Terms and Conditions of Use for the Website

1. DEFINITIONS

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

Catalog: A document containing the list of lots offered at an auction organized by the Auction Operator, along with their photographs and descriptions, including the mandatory advertising disclosures described in Article R.321-33 of the Commercial Code.

Terms of Use: These general terms of use for the Site and its Services.

Terms of Sale: Specific terms of sale applicable to each auction, established by the Auction Operator and appearing in the listings for the lots offered, on the Website, and in the Catalogs.

Content: Comments, texts, articles, photos, videos, hyperlinks, files, documents, or any other element made available to the public through the Site.

Telephone Bidding: A User who is unable to attend an auction in person may submit a request to the Auction Operator to be called when the lot they wish to bid on is brought up for auction, so that they may place bids over the phone as if they were present in the auction room.

Drouot-Richelieu Auction House: Auction rooms made available to the Auction Operator by Drouot Patrimoine for the purpose of organizing auctions. These rooms are located at 9 rue Drouot, 75009 Paris.

Purchase Order: A User who is unable to attend an in-person auction may submit a purchase order to the Auction Operator specifying the maximum purchase price for a lot. This constitutes a firm commitment to purchase on the part of the User.

Auction Operator: The company Emmanuel Farrando, whose registered office is located at 7 rue du Faubourg Montmartre, 75009 Paris, registered with the Paris Trade and Companies Register (RCS) under number 751 851 452 and accredited by the CVV under reference number 2002-74.
OVV Emmanuel Farrando is a voluntary sales operator that organizes auctions at the Hôtel des Ventes Drouot-Richelieu or online on the Drouot.com platform.

Buy Order Basket: A section of the User’s account where they store Buy Orders placed on the Site pending final validation.

DrouotDigital Platform: A platform enabling remote electronic participation via the website www.drouot.com in Live Auctions and Online Auctions.

Services: All services offered by the Auction Operator on the Site and described in Article 3 of the General Terms and Conditions of Use.

Website: The website accessible at http://www.svvfarrando.com, to which the General Terms of Use apply.

User: Any person who uses the Site and its Services.

Live Auctions: Auctions held in the auction halls used by Emmanuel Farrando, such as the Hôtel des Ventes Drouot-Richelieu and the Hôtel des Ventes Drouot-Montmartre, broadcast live via the MoniteurLive and Drouot.com platforms.

Online Auctions: Auctions held exclusively online and accessible via the Drouot.com platform.

2. PURPOSE OF THE TERMS OF USE

The Website published by the Auction Operator allows Users to submit online appraisal requests, access auction catalogs, 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 Site and its Services.

If the User does not accept the General Terms of Use, the User must refrain from accessing the Website and using the Services.

Each User must read and accept, without reservation, the Terms and Conditions of Use by checking a box when submitting an online valuation request or confirming a Purchase Order or a request for a Telephone Bid.

The Terms and Conditions of Use are effective as of January 1, 2020, and apply to all use of the Site.

3. SERVICES

3.1. VALUATION REQUEST

A User who wishes to have an item appraised or who wishes to sell an item at auction may submit a request for a free appraisal to the Auction Operator.

3.1.1. Online Appraisal

The User may submit a valuation request online directly on the Site via the designated page by completing the form. The User is asked to provide their contact information, photographs of the item, its dimensions, and any comments that might indicate its value. The Auction House’s team will contact the User to provide an estimate of the item’s value and offer to list it for auction.

3.1.2. Appraisal at the Auction House’s Premises

The User may visit the Auction House’s premises, whose address and hours of operation are listed on the Website. The Sales Operator’s team is committed to providing the User with a free, non-binding verbal estimate. If necessary, the Sales Operator’s team will invite the User to drop off their item for a more in-depth appraisal.

3.1.3. In-Home Inventory

The User may contact the Sales Operator using the contact information provided on the Website to schedule an in-home inventory of multiple items in their possession. This inventory service is subject to a fee. Estimates provided by the Sales Operator, based on information submitted by the User, are for informational purposes only; the final hammer price is determined by the free play of the auction.

3.2. SUBMITTING A PURCHASE ORDER & REQUESTING A TELEPHONE BID

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

- in Live Auctions either by placing bids in real time via a redirect to the Drouot.com Platform, or by submitting, up to three (3) hours before the auction, a Buy Order or a request for a Telephone Bid, either on the Site or by accessing the Drouot.com Platform, to which a redirect is also provided on the Site; these requests will be executed during the auction;
- Online Auctions by being redirected to the Drouot.com Platform

When the User is redirected to the Drouot.com Platform, he or she is subject to that platform’s own terms and conditions of use and sale.

The User is required to provide information regarding their identity and banking details via a form when placing a Buy Order or a Telephone Bidding request on the Site and to provide any supporting documents that may be requested by the Auction Operator. The User is not required to have an account on the Site or on the Drouot Digital Platform to submit a Purchase Order or a request for a Telephone Bid on the Site.

Their Buy Order or request for a Telephone Bid is then stored in their Buy Order Basket pending final confirmation by the User. The User may place Buy Orders or requests for Telephone Bids relating to multiple Auctions organized by the Auction Operator in a single Buy Order Basket.

Once all desired Purchase Orders and Telephone Bid Requests have been added to the Purchase Order Basket and the User’s bank details have been provided, the User confirms them by accepting the Terms of Sale and these General Terms of Use of the Auction Operator and by clicking the confirmation button.

The Purchase Order or Telephone Bidding request is transmitted to the Auction Operator along with the maximum bid amount for a Purchase Order, the User’s identity, a description of the lot in question, and the User’s bank account information.

The Auction Operator may refuse to execute the Purchase Order submitted by the User or to respond to the Telephone Bidding Request when:
- the User’s identity or creditworthiness could not be verified;
- the lot covered by the Buy Order or Telephone Bidding request has been modified, and the Sales Operator was unable to contact the User to inform them;
- the Telephone Bidding request exceeds the Sales Operator’s call capacity.

The User will be notified of the status of their Purchase Order or Telephone Bid via email. If multiple Users submit Buy Orders for the same amount, and the winning bidder for the lot is one of those Users, priority is given to the User who submitted their Buy Order first.

The User may modify or delete their Buy Order or Telephone Bidding request by accessing the relevant lot in the Catalog, provided that the modification or deletion occurs before the User confirms their Buy Order Basket. Once the Purchase Order Basket or Telephone Bid request has been confirmed, it is the User’s responsibility to contact the Sales Operator to modify or delete their request.

The Sales Operator executes Purchase Orders and/or Telephone Bid requests of equal amount in the chronological order in which they are received.

The successful bidder will be the highest bidder and the last bidder.

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

3.3. ONLINE PAYMENT AND ADVANCE DEPOSIT

An online payment form allows the User to pay for their winning bids remotely by simply entering the invoice number, the amount due, and their name and email address.

Similarly, a form is available for making advance deposits online for future auctions conducted by the Auction Operator.
Payment transactions are processed by the Auction Operator through its payment service provider: Ingenico, which is PCI-DSS certified.

4. VERIFICATION OF BANK ACCOUNT INFORMATION

4.1. ONLINE PAYMENT AND ADVANCE DEPOSIT

On the Site, the Sales Operator collects the bank information of Users who are paying for a winning bid or making an advance deposit for a future auction.

To strengthen User verification procedures, the Auction Operator uses the 3D Secure standard: the User’s bank asks them to authenticate themselves through the bank’s own identity verification mechanism (such as sending a one-time code via text message to their mobile phone, which must be entered into an online form provided by the card-issuing bank).

Banking data is securely stored for the duration of the transaction by the Sales Operator’s payment service provider, Ingenico, which is PCI-DSS certified. This standard is an international security standard designed to ensure the confidentiality and integrity of cardholders’ data and thus to safeguard card and transaction data.

The technical procedures for verifying credit cards are secure, and the confidentiality of banking data is ensured in compliance with applicable legal, regulatory, and professional provisions.

The User may also pay the amount of their winning bid under the conditions described in the Terms of Sale and on the Website. However, this information is retained only for the duration of the transaction.

4.2. SUBMITTING A PURCHASE ORDER & REQUESTING A TELEPHONE BID

When placing a Buy Order or a Telephone Bidding Request, the User is asked to provide their banking information. This information is transmitted directly to the Auction Operator, who retains it only for the duration of the auction, in accordance with the terms set forth in the privacy policy available at the following address: http://www.svvfarrando.com/politique-confidentialite

5. USER OBLIGATIONS

The User must ensure that they have the technical tools necessary to use the Services and, at a minimum, meet the following technical recommendations to optimize access to the Services: the latest versions of browsers currently available on the market and a high-speed Internet connection.

The User is responsible, at their sole expense, for acquiring, setting up, maintaining, and connecting the various configuration elements and telecommunications equipment necessary to access the Site and the Services.

The User agrees to use the Site in accordance with the General Terms of Use and applicable law and to act in good faith toward the Sales Operator.

The User agrees to provide accurate personal information in the forms submitted to the Sales Operator.

The Sales Operator shall in no event be held liable for any incidents resulting from inaccurate information provided by the User.

The User warrants that no content they submit infringes on the rights of third parties or violates applicable laws and regulations.

Failing this, the Sales Operator reserves the right to take any appropriate action, including removing prohibited content, suspending or refusing bids from the User in question, or taking any other action, including legal action.

6. PERSONAL DATA

The Sales Operator undertakes to comply with applicable regulations governing the processing of personal data and, in particular, Regulation (EU) 2016/679 of the European Parliament and of the Council, effective as of May 25, 2018 (hereinafter, “the GDPR” ) and Law No. 78-17 of January 6, 1978, as amended, known as the “Data Protection Act.”

The Sales Operator is required to process and, in particular, collect Users’ personal data in its capacity as data controller for the purposes of providing Services to Users and operating the Site, notably through the use of cookies.
The terms and details regarding the purposes of processing this Data are available in the Website’s privacy policy, which can be viewed at the following URL:http://www.svvfarrando.com/politique-confidentialite

7. INTELLECTUAL PROPERTY

The trademarks, logos, symbols, and any other Content on the Site are protected by the Intellectual Property Code and, more specifically, by copyright law.

The Sales Operator is the sole owner of all rights relating to the Content on the Site, including all copyrights to the Content it posts on the Site.

The User shall not reproduce, display, extract, or use in any manner whatsoever all or part of the Site or its Content—including the Catalogs—without first obtaining prior written authorization from the Sales Operator, under penalty of legal action for infringement being brought against them.

The User agrees to use the Site’s Content strictly for personal purposes. Use of the Content for commercial purposes is strictly prohibited. Placing a hyperlink to the Site using the techniques known as “framing” or “deep linking” is strictly prohibited, unless prior written authorization has been provided by the Sales Operator.

8. LIABILITY OF THE SALES OPERATOR

The Sales Operator endeavors, to the extent possible and within the scope of its best-efforts obligation regarding the operation of the Site, to keep it accessible 24 hours a day, 7 days a week. However, access to the Site may be modified, suspended, or interrupted—either temporarily or permanently—due to technical maintenance, migration, or updates; due to outages or constraints related to the operation of the Internet; and such operations shall not give rise to any right to compensation.

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

The Sales Operator, its officers, employees, or agents shall not be held liable for indirect damages, business losses, loss of profits, or damage to brand reputation resulting from the use of the Services.

The networks over which the Content is transmitted have varying characteristics and capacities and may become congested 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 inability to access the Services attributable to the User’s internet service provider, internet network congestion, inadequate hardware, maintenance or updates to the Services, or any other circumstance beyond the Sales Operator’s control.

9. HYPERLINKS

There are numerous outgoing hypertext links on the Site; however, the Sales Operator bears no responsibility for the web pages to which these links lead, as it has no control over them.

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

10. AMENDMENTS TO THE TERMS OF USE

The Sales Operator reserves the right to adapt and modify the General Terms of Use at any time; these modifications will be deemed accepted upon submission of estimate requests, confirmation of Purchase Orders, or requests for Telephone Bidding. If the User refuses these modifications, they agree to cease using the Site and to refrain from using its Services.

11. GOVERNING LAW AND JURISDICTION

The General Terms and Conditions 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 department either at the mailing address specified in Article 2 or at the email address: svvfarrando@gmail.com

If the complaint submitted to the service mentioned above is unsuccessful, and provided the User is a consumer within the meaning of the introductory article of the French Consumer Code, they may submit the dispute with 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.

After the dispute is referred to the mediator, the mediator gathers the information necessary to review the case and issues an opinion within three months.

This opinion is not binding on either the Sales Operator or the User, who retains 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 for any dispute between a consumer User and the Sales Operator, the dispute may be brought either before the court of the User’s place of residence at the time the contract was concluded or before the court of the place where the harmful event occurred.

In the event of disputes between a business User, as defined in the introductory article of the French Consumer Code, and the Sales Operator regarding the validity, interpretation, or performance of the General Terms and Conditions of Use, the Commercial Court of Paris shall have exclusive jurisdiction.

12. ENTIRE AGREEMENT

If one or more provisions of the General Terms and Conditions of Use are deemed invalid, void, or declared as such pursuant to a law or regulation or as a result of a final judicial decision, the remaining provisions shall remain in full force and effect.

The fact that the Sales Operator does not invoke a breach of any of the obligations set forth in the General Terms and Conditions of Use shall not be construed in the future as a waiver of the obligation in question.

13. LEGAL NOTICE

The Website is published by OVV Emmanuel Farrando, a company with a capital of 5,000 euros,
located at 7 rue du faubourg Montmartre - 75009 Paris
registered with the RCS under SIREN number 751 851 452
OVV No. 2002-74

The person responsible for publication is Mr. Emmanuel Farrando
The Website is hosted in the Europe-Ireland region of the Google Cloud Platform service, provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland.

Users may contact the Sales Operator at the following address: