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Terms and conditions
TERMS AND CONDITIONS OF USE www.penelopesauction.com EFFECTIVE 09/09/2024
1. DEFINITIONS
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 descriptions, including the compulsory advertising information described in Article R.321-33 of the French Commercial Code.
General Conditions of Use: The present general conditions of use of the Site and its Services.
Conditions of Sale : Particular 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 via 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 covets is being auctioned, so that he/she can bid by telephone as if he/she were in the auction room.
Hôtel des Ventes Drouot-Richelieu : Rooms made available to the Sales Operator by Drouot Patrimoine for the organization of auction sales. These rooms are located at 9 rue Drouot-75009 Paris.
Purchase order: A User who is unable to attend an auction in the auction room may send the Sales Operator a purchase order setting the maximum purchase price for a lot. This constitutes a firm commitment to buy on the part of the User.
Sales Operator : SAS PB AUCTION under the trade name PENELOPE’S, headquartered at 40 rue blanche- 75009 paris – registered with the RCS under number Paris B 987 735 875 and approved by the CVV under reference N°278-2024 .
SAS PB AUCTION is a voluntary sales operator organizing auctions at 40 rue blanche 75009 Paris or online on the DrouotDigital Platform.
Purchase Order Basket: the User’s section in which he/she stores Purchase Orders placed on the Site, pending their final validation.
DrouotDigital Platform: Platform enabling remote electronic participation in Live Sales and Online Sales via the www.drouotonline.com website. Services: All the services offered by the Sales Operator on the Site and described in article 3 of the General Terms and Conditions of Use.
Site: Website accessible at http://www.penelopesauction.com to which the General Conditions of Use apply.
User: Any person who uses the Site and its Services.
Live Sales: Auctions taking place in auction rooms such as Hôtel des Ventes Drouot-Richelieu / Hôtel des Ventes Drouot-Montmartre, broadcast live via the MoniteurLive and DrouotDigital platforms.
Online auctions : Auctions held exclusively online, accessible via the DrouotDigital platform.
2. PURPOSE OF THE GENERAL CONDITIONS OF USE
The Site published by the Sales Operator enables Users to submit Appraisal requests online, access Sales Catalogues and participate remotely in Live or Online Sales.
The General Terms of Use constitute the contract between the Sales Operator and the User concerning the use of the Site and its Services.
In the event of non-acceptance of the General Conditions of Use, the User must renounce access to the Site and use of the Services.
Each User must read and accept, without reservation, the General Terms and Conditions of Use, by means of a checkbox validation mechanism, when submitting an Appraisal request online or validating a Purchase Order or a Telephone Auction request.
The General Terms of Use are in force as of 09/09/2024 and are applicable to all use of the Site.
3. SERVICES
3.1. APPRAISAL REQUEST
Users wishing to have an item appraised or to sell an item by auction may submit a request for a free Appraisal to the Sales Operator.
3.1.1. Online Appraisal
The User can request an Appraisal online directly on the Site, on the relevant page, by completing the form. He/she is invited to fill in his/her contact details and to provide photographs of the object, its dimensions and any comments that might give an indication of its value. The Sales Operator’s team undertakes to contact the User again to give him an Appraisal of his item and propose that it be put up for auction.
3.1.2. Appraisal on the Sales Operator’s premises
The User may visit the Sales Operator’s offices, whose address and opening hours appear on the Site. The Sales Operator’s team undertakes to provide the User with a non-binding verbal Appraisal free of charge. If necessary, the Sales Operator’s team will invite the User to submit his or her item for further appraisal.
3.1.3. Home inventory
The User may contact the Sales Operator using the contact details indicated on the Site, so that an inventory of several items held by the User can be carried out by appointment at the User’s home. This inventory will be invoiced. Appraisals made by the Sales Operator in support of items transmitted by the User are provided for information purposes only, as the auction price results from the free play of bids.
3.2. PLACING A PURCHASE ORDER & REQUESTING A TELEPHONE AUCTION
Users can consult sales catalogs online via the Site. A User may participate :
– to the 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 Buy Order or a Telephone Bid request, on the Site or by accessing the DrouotDigital Platform to which a redirection is also proposed on the Site; These requests will be executed during the sale;
– Online Sales by being redirected to the DrouotDigital Platform
When the User is redirected to the DrouotDigital Platform, the User is subject to that platform’s own general terms and conditions of use and sale.
The User is required to provide information relating to his/her identity and bank details, using a form, when placing a Purchase Order or a Telephone Bid request on the Site and to provide any supporting documents that may be requested by the Sales Operator. The User is not required to have an account on the Site or on the Drouot Digital Platform in order to submit a Purchase Order or a Telephone Bidding request on the Site.
The User’s Purchase Order or Telephone Auction request is then stored in the User’s Purchase Order Basket, pending 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 Telephone Bid request is sent to the Sales Operator with the maximum bid amount for a Purchase Order, the User’s identity, 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 :
– identity or creditworthiness could not be verified ;
– the lot to which the Purchase Order or Telephone Auction request relates has been modified and the Sales Operator has been unable 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 Telephone Bid by email. In the event of several Users submitting 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 may modify or delete his/her Purchase Order or Telephone Bidding request by accessing the relevant Catalog lot, provided that the modification or deletion occurs before the User has validated his/her Purchase Order Basket. After validation of the Purchase Order Basket or the Telephone Auction request, it is the User’s responsibility to contact the Sales Operator in order to modify or delete his/her request.
The Sales Operator executes Purchase Orders and/or Telephone Auction requests of equal amount in the chronological order of their arrival.
The successful bidder will be the highest and last bidder.
When a lot is awarded to a User, the Sales Operator confirms to the User by email as soon as possible that the lot has been awarded.
3.3. ONLINE PAYMENT AND ADVANCE DEPOSIT
An online payment form enables the User to pay for his auctions remotely by simply indicating the number of the slip to be paid for, its amount, as well as his name and email address.
Similarly, a form is available for making online advance deposits for future sales made by the Sales Operator.
Payment transactions are carried out by the Sales Operator via its payment service provider: Stripe, PCI-DSS certified.
4. VERIFICATION OF BANK DETAILS
4.1. ONLINE PAYMENT AND ADVANCE DEPOSIT
On the Site, the Sales Operator collects the bank details of the User paying for an auction or making an advance deposit for a future auction.
To reinforce the User’s control procedures, the Sales Operator uses the 3D Secure standard: the User’s bank asks him/her to authenticate him/herself using its own identity verification mechanism (such as sending a one-time code by SMS to the User’s cell phone, to be entered on an Internet form provided by the card-issuing bank).
Bank details are stored securely for the duration of the transaction by the Sales Operator’s payment service provider, Stripe, which is PCI-DSS certified. PCI-DSS is an international security standard designed to ensure the confidentiality and integrity of cardholder data, and thus secure the protection of card and transaction data.
The technical methods used to check credit cards are secure, and the confidentiality of banking data is guaranteed in compliance with the legal, regulatory and professional provisions in force.
The User may also pay the amount of his bid under the conditions described in the Conditions 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 submitting a Purchase Order or a Telephone Bid request, the User is invited to enter his/her bank details. These details are transmitted directly to the Sales Operator, who only retains them for the duration of the auction, in accordance with the conditions set out in the confidentiality policy accessible by clicking here.
5. OBLIGATIONS OF THE USER
The User must ensure that he/she has the technical tools required to use the Services and, as a minimum, the following technical recommendations to optimize access to the Services: latest version of browsers available on the market, high-speed Internet connection.
It is responsible, at its own 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 Services.
The User undertakes to use the Site in compliance with the General Terms of Use and applicable law, and to behave fairly towards the Sales Operator.
The User undertakes to provide accurate personal information in the forms sent to the Sales Operator.
The Sales Operator can in no way be held responsible in the event of incidents linked to incorrect information provided by the Sales Operator.
The User guarantees that no element transmitted by him/her infringes the rights of third parties, nor is contrary to the law and regulations in force.
Failing this, the Sales Operator reserves the right to take any appropriate action, including removing the prohibited content, suspending or refusing the bids of the User concerned 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 Sales Operator processes and collects Users’ personal data in its capacity as data controller for the purposes of providing Services to Users and operating the Site, in particular through the use of cookies.
The methods and details of the purposes for which this Data is processed are available in the Site’s privacy policy, which can be consulted at the following URL address:http://www.penelopesauction.com/politique-confidentialite
7. INTELLECTUAL PROPERTY
Trademarks, logos, signs and all other Site Content are protected by the French Intellectual Property Code and, more specifically, by copyright.
The Sales Operator is the sole owner of all rights pertaining to the Content on the Site and, in particular, all copyrights on the Content it places online on the Site.
The User agrees not to 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, failing which legal action for infringement will be taken against the User.
The User undertakes to use the Site Content in a strictly private context. Use of the Contents for commercial purposes is strictly forbidden. Hyperlinks to the Site using the “framing” or “deep linking” technique are strictly prohibited, unless prior written authorization has been obtained from the Sales Operator.
8. RESPONSIBILITY OF THE SALES OPERATOR
The Sales Operator endeavors, as far as possible and as part of its obligation of means relative to the operation of the Site, to maintain it accessible 7 days a week and 24 hours a day. Nevertheless, access to the Site may be temporarily or permanently modified, suspended or interrupted due to technical maintenance, migration or updating operations, breakdowns or constraints linked to the operation of the Internet, without these operations giving rise to any right to compensation.
The Sales Operator undertakes to limit this type of interruption to the best of its ability.
The Sales Operator, its directors, employees or agents shall not be held liable 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 different characteristics and capacities and are likely to be saturated at certain times of the day, which may affect download times 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 Sales Operator’s control.
9. HYPERTEXT LINKS
Numerous outgoing hypertext links are present on the Site, however the web pages to which these links lead in no way engage the responsibility of the Sales Operator, who has no control over these links.
The User therefore agrees not to hold the Sales Operator liable for the Content and resources related to these outgoing hypertext links.
10. MODIFICATION OF TERMS AND CONDITIONS OF USE
The Sales Operator reserves the right to adapt and modify the General Terms and Conditions of Use at any time, which will be accepted at the time of sending Appraisal requests or validating Purchase Orders and Telephone Bidding requests. If the User refuses these modifications, he/she undertakes to cease 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 email address : contact@penelopesauction.com
If the complaint made to the above-mentioned service fails, when the User is a consumer User within the meaning of the introductory article of the French 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/.
The mediator’s services are free of charge.
Once the dispute has been referred to the mediator, he or she gathers the information needed to investigate the case and issues an opinion within three months.
This notice is not binding on either the Sales Operator or the User, who retains the right to take the matter to court. For further information on the mediation procedure: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR.
If mediation fails, and in the event of any dispute between a consumer User and the Sales Operator, the dispute may be brought either before the courts of the place where the consumer User resided at the time the contract was concluded, or before the courts of the place where the harmful event occurred.
In the event of a dispute between a professional User within the meaning of the preliminary article of the French Consumer Code and the Sales Operator concerning the validity, interpretation or execution of the General Terms and Conditions of Use, the Paris Commercial Court shall have sole jurisdiction.
12. INTEGRALITY
If one or more of the stipulations of the General Terms and Conditions of Use is held to be invalid, null and void or declared as such in application of a legal or regulatory text or following a final court decision, the other stipulations shall retain all their force and scope.
The fact that the Sales Operator does not avail itself of a breach of any of the obligations referred to in the General Terms and Conditions of Use shall not be interpreted for the future as a waiver of the obligation in question.
13. LEGAL NOTICE
The Site is published by PB AUCTION SAS with a capital of 100 euros,
located at 40 rue blanche 75009 paris
registered with the RCS under SIREN number 987 735 875
The publication manager is Mrs Penelope Blanckaert
The Site is hosted in the Europe-Ireland zone of the 02switch service.
Users may contact the Sales Operator at the following address:
PB AUCTION SAS
Penelope’s
40 rue Blanche 75009 paris
Tel: 01 59 38 30 10