GENERAL TERMS OF USE OF THE SITE
https://antenor-auction.com
EFFECTIVE AS OF 08/01/2024
1. DEFINITIONS
This clause aims 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, with the mandatory advertising mentions described in Article R.321-33 of the French Commercial Code.
General Terms of Use: The present general terms of use of the Site and its Services.
Conditions of Sale: Specific sales conditions applicable to each auction, established by the Auction Operator and displayed on the lot listings, on the Site, and in the Catalogues.
Content: Statements, texts, articles, photos, videos, hyperlinks, files, documents, or any other elements made accessible to the public through the Site.
Telephone Bid: A User who cannot attend an in-person auction may request to be called by the Auction Operator at the moment their desired lot is auctioned, allowing them to place bids over the phone as if they were physically present in the auction room.
Purchase Order: A User who cannot attend an in-person auction may submit a purchase order to the Auction Operator, specifying the maximum bid they are willing to place for a lot. This constitutes a firm commitment by the User to purchase.
Auction Operator: The company Antenor Auction, headquartered at 49 rue de Minimes, 1000 Brussels, BELGIUM, registered under the number BE 0750.945.195.
Antenor Auction is a voluntary sales operator organizing auctions at 49 rue de Minimes, 1000 Brussels, BELGIUM, or online via the Drouot.com platform.
Antenor Auction: ANTENOR AUCTION SRL, headquartered at 49 rue de Minimes, 1000 Brussels, BELGIUM. Antenor Auction is a voluntary sales operator organizing auctions.
Purchase Order Cart: A section of the User's account where they can save purchase orders placed on the Site while awaiting final validation.
DrouotDigital Platform: A platform enabling remote participation in auctions via electronic means on the www.drouot.com website, facilitating Live Auctions and Online Auctions.
Services: All services offered by the Auction Operator on the Site, as described in Article 3 of the General Terms of Use.
Site: The website accessible at Antenor Auction, to which the General Terms of Use apply.
User: Any person who uses the Site and its Services.
Live Auctions: Auctions conducted in physical salesrooms used by Antenor Auction, such as 49 rue de Minimes, 1000 Brussels, BELGIUM, and broadcast live via the MoniteurLive and Drouot.com platforms.
Online Auctions: Auctions conducted exclusively online, accessible through the Drouot.com platform.
2. PURPOSE OF THE GENERAL TERMS OF USE
The website, managed by the Auction Operator, allows Users to submit online appraisal requests, access auction Catalogues, and participate remotely in Live or Online Auctions.
The General Terms of Use constitute the contract 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, they must refrain from accessing the Site and using the Services.
Each User must read and accept the General Terms of Use without reservation, through a checkbox validation mechanism when submitting an online appraisal request, confirming a Purchase Order, or requesting a Telephone Bid.
The General Terms of Use take effect from 08/01/2024 and apply to all use of the Site.
3. SERVICES
3.1. ESTIMATE REQUEST
A User who wishes to have an item appraised or sell an item at auction can submit a free appraisal request to the Auction Operator.
3.1.1. Online estimate
The User can submit an appraisal request online directly on the designated page of the Site by completing the form. They are required to provide their contact details, upload photographs of the item, specify its dimensions, and add any relevant comments that may help determine its value. The Auction Operator’s team commits to contact the User to provide an appraisal of the item and propose its auction listing.
3.1.2. Appraisal at the Auction Operator's Premises
The User has the option to visit the Auction Operator’s premises, where the address and opening hours are listed on the Site. The Auction Operator’s team commits to providing a free, non-binding verbal appraisal. If necessary, the team may invite the User to leave the item for a more in-depth evaluation.
3.1.3. Inventory on location
The User can contact the Auction Operator using the contact details provided on the Site to schedule an inventory of multiple items they own at their home. This inventory service is subject to a fee. The appraisals made by the Auction Operator, based on the information provided by the User, are given as an indication only, with the final hammer price determined by the free competition of the auction bids.
3.2. SUBMISSION OF PURCHASE ORDER & TELEPHONE BID REQUEST
Users can view auction Catalogues online via the Site. A User may participate in:
-Live Auctions by either placing bids live via a redirect to the Drouot.com platform, or by submitting a Purchase Order or Telephone Bid Request up to three (3) hours before the auction, either on the Site or by accessing the Drouot.com platform, which is also accessible via a redirect 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, they are subject to the platform's own terms of use and sales conditions.
The User is required to provide their identity and bank details via a form when submitting a Purchase Order or Telephone Bid Request on the Site, and to provide any supporting documents that may be requested by the Auction Operator. The User does not need to have an account on the Site or the Drouot Digital Platform to submit a Purchase Order or Telephone Bid Request.
The Purchase Order or Telephone Bid Request is saved in the User’s Purchase Order Cart awaiting final validation by the User. The User may place Purchase Orders or Telephone Bid Requests for multiple auctions organized by the Auction Operator within the same Purchase Order Cart.
Once all desired Purchase Orders and Telephone Bid Requests have been added to the Purchase Order Cart and the User’s bank details provided, the User validates them by agreeing to the Conditions of Sale and the present General Terms of Use of the Auction Operator and by clicking the validation button.
The Purchase Order or Telephone Bid Request is then transmitted to the Auction Operator with the maximum bid amount for a Purchase Order, the User's identity, a description of the relevant lot, and the User’s bank details.
The Auction Operator may refuse to execute the Purchase Order or respond to the Telephone Bid Request if:
- Identity or solvency verification could not be completed;
- The lot subject to the Purchase Order or Telephone Bid Request has been modified and the Auction Operator was unable to contact the User to inform them;
The Telephone Bid Request exceeds the Auction Operator’s call capacity.
The User is informed of the status of their Purchase Order or Telephone Bid Request by email. In the case of multiple Purchase Orders of the same amount from different Users, if the winning bidder is one of those involved, priority is given to the User who submitted their Purchase Order first.
The User can modify or delete their Purchase Order or Telephone Bid Request by accessing the relevant lot in the Catalogue, provided that the modification or deletion occurs before the Purchase Order Cart is validated by the User. After validation of the Purchase Order Cart or Telephone Bid Request, it is the User’s responsibility to contact the Auction Operator to modify or delete their request.
The Auction Operator will execute Purchase Orders and/or Telephone Bid Requests of equal amounts in the chronological order of their submission.
The highest and last bidder will be the winning bidder.
When the lot is awarded to a User, the Auction Operator will confirm by email as soon as possible that the User is the winning bidder.
3.3. ONLINE PAYMENT AND ADVANCE DEPOSIT
An online payment form allows the User to settle their auction purchases remotely by simply entering the invoice number to be paid, its amount, as well as their name and email address.
Similarly, a form is available for making advance deposits online for future sales organized by the Auction Operator.
Payment transactions are processed by the Auction Operator through its payment service provider: Ingenico, certified PCI-DSS.
4. VERIFICATION OF BANK DETAILS
4.1. ONLINE PAYMENT AND ADVANCE DEPOSIT
On the Site, the bank details of the User paying for a winning bid or making an advance deposit for a future auction are collected by the Auction Operator.
To enhance the control process for the User, the Auction Operator uses the 3D Secure standard: the User's bank requires them to authenticate through an identity verification mechanism, such as receiving a one-time code via SMS on their mobile phone to be entered on the issuing bank's online form.
The bank details are securely stored for the duration of the transaction by the Auction Operator's payment service provider, Ingenico, which is PCI-DSS certified. This standard is an international security standard aimed at ensuring the confidentiality and integrity of cardholder data, thereby securing the protection of card and transaction data.
The technical procedures for card verification are secure, and the confidentiality of bank details is ensured in compliance with applicable legal, regulatory, and professional requirements.
The User can also settle the amount of their winning bid in the manner described in the Conditions of Sale and on the Site. However, these details are only retained for the duration of the transaction.
4.2. SUBMISSION OF PURCHASE ORDER & TELEPHONE BID REQUEST
When submitting a Purchase Order or Telephone Bid Request, the User is prompted to provide their bank details. These details are transmitted directly to the Auction Operator, who retains them only for the duration of the auction, in accordance with the terms outlined in the privacy policy, accessible at the following address: https://antenor-auction.com/en/privacy-policy.
5. USER OBLIGATIONS
The User must ensure that they have the appropriate technical tools to use the Services and, at a minimum, meet the following technical recommendations to optimize access to the Services: the latest version of available browsers on the market and a high-speed Internet connection.
The User is solely responsible, at their own expense, for acquiring, setting up, maintaining, and connecting the various elements of the configuration and telecommunications means required 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 behave fairly toward the Auction Operator.
The User agrees to provide accurate personal information in the forms they submit to the Auction Operator.
The Auction Operator cannot be held liable for any incidents related to incorrect information provided by the User.
The User guarantees that no content they transmit infringes the rights of third parties or violates applicable laws and regulations.
In the event of a breach, the Auction Operator reserves the right to take appropriate action, including removing prohibited content, suspending or refusing the User's bids, or taking any necessary action, including legal action.
6. PERSONAL DATA
The Auction Operator is committed to complying with the applicable regulations regarding the processing of personal data, particularly Regulation (EU) 2016/679 of the European Parliament and the Council, applicable from May 25, 2018 (hereinafter, the "
GDPR"), and the amended Law No. 78-17 of January 6, 1978, known as the "
Data Protection Act."
The Auction Operator processes and, in particular, collects personal data from Users as the data controller for the purposes of providing Services to Users and the operation of the Site, including through the use of cookies.
The details and purposes of the processing of this data are available in the Site's privacy policy, which can be accessed at the following URL:
https://antenor-auction.com/en/privacy-policy.
7. INTELLECTUAL PROPERTY
The trademarks, logos, symbols, and any other content on the Site are protected by the Intellectual Property Code, particularly copyright law.
The Auction Operator is the sole holder of all rights related to the content on the Site, including all copyright over the content they upload to the Site.
The User is prohibited from reproducing, representing, extracting, or using in any way all or part of the Site or its content, including the Catalogs, without obtaining prior written permission from the Auction Operator. Failure to comply may result in legal action for infringement.
The User agrees to use the content of the Site strictly for private purposes. Any commercial use of the content is strictly prohibited. The use of a hyperlink to the Site, through techniques like "framing" or "deep linking," is strictly prohibited unless prior written authorization is provided by the Auction Operator.
8. RESPONSIBILITY OF THE AUCTION OPERATOR
The Auction Operator makes every effort, within the scope of its obligations, to ensure that the Site is accessible 24/7. However, access to the Site may be modified, suspended, or interrupted temporarily or permanently due to technical maintenance, migration, or updates, or because of issues related to the functioning of the Internet. Such operations will not give rise to any compensation.
The Auction Operator commits to minimizing such interruptions to the best of its abilities.
The Auction Operator, its executives, employees, or agents cannot be held responsible for indirect damages, commercial losses, loss of profit, or damage to brand reputation resulting from the use of the Services.
The networks through which the Content circulates have various characteristics and capacities and may become congested at certain times of the day, potentially affecting download speeds and accessibility.
The Auction Operator cannot be held liable for any dysfunction or inability to access the Services attributable to the User’s Internet service provider, network congestion, inadequate equipment for maintenance or updates of the Services, or any other circumstance beyond the control of the Auction Operator.
9. HYPERTEXT LINKS
There are many outgoing hyperlinks on the Site; however, the web pages these links lead to do not engage the responsibility of the Auction Operator, as the Auction Operator has no control over these links.
The User is therefore prohibited from holding the Auction Operator responsible for the content and resources related to these outgoing hyperlinks.
10. MODIFICATION OF THE TERMS AND CONDITIONS OF USE
The Auction Operator reserves the right to adapt and modify the Terms and Conditions of Use at any time, which will be accepted when submitting estimation requests or validating Purchase Orders and Telephone Bid requests. If the User refuses these modifications, they agree to stop using the Site and refrain from using its Services.
11. GOVERNING LAW AND COMPETENT JURISDICTION
The Terms and Conditions of Use are governed by French law. In case of a dispute between a User and the Sales Operator, the User may contact the Sales Operator's customer service either at the postal address indicated in Article 2 or by email at:
[email protected].
If the complaint made to the service mentioned above is unsuccessful, and if the User is a consumer as defined in the preliminary article of the French Consumer Code, they may submit the dispute to a mediator by filing a complaint on the following website: https://ec.europa.eu/consumers/odr/.
Recourse to the mediator is free of charge.
Once the mediator receives the dispute, they will gather the necessary information to review the case and issue an opinion within three months.
This opinion is not binding on the Sales Operator or the User, who retains the right to take the case to court. For more information on the mediation procedure: 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 of the contract's conclusion or the court where the damaging event occurred.
In case of disputes between a professional User, as defined in the preliminary article of the French Consumer Code, and the Sales Operator regarding the validity, interpretation, or execution of the Terms and Conditions of Use, only the Commercial Court of Paris will have jurisdiction.
12. INTEGRITY
If one or more provisions of the Terms and Conditions of Use are found to be invalid, void, or declared as such under a legal or regulatory text, or as a result of a final judicial decision, the remaining provisions will remain in full force and effect.
The fact that the Sales Operator does not invoke a breach of any of the obligations specified in the Terms and Conditions of Use shall not be interpreted as a waiver of the obligation in question for the future.
13. LEGAL NOTICE
The publication of the Site is managed by the company
ANTENOR AUCTION SRL with a capital of --- euros,
49 rue de Minimes, 1000 BRUSSELS – BELGIUM
Intra-community VAT no. : BE0750945195
Commerce Registre no. : 0750945195
The publication is managed by Mr. Philippe Moorkens and Mrs. Olivia Roussev.
The hosting of the Site is provided in the Europe-Ireland region by Google Cloud Platform, Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland.
Users can contact the Sales Operator at the following address:
49 rue de Minimes,
1000 Brussels – BELGIUM
+32(0)2 898 09 50
E-mail :
[email protected]+352 26 10 80 42