Terms and Conditions ("Terms")
Last updated: 1st September 2015
- 1.1. Through its website http://www.auctionclub.com (the “Website”), Auctionclub SARL ("Auctionclub”, “us", "we", or "our") offers services (the “Services”) allowing its members a centralized overview of all upcoming auctions and their respective lots relating to contemporary, modern and impressionist art, jewelry and design. Members can moreover save lots and specific artist searches and have a single repository of all lots they have viewed or showed interest in.
- Registration and Acceptance of Terms
- 2.1. In order to use the Services, you will need to create an account and submit a membership request. Auctionclub reserves the right to refuse in its sole discretion your membership request.
- 2.2. Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. If you disagree with any part of the Terms then you may not access the Services
- 2.3. By accepting these Terms, you hereby enter into an agreement made between you and Auctionclub, a Luxembourg limited liability company (société à responsabilité limité) having its registered office at [address] and registered with the Luxembourg register of commerce under number [number], and with VAT number [insert VAT number] and business license number [insert business license number].
- 2.4. A copy of the Agreement concluded between you and us will be electronically stored by us during the entire existence of the contractual relationship.
- 2.5. The Terms may change over time. In such case, Auctionclub will send you an e-mail containing the modified Terms, following which, your continued use of the Services will be deemed to constitute your agreement to be bound by the amended Terms.
- 2.6. This Agreement is only available in English. If you do not understand English you should be sure to have correctly understood all terms hereunder before clicking on the “I accept” button.
- No Withdrawal Right²
- 3.1. You provide your explicit consent to the immediate commencement of your membership, once your membership request has been activated by Auctionclub. This will allow you to directly access the Services and you acknowledge that, in accordance with Article 16 of the European Directive 2011/83/UE of 25 October 2011 on consumer rights that might apply as the case may be, you hereby lose your right of withdrawal.
- 4.1. The information provided when creating an account must be accurate, complete, and must be kept up to date at all times thereafter. Failure to provide us with such information or to keep your information up to date constitutes a breach of the Terms, which may result in immediate termination of your account on our Website.
- 4.2. Membership is strictly personal to the individual or legal entity having subscribed to the Services. Where a membership allows for multiple logins, the logins are strictly personal to the registered user of such login. It is not allowed to transfer your membership or login or to allow anyone other than the registered user to access the Services through your login. In this context you are responsible for any activity that occurs on your account and you shall safeguard the confidentiality of the password that you use to access the Services. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
- 4.3. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Right of Use
- 5.1. In consideration for the membership fees paid, Auctionclub hereby grants you a limited, revocable, non-sub-licensable right to use the Services.
- 5.2. You agree to use the Services, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the services or content therein. You agree not to reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, content and information contained on or obtained from or through the Services without express written permission from Auctionclub and its licensors. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Website; use any robot, spider, scraper or other automated means to access the Website; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Website; insert any code or product or manipulate the content of the Website in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Website, including any software viruses or any other computer code, files or programs.
- 6.1. If you wish to order any product or service made available through the Services ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
- 6.2. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
- 6.3. By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
- 6.4. We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
- 6.5. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
- Availability, Errors and Inaccuracies
- 7.1. We are constantly updating our Website. We may however experience delays in updating information on the Services and in our advertising on other websites.
- 7.2. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
- 8.1. Our Website allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Website, including its legality, reliability, and appropriateness.
- 8.2. By posting Content to the Website, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Website. You retain any and all of your rights to any Content you submit, post or display on or through the Website and you are responsible for protecting those rights.
- 8.3. You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
- Copyright Policy
- 9.1. We intend to respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes the copyright or other intellectual property infringement ("Infringement") of any person.
- 9.2. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Website, you must submit your notice in writing to the attention of "Copyright Infringement" of [email protected] and include in your notice a detailed description of the alleged Infringement.
- 9.3. You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing your copyright.
- Links To Other Web Sites
- 10.1. Our Website may contain links to third-party websites or services that are not owned or controlled by Auctionclub.
- 10.2. Auctionclub has no control over, and assumes no responsibility for, the content, the terms and conditions, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that Auctionclub shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
- 10.3. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
- Term and Termination
- 11.1. You can opt for an initial membership term (the “Initial Term”) of (i) one month or alternatively (ii) one year. In both cases the membership will upon the expiration date of the Initial Term automatically be renewed for recurring periods equal to the Initial Term.
- 11.2. In case you wish to terminate your membership you can do so by deactiving your account in the user settings section. Your account will be deactivated upon the last day of the current billing cycle.
- 11.3. Auctionclub may terminate or suspend your account immediately, without prior intervention of a court, in case you breach the Terms. In such case your right of use will immediately cease.
- 12.1. Unless otherwise provided by mandatory consumer laws, your use of the Services is at your sole risk. The Services are provided on an "AS IS" and "AS AVAILABLE" basis. The Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
- 12.2. Auctionclub, its subsidiaries, affiliates, and its licensors do not warrant that a) the Website will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Website is free of viruses or other harmful components; or d) the results of using the Services will meet your requirements.
- Limitation Of Liability
- 13.1. Auctionclub, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Website; (iii) any content obtained from the Website; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
- 13.2. Auctionclub’s total aggregate liability shall in any event be limited to the membership fee paid and payable during the three (3) months preceding the event giving rise to damages.
- Governing Law and jurisdiction
- 14.1. These Terms shall be governed and construed in accordance with the laws of Luxembourg, without regard to its conflict of law provisions.
- 14.2. Unless otherwise provided by mandatory consumer laws, any dispute arising in connection with the Services shall be brought before the courts of Luxemburg.
- 15.1. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
- 15.2. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
- 15.3. These Terms constitute the entire agreement between us regarding our Services, and supersede and replace any prior agreements we might have between us regarding the Services.
If you have any questions about these Terms, please contact us:
Auction Club Sarl
48, Boulevard Grande Duchesse Charlotte