Common use of DIGITAL SALES Clause in Contracts

DIGITAL SALES. a) Digital auctions have a limited duration, with a start time and date, and end time and date. They are conducted in euros. During this period, Artcurial SAS is answering any questions future bidders might have about any lot included in the online sale. Such questions must be sent exclusively by email to the administrator responsible for the sale, up to 2 hours before the sale’s closing. b) Prior to registration on the Artcurial Live website, bidders must have read and accepted the terms and conditions of purchase that detail all Parties’ obligations. By clicking on “I accept the terms of use of the site”, bidders confirm they have read and unconditionally accept these terms and conditions, prior to entering into a contract. Therefore, bidders acknowledge they are fully cognisant of the fact that their agreement to the contents of these terms and conditions does not require the hand-written signature of this document, insofar as they wish to bid online on the Xxxxxxxxx.xxx website. Bidders confirm that these terms and conditions are fully applicable to them. c) Bidders must register in advance to be able to bid. Artcurial SAS may ask any potential bidder to provide a copy of a national identity document (passport, national identity card or US driving licence) and, in any event a proof of address. Artcurial SAS reserves the right to request additional information or documentation. Until receipt of the email confirming registration by Artcurial SAS, the potential buyer will not have access to the online auction platform. Furthermore, Artcurial SAS reserves the right to deny any purchaser access to its online sale site for justified reasons. d) Any bid registered and confirmed on the platform, may result in such item being declared sold to the highest bidder. The simple fact of making and confirming a bid is effectively binding, since ownership of the item is transferred once the sale is closed. The successful bidder will be the person who has made the highest bid, provided that it is equal to or above the reserve price. The successful bidder becomes the owner of the item at the closing time and date of the sale. Within two hours after the sale, the contractor will receive an email confirming the winning bid, along with its invoice. All bidders are required to check their emails and SPAM. Conversely, Artcurial SAS will not be obliged to inform unsuccessful bidders by email or telephone. The contractor can receive the acquired lot after full payment of the invoice. e) Any bidder undertakes to pay the hammer price plus buyer’s charges, personally and immediately. All bidders act solely for their own account. f) If Artcurial SAS receives several instructions for identical bid amounts, the earliest instruction received and confirmed will have preference. Artcurial SAS cannot be held liable in the event of a technical problem on its platform which would result in an error or omission in performing an instruction sent by a buyer. g) When a reserve price has been stipulated by the seller, Artcurial SAS reserves the right to award the lot to the buyer who has made a bid at least equal to the reserve. The seller is not authorised to bid on his lot or through a third party. The reserve price cannot exceed the low estimate indicated in the catalogue or amended publicly before the sale. h) Artcurial SAS will conduct the online sale in an ethical and discretionary fashion, ensuring freedom of bids and equality between all bidders. In the event of a dispute, Artcurial SAS reserves the right to cancel or put the lot back up for sale.