General Conditions of Sale

Article 1 – Purpose

The General Conditions of Sale (“GCS”) described below detail the rights and obligations of Antiquités en Provence and its client (the “Client” or the “Advertiser”) in connection with the services sold (the “Services”) by the former and purchased by the latter.
Any Service performed by Antiquités en Provence therefore implies the Advertiser’s unreserved adherence to these GCS.

Article 2 – Definitions

“Site” means the website, any page and any section thereof. By extension ” Site ” also designates the company Antiquités en Provence owner of the website
“Article” means any antiques or works of art that are the subject of an advertisement
“User” ” you ” Internet user ” means any person who uses the Website.
“Member” means the User registered on the Site after signing the registration contract.
“Advertiser” any Internet user who subscribes to a Paid Service with the Site.
Article 3. Content of the services

The services consist in putting on line furniture and antique objects of the Advertiser on the Site (Gallery for Antique dealers, Directory for Antique dealers and Craftsmen,…).
This space includes services included in the subscription to which the Advertiser has subscribed.

Article 4. Rights and obligations of the Advertiser

The Advertiser must have read and comply with the Site’s General Terms of Use (“TOU”) in the same way as these TOU.
The Advertiser who has taken out a subscription, for the placing on line of antique furniture and objects, is therefore a professional in the antiques sector, statistical code INSEE 47.79Z2 (ex NAF 525ZB) or related, duly registered as such and fulfilling its legal obligations with regard to French administrations. In the event of a finding of breach of this obligation, this will result in the immediate termination of this contract without reimbursement of the sums paid and without prejudice to any damages that may be claimed by the publisher of the Site.
Antiquités en Provence does not accept any responsibility relating to the origin or property rights of the Articles offered for sale by Advertisers. It is up to the Advertisers to have all the useful rights with the setting on sale of the Articles objects of the Announcements which they publish on the Site.
The advertisements that the Advertiser wishes to publish must be related to the field of antiquity or old collectibles.
The market value of an item that is the subject of an advertisement must exceed 500 euros VAT included (excluding ancillary costs, such as: appraisal, transport, packaging, etc.).
The price mentioned on the Site and attached to an Item, the subject of an advertisement, must be consistent with the market value of said Item. This price cannot be higher than the one mentioned on any other Internet site used by the Advertiser to sell or present the same Article.
The Advertiser keeps up to date, by mail [email protected], the data attached to the Articles offered for sale. Typically, it indicates items that have been sold or booked within one (1) week of sale or booking, regardless of the sales or booking channel.
The Advertiser certifies that its advertisements comply with all legal and regulatory provisions in force in France and respects the rights of third parties, including intellectual property. Consequently, the Advertiser releases Antiquités en Provence, its subcontractors and suppliers from any liability, and guarantees them against all convictions, all judicial and extrajudicial costs, which would result from any recourse in connection with the publication of its advertisements and compensates them for any damage resulting from the violation of this provision.
Without prejudice to the application of the previous clause, and without this creating at its expense an obligation to check the content, accuracy or consistency of the content of the ads, Antiquités en Provence reserves the right to refuse at any time an ad or business card for any legitimate reason, including text (words, phrases, sentences… etc.), photos or images, which would appear contrary to legal or regulatory provisions, morality, likely to disturb or shock readers, or offensive or defamatory.
The commercial transactions carried out, using the Site, by the Advertiser, are of the whole responsibility of the latter. The Site may under no circumstances be held liable in the event of a dispute or default in payment following a commercial transaction initiated from the Site.
The Advertiser undertakes to comply with all French regulations applicable to the dissemination of information and services on the Internet, and the mandatory provisions intended to ensure the protection of public order, and this in such a way that the liability of Antiquités en Provence can under no circumstances be sought.

Article 5. Rights and obligations of Antiquities in Provence

Antiquités en Provence provides the Advertiser with human and technical resources so that the latter can enhance its offer on the Site.
If the Advertiser requests the translation services offered by Antiquités en Provence, the latter is not responsible for the accuracy or quality of the information provided by the Advertiser. The obligation of translation from Antiquities to Provence remains an obligation of means, in no case an obligation of results.
In order to ensure overall cohesion and a coherent offer, Antiquités en Provence reserves the right to remove or block any ad:
not falling within the scope of the Site (Antiquities),
whose content is manifestly incorrect or insufficiently precise, whose wording is incorrect,
Antiquités en Provence reserves the right to carry out audits or investigations to assess the accuracy of the descriptions attached to the Articles published in the advertisements.
Antiquités en Provence reserves a discretionary right to publish or delete any advertisement proposed by an Advertiser. In particular if the conditions set out in the GCU or these GCV are not fulfilled.
Antiquités en Provence reserves the right to cancel, after unsuccessful reminder, the Advertiser who does not respect its obligations of updating and accuracy of its advertisements, as mentioned herein.
The Site reserves the right to alert the competent authorities if it deems that an advertisement is likely to be illegal.

Article 6. Publication on the Internet

The parties agree that the contract is formed upon receipt of payment
The Advertiser acknowledges being the sole and exclusive author of the text contained in its advertisements and, where applicable, in the presentation of its company in the directory. Failing this, he declares that he has all the rights and authorisations necessary for the publication of the information he communicates via the Site.
Advertisements and the Advertiser’s business card are published under the exclusive responsibility of the Advertiser.
The Site may propose the correction of spelling or syntax errors that would affect the quality of the ads and incidentally of the Site.
The Site reserves the right to publish or not an ad, but in any case, the advertiser remains fully responsible for any information he has placed on the Site.

Article 7. Price – Price

The prices of the services sold are those in force on the day the order is placed. They are denominated in euros and calculated inclusive of tax.
Antiquités en Provence grants itself the right to modify its prices at any time. However, it undertakes to invoice the services ordered at the prices indicated when the order is registered.

Article 8. Commercial discounts and rebates

The proposed rates include discounts and commercial discounts that Antiquités en Provence would grant.

Article 9. Methods of payment

The payment of the orders is carried out either:
By check;
By bank transfer

Article 10. Late payment

In the event of total or partial non-payment of the services provided, the Advertiser must pay Antiquités en Provence a late payment penalty equal to three times the legal interest rate.
The legal interest rate is that in force on the date of delivery of the services. As from 1 January 2015, the legal interest rate will be revised every 6 months (Ordinance No. 2014-947 of 20 August 2014).
This penalty is calculated on the amount including VAT of the amount remaining due, and runs from the due date of the price without any prior formal notice being necessary.
In addition to the late payment compensation, any sum not paid on its due date shall automatically give rise to the payment of a fixed compensation of 60 euros due for recovery costs.
Articles 441-6, I paragraph 12 and D. 441-5 of the Commercial Code

Article 11. Duration of the contract

The subscription of the entry fee and all Services related to this right are concluded for the duration as mentioned on the order form and/or the invoice exchanged between Antiquités en Provence and the Advertiser. At the end of the contract period, the Advertiser’s data on the Site will remain available (but not published) for a period of one (1) month at the end of which Antiquités en Provence reserves the right to delete them, in the absence of a new subscription, without the Advertiser being able to claim any prejudice.

Article 12. Regulatory developments

In case of modification or evolution of the French legislation, this one is immediately applicable.
If the amendment of this legislation was intended to make it impossible for one of the parties to perform the contract, the latter must inform the other party by registered letter with acknowledgement of receipt.
In the event that this legislation would have the consequence of prohibiting the publication of the advertising document on the Internet, making the service impossible, the contract will be terminated, without any compensation between the parties.

Article 13. Responsibility

Neither the Advertiser, on the one hand, nor Antiquités en Provence, its subcontractors or suppliers, on the other hand, shall be liable for any delay, non-performance or other breach of its obligations hereunder that (1) results, directly or indirectly, from an event beyond its reasonable control, and (2) could not have been avoided by precautionary measures, alternatives or other commercially reasonable means.
Neither the Advertiser, on the one hand, nor Antiquités en Provence, its subcontractors or suppliers, on the other hand, can be held responsible for delays or impossibilities to fulfill its contractual obligations, related to destruction of equipment, attacks or piracy, deprivation, deletion or ban, temporary or permanent, and for any reason whatsoever – including failures or unavailability inherent in hosting servers -, access to the Internet network.
The texts and advertisements appear under the sole responsibility of the Advertiser, Antiquités en Provence being released from any responsibility. The Advertiser undertakes to compensate Antiquités en Provence for any damage suffered on this account and guarantees it against any action based on these insertions.
Antiquités en Provence excludes all liability in any capacity whatsoever for indirect damage such as loss of profit, commercial or financial loss, consequence of recourse by third parties or loss arising out of or as a consequence of this contract, even if Antiquités en Provence has been notified in advance, as well as damage caused to persons or property distinct from the subject of the contract.
In any event, in the event that Antiquités en Provence is held liable in any way whatsoever, the total amount of compensation that the Site may be required to pay to the Advertiser may not exceed the amount received by Antiquités en Provence under this contract, regardless of the legal basis of the claim and the procedure used to resolve it.

Article 14. Force majeure

The responsibility of one or the other of the parts could not be sought if the execution of the contract is delayed or prevented because of a case of absolute necessity or a fortuitous event, because of the other part or of a third or external causes such as the social conflicts, intervention of the civil or military authorities, natural disasters, fires, water damages, interruption of the network of telecommunications or the electric network.

Article 15. General provisions

15.1 Entire contract

The parties acknowledge that these GTC constitute the entire agreement between them and supersede any prior written or oral offer, provision or agreement.

15.2. Amendment of the contract

No subsequent document or modification of the contract of any form whatsoever shall have effect between the parties without taking the form of an amendment duly dated and signed by them.

15.3. Nullity

If any of the provisions of this contract should prove null and void with respect to a rule of law in force or a court decision that has become final, it shall then be deemed unwritten, without entailing the nullity of the contract or altering the validity of its other provisions.

15.4. Renunciation

The fact that either party does not claim the application of any clause of the contract or acquiesces in its non-performance, whether permanently or temporarily, shall not be construed as a waiver by that party of the rights arising for it from the said clause.

15.5. Domiciliation

The parties elect domicile at the addresses appearing on the first page of the contract.

15.6. References

The Advertiser authorizes Antiquités en Provence to mention its name on a list of references that it may distribute to its customers, prospects or partners.

Article 16. Company details – Legal information

16.1. Customer Service

For any information or advice, you can contact Antiquités en Provence by way of :
E-mail: [email protected]é
Telephone ; +33 (0)6 84 19 57 90
Mail: Antiques in Provence – 20 TER Avenue de Saint Jean – Avignon – France

16.2. Antiques in Provence

SIRET NO. 47994360700032

Represented by Jane CRENON, in her capacity as Director
20 TER Avenue de Saint Jean – Avignon – France

16.2. Antiques in Provence

SIRET NO. 47994360700032

Represented by Jane CRENON, in her capacity as Director
20 TER Avenue de Saint Jean – Avignon – France

16.3. Applicable law and disputes

Any disputes that may arise in connection with the interpretation, acceptance and performance of these terms and conditions, regardless of the place of subscription or payment, will be the subject of an amicable settlement attempt that the parties undertake to seek. If this cannot be done within a period of three (3) months, the PARIS court shall have sole jurisdiction, even in the event of an appeal in warranty or multiple defendants, for emergency or precautionary proceedings, in summary proceedings or by application. The present general conditions are subject to French law which determines, on a case by case basis, the applicable law. In the absence of any mandatory provision to the contrary or in the presence of a choice in determining the applicable law, French law shall apply.

Version as of October 28, 2016