Terms and conditions of use

1. Definition

The purpose of this clause is to define the key terms of the contract:

Catalogue: a document listing the lots offered in an auction organized by the Auction Operator, including their photographs and descriptions, which contain the mandatory advertising information as stipulated in Article R.321-33 of the French Commercial Code.
General Terms of Use: these general terms of use of the Website and its Services.
Conditions of Sale: specific terms and conditions applicable to each auction, established by the Auction Operator and published in the lot listings, on the Website, and in the Catalogues.
Content: statements, texts, articles, photographs, videos, hyperlinks, files, documents, or any other element made accessible to the public via the Website.
Telephone Bid: a User who cannot attend an in-room auction may request the Auction Operator to be called when the lot they are interested in comes up for bidding, so they may place bids over the phone as if they were physically present in the room.
Absentee Bid: a User who cannot attend an in-room auction may submit an absentee bid to the Auction Operator, setting a maximum purchase price for a lot. This constitutes a binding commitment by the User to purchase the lot.
Auction Operator: the company AGUTTES, whose registered office is located at 164 bis avenue Charles de Gaulle – 92200 Neuilly-sur-Seine – registered with the Paris Trade and Companies Register under number 442 812 301 and authorized by the CVV under reference 2002-209.
Website: the website accessible at https://www.aguttes.com to which the General Terms of Use apply.
User: any person who uses the Website and its Services.
Live Auctions: auctions held in the salesrooms and broadcast live through platforms such as DrouotDigital, Interenchères, Invaluable, etc.
Online Auctions: auctions conducted exclusively online, accessible via aguttes.com

2. Purpose of the General Terms of Use

The Website published by the Auction Operator allows Users to submit online valuation requests, access auction Catalogues, and participate remotely in Live or Online Auctions.
The General Terms of Use constitute the agreement between the Auction Operator and the User regarding the use of the Website and its Services.
If the User does not accept the General Terms of Use, they must refrain from accessing the Website and using the Services.
Each User must read and unreservedly accept the General Terms of Use by means of a checkbox validation mechanism when submitting an online valuation request, confirming an Absentee Bid, or placing a request for a Telephone Bid.
The General Terms of Use have been in effect since 01/01/2019 and apply to all use of the Website.

3. Services

3.1. VALUATION REQUEST

3.1.1. Online Valuation

A User who wishes to have an item appraised or to sell an item at auction may submit a free valuation request to the Auction Operator.
The User can submit an online valuation request directly on the Website by completing the dedicated form. They are invited to provide their contact details along with photographs of the item, its dimensions, and any comments that might help assess its value. The Auction Operator’s team undertakes to contact the User with an estimated value and may propose the item for auction.

3.1.2. Valuation at the Auction Operator's Premises

The User may visit the Auction Operator’s premises, the address and opening hours of which are listed on the Website. The Auction Operator’s team undertakes to provide a free, non-binding verbal valuation. If necessary, the team may invite the User to leave the item for further in-depth appraisal.

3.1.3. At-Home Inventory

The User may contact the Auction Operator using the contact details provided on the Website to arrange an appointment for an inventory of several items at their home. This inventory service is subject to a fee. Valuations made by the Auction Operator based on the information provided by the User are given for guidance only, as the final hammer price is determined freely through bidding.

3.2. PLACING AN ABSENTEE BID & REQUESTING A TELEPHONE BID

Users can view auction Catalogues online via the Website. A User may participate:

• in Live Auctions by either bidding in real time through redirection to platforms broadcasting the auction (DrouotDigital, Interenchères, etc.), or by submitting an Absentee Bid or Telephone Bid request no later than three (3) hours before the auction, via the Website by creating or logging into an account on aguttes.com. These requests will be carried out during the auction;

• in Online Auctions conducted exclusively on aguttes.com.

When the User is redirected to the DrouotDigital platform, they are subject to that platform’s own terms and conditions of use and sale.

The User is required to provide their identity and banking information using the form available in the "My Account" area when submitting an Absentee Bid or Telephone Bid request on the Website, and to supply any supporting documents requested by the Auction Operator. A User must have an account on aguttes.com to place an Absentee Bid or Telephone Bid request. They must also have an account on the relevant partner platforms to participate in Live Auctions.

The Absentee Bid or Telephone Bid request is then saved in the User’s "My Bids" area, pending final validation by the Auction Operator. Users may submit Absentee Bids or Telephone Bid requests for several auctions via their personal space under "My Account".

The Absentee Bid or Telephone Bid request is submitted to the Auction Operator with the maximum bid amount (for Absentee Bids), the User’s identity, a description of the relevant lot, and the User’s banking details.

The Auction Operator may refuse to execute the Absentee Bid or Telephone Bid request if:

• identity or credit verification could not be completed;

• the lot concerned has been modified and the Auction Operator was unable to contact the User;

• the number of requested Telephone Bids exceeds the Auction Operator’s call capacity.

The User is informed by email of the status of their Absentee Bid or Telephone Bid request. If multiple Users submit Absentee Bids of the same amount, priority is given to the bid that was submitted first, if that User is the successful bidder.

The User may modify or cancel their Absentee Bid or Telephone Bid request by accessing the relevant lot in the Catalogue, provided the change occurs before the User has confirmed their "Bid Cart". Once the Bid Cart or Telephone Bid request is confirmed, the User must contact the Auction Operator directly to request a modification or cancellation.

The Auction Operator executes Absentee Bids and Telephone Bid requests of equal value in the chronological order in which they were received.

The winning bidder will be the highest and final bidder.

When a lot is awarded to a User, the Auction Operator will confirm by email as soon as possible that they are the successful bidder.

3.3. ONLINE PAYMENT AND ADVANCE DEPOSIT

An online payment form is available to allow Users to settle their purchases remotely by simply entering the invoice number, the amount due, their name, and email address.

Likewise, a form is available to make advance deposits online for future auctions conducted by the Auction Operator.
All payment transactions are processed by the Auction Operator through its certified PCI-DSS payment provider: Stripe.

4. Verification of Banking Information

4.1. ONLINE PAYMENT AND ADVANCE DEPOSIT

On the Website, the banking details of any User settling a purchase or making an advance deposit for a future auction are collected by the Auction Operator.

To enhance the verification process of the User’s identity, the Auction Operator uses the 3D Secure protocol: the User’s bank requests authentication through a personal identity verification mechanism (such as a one-time code sent by SMS to the User’s mobile phone, which must be entered on the issuing bank’s online form).

Banking data is securely stored for the duration of the transaction by the Auction Operator’s payment provider, Stripe, which is PCI-DSS certified. This certification is an international security standard aimed at ensuring the confidentiality and integrity of cardholder data and securing payment and transaction data protection.

The technical procedures for verifying bank cards are secure, and the confidentiality of banking data is maintained in accordance with applicable legal, regulatory, and professional standards.

The User may also settle their purchase in accordance with the procedures described in the Conditions of Sale and on the Website. However, this banking information is only retained for the duration of the transaction.

4.2. PLACING AN ABSENTEE BID & REQUESTING A TELEPHONE BID

When submitting an Absentee Bid or a Telephone Bid request, the User is invited to create an account and enter their banking details. These details are transmitted directly to the Auction Operator and are stored only under the terms outlined in the privacy policy available on aguttes.com.

5. User Obligations

The User must ensure they have the appropriate technical tools to use the Services, including at a minimum the following technical recommendations to optimize access: the latest version of commonly used web browsers and a high-speed Internet connection.

The User is solely responsible, at their own expense, for acquiring, installing, maintaining, and connecting the various components and telecommunication means necessary to access the Website and the Services.

The User agrees to use the Website in compliance with the General Terms of Use and applicable law, and to behave in a fair and honest manner toward the Auction Operator.

The User undertakes to provide accurate personal information in the forms submitted to the Auction Operator.

The Auction Operator cannot be held liable for any incidents arising from incorrect information provided by the User.

The User warrants that none of the content they transmit infringes on the rights of third parties or violates applicable laws or regulations.

In the event of a breach, the Auction Operator reserves the right to take any appropriate action, including removing prohibited content, suspending or rejecting the User’s bids, or initiating legal proceedings.

6. Personal Data

The Auction Operator undertakes to comply with the applicable regulations regarding the processing of personal data, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council, applicable as of May 25, 2018 (hereinafter referred to as the "GDPR"), and French Law No. 78-17 of January 6, 1978, as amended, known as the "Data Protection Act" (Loi Informatique et Libertés).

The Auction Operator may process and, in particular, collect Users’ personal data as data controller for the purposes of providing the Services to Users and operating the Website, notably through the use of cookies.

The methods and specific purposes of the processing of such Data are detailed in the privacy policy available on aguttes.com.

7. Intellectual Property

The trademarks, logos, signs, and all other Content on the Website are protected under the French Intellectual Property Code, particularly by copyright laws.

The Auction Operator is the sole holder of all rights relating to the Content of the Website, including all copyright on the Content it publishes online.

The User is prohibited from reproducing, displaying, extracting, or using, in any manner whatsoever, all or part of the Website or its Content—including the Catalogues—without obtaining prior written authorization from the Auction Operator. Failure to comply may result in legal action for infringement.

The User agrees to use the Website Content strictly for private purposes. Any commercial use of the Content is strictly prohibited. Adding a hyperlink to the Website using techniques such as "framing" or "deep linking" is strictly forbidden without the prior written consent of the Auction Operator.

8. Liability of the Auction Operator

The Auction Operator makes every reasonable effort, within the scope of its obligation of means concerning the operation of the Website, to keep it accessible 24 hours a day, 7 days a week. However, access to the Website may be altered, suspended, or temporarily or permanently interrupted due to technical maintenance, migration, updates, failures, or limitations inherent to the functioning of the Internet, without giving rise to any right to compensation.

The Auction Operator undertakes to minimize such interruptions to the best of its ability.

The Auction Operator, its directors, employees, or agents shall not be held liable for any indirect damages, business losses, loss of profit, or damage to reputation resulting from the use of the Services.

The networks through which the Content is transmitted have varying characteristics and capacities and may become saturated at certain times of day, which may affect download times and accessibility.

The Auction Operator cannot be held liable for any malfunction or inability to access the Services caused by the User’s Internet service provider, network congestion, unsuitable equipment, maintenance or updates to the Services, or any other circumstances beyond the Auction Operator’s control.

9. Hyperlinks

The Website contains many outbound hyperlinks; however, the web pages to which these links lead are in no way the responsibility of the Auction Operator, who has no control over them.

The User therefore agrees not to hold the Auction Operator liable for the Content or resources related to these outbound hyperlinks.

10. Modification of the General Terms of Use

The Auction Operator reserves the right to adapt and modify the General Terms of Use at any time. The updated terms shall be deemed accepted at the time a valuation request is submitted or when an Absentee Bid or Telephone Bid request is confirmed.
If the User does not accept these modifications, they agree to stop using the Website and to refrain from using its Services.

11. Governing Law and Jurisdiction

These General Terms of Use are governed by French law. In the event of a dispute between a User and the Auction Operator, the User may contact the Auction Operator’s customer service either by post at the address indicated in Article 2, or by email at: communication@aguttes.com.

The User may also submit a complaint to the Government Commissioner at the French Auction Market Authority (Conseil des Ventes) by filling out the complaint form at:
https://www.conseildesventes.fr/fr/reclamation
or by post to the following address:
Commissaire du Gouvernement auprès du Conseil des ventes volontaires, 19 avenue de l’Opéra, 75001 Paris, France.

Alternatively, a complaint can be submitted through the European online dispute resolution platform at:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR

Mediation is free of charge.

Once the mediator has been contacted, they will gather the necessary information to review the case and will issue an opinion within three months.

This opinion is not binding on either the Auction Operator or the User, both of whom retain the right to bring the matter before a court. For more information on the mediation process:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR

If mediation fails and a dispute arises between a consumer User and the Auction Operator, the dispute may be brought either before the court in the jurisdiction where the User resided at the time the contract was concluded or the court where the harmful event occurred.

In the event of a dispute between a professional User, as defined by the preliminary article of the French Consumer Code, and the Auction Operator concerning the validity, interpretation, or execution of these General Terms of Use, exclusive jurisdiction is granted to the Commercial Court of Nanterre.

12. Entire Agreement

If one or more provisions of the General Terms of Use are found to be invalid, void, or declared as such pursuant to a legal or regulatory provision or a final court decision, the remaining provisions shall remain fully effective and enforceable.

The fact that the Auction Operator does not invoke a breach of any of the obligations set out in the General Terms of Use shall not be interpreted as a waiver of the obligation in question for the future.

13. Legal Notice

The Website is published by AGUTTES, a simplified joint-stock company (société par actions simplifiée) with a share capital of €37,000, registered with the Nanterre Trade and Companies Register under number 442 812 301, with its registered office located at 164 bis Avenue Charles de Gaulle – 92200 Neuilly-sur-Seine, France. Its intra-community VAT number is FR90442812301.

The Publication Director is Claude Aguttes, President.

The Website is hosted in the Europe-Ireland region by Google Cloud Platform, operated by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland.

Users may contact the Auction Operator at the following address:

AGUTTES NEUILLY
164 bis avenue Charles de Gaulle
92200 Neuilly-sur-Seine, France
Tel: +33 (0)1 47 45 55 55
Email: communication@aguttes.com