Conditions for buyers
Lords Of Rivers Auction of Exceptional Items It is important to us that our Online Sales Site is safe and reliable, which is why we have put in place rules regarding auctions on Lords Of Rivers .
These Terms for Buyers also describe and set out certain rights and obligations under the Sales Agreements that you enter into directly with Lords Of Rivers. By accepting these Terms for Buyers, you agree in advance that the aforementioned rights and obligations form part of each Sales Agreement and that you will be bound by these Terms to Lords Of Rivers. As a result, these conditions may be invoked against you and/or by you as part of the Sales Agreement. These conditions replace any terms of the Sales Agreement that would be inconsistent with them.
Article 1: Buy One/More Lots
Before bidding on a Lot, make sure you are aware of the following:
- You enter into a Lords Of Rivers Sales Agreement. If your Offer is the highest at the close of the Online Auction, you will automatically enter into a Sales Agreement with Lords Of Rivers, Seller of the Lot for the amount of the Purchase Price. However, if Lords Of Rivers has set a Reserve Price and your Offer is lower than the Reserve Price, no Sales Agreement will be entered into.
- We do not charge any fees for your use of our Services.
- The Buyers must pay the shipping or transport costs and, where applicable, the additional import costs (such as VAT, import taxes). You also acknowledge and agree that it is your responsibility to verify whether there are specific laws or restrictions applicable to the importation of an object into your country. Lords Of Rivers will not be responsible for these specific laws or restrictions.
Article 2: Paying for Lots
If you are the best bidder on a Lot at the close of a sale for that Lot and your Offer has reached the Reserve Price, you will automatically enter into the Sales Agreement with Lords Of Rivers on that Lot. You will pay the Lot in accordance with our instructions and the payment terms below.
- After winning your Prize, you have three (3) days to settle it. Within three (3) days of the close of the Online Auction, you are required to pay (i) the Purchase Price and shipping or transportation costs (if any) to the Lords of Rivers. You are responsible and liable for all fees (such as bank charges), taxes (such as withholding taxes and VAT), duties and levies due in connection with these payments.. You must ensure that Lords Of Rivers receives the full Purchase Price and shipping or transportation costs (if applicable).
- You guarantee that your purchase is legitimate. You warrant that you do not purchase the Lot as part of a fictitious or illegal transaction and that you and/or third parties are not engaged or involved (directly or indirectly) in an activity that may involve money laundering in any form or manner. Lords Of Rivers is required to comply with all applicable laws, regulations and sanctions relating to money laundering and terrorist financing. These laws and regulations require us to prevent money launderers from using our Online Sales Site as a channel for their illegal activities and to identify and report suspicious transactions.
- No violation of the law. You do not have the right to use a financial institution or other third party that would or would result in a breach of the laws applicable to one of the parties, including the laws and regulations relating to economic sanctions applicable to Lords Of Rivers.
Article 3: Delivery
- As soon as you have paid for everything, we will arrange delivery of your Lot For most Lots in our Online Auctions, Lords Of Rivers will send the item(s) to the address associated with your Account. For consignments subject to obtaining a Cites for export, the consignment will be made once the Cites has been obtained from the competent authorities in France, the time for obtaining a Cites for export does not depend on Lords Of Rivers , and may extend over several months . In no case may this delay serve as a pretext for the cancellation of the sale and serve as a basis for the calculation of any late payment. The very fact of bidding on an object is valid for the full acceptance of this possible delay.
- Make sure your delivery address is correct. Lords Of Rivers will send your Lot to the address indicated in your Account. The address must be a physical address and cannot be a PO Box.
- Drop shipping is not permitted. You cannot choose to receive a Lot through what is called “drop shipping”, that is, by indicating a third party such as your shop or business, a logistics centre or a post office box in order to receive delivery on your behalf.
- If there is a proven problem with the package such as a deterioration of the packaging, a package appears to have been opened. You must refuse the package with the carrier indicating the reason for the refusal (deterioration), any subsequent complaints will not be taken into account. The acceptance of the package delivered against signature, puts an end to all possibilities of complaints.
Article 4: Breach of Your Obligations to Lords Of Rivers
If you do not fully and in due time fulfill your obligations to the Lords of Rivers under the Agreement of Sale, you will be in default and the Lords of Rivers will be entitled to terminate the Agreement of Sale. We may send you a notice of default and a notice of termination. In the event of termination of the Agreement of Sale, you shall indemnify the Lords Of Rivers for its damages, without prejudice to any other right of Lords Of Rivers.
Article 5: Breach of Your Obligations to Lords Of Rivers bis
If you do not fulfill your obligations to Lords Of Rivers under the Terms of Use, we may decide to cancel the transaction of the Lot concerned. This cancellation does not amount to a termination of the Agreement of Sale and Lords Of Rivers is free to assert its rights under the Agreement of Sale directly with you. If we cancel the transaction, we may hold you liable for any damages and costs we incur and/or incur as a result of the cancellation.
Consequences of your failure to comply with our Terms of Use
In addition to the provisions of our Terms of Use, (i) to comply with applicable laws (including laws and regulations relating to economic sanctions applicable to Lords Of Rivers or if (ii) you have violated our Terms of Use, or (iii) if we are informed of any problems related to your conduct or behavior or (iv) if we believe in good faith that they are necessary to protect our Online Sales Site, other Users, or that it is in the general (public) interest (v) to prevent fraud or other illegal activities), we may take one or more of the following measures:
- Temporarily or permanently limit your access to our Online Sales Site or your authorization to bid and/or sell Lots;
- Temporarily or permanently revoke any special status associated with your Account;
- Temporarily or permanently limit your access to your Account;
- If you (i) have not provided accurate banking or identification information at our first request within a reasonable time, (ii) you have been reported by our supplier or payment service providers, or (iii) if you have not passed the PIP checks or a sanctions checklist check, or (iv) if Lords Of Rivers determines or is otherwise ordered by any competent authority that it would be prohibited or subject to sanction under the Economic Sanctions Acts and Regulations applicable to Lords Of Rivers to provide you with Services, you will be in default and (a) any payment (including a refund) may be withheld or (b) you will lose the right to receive a payment (including a refund);
- If you paid a Lot with your credit card and, even if the Lords Of Rivers was not in default, you successfully filed a chargeback request, we are entitled to (i) block your Account, (ii) clear any claim we have against you, (iii) block any future payments (including refunds) and (iv) initiate legal proceedings against you;
In the event of termination of our agreement or suspension of access to your Account while you still have certain obligations to Lords Of Rivers under a Sales Agreement, we may cancel the transaction(s) in our system.
Article 6: Right of withdrawal Auctions
Whatever your place of residence the French law on auctions applies. Namely the absence of withdrawal rights for auctions.
However, there are a number of exceptions to this principle that apply to many transactions in the art world, including fairs and fairs and auctions. The absence of a right of withdrawal for auctions is obvious because of the very structure of the sale and the conclusion of the contract with the last bidder.
Article 7: Your Lords Of Rivers Account
Before you can use our Services, you will need to create a Lords Of Rivers (“Account”) account. In principle, and to the extent permitted by applicable laws, including laws and regulations relating to economic sanctions applicable to Lords Of Rivers, any person may register on Lords Of Rivers. However, if you are not of legal age or are legally unfit, you must obtain permission from your legal guardian. Below are the rules for using your Account:
- Provide accurate information. When you create your Account, you must provide complete and truthful information about your person or company. It is prohibited to provide false information, impersonate another person or company through your Account, or use your Account on behalf of another person to circumvent our Terms of Use or Policies. You must keep your Account information up to date at all times. Lords Of Rivers shall not be liable for any damage resulting from false or inaccurate information provided by a User.
- Restrictions on your Account. In order to ensure the security and reliability of our Online Sales Site, we reserve the right to (i) deny you the ability to create or delete an Account, (ii) restrict or limit the use of your Account, (iii) terminate your Account, and (iv) to terminate your right of access to your Account.
- Restrictions on Accounts related to you. In addition to the foregoing, we may also suspend, restrict or terminate your use of our Online Sales Site through all other Accounts you use, are related to you or are used as directed by you (“Related Accounts”). We can assume that an Account is a Linked Account if we can manually or automatically match enough common data points to the two Accounts. Therefore, we may take any of the safeguards listed in the Seller’s Conditions and/or the Buyer’s Conditions, against all Related Accounts. In the event that you disagree with our findings, you will be responsible for proving that the Accounts in question are not Related Accounts.
- If you violate our Terms of Use, you no longer have the right to use our platform or register. If we have restricted, limited, suspended or terminated your Account in accordance with our Terms of Use, you no longer have the right to register with a new Account or to access and use our Online Sales Site through another User’s Account.
Article 8: Auction Rules
In order to ensure that our Online Auctions are conducted properly and that there is no interference, immoral, fraudulent or illegal behavior or behavior contrary to our Terms of Use, the following rules apply:
- Our instructions are binding. You will comply with all reasonable instructions and instructions that we give or that are given on our behalf regarding our Online Auctions. In the event of a situation not covered by our Terms of Use, dispute or other irregularities, we will decide on the procedure to be followed.
- Any auction offer is binding. Each offer submitted in our Online Auctions through the automated process or automated procedures that we have in place (“Offer”) is binding and any Offer made from your Account will be deemed to have been made by you, even if the Offer is made by another person using your Account.
- Online Auctions close when time runs out. If an Offer is placed during the last minute of an Online Auction, additional time will be added to the sale.
- We may require certain forms of warranty before accepting your Offer. You may be asked to provide an additional bidder guarantee before you can bid on a Lot, for example, by providing information about your credit or debit card so that your Offer can be correctly confirmed or by providing a payment guarantee in another way.
- Specific or additional conditions may apply to certain purchases. Specific or additional conditions as well as requirements regarding admission and/or legal age may apply to the purchase and/or (placing) sale of some that are protected by cultural heritage legislation or (parts of) plants and animals.
- We may terminate your participation in an Online Auction. We are entitled to temporarily suspend or permanently deactivate your ability to bid on certain Lots or Online Auctions at any time (before, during and after an Online Auction).
- We may delete an Offer from an Online Auction. We have the right, at our own discretion, to withdraw an Offer from an Online Auction if we deem it necessary, for example in the event of abuse, fraud or error.
- We may withdraw a Lot from an Online Auction. We are entitled, at our own discretion, to withdraw a Lot from a scheduled or ongoing Online Auction, if we deem it necessary. If we withdraw a Lot, all Offers placed will also be deleted.
- We can extend the Online Auctions/Lots. In exceptional circumstances, but at our sole discretion, we may extend an Online Auction or Lot so that the Sale will close another day or time.
- We may, in exceptional circumstances, terminate a Sales Agreement. In exceptional circumstances, including, but not limited to, force majeure, situations of (suspected) fraud or illegal activity, errors or malfunctions of our Online Sales Site or situations in which there is a risk of serious negative consequences for Lords Of Rivers or one of our Users, Lords Of Rivers has the right to terminate a Sales Agreement, without any (Notice of) failure to fulfil obligations or other formal requirement is required. You irrevocably agree that Lords Of Rivers has this (third party) right under the Agreement of Sale and that this right may be invoked against you. In addition, you give Lords of Rivers an irrevocable power of attorney to invoke this right.
Article 09: Availability of our Online Sales Site
Lords Of Rivers has the right, at any time and without notice, to make procedural, technical, commercial or other changes and/or improvements to our Online Sales Site. We are also authorized to take our Online Sales Site (temporarily) out of service and/or limit the use of our Online Sales Site if, (a) in our opinion, this is necessary (for example, as part of a reasonably necessary maintenance of the Online Sales Site); or (b) in the event of force majeure, and in both cases (a) and (b), without any liability for any damage and without any obligation to pay any (form of) compensation.