aforementioned prerogative.
2 – CUSTOMERS
The provision of services; online, correspondence or at home services, are reserved to all interested persons.
3 – ACCESS TO THE WEBSITE
The customer is personally responsible for the setting up of a computer and any required tools of telecommunications and internet that allows him/her the access to the website with use of the following web address auction-attraction.com. The customer has to bear the cost of telecommunications and the Internet access for the use of above said website.
4 – CHARACTERISTICS OF SERVICES AND AVAILABILITY
All services offered presented on the website auction-attraction.com are valid within the availability of teams, schedules, and the further availability of places that can be visited. According to the pursued Article L 111-1 of the Consumer Code, the customer may, prior to his order, take note on the website auction-attraction.com or by phone at 06.37.63.47.58 or 06.83.48.66. 15 of the essential characteristics and availability of the services they want.
5 – ORDER AND RESERVATION
For guided tours including auction houses, reservations are open earlier than 2 months prior to the date of the service offered and are available until the day before the proposed tour upon subject to availability. The half day or the full day exclusive guided tour is reserved upon the customer’s request after the confirmation of availability of the same comes from Auction Attraction.
You can directly order online services on the website auction-attraction.com using the form provided. The order is then materialized by the full realization of process control provided on the website auction-attraction.com for each service and specifically so after clicking “confirm order”.
Auction Attraction recommends the customer to retain this information on paper or on computer. Any “double click” from the customer validating the order constitutes an electronic signature that has, between the parties, the same value as a handwritten signature. In case of a dispute about the reality or the terms of transaction, the computer records provided by the server are a proof of the transaction in question between the parties.
Subject otherwise to the right of withdrawal by the customer, all orders will be considered passed after sending Auction Attraction, a confirmation e-mail with the form of payment and after payment of the price.
The profits made from the order are personal to the customer and cannot be transferred without the consent of Attraction Auction. Attraction Auction reserves the right to refuse or suspend any order of a customer with whom there is a dispute over payment of a previous order or during administration.
6 – RIGHT OF WITHDRAWAL
6.1. Conditions for exercising the right of withdrawal
According to article L.121-20 of the Consumer Code, the customer has a right of withdrawal within seven (7) days of order confirmation of services and objects of the contract. Under which he/she may request or exchange with another service or modification of the order or refund the order.
The Customer exercises his right of withdrawal by registered letter with advice of receipt, stating the Order number and the departments concerned, addressed to: Auction Attraction, 139 rue Lamarck 75018 Paris.
The Customer shall in no case exercise the right of withdrawal by other means of communication.
IMPORTANT : When the customer confirms his demand in less than 7 days before the starting date of commencement of the service chosen by him/her, then Auction Attraction automatically gains the customer’s right of withdrawal. By validating his order under these conditions, the customer forgoes his/her right of withdrawal.
Attraction Auction will refund any customer who has exercised his right of withdrawal within thirty (30) days from the date of exercise of the right of withdrawal.
7 – CHOICE OF SERVICES
The customer after having learnt and considered the characteristics of different services, selects under his/her sole responsibility the service that he/she has chosen.
8 – PRICE AND PAYMENT
The prices of services are those listed on the website auction-attraction.com when placing the order. All prices are expressed in Euros and are inclusive of tax (a tax on the value added tax (VAT) of 19.6% applicable to any customer residing in the European Union, EU).
The selling price of the products may be changed by Auction Attraction at any time.
Benefit payments are made exclusively and online via secure mode Visa, Mastercard, American Express, Paypal …. For each order, a request for secure payment (Visa, Mastercard, American Express, PayPal) online will be sent with the email order confirmation by Auction Attraction.
Auction Attraction reserves the right to modify its prices at any time but the visits will be billed based on rates reigning at the time of placement of order.
9 – DELAY OR FAILURE TO PAY
In case of late or non-payment of partial or total amount to maturity due, Auction Attraction may suspend all services until full payment and / or require any payment due in respect of another order completed or not and / or proceed with the termination of the contract of sale and any refusal to control current and / or require any delay penalty equal to three times the legal interest rate, all without prejudice to the full payment of any claim for damages;
The cost of collection of any unpaid invoice will be charged to the defaulting customer, along with the fees of public officials and court officials.
In any event, Auction Attraction shall be entitled to retain the deposits and other sums paid as damages first, then penalty, even in the absence of service delivery provided that such amount shall not be less than 25% of the price of services.
10 – RESPONSIBILITY
A particular emphasis is given to the personal and subjective relationship one has with art. For all consulting services undertaken by Auction Attraction, the customer acknowledges his own responsibility, in decisions concerning a seller or a buyer in matters relating to the purchase or sale of works.
In no event shall Auction Attraction be held liable for any consequences that may arise for both customer and for third parties, in such a case.
Apart from occasional private expertise all advice given to customer is on the sole basis of evaluations performed by galleries, antique houses, auctioneers or other professionals of the art market and owners of the works themselves.
11 – FORCE MAJEURE
All obligations of Auction Attraction that cannot be met due to events or circumstances beyond its control where reasons for the same need not be asked to provide.
It will also be considered so in all circumstances, even if they are not in the above definition, Such as cases of commotion, acts of terrorism, breakdown of machinery, fire, storm, flood, strike, shortage of raw materials, the provisions of law or regulations, transport blockage, interruption in the supply of telecommunication networks and computer networks (including switched networks of telecom operators), public network failures, distribution of electricity, loss of Internet connectivity etc which may prevent or interfere thereof with the work execution.
12 – DATA PROTECTION LAW
All information communicated by the customer is subject to an automated data processing system that has been declared by Auction Attraction to CNIL under the Data Protection Act of 6 January 1978, amended in 2004. (Declaration of Conformity to the standard NS48, No. 1614121V0) According to this law, it is noted here on the website and auction-attraction.com that each customer has a right of access, opposition, rectification, modify and delete any personal data relating to him.
The customer may at any time exercise this right by contacting Auction Attraction by sending an email to the following address: firstname.lastname@example.org or by registered letter with acknowledgment of receipt to the following address: Auction Attraction 139 rue Lamarck 75018 Paris.
The data elements collected by Auction Attraction are never voluntarily communicated to any third party. The personal data are kept long as the account is active is fully removed from servers of Auction Attraction by deleting the user account, with the exception of IP addresses.
For as long as the account is active, any personal data that is stored serves to displaying the customer IDs. The data controller is Auction Attraction, residing at the following address: 139 rue Lamarck 75018 Paris.
The data may be disclosed at the request of judicial authority.
13 –INTELLECTUAL PROPERTY
All or any content published on this website is the exclusive property of Auction Attraction or belongs to the author. Any total or partial reproduction of this material is prohibited and constitutes an offense.
14 – CONVENTION OF PROOF
It is agreed therefore by both parties that the evidence of their contractual obligations will be reported as follows: It is agreed that clicking on the button “I accept the conditions” manifest the consent of the customer and leads to acceptance of these terms.
15 – APPLICABLE LAW AND DISPUTES
These terms and conditions that govern this contract are subject to French law only. In case of dispute, there shall be a sole jurisdiction, that of the courts of Paris (France), even in the case of summary judgments, collateral, incidental claims or multiple applicants.
Only the French version of these Terms and Conditions will stand worthy between parties in the event of litigation.