TERMS AND CONDITIONS OF THE WEBSITE !!
Article 1 – General Use
Expertissim is a public company with a capital of 181 544 €, whose head office is located at 10, rue d' Uzès, Paris 75002, and registered in the Registre du Commerce et des Sociétés de Paris under the number 498 739 630.
Expertissim provides to the sellers-consignors (hereinafter "Consignor(s)") an internet platform www.expertissim.com (hereinafter "The Website") so that they may put on sale, in the best conditions of transparency and security, their artworks (hereinafter "The Object(s)"), presented and appraised by specialized experts.
The terms and conditions presented here explain the rights and the obligations of all parties in relation to the use of the Website and to the sale of Objects through it. The User of the Website ( hereinafter "User(s)"), Consignor or buyer (hereinafter "Buyer(s)"), declare he has understand and agreed these rights and obligations.
Expertissim reserves the right to change these Terms and Conditions at any time. Any new version will be beforehand indicated on the front page of the section " Help ". The Users who do not wish the contractual relations to be governed by this new version should inform Expertissim and stop using the Website.
On the supposition that one of stipulations of the Terms and Conditions would be considered illegal or non-invocable by a legal decision, the other conditions remain in effect.
Expertissim, as the representative of the Consignor, does not participate in the sale contract which is an agreement binding exclusively the Consignor and the 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 pre-valuation request, submit a sale order, submit a purchase order, accept a sale order and conclude an on-line sale.
The registration on the Website is subject to the following cumulative conditions: the User must indicate his phone number, email address, and a postal address in order to deliver the Object(s) he had purchased. He agrees to provide Expertissim accurate, complete and correct information and keep them up to date. He agrees to inform Expertissim promptly of any change, in particular information concerning address or email address. Failing this, the User shall bear the consequences.
When registering, an account is created in the name of the registered User who will beforehand have chosen a username (his email) and a password. The User can access his account via his Username (his email) and password.
The Username (his email) and password are kept strictly personal and confidential. The User registered on the Website should not divulge this information. Unless he can provide evidence of fraud, the User is solely responsible for any sale(s) conclude by a person using his User name and password, and he alone shall bear the consequences.
The User agrees to reveal any use by a third party of his Username and password as soon as he has knowledge of it.
The User must not create or use other accounts other than the sole account initially created. The User accepts that Expertissim save any documents, information and recordings relating to his activity on the Website.
In case of non-compliance with the present Terms and Conditions of use and sale, Expertissim reserves the possibility of removing the Object of the sale at any time.
Article 3 – Consignor
The User who wishes to sell an Object on the Website or who wishes to have a temporary valuation must request a pre-valuation based on photos, by filling up the on-line form "Request a pre-valuation".
Each pre-valuation costs 1 credit, that is 5 € (VAT included).
The request is transferred to a general expert and a specialized expert if needed, who makes a first valuation based on photographs.
Expertissim guarantees to answer within three weeks after receipt of all required information, that is when the status of your request is "in progress".
The User will receive an email with the "Valuation Certificate".
Condition of execution:
Since the pre-valuation is based on photos and on the description the User gave us, the Valuation Certificate is always given as a guideline, for personal use only and subject to change once we see the object. It cannot replace the final valuation or appraisal.
Then, with the agreement of the User, we will proceed to the final appraisal in Expertissim's premises.
If the Object is sold, the credit used for the pre-valuation will be refunded.
A Consignment Agreement (Contract) is made between the Consignor and Expertissim, by which Expertissim acknowledges taking in consignment one or several Objects in its premises for their appraisal and potential sale.
The Object entrusted in consignment is catalogued, apprasied and estimated, free of charge for the Consignor, by a specialized expert (hereinafter the "Expert") appearing among the associate experts of the Website, in which they are listed and presented in " The Experts " page.
The valuation is made in view of the sale of the Object on the Website and cannot be used for any other type of sale.
In case the consignment of the Object would not be followed by a sale on the Website, the Consignor signs with Expertissim a Restitution form, by which he acknowledges that the Object was returned in good condition.
c. Sale Mandate
The Consignor gives Expertissim an exclusive authorization (hereinafter "Sale Mandate") to perform on his behalf all necessary operations for the sale on its Website of the Object designed in this Sale Mandate, including photographs of the Object, online preparation and management of the Website during the term of the Sale Mandate.
According to the Sale Mandate, the Object is entrusted to Expertissim for a period of 1 to 3 months, starting at the online release of the Object, which should happen within 30 days after the Sale Mandate is signed, and can eventually be extended until full payment of the Object.
The catalogue entry prepared by the Expert will be posted on the Website with photographs of the Object and can be corrected with the authorization of the Consignor, as long as the Object has not been sold.
It should be noted that the photographs and the descriptions provided by Expertissim are and remain its exclusive property and may not be claimed in any other manner.
The expert is responsible for the expertise online on the Website at the time of the purchase, and for the expertise written on the sale invoice.
d. Property and Guarantees
The Consignor guarantees Expertissim that he is at least 18 years old and legally capable.
The Consignor guarantees Expertissim he is the sole legitimate uncontested owner – fully owned - of the property he consigned and that he is allowed to transfer the ownership of that property. He ensures that the property sold is not subject to any legal or extra-legal action and that its origin is neither criminal nor questionable.
Expertissim reserves the right to terminate at any time the Sale Mandate and to withdraw from the sale any item for which they have had doubts on the provenance or on the identity of its owner (theft, handling stolen goods ...).
The Consignor must provide Expertissim an identity document (identity card, passport, etc..).
Expertissim reserves the right to refuse any Object for sale for legitimate reasons, including if the ownership of the Object appears dubious.
e. Selling price
The estimate of the Object entrusted to Expertissim is made by the Expert in accordance with the Consignor, who determine a range of value in Euros.
The high estimate of the Object corresponds to the price at the beginning of the sale.
This value decreases automatically once a week during the whole term of the Sale Mandate, until reaching the low estimate.
This range of value and this sale schedule are explicitly accepted by the Consignor when signing the Sale Mandate.
Expertissim agrees not to offer the Object at a price below the low estimate agreed by the Consignor, unless otherwise noted.
The selling price of the Object is received through an escrow account. The representation of the funds held on behalf of others is duly guaranteed.
Expertissim charges to the Consignor a commission of 10 % (all taxes included) for any Object sold under 600 € and 5 % (all taxes included) for any Object sold over 600 €.
When the Object is sold, the commission is deducted from the outstanding balance.
Supplementary fees (potential taxes, customs, transit and shipping fees, restoration, ...) may be admitted, based on an estimate suggested by Expertissim and accepted by the Consignor.
Storage fees of 59 € (all taxes included) will be deducted from the total amount for any Object larger than 1m3.
g. Start of Sale - End of Sale
Once the Sale Mandate is signed by the Consignor, your Object may be online on the Website within thirty days after the consignment at Expertissim 10, rue d'Uzès (75002 Paris).
The online sale of the Object as well as the automatic decrease of the price, are suspended when a buyer has agreed to purchase.
The Object is withdrawn from the online sale as soon as Expertissim has received full payment of the purchased Object from the Buyer.
The label "Pending purchase" appears on the Object as long as the Buyer has not yet paid Expertissim (cf. article 4, alinéa b).
Provided that the Buyer retract his offer, Expertissim guarantees to pay the Consignor the net proceeds of sale within 30 days. The seller's commission and possible additional costs previously agreed will be deducted from the total amount.
i. Effects of the Sale Mandate
From the date of the signature of the Sale Mandate, and throughout its term, 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 for sale.
However, if the Object is withdrawn from the sale by the Consignor before expiration of the Sale Mandate, the fees shall be forfeited to Expertissim. In addition, the Consignor shall be liable to pay Expertissim an additional fee of € 500 (five hundred Euros); this sum is not exclusive of possible damages that Expertissim reserves the right to claim in compensation.
j. Non-completion of Sale
If at the end of the Sale Mandate the Object has not been sold, the Consignor, duly informed, may either sign a new Sale Mandate that will allow him to offer the Object for sale again with new conditions, or have the Object returned to him.
As long as the Consignor has not removed the Object or signed a new Sale Mandate, he authorizes Expertissim to sell the Object at its low estimate.
If the Consignor does not signed a new Sale Mandate and does not authorize Expertissim to sell the Object at its low estimate, he must collect the Object either:
- at Expertissim (10, rue d'Uzès, 75002 Paris) or at the storage unit (11 boulevard Ney, 75018 Paris). If the Consignor does not collect the Object within 30 days after the Object is unsold or following the receipt of the registered letter sent by Expertissim, he will be charged 5 € (VAT included) per day of storage fees.
- by a delivery, knowing that the shipping costs will be at the expenses of the Seller.
The following taxes may be added if applicable:
- the Capital Gains Tax
Sales or exports (outside the territory of the European Union Members, not on a temporary basis) of precious metals, jewels, works of art, collections or antiques are subject to a flat-rate tax. This tax is payable by the Consignor.
The Consignor, a natural person residing in France, may choose the regulations of the Common Law concerning the capital gains for private individuals, provided that he justifies the date and the price of the acquisition of the goods or that he justifies that he has possessed the goods for more than twelve years. In this case, the tax is not due (with documentary evidences).
The tax is equal to 7,5 % of the selling price for precious metals and 4,5 % of the selling price for the jewels, works of art, collections or antiques. If the Consignor is residing in France for income tax, the social debt repayment contribution (CRDS) of 0,5 % is also applicable.
The sales of jewels, works of art, collections or antiques are exempted when the selling price is inferior to 5 000 €. Besides, the sales of jewels, works of art, collections or antiques are also exempted when the seller is not residing in France for income tax.
The tax is paid by Expertissim.
- the droit de suite applicable to the contemporary works
According to the article L. 122-8 of the French Intellectual Property Code, the droit de suite is payable in the conditions set at the present chapter. The tax is a right granted to artists or their heirs to receive a fee on the resale of original graphic or visual artworks. The heirs can receive royalties up to seventy years after the death of the artist.
The droit de suite is applicable to contemporary artworks sold over 750 €, that is 4 % of the selling price, until reaching 50 000 €. The percentage will be calculated on a digressive scale for objects sold over 50 000 €.
The droit de suite is payable by the Buyer.
Article 4 - Buyers
Only people legally capable are allowed to buy on the Website.
Anyone interested in an Object presented on the Website may arrange an appointment with Expertissim in order to see the Object. He may also inquire directly the Expert about the Object using the form "Contact Us".
Expertissim reserves the right to refuse any Buyer with whom an unresolved litigation exists, or who cannot provide warantees of solvency.
a. Selling Price
The selling price of the Object is the one noted on the Website when the buyer clicks the "Buy" button.
Expertissim charges a commission of 25 % (all taxes included) to the buyer, which would be paid together with the acquisition of the Object.
The commission fees and taxes in addition to the selling price are given separately on the page of each Object. They are identical for all presented Objects, except for books due to a reduced VAT rate.
The total amount does not include the shipping fees and other administrative costs (customs clearance, Export license, etc.)
b. Terms of Purchase and Payment
The Buyer has the possibility to purchase exclusively on the Website. No offer will be accepted in our office.
The Object is considered definitively acquired when a buyer agrees to purchase. However, it remains online with the mention "pending payment" until full payment, noting that if the payment is not received within 7 days after the agreement, the sale becomes null and void.
However, in case of obvious abuse, Expertissim reserves the right to continue the execution of the sale to the Buyer and take all appropriate measures to prohibit the Website to that Buyer in the future.
Payment is due and payable immediately. The Buyer can choose among the following means of payment: - online payment via credit card, once he guarantees he is authorized to use the credit card and he has sufficient funds to cover all the costs resulting from the use of Expertissim's services:
- via bank wire transfer, provided that the Buyer contact Expertissim before and send his bank details (RIB, IBAN and BIC),
- by check (cheque), issued by a French bank with compulsory presentation of a valid ID card,
- in cash, according to the regulations in force, and exclusively in the office of Expertissim.
- via Pay-Pal
The data recorded by Expertissim shall be considered as an evidence of all the transactions between the Consignor and the Buyer on the Website.
c. Price "Non Communicated" (NC)
The Buyer may choose to hide the selling price and the estimate of the Object during the purchase process. In this case the menton "NC" (for "Non Communicated") will replace the selling price and the estimate of the Object.
c. Delivery – Collect of the Object
On behalf and for the Consignor's account, Expertissim will systematically confirm via email that the price was entirely paid and that the Object may be collected.
No Object will be delivered to the Buyer before full payment of the amount due and ratification of the sale contract.
The Buyer may choose to :
- Collect the Object by appointment only from Expertissim at 10, rue d’Uzès (75002 Paris) or from the storage unit (11 boulevard Ney, 75018 Paris). If the Buyer fail to collect the Object within 15 days following the payment, he will be charged 5 € (five euros) a day (VAT included) for storage fees;
- Have the Object delivered at his own expenses. The shipping costs are paid during the purchase process.
For the deliveries and services outside the French territory, the measures provided in the Code General des Impôts regarding the VAT will be applied.
Expertissim may take care of all administrative formalities (customs, Export License ...). However, Expertissim will not be held liable for a refusal or a withdrawal.
d. Right to Withdraw
In accordance with the legislation on the Sale of Goods and the Supply of Services, and more particularly with the Article L. 121-20 of the Code de la Consommation, the Buyer-Consumer shall have 7 working days after the delivery of the Object, to cancel the purchase without any justification and without incurring any penalties, except if necessary, return shipping costs. It is specified that the legal right to cancel the purchase applies only if the Seller is a professional and the Buyer is an individual consumer.
Following the Buyer's cancellation, the refund must then be provided within 30 days. This refund will be issued using any method of payment.
Article 5 - Responsibility / Liability
Expertissim is responsible, towards the Consignor and towards the Buyer, for the representation of the price and the delivery of the Object. However, the sold Object can only be delivered to the Buyer once Expertissim has received the payment or once the Buyer has given every guarantee for the payment.
Expertissim certifies they have taken an insurance covering their professional liability. They guarantee as well to only consult Experts, that have taken such an insurance.
In this respect, the following measures, promulgated by the decree N 81-255 of March 3rd, 1981 on the repression of frauds concerning the transactions of artworks and collector's objects, are reminded:
- the designation of an artwork or object, when it is only and immediately followed by a reference to a historical period, a century or a time period, guarantees the Buyer that this artwork or object was indeed produced during the referenced period. the Buyer shall be informed if one or several parts of the artwork or object are of a later fabrication;
- unless a doubt on the authenticity is specifically mentioned, 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. And again when the artist's name is immediately followed by the title of the artwork ;
- the words "attributed to" followed by an artist name ensures that the artwork or the object has been executed during the production period of the mentioned artist and that this artists is most likely the author of the artwork;
- the word "workshop" followed by an artist's name ensures that the work has been produced in the workshop of the mentioned artist or under his direction. The mention of a workshop is inevitably followed by an indication of time, in the case a family workshop has kept the same name on several generations;
- the terms "school of" followed by an artist's name ensures that the author of the work was the pupil of the mentioned master, has been manifestly influenced by the master, or benefited from his technique. These terms may only apply to a work produced 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 mentioned, whose time period shall be specified, and by an artist who took part in this movement;
- the terms "in style of", "in the manner of " and "after", do not guarantee any particular artist identity, date of work or school;
- any facsimile, cast molding, copy or other reproduction of an artwork or a collector's object should be designated as such.
Article 6 - Personal Information
Expertissim guarantees that the information communicated by the Users on the Website will not be divulged to third parties. These are confidential. They will be used by internal services only for the execution of sale and purchase offers, to strengthen and personalize the communication notably by letters / emails, and as part of the personalization of the Website according to the preferences noted by the Users.
Therefore, Expertissim does not sell, market, or rent any information concerning the Users to third parties. Expertissim may send the Users information and advertisements from selected commercial partners once they have agreed it in the registration form.
In case of transfer or use of personal data by third parties, Expertissim guarantees to first inform the User in order he may exercise his right of objection. Expertissim may also give trusted third parties statistics regarding their Users, sales, or any information regarding the Website, but these statistics will contain no personal data.
The present article cannot prevent the transfer nor the transfer of activities to a third party. Therefore, according to the Loi "Informatique et Libertés" of January 6th, 1978, the User may exercise his right to access his file and his right of rectification or suppression of the information concerning him, by sending his request (indicating email address, last name, first name, mailing address) through the Website, in the "Contact" section, by selecting : " I wish to change my address and phone number" then " I wish to cancel my account ", or via postal mail at the following address:
10, rue d’Uzès
Article 7 - Dispute / Applicable Law
The present Terms and Conditions, in English 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 settlement.
Failing which, the French Courts only apply.