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Article 1 – Purpose

The General Terms and Conditions of Sale (‘GTCS’) described below detail the rights and obligations of the company Anticstore and of its client (the ‘Client’ or the ‘Advertiser’) within the context of the services sold (the ‘Services’) by the former and purchased by the latter.
Any Service performed by Anticstore implies the Advertiser's acceptance of these GTCS without reservation.

 

Article 2 – Définitions

Article 3. – Content of the services

Services consist of the provision of a space for the Advertiser on the Website www.anticstore.com (Gallery for Antique Dealers, Directory for Antique Dealers and Artisans, etc.).
This space includes the services included in the subscription to which the Advertiser has subscribed.

 

Article 4. – Rights and obligations of the Advertiser

The Advertiser must acknowledge and comply with the General Terms and Conditions of Use (the ‘GTC’) of the Website as well as these GTCS.
The Advertiser who has subscribed, for the provision of a gallery and publication of a Catalogue of Items, is therefore a professional of the antiques industry, statistic code INSEE 47.79Z2 (formerly NAF 525ZB) or a related party, duly registered as such and fulfilling his/her statutory and tax obligations vis-à-vis the French administrations. In the event of a breach of this obligation, this will result in the immediate termination of this contract without reimbursement of the sums paid and without prejudice to possible damages that could be claimed by the publisher of the Website.
Anticstore accepts no responsibility for the origin or ownership of the Items offered for sale by the Advertisers. The Advertisers are responsible for having all the rights necessary for the sale of the Items in the Advertisements that they publish on the Website.
The advertisements that the Advertiser wishes to publish must be related to the field of antiques and old collectibles.
The market value of an Item that is the subject of an Advertisement must be greater than 1000 euros including VAT (excluding ancillary costs, such as: expertise, transport, packaging, etc.).
The price mentioned on the Website and associated with an Item, the subject of the advertisement, must be consistent with the market value of this Item. This price cannot be higher than that mentioned on any other Website used by the Advertiser to sell or present the same Item.
If the Advertiser uses any other Website, French or foreign, on which he/she displays his/her sale prices (fixed price or range), the Advertiser is obliged to report all the prices of his/her Items on the Website.
The Advertiser keeps the data associated with the Items offered for sale up to date, directly on the Website. Typically, he/she indicates the items sold or reserved within one (1) week of their sale or reservation, regardless of the channel of sale or reservation.
The Advertiser certifies that his/her advertisements comply with all legal and regulatory provisions in effect in France and respect all third-party rights, especially as regards intellectual property. As a result, the Advertiser indemnifies Anticstore, its subcontractors and suppliers against any liabilities, and guarantees them against any judicial and extrajudicial costs resulting from any recourse in connection with the distribution of his/her advertisements, and indemnifies them against any damages resulting from breach of this provision.
Without prejudice to the application of the preceding clause, and without this creating an obligation for it to verify the content, the accuracy or consistency of the content of the advertisements, Anticstore reserves the right to modify, delete or reject, at any time, an advertisement or a business card for any legitimate reason, and in particular any text elements (words, expressions, phrases, etc.), photos or images that seem to be contrary to legal or regulatory provisions or to good morals, are likely to disturb or shock readers, or have an offensive or defamatory nature.
Commercial transactions performed using the Website, by the Advertiser, are the full responsibility of the Advertiser. In no case may liability proceedings be brought against the Website in case of a dispute or failure to pay following a commercial transaction initiated from the Website.
The Advertiser agrees to comply with all French regulations applicable to the distribution of information and services on the Internet, and with the mandatory provisions intended to ensure the protection of public order, so that Anticstore cannot be held liable in any case.

 

Article 5. – Rights and obligations of Anticstore

Anticstore makes human and technical resources available to the Advertiser so that the Advertiser can develop his/her offerings on the Website.
If the Advertiser requests the translation services offered by Anticstore, the latter is not responsible for the accuracy or quality of the information reported by the Advertiser. Anticstore’s obligation to translate remains an obligation of means, and in no case an obligation of results.
In order to ensure overall cohesion and a consistent offering, Anticstore reserves the right to remove or block any advertisement:

Anticstore reserves the right to perform audits or queries to assess the accuracy of the descriptions associated with Items that are the subjects of the published advertisements.
Anticstore reserves a discretionary right of publication or deletion of any advertisement proposed by an Advertiser. In particular, if the conditions stated in the GTC or in these GTCS are not met.
Anticstore reserves the right to remove, after unsuccessful reminder, any Advertiser who fails to comply with his/her obligations to have up-to-date and accurate advertisements, as mentioned herein.
The Website reserves the right to notify the competent authorities if it believes that an advertisement may be illegal.

 

Article 6. - Publication on the Internet

The parties agree that the contract is formed as of the receipt of payment
The Advertiser acknowledges being the sole and exclusive author of the text contained in his/her advertisements and, if applicable, in the presentation of his/her company in the directory. Failing this, the Advertiser declares having all the rights and authorisations necessary for the publication of the information which he/she communicates via the Website.
The Advertiser’s advertisements and business card are published under the exclusive liability of the Advertiser.
The Website may suggest correction of spelling or syntax errors that would adversely affect the quality of the advertisements and incidentally the Website.
The Website reserves the right to publish or not publish an advertisement, but in any case, the Advertiser remains fully responsible for all information he/she has placed on the Website.

 

Article 7. – Prices

The prices of services sold are those in effect on the day of the order. They are stated in euros and calculated excluding VAT. Therefore, the VAT rate applicable on the day of the order will be added to the prices.
Anticstore has the right to change its rates at any time. However, it agrees to invoice services ordered at the prices indicated during registration of the order.

 

Article 8. – Discounts and commercial discounts

The rates offered include the discounts and commercial discounts that Anticstore would be required to award.

 

Article 9. – Payment methods

Payment for orders may be made:
• By cheque;
• By direct debit;
• By online payment

 

Article 10. – Late payment

In case of failure to pay for part or all of the services provided, the Advertiser must pay Anticstore a late payment fee equal to three times the legal interest rate.
The legal interest rate used is that in effect on the day of provision of services. As of 1 January 2015, the legal interest rate will be revised every 6 months (Order No. 2014-947 of 20 August 2014).
This late payment fee is calculated on the amount including VAT of the total remaining due, and runs from the due date of the price without any prior notice being required.
In addition to the late payment fee, any sum not paid on its due date will automatically lead to the payment of a lump sum of 60 euros due for collection costs.
Articles 441-6, I paragraph 12 and D. 441-5 of the French Commercial Code


Article 11. – Term of the contract

The subscription for the right to enter and all Services related to this right are concluded for the term mentioned on the order form and/or the invoice exchanged between Anticstore and the Advertiser. At the end of the term of the contract, the data uploaded by the Advertiser onto the Website will remain available (but not published) for a period of one (1) month, after which Anticstore reserves the right to delete them, if there is no new subscription, without the Advertiser being entitled to any damages.

 

Article 12. – Regulatory developments

In case of amendment or development of French laws, this is immediately applicable.
If the amendment of this legislation was intended to render impossible the execution of the contract by one of the parties, the latter must inform the other party by registered letter with acknowledgement of receipt.
In the even that this legislation results in prohibiting the publication of the advertising material on the Internet, rendering the service impossible, the contract will be terminated, without any compensation between the parties.

 

Article 13. – Liability

Neither the Advertiser, party of the first part, nor Anticstore, its subcontractors or suppliers, party of the second part, may be held liable for any delay, default or other breach of their obligations hereunder that (1) results, directly or indirectly, from an event beyond their reasonable control, and (2) could not be avoided by means of precautionary measures, alternative solutions or other commercially reasonable means.
Neither the Advertiser, party of the first part, nor Anticstore, its subcontractors or suppliers, party of the second part, may be held liable for delays or inabilities to fulfil their contractual obligations related to destruction of equipment, computer attacks or piracy, deprivation, removal or prohibition, temporary or permanent, and for any reason whatsoever – including breakdowns or unavailability inherent to the hosting servers – of access to the Internet.
The texts and advertisements appear under the sole liability of the Advertiser, Anticstore being released from all liability. The Advertiser agrees to indemnify Anticstore against any damages suffered in this respect and guarantees it against any action in connection with these listings.
Anticstore disclaims any liability whatsoever for indirect damages such as loss of profits, commercial or financial loss, consequential loss as a result of a third-party claim or loss arising out of or as the result of this contract, even when Anticstore was previously notified thereof, as well as damages caused to persons or property other than the subject matter of the contract.
In any case, in the event that Anticstore’s liability is incurred in any way whatsoever, the total amount of compensation that the Website may be required to pay to the Advertiser cannot exceed the amount received by Anticstore under this contract, regardless of the legal basis of the claim and the procedure used to bring it to a successful conclusion.

 

Article 14. – Insurance

Anticstore is the holder of an insurance policy guaranteeing the financial consequences of its civil liability. The Advertiser must reciprocally be insured for the consequences of its civil liability toward Anticstore, its staff and any subcontractors

 

Article 15. – Force majeure

The liability of either party cannot be incurred if the execution of the contract is delayed or prevented by reason of force majeure or an act of God, due to the other party or a third party or external causes such as social conflicts, civil or military intervention, natural disasters, fires, water damage, interruption of the telecommunications network or the electrical power grid.

 

Article 16. – General provisions

17.1. – Entire agreement

The parties recognise that these GTCS are the entirety of the agreement between them and replace any other prior offer, provision or agreement, written or verbal.

17.2. – Amendment of the contract

No subsequent document or amendment of the contract in any form will have any effect between the parties unless it is in the form of a signed and dated addendum.

17.3. – Nullity

If any of the provisions of this contract become void in light of a legal rule in effect or a judicial decision rendered final, it would then be deemed null and void, without invalidating the contract or altering the validity of its other provisions.

17.4. – Waiver

The fact that either party does not claim the application of any clause of the contract or consents to its non-execution, whether permanently or temporarily, will not be construed as a waiver by that party of their rights arising from that clause.

17.5. – Legal address

The parties elect domicile at the addresses appearing on the first page of the contract.

17.6. – References

The Advertiser authorises Anticstore to mention his/her name on a list of references that may be distributed to its clients, prospective clients or partners.

 

Article 17. – Company contact information – Legal statements

17.1. – Customer service

For any information or questions, contact Anticstore Customer Service:
• Email: contact[azt]anticstore.com
• Telephone: +33 (0)9 54 42 31 29
• Post: Anticstore – 94, Boulevard Barbès - 75018 Paris - France

17.2. – Anticstore

Société par Actions Simplifiée [joint stock company] with capital of 130,000 euros
Registered in the RCS de Paris [Paris Trade and Companies Register] under number 810 317 164
Represented by Bertrand Morel, as CEO
Company Headquarters located at 94, Boulevard Barbès - 75018 Paris - France

17.3. – Applicable law and disputes

Any disputes which may arise in connection with the interpretation, acceptance and execution of these GTCS, regardless of the place of subscription, or settlement, will be the subject of an attempt to reach an amicable settlement, which the parties undertake to seek. If this is not accomplished within three (3) months, the court of PARIS will have sole jurisdiction, even in the event of multiple defendants or the introduction of third parties, for emergency or protective measures in a summary procedure or petition. These general terms and conditions are subject to French law which determines, on a case-by-case basis, the applicable law. In the absence of any mandatory provisions to the contrary or in the presence of a choice in determining the applicable law, French law will be applied.

 

Version of 23 February 2017