TERMS AND CONDITIONS OF THE WEBSITE www.expertissim.com

Article 1 – General Use

Expertissim is a public company with a capital of 140 981 €, headquartered at 10, rue d' Uzès, Paris 2nd district, and listed with the Registre du Commerce et des Sociétés de Paris under the number 498 739 630. 

Expertissim gives the consignors ( hereinafter "Consignor") their platform the Internet www.expertissim.com  (hereinafter "Website") so that they can propose the sale, in the best conditions of transparency and security, their artworks (hereinafter"Object (s)"), presented and evaluated by specialized experts. 

The terms and conditions presented define the rights and the obligations  of the parties within the framework of the Website's usage and the sale by the intermediary of Objects. The User of the Website ( hereinafter "User (s)"), consignor or buyer ( hereinafter "Buyer (s)"), declare to have understand and accepted without hesitation the rights and the obligations related.

Expertissim reserves the right to modify the present general terms and conditions. Any new version will be beforehand indicated on the front page under the column "Aide/Help " . The Users who do not wish that the contractual relations governed by the revised version should inform Expertissim and cease using the Website. 

With the possibility that one of stipulations of the general terms and conditions could be considered illegal or non-invocable by a justicial decision, the other conditions remain.

Expertissim, representative of the Consignor, does not participate in the sale contract which unites exclusively the Consignor and Buyer.  

Article 2-Conditions of Registration and Use of the Website

The registration on the Website is free.

Only the registered users can make a request of pre-evaluation, submit a sale offer, grant a purchase, accept a sale bid and conclude an on-line sale.

The registration on the Website is subordinated to the following cumulative conditions: the user must indicate their telephone number, e-mail address, as well as a mailing address for the purchases of  one or several objects. Their commitment is essential to provide Expertissim their current, complete, exact information and maintain their address and phone numbers up to date. Any modification of address and phone number will have to, consequently, be informed to Expertissim, in particular in case of change of mail address or e-mail address. In the case of default, the user will bear the consequences.

After the conclusion of the registration formalities, an account is opened in the name of the registered user who will beforehand have chosen a user name and password. This account is accessible by the user through the user name and personal password.

The user name and the personal password are strictly personal and confidential. The registered user on the site should not communicate such information except with proof of  fraudulent use, the User is solely responsible for any sale(s) entered by a person employing their user name and password.  and they alone shall bear the consequences.

The User must reveal any use by a third party of their user name and password as soon as they have knowledge of such action. 
The User must not create or use other accounts other than the sole account initially established.
The User accepts that Expertissim saves any documents, information and recordings relating to the website activity.
In case of non-compliance by the User of the present general terms and conditions of use and sale, Expertissim reserves the possibility of removing at any time the object of the sale.

Article 3 - Consignor

a. Pre-evaluation
The User who wishes to sell an object on the website sends a request of pre-evaluation based on photos, either by completing the on-line form " demande de pré-expertise/  "; or by sending photos to Expertissim, 10 rue d' Uzès, 75002 Paris by mail.

The photographs are transfered to a general expert then a specialist, if needed.  Then, at no cost, a first evaluation is granted. 

With an agreement from the User, the proceding step, anticipating a sale, involves a complete evaluation of the object at Expertissim's premises. 

b. Warehouse

A guarantee of a warehouse deposit  is signed between the Consignor and Expertissim, by whom one acknowledges giving one or several objects in its premises with the aim of an evaluation and possible sale.

The Object entrusted in warehouse is catalogued, evaluated and estimated, free of charge for the consignor, by a specialized expert ( hereinafter "Expert") appearing among the partnered experts of the site,in which they are listed and detailed under the column " Les Experts/The Experts " of the Website. 

The evaluation is realized with the goal of placing on sale the Object on the Website and cannot be used for any other type of sale.

In case the warehouse of the Object will not be placed on sale on the Website, the Consignor signs with Expertissim a guarantee of withdrawal, by which they acknowmedge that the Object was returned and  in good condition. 

C. Mandate of Sale  

The Consignor gives an exclusive mandate  (hereinafter "Mandate") Expertissim to perform on his behalf all necessary operations for the sale on its Website of the Object named in this Mandate, including  photographs of the Object, online preparation and management of  the Website during the Mandate.

The Mandate entrusted to Expertissim is for a period, at the option, of 1 to 4 months, stemming from the sale of the Object, within 10 days of the signing of the Mandate, and eventually extended the delayed payment of the Object.
 
The catalogue entry prepared by Expert will be posted on the Website with photographs of the
Object and can be corrected with the agreement of the Consignor, as long as the Object has not been sold.

It should be noted that  photographs and detailed descriptions provided by Expertissim are and remain the exclusive property and may not be claimed in any other manner.

The involved expert's valuation is on-line at the time of purchase, as well as on the sales record.  

d. Property and Guarantees

The Consignor guarantees to Expertissim that they are an adult and fully able.

The Consignor guarantees to Expertissim they are the sole legitimate owner – fully owned - uncontested property well-deposited and can transfer ownership of that property validly. It ensures that the property sold is not subject to any judicial or extra-judicial and its origin is neither tortious nor objectionable.

Expertissim reserves the right to cancel at any time the Mandate and withdraw from sale any item for which they have had doubts on the provenance or identity of its owner (theft, handling stolen goods ...).

The Consignor must provide Expertissim an identity document (identity card, passport, etc..).

Expertissim can refuse to place the Object on sale for legitimate reasons, including if the quality of the Object appears doubtful.

e. Price

The estimate of the Object entrusted to Expertissim is made by the Expert in accordance with the Consignor, which determines the bid range in euros.

The high bid of the Object is placed to be sold on the site.

This bid decreases automatically for successive periods at a rate of once a week, throughout the execution of the Mandate, reaching its end, the low value.

This range of bids and timing of the sale are expressly accepted by the Consignor in signing the Mandate.

Expertissim agrees not to propose the Objects at a price below the lowest bid established by the Consignor, unless otherwise noted.

The selling price of objects is seen through an escrow account. The representation and funds held on behalf of others is duly guaranteed.

  f. Fee

The Consignor shall not bear any commission other than an application fee of € 50 (fifty dollars) per object, if the property is sold at a price higher than € 1000 (thousand euros).

When the property is sold, the fees are deducted from the outstanding balance.

Supplementary fees (restoration) may be considered, based a propsed estimate by Expertissim and accepted by the Consignor.

g. Listed - Closing the Sale

Expertissim will make its best efforts to place the Object online after the Mandate is signed by the Consignorr, within eight days of the Object's deposit at  Expertissim at 10, rue d'Uzes (Paris 2nd).

The online sale of objects as well as the automatic reduction of bids for a successive period, are suspended when a buyer has agreed to purchase.

The property is withdrawn from online sale when Expertissim has funded the settlement of the Buyer the full amount of the acquired object.

h. Payment of Charges
 
Subject to the withdrawal of the Buyer, Expertissim undertakes to pay the Consignor, 30 days from the month's end, the amount of proceeds from the sale of the Object, which will be deducted from any filing fees and possible additional costs that were previously agreed.

i. Effects of Mandate

At the signing of the Mandate, and throughout its duration, the Consignor agrees not to intervene or involve any person  in the sale in any manner whatsoever.

The Consignor is not permitted to remove the Object entrusted to the sale.

However, if the Object is withdrawn from the sale by the Consignor, before expiration of the Mandate, the fee shall be forfeited to Expertissim. In addition, the Consignor will be liable to pay Expertissim of a lump sum amounting to € 500 (five hundred euros); this sum is not exclusive of any damages that Expertissim reserves the right to claim in compensation.

j. Non-completion of the Sale

If at the end of the Mandate, the Object has not been sold, the Consignor, duly informed, has a period of 15 days during which he may either sign a new Mandate that will allow resale of the Object with new conditions or ask Expertissim to proceed with its sale willingly or to retrieve the Object.
At the expiration of that period if the Consignor has not opted for either of these issues, they will be contacted via email.
After a period of 7 days after the notice, Expertissim may opt:
- Object delivered at the Consignor's expense;
- Dispose of the Object when appropriate (sale, donation, destruction). In case of sale, the total proceeds of the sale is for Expertissim acquired as compensation for storage, filing, handling and  insurance.

Article 4 - Buyers

Only people in legal situations are able to buy on the Website.

Anyone interested in an Object on the Website may arrange an appointment with Expertissim, at the following address. They may also inquire the presenting Expert with the form "Nous Contacter/Contact Us".

Expertissim reserves the right to refuse any Buyer with whom there is an existing litigation or will not provide guarantees of solvency.

a. Bid

The bid of the Object is registered on the Website when the buyer clicks the "Acheter/Buy " button.

Expertissim charges a commission of 20% VAT to the buyer to be settled simultaneously with the acquisition of the Object.

The commission fees and taxes the selling bid are given separately on the matching page of each Object. They are identical for all presented Objects, except for books due to a reduced VAT rate.

The total bid does not include shipping costs and other expenses of administrative services offered by Expertissim (clearance, certificate de libre circulation, etc..).

b. Terms of Purchase and Payment

Buyer has the option to purchase exclusively on the Website. No offer will be accepted on Website.

The property is considered definitively acquired when a buyer agrees to purchase. However, it is maintained online until full payment is cleared being the payment is not received within 7 days after the agreement, the sale becomes void. Expertissim reserves, however, in cases of obvious abuse, all rights to continue execution of the sale to the Buyer and take all appropriate measures to prohibit the Website to that Buyer in the future.

The Buyer can choose among the following means of payment:
- on-line by bank card, hence guarantees complete authorization to use the bank card and granting access to sufficient  funds to cover all the costs resulting from the use of Expertissim's services;
- by wire transfer, under the rpemise that the Buyer contact Expertissim prior and relay their  banking address and details (RIB, IBAN and BIC),

- By check, supplied by a French bank with mandatory presentation of a valid ID card of;
- in cash, according to the regulations in force, and solely in the office of Expertissim.

  The data registered by Expertissim constitute proof of all the transactions between the Consignor and Buyer on the Website. 

d. Delivery – Retrieval  of the Object

Expertissim will confirm, in the name and for the Consignor's account, systematically via mail to the Buyer that the price was entirely adjusted and that the Object may be removed. 

No Object will be delivered to the Buyer before full payment and the ratification of the sale contract.

The Object can, based on the Buyer's decision
- be retrieved, by appointment, at Expertissim from 10, rue d’Uzès ( Paris 2d district). For default of retrieval of the Object within 15 days following the payment, a 5-€ ( five euro) a day TTC for storage fees will be charged;
- Be delivered, being specified that the expenses of delivery are charged to the Buyer, according to the modalities of the carrier. The Buyer can use one of the partnered delivery companies of Expertissim and listed in the column " Grille tarifaire ) " on the Website.

For the deliveries and the services outside the French territory, the measures by the general tax code will be applied. 

Expertissim will handle all administrative steps (customs, certificate de libre circulation  ...). It can however not be held liable because of a refusal or an administrative retrieval.

e. Right of Withdrawal

Under the legislation on the sale of goods and supplies services to remote, and especially of Article L. 121-20 of the Code de la consommation, l'Achetueur-consommateur shall have a period of 7 clearing days , after the receipt of purchase, to withdraw without having to give any reasons or incur any penalties, except, if necessary, return costs.
It is precised that the legal right to cancel applies only if Seller is professional and the Buyer is an individual consumer.
If possible usage of the right of withdrawal, the Buyer is refunded as soon as possible and no later than 30 days following the date on which the right of withdrawal is exercised. This reimbursement shall be made by any form of payment.

Article 5 - Responsibility

Expertissim is responsible, towards the Consignor as towards the Buyer, in regards the representation of the bids and the delivery of the Object of relating sale. The sold Object can however be delivered to the Buyer only when Expertissim has collected the price or when any guarantee will have been given to them on the payment of the final bid by the Buyer.

Expertissim declares a contracted an insurance insurance covering their professional responsibility, as well as making a commitment to utilize just Experts, from their part, to have signed such an insurance.

In this respect, the following measures, promulgated by the decree N 81-255 of March 3rd, 1981 on the repression of the frauds in transactions of artworks and collector's items, are employed: 

- the naming of an artwork or object, when it is only and at once followed by the reference to a historic period, a century or a time period, guarantees the buyer that this work or object was effectively produced during the referenced period. When one or several parts of the artwork or  object are of later manufacturing, the buyer must be informed;

- unless it is accompanied with an express reserve on the authenticity, the indication that an artwork or an object bears the signature or the stamp of an artist entails the guarantee that the mentioned artist is therefore the author. The same effect applied to the use of the term "by" or "the" followed by the name of the author. It is the same when the artist's name  is immediately followed by the  artwork's title.;

- using the words "attributed to" followed by an artist name ensures that the work or the object has been executed during the production period of the artist and stated that the alleged designate is the probable author;

- using the words "workshop" followed by an artist's name ensures that the work has been performed in the workshop of the listed artist or under their direction. The mention of a workshop is followed by a mandatory indication of time applies to the case of a family workshop retaining the same name on several generations;

- the terms "school" followed by an artist's name entails ensuring that the author of the work was the pupil of the master cited or has been known to influence or benefit from their technique. These terms may only apply to a work executed during the lifetime of the artist or within less than fifty years after his death. When referring to a specific place, the term "school" ensures that the work was performed during the lifetime of the artistic movement named, whose time must be specified and an artist who participated in this movement;

- the terms "in the vein of", "style", manner of ", "genre of ", "after", "fashion of" does not guarantee any particular artistic identity, date of work or school;

- any facsimile, overmolding, copy or other reproduction of an artwork or a collector's item should be designated as such.

Article 6 - Name Specific Information:

Expertissim makes a commitment not to reveal to third parties the information communicated by the Users on the Website. These are confidential. They will be used by  internal services only for the execution of bids and purchases, as well as to strengthen and personalize the communication in particular by letters / informative e-mails as well as within the framework of the customization of the Website according to the preferences noted by the Users. 

Expertissim does sell, market, and rent to third parties the information concerning their users. Expertisssim can send to their users informativen and the commercial propositions of their partners since they were agreed to during registration.

In case of transfer or use by third parties of personal data, Expertissim makes prior a commitment to inform the User to  to exercise its rightof opposition. Expertissim can also supply strengthened statistics relative to their users, sales, or other information relative to the Website in trusted third parties, but these statistics will contain no personal data. 

The present article cannot prevent the transfer nor the transfer of activities in a third party. Consequently, according to the loi informatique et libertés of January 6th, 1978, the User can exercize their right to access their file and  rectification or deletion for the information concerning their by sending his request (by indicating e-mail address, last name, first name, mailing address), by the Website, in the column "Contact" by selecting " I wish to modify my address and phone number " then " I wish to cancel my account " or via postal mail at the following:

Expertissim
10, rue d’Uzès
75002 Paris

Article 7 - Disputes - Applicable Right

The presented General and Terms of Condition, in French language, will be executed and interpreted according to the French law.

In case of dispute, the User and Expertissim will make their best efforts to reach an amicable solution. 

In default, the French courts only apply.