Librairie Galerie Les Chevau Légers, a “Société par Actions Simplifiée” [simplified joint stock company], with share capital of 200,000 Euros, registered with the Companies Registration Office in Paris under number 732 049 036, whose registered offices are located at 36, rue Vivienne, 75002 Paris, (referred to hereinafter as “cgb.fr”) provides a technical platform for users of its internet site, thus enabling them to participate remotely, by electronic means, in auctions that take place on the internet (referred to hereinafter as “e-auction”). In order to use the e-auction service, the user wishing to participate in auctions remotely, by electronic means, must read and accept these terms and conditions of use without reservation. The bidder is referred to hereinafter as the “user” of the e-auction service of cgb.fr.
These terms and conditions of use are determined by cgb.fr itself. These terms and conditions of sale must be accepted by the bidder at the time of initial registration. Acceptance of the terms and conditions of use of the e-auction service will not be systematically requested each time a bidder participates in an auction. The e–auction service is a system that enables a sale to be made to the highest bidder. The e-auction service makes it possible to best determine the price for a coin, note, token, numismatic book etc., which is of advantage to both the purchaser and the seller since the valuation, and therefore the final price, is determined by thousands of bidders and not by one single specialist.
1. Description of the E-Auction Service of cgb.fr
Cgb.fr makes the e-auction service available to users so that they can interact remotely by electronic means in response to online sales of items organised by cgb.fr.
The e-auction service of cgb.fr informs the user of the name and details of the company making the current sale and also indicates the date and hour of the auction by means of a system for recording the time remaining.
The e-auction service of cgb.fr provides information about the auction time for each lot on the page of the corresponding item.
In the event that two users make the same bid, the first one to make the bid is successful.
Users make their bids remotely by means of the facilities provided by the e-auction platform of cgb.fr.
The e-auction service guarantees that descriptions are provided with accuracy and integrity but does not make any pre-judgment in respect of scientific discoveries that might be made after the sale, thereby relieving cgb.fr from the responsibility of case-by-case examination.
The e-auction service reserves the right to refuse an order without need of justification or explanation.
2. Terms and Conditions for Registration
2.1 In order to use the e-auction service, a bidder who has already registered with the e-shops of cgb.fr and has already made an order with the e-shops of cgb.fr only has to add his or her account pseudonym in order to participate in an e-auction. A pseudonym used by a bidder cannot be allocated to another bidder and each pseudonym is strictly personal.
2.2 If a bidder has not already registered with the e-shops of cgb.fr, he or she must create an account and enter the information required on the registration form. In so doing, the bidder declares that the information provided is accurate, complete and up to date. The users undertake to inform the e-auction service of cgb.fr of any changes to that information in order that cgb.fr always has up to date postal information. The bidder shall receive an email from cgb.fr confirming that an account has been created, attesting that the bidder has accepted the terms and conditions of use and that the creation of the account has been completed.
2.3 Users wishing to participate in the e-auction service of cgb.fr must, at the time of each sale, provide postal details by means of the form for the creation of an account provided by the e-auction platform of cgb.fr.
2.4 Users must read and accept the terms and conditions of sale for e-auctions of cgb.fr in order to participate in sales. The participation of users in e-auctions is subject to acceptance by the company organising the sale, in accordance with its own criteria. Cgb.fr is responsible for accepting or refusing the registration of users for sales. Failing that, the user cannot participate in the sale. Decisions relating to the acceptance of users belong exclusively to the sales company. The e-auction service of cgb.fr cannot, in any way, be required to justify a refusal to accept a user, or the absence of acceptance, or a belated acceptance by cgb.fr.
3. Obligations of the Company Organising the E-Auction Sale
3.1 Photographs shall be taken in ordinary light and provide a direct image of the item. Descriptions shall be written with accuracy and integrity. Conditions of items shall be judged scrupulously in order to guarantee total accuracy in terms of conformance with actual conditions. References shall be selected in order to give the best description of the coin, note, token, numismatic book etc. for all readers. Starting prices are fixed at 1 Euro.
3.2 Cgb.fr is responsible for the information and images that it communicates about the items offered for sale via the e-auction system.
3.3 The sales company wishing to use the e-auction service of cgb.fr must pay the charges for the use of the cgb.fr service in accordance with the rates in operation, and it shall be informed of those rates by cgb.fr at the time of registration. Rates may be altered, in which case the user shall be informed and the new rates shall apply as soon as the sales company has been informed of them. The sales company undertakes to pay cgb.fr in accordance with the payment arrangements agreed between the parties and within a period of 45 days from the end of the month. In the event of late payment, sums due shall be increased by a penalty equal to three times the legal rate of interest. VAT, at the rate in operation on the day of payment, shall be added to the charges for use of the service.
3.4 It is the responsibility of the user to contact cgb.fr directly for information if the terms and conditions of sale appear to be incomplete or unclear.
Cgb.fr shall be available to answer any questions relating to the general terms and conditions of sale. Consequently, sale participants may not claim any lack of clarity in the regulations of cgb.fr.
3.5 From the time of closing of bids, the user shall receive, as quickly as possible, an invoice or statement, enabling immediate payment for purchases. Nonetheless, close of sale is not the same as delivery of sale or the completion of transfer of ownership.
3.6 Payment triggers dispatch of the items purchased. Items shall be dispatched by registered mail following receipt of payment.
3.7 Exporting: due to a change in French law, for coins dating from before 1500 and with a unitary value greater than, or equal to, 1,500 Euros, we are required to request the Ministry of Culture for a certificate or license for export to all countries. The time period for obtaining these documents is about four weeks.
3.8 Complaints: justified complaints must be presented to us no later than seven days after the purchaser has received the monetary items.
3.9 We guarantee, without time limit, the authenticity of the coins, notes, tokens and numismatic books sold, as well as their conformance with their description; in the event that this is not the case, a refund is guaranteed up to the amount paid for the sale.
4. Obligations of Users of the E-Auction Service of cgb.fr.
4.1 Only natural persons aged at least 18 and with full legal capacity, as well as legal entities, are entitled to create a user’s account. In this respect, cgb.fr cannot be held responsible for inaccurate information provided by the user.
4.2 The user undertakes to keep confidential his login and password. The user is responsible, in relation to cgb.fr, for all actions carried out by means of his or her account. The user shall ensure that he or she logs off from the account after each session, especially when the connection to the e-auction service of cgb.fr is made by means of a public or shared computer. The user agrees to inform cgb.fr immediately in the event of unauthorised use of his or her account. Cgb.fr cannot be held liable in the event of fraudulent use of an account. The user undertakes to abide by these terms and conditions of use when using the e-auction service of cgb.fr. Consequently, he or she agrees in particular not to impede or alter the functioning of the e-auction service of cgb.fr, or harm the platform, or attempt to access the service in any way that is fraudulent.
4.3 Postal charges include a contribution to preparation and packaging costs + postage costs. For mainland France (including Corsica), there is a fixed rate of 5 Euros per order. For French overseas “départements” and territories and for foreign countries, there is a fixed rate of 10 Euros per order.
4.4 Willingness to participate in this sale operation shall result in adherence without restriction to these regulations. Only the French text shall prevail. Participation in this sale operation indicates unconditional adherence to these regulations by the client making the order.
5. Intellectual Property Rights
The e-auction service of cgb.fr (in particular, the content, technology, site architecture and the distributed images and videos) are protected by copyright, trademarks, patents and by any other rights for protection of intellectual works set forth in existing legislation.
6. Warranty and Indemnification
Cgb.fr cannot undertake to provide warranty and indemnification for users in the event of technical failure of the e-auction service, or fraudulent use of a user account by a third person.
7. Suspension and Cessation of the Service
In order to enable cgb.fr to keep information about its users up to date, cgb.fr reserves the right to close accounts that are not used for a period of more than 12 months, at the end of which period the user must re-register.
8. Alterations to the Terms and Conditions of Use
The features of the e-auction service of cgb.fr, as well as these terms and conditions of use, may be altered by cgb.fr. Alterations shall be made known to the users of the service thirty days before they come into effect.
A user who does not agree to those alterations may cancel his or her account by making such request by email. Failing that, alterations shall be binding for users from the time that they come into effect.
The e-auction service of cgb.fr shall endeavour to ensure that the service operates smoothly. However, cgb.fr cannot be held liable for uncertainties linked to the functioning of the e-auction platform and internet network. Cgb.fr cannot be held liable for the errors or omissions of users. Except where there are legal provisions to the contrary, cgb.fr cannot be held liable for damages suffered by the user. In no event may cgb.fr be held liable for indirect damages, commercial losses, loss of revenue, or harm to brand image resulting from the use of the e-auction service of cgb.fr. In no event may cgb.fr be held liable for failure in its contractual obligations that result from (1) force majeure or (2) damages resulting wholly or partially from failure on the part of the user to carry out his or her own contractual obligations.
Cgb.fr does not guarantee speed of access to the internet network of the user, or the functioning of the internet network. The user must ensure in advance that he or she has the technical tools required for the use of the e-auction service of cgb.fr, being the following technical recommendations at the very least for best access to the e-auction platform of cgb.fr: the latest version of internet browsers that are available on the market and a high speed internet connection The e-auction service of cgb.fr is not be liable for any bugs resulting from internet transmission that might result in the users of the service of cgb.fr not being forewarned that they have been outbidden. The e-auction service is not be liable for any bugs resulting from transmission that might result in a bid arriving too late to be taken into account. The e-auction service shall ensure that the descriptions are provided with accuracy and integrity but does not make any pre-judgment in respect of scientific discoveries that might be made after a sale; and cgb.fr is not liable for such discoveries. The e-auction service reserves the right to refuse an order without need of justification or explanation.
10. Protection of Personal Data
Information collected by cgb.fr is processed electronically in order to enable access to the e-auction service and participation in sales by electronic means organised by cgb.fr. A declaration to the CNIL [French Data Protection Agency] has been made in respect of these procedures.
The user is informed and agrees that personal data shall be transferred to cgb.fr, for which company said data has been collected, in order to validate registration for e-auction sales. Pursuant to the French Data Protection Act of 6 January 1978, bidders have a right of access and rectification in respect of information held about them. If a user wishes to exercise this right and obtain communication and information about himself or herself, he or she must send correspondence to firstname.lastname@example.org
11. Applicable Law and Competent Jurisdiction
12. Legal Notes
This service is published by Librairie Galerie Les Chevau Légers, a “Société pas actions Simplifieé” [simplified joint stock company] with share capital of 200,000 Euros, registered with the Companies Registration Office in Paris under number 732 049 036, whose registered offices are located at 36, rue Vivienne, 75002 Paris.
You can contact us at the following address:
36 rue Vivienne
By telephone: 00 33 (1) 40 26 42 97
By email: email@example.com