Terms & Conditions
1. PRESENTATION
The website Artcurial.com is the property of the company Artcurial
Artcurial
Hôtel Marcel Dassault
7 Rond-Point des Champs Élysées
75008 PARIS
A company registered under the laws of France at the Paris Trade and Companies Register under number B440 088 235
2. HOSTING
The Artcurial.com website is hosted on the servers of the Internet Service provider Google Cloud Platform.
3. DECLARATION
In accordance with the law of August 6, 2004, relating to privacy and data processing, the Artcurial.com website has been declared to the CNIL.
4. CONFIDENTIALITY AND RESPECT OF PERSONAL DATA
In accordance with articles 39 and 40 of the amended law no. 78-17 of August 6, 2004 relating to privacy and data processing, you have the right to access, modify and delete any personal data concerning you.
You may exercise this right by contacting the publishers of Artcurial.com at the following address or by e-mail to contact@artcurial.com.
By virtue of law no. 2000-719 of 1 August 2000, any details the user provides may be released by court order.
5. FORM
The data collected from web users by means of the registration form on the Artcurial.com website complies with the provisions of law no. 78-17 of August 6, 2004 relating to privacy and data processing.
GENERAL TERMS OF USE
Artcurial is a company dealing in voluntary furniture sales by public auctions, registered at the Paris Trade and Companies Register under the number B 440 088 235, whose head office is Hôtel Marcel Dassault, 7 Rond-Point des Champs Élysées, 75008 Paris.
Artcurial acts as the agent for sellers and as an intermediary between sellers and buyers.
In this capacity, Artcurial is subject to the provisions of the law of 10 July 2000.
Artcurial.com is a website that is used to present the activities of the Artcurial auction house, specifically by offering a service to view and buy lots in the various auction sales it organizes.
1. ACCEPTANCE OF GENERAL CONDITIONS
The user declares that he has been apprised of the General Conditions of Use applying on the date of its visit on the Artcurial.com website, which he accepts.
Artcurial reserves the right to modify these General Conditions of Use, in full or in part, at any time. Consequently, it is the user’s responsibility to regularly check for changes in the said General Conditions of Use, which are permanently available for consultation on the website at Artcurial.com.
Any access to the website and/or use of the services available at Artcurial.com after modification of the General Conditions of Use shall be deemed instant acceptance of the new General Conditions by the user.
2. REGISTRATION AND ACCESS TO RESERVED SERVICES
- Registration
Some of the services on the Artcurial.com website are reserved for registered users, particularly buying lots online under the Auction Sale section (see Standard Sales Terms).
To become a registered user of the Artcurial.com website, the user must fill in all the mandatory fields on the registration form. The user must declare that he is over 18 years old and legally entitled to enter into this contract.
The user agrees to provide accurate, complete and up-to-date data, particularly their personal details, and to make the necessary corrections to that end where necessary.
- Access
Access to the reserved service of the Artcurial.com website is allowed after approval by the website’s webmaster, moderator or administrator. In this respect, Artcurial reserves the right to delete any user profile that fails to respect the provisions of these General Conditions of Use.
Once registered, the user has a user name and password that are strictly personal and confidential.
The user is hereby informed that he shall be liable for any actions taken through his personal user account, whether fraudulent or not, should these identification elements be disclosed to a third party.
3. PRIVACY AND PERSONAL DATA
Artcurial applies the applicable law pertaining to privacy and data processing and is registered at the Commission Nationale de l’Informatique et des Libertés or CNIL.
Artcurial specifically applies the French Informatique et Libertés law no. 78-17 of 6 January 1978, amended by the law 2004-801 of 6 August 2004, incorporating into French law the Directive 95/46/EC of 24 October 1995 on privacy and data processing in the European Union and law no. 2004-575 of 21 June 2004 on "trust in the digital economy" (article L. 33-4-1 amended of the Post and Telecommunications Code and new L. 121-20-5 of the Consumer Code), Directive 2000/31/EC of 8 June 2000 on e-commerce and Directive 2002/58/EC of 12 July 2002 on privacy and data processing in electronic communications.
The user hereby expressly agrees to allow Artcurial to process his personal data.
The use of Artcurial.com online services requires a session cookie used for the duration of the user’s session on the reserved part of the website.
The user has the right to consult and correct his personal data.
The user may exercise this right directly at any time on the Artcurial.com website by correcting, supplementing or deleting personal data.
The user may also exercise this right by sending a letter to Artcurial, Hôtel Marcel Dassault, 7 Rond-Point des Champs Élysées, 75008 Paris, or by e-mail to contact@artcurial.com.
On registration or at any time afterwards, the user may accept or refuse to receive the Artcurial newsletter to which he has subscribed via the Artcurial.com website.
Artcurial guarantees that the personal data supplied on registration cannot be accessed by outside parties, nor forwarded, sold or shared.
Artcurial guarantees that the personal data of other persons collected through the “Send to someone” service will not be recorded in the database of the Artcurial.com website.
4. LIABILITIES
The user expressly acknowledges that web-related constraints make it impossible for Artcurial to guarantee the permanent security and availability of data transmissions on the artcurial.com website.
Artcurial may not be held liable for any dysfunction or denial of access to the Artcurial.com website attributable to the user’s internet service provider, bandwidth saturation, hardware incompatibility or any other circumstance beyond the control of Artcurial.
Similarly, Artcurial may not be held liable for any dysfunction or denial of access to the Artcurial.com website due to a maintenance operation or upgrade of the said website.
In case of disclosure or usurpation of a user’s identity to/by a third party, the user shall be liable for any actions taken by means of his personal user account, whether fraudulent or not.
Should any claim be filed against Artcurial following a user’s infringement of the law or these General Conditions of Use, the latter agrees to insure Artcurial for the legal consequences thereof.
5. INTELLECTUAL PROPERTY – COPYING
The Artcurial.com website is dedicated to presenting activities of the Artcurial auction house.
In this context, various illustrations, reproductions and quotations of original works may be displayed on the Artcurial.com website. These are lawfully featured on the Artcurial.com website under the terms of the short quotation exception provided for in article L122-5 of the Intellectual Property French Code.
Any copying, in full or in part, of the catalogue presented by Artcurial on the Artcurial.com website is strictly forbidden and represents an infringement for which offenders may be prosecuted under the provisions of Book III of the Intellectual Property French Code.
Furthermore, the sale of any work via the Artcurial.com website does not entitle the owner to copy and exhibit the said work.
Artcurial cannot guarantee the complete accuracy of any information supplied on the works presented on the Artcurial.com website.
More specifically, Artcurial accepts to exercise due care when verifying the information supplied on the works comprising the lots presented under the Auction Sale section of the Artcurial.com website.
Barring the reproductions featured on the Artcurial.com website in illustration or quotation of the works listed in the Artcurial catalogues, the overall layout and all the elements such as texts, images (animated or not) comprising the Artcurial.com website are the property of Artcurial.
It is strictly forbidden to copy this website, in full or in part, in any format whatsoever, without the written authorization of Artcurial.
Any representation or copy of this website by any means whatsoever shall be deemed a punishable infringement under articles L.335-2 et seq. of the Intellectual Property French Code.
Moreover, it is strictly forbidden to copy or imitate the Artcurial brand without the written authorization of Artcurial and this shall be deemed an infringement according to the provisions of Book VII of the Intellectual Property Code.
6. CANCELLATION
The user may choose to cancel his registration giving access to the Artcurial.com website at any time, without explanation. The user may cancel his registration directly on the Artcurial.com website, by sending a letter to Artcurial, Hôtel Marcel Dassault, 7 Rond-Point des Champs Élysées, 75008 Paris or by e-mail to contact@artcurial.com.
Artcurial reserves the right to cancel the user’s access, without further notice, in case of serious breach of these General Terms of Use.
The user will receive an e-mail notifying/confirming cancellation of his access.
Cancellation of the user’s registration will entail the destruction of any personal data pertaining to the user, at the latter’s request or upon expiry of the legal deadlines applying.
7. TRANSFER – USE
The user account is strictly for the user’s personal use.
Consequently, the user undertakes not to sell, transfer or license his right to access the reserved services on the Artcurial.com website to another party.
8. APPLICABLE LAW
These General Terms of Use are governed by and must be interpreted under French law.
Any disputes arising in the interpretation or application of these General Terms of Use shall be brought before the Paris Court of Justice.
9. APPLICABLE LANGUAGE
The French version of these General Conditions of Use shall prevail for interpretation purposes.