The following Terms and Conditions of Sale, called below “General Terms and Conditions” define the ways and means according to which Denco-Auction, SARL (LLC) with a capital stock of 10,000 euros, registered under number 812 309 201 on the trade and companies register in Epinal, whose headquarters are located at 2 Place Jeanne d’Arc – 88500 MIRECOURT – FRANCE, owner of the website Via Mobilis Auctions, connects the professional users within the framework of brokerage auctions.
The Denco-Auction company is not an auction firm referring to articles L.321-2 and subsequent of the French Commercial Code. Denco-Auction does not own any of the goods offered for sale or sold on its website, and the company is not involved in any way in the transaction between sellers and buyers. The sale process is concluded exclusively and directly between the seller and the buyer. Denco-auction company’s only function is that of content host.
The website Via Mobilis Auctions is only dedicated to companies and professional buyers and not to private individuals.
2.1 Using the Denco-Auction's website is subjected to acceptance, without reservation, of these Terms and Conditions. Consequently, the User declares and acknowledges being aware of these Terms and Conditions, and commits to fully observe them. Besides, the User acknowledges being perfectly informed that his/her agreement concerning the content of these Terms and Conditions does not require his/her hand-written signature. The User can save or print these Terms and Conditions by using the features of their browser and their computer.
The Denco-Auction’s services are only dedicated to people legally capable of taking out a contract under the French law. If the User does not respect the current Terms and Conditions, Denco-Auction has the right to stop their access to the different services the company provides.
2.2 These Terms and Conditions may be modified by Denco-Auction at any moment. Therefore, the User is advised to regularly check the Terms and Conditions, available at any time on Denco-Auction's website.
If the Terms and Conditions are modified, the practicable version of the contract made with the User shall be the version he/she first agreed to. The current Terms and conditions were updated on 02-01-2016. This edition cancels and replaces any previous versions.
Article 3: Description of the service provided
3.1 The Internet user, having fulfilled the access conditions to the sale (see below Article 8: Seller's obligations) is the only one who has the right to offer packages for sale on Denco-Auction's website.
In order to offer his lot for sale on Denco-Auction's website, the Seller must fill in and submit the forms at his/her disposal to provide every detail concerning the lot (pictures, descriptions, technical features, information about the condition of the lot, the minimum price expected called the "reserve price", the recoverability of the VAT, etc.).
The Seller is the only person reponsible for the information provided concerning the packages offered for sale. By submitting the forms, the Seller certifies that the information he provided is true and correct.
The Seller may not bid on a package he owns.
3.2 Denco-Auction sets the starting bids of the lots and registers them for the coming sales. Once it is registered for a sale, the lot is released onto Denco-Auction's website.
The prices displayed on Denco-Auction's website are stated in euros, and include the purchasing fees.
Denco-Auction has the right, before or after the beginning of the bids, to withdraw a lot from sale if there is any litigation or dispute concerning the lot.
Denco-Auction has the right to refuse any bid which appears to be, for whatever reason, questionable.
3.3 Only the Internet user who has fulfilled the access conditions to the auction (See Article 6 below: Access to the auction) has the right to bid.
The Bidder declares that he/she has read the qualitative and quantitative features of the lot, as well as every detail he/she may need to purchase the lot, before bidding on any lot on Denco-Auction's website.
Bidding online is a contractual commitment to buy, with all the legal consequences implied.
To be considered as legitimate, the bid must be equal to or higher than the starting bid or to the current bid announced on the detailed presentation page of each lot. Furthermore, an automatically bid increment is set by Denco-Auction depending on the ongoing bids.
If two Bidders bid at the same time, only the first one received by Denco-Auction's website will be acknowledged. The second Bidder will be informed that his/her offer has not been retained, and he will then be able to reiterate his/her bid.
The time taken into account for the auction period shall be the legally recognized time of the Paris Observatory, mentioned on Denco-Auction's website. The Users are advised to pay particular attention: auctions displayed on screen can be out of synchronisation with universal time, depending on the User's computer set-up.
3.4 Once a bid is accepted by the Seller, the sale will be considered as agreed. Neither the Buyer nor the Seller may retract, except when required by law. Then, the Buyer and the Seller must follow the obligations provided in these General Terms and Conditions.
Article 4: Registration Conditions
4.1 Denco-Auction's website is dedicated only to companies and professional buyers legally capable of taking out a contract under the French law.
4.2 To make a registration request, the User must complete the registration form, choose his/her personal password, send copies of the documents required by Denco-Auction (the list of documents available on Denco-Auction's website), and agree to these General Terms and Conditions. In this respect, the User declares giving exact, complete and current information. The User also undertakes to inform Denco-Auction about any modification concerning the information he provided, so Denco-Auction can permanently have available complete and updated information.
4.3 During the registration, the User chooses a password, but no "password confirmation" will be sent by email. Login information remains confidential, personal and cannot be transfered or given to third parties.
4.4 Denco-Auction checks the information provided by the User during the registration, and sends him/her a confirmation email once his/her registration is approved. This approval is called "Pro Certification" on Denco-Auction's website.
Article 5: Access to Auction
5.1 The access to auction on Denco-Auction is only dedicated to Users whose registration has been approved (Users "Authenticated Pro" by Denco-Auction). A User who wishes to bid must first sign in on Denco-Auction's website by using his login information.
5.2 The Bidder undertakes to Denco-Auction's website to assure the confidentiality of his login information.
5.3 Any bid registered on our server, thanks to valid login information, will be deemed to be authentically and legitimately issued by the holder of this information.
5.4 The User agrees, without reservation, to these General Terms and Conditions before being granted access to the online auction.
5.5 The User accepts to provide a €100 (tax incl.) direct debit authorization: before being granted access to the online auction. This direct debit authorization will be activated only if (i) the Bidder wins the auction and is chosen as Buyer (see details below in Article 6: Purchasing commission), and (ii) if he/she does not respect the Buyer's obligations detailed below in Article 7.
Article 6 : Purchasing fees
6.1 Denco-Auction company charges some purchasing fees. These are to be paid by the Buyer. The amount of the fees is calculated on the amount of the lot sale price: 0% (tax excl.) of the sale price (tax excl.) per lot, with a minimum of €0 (tax excl.) per lot.
6.2 If the amount of the fees owed is lower than or equal to €100 (tax incl.), it is direcly received through the direct debit authorization the Bidder has previously provided.
6.3 If the amount of the fees owed is higher than €100 (tax incl.), the first part of the amount is directly received, as an advance payment, through the direct debit authorization the Bidder provided, to the amount of €100 (tax incl.). The difference, still owed, has to be paid online by debit card or bank transfer.
6.4 The VAT is to be paid by clients liable for VAT, settled on transaction.
6.5 The Buyer accepts to receive invoices in pdf format, electronically signed.
6.6 If the Buyer does not respect his/her obligations (see Article 7 below), the sale shall be annulled. The Seller can then put the lot back on sale, however the purchasing fees shall still be paid by the Buyer.
Article 7: Buyer's Obligations
7.1 The Buyer shall pay, in its entirety, the purchasing fees owed to Denco-Auction within a 3-business-day period from the date the sale was concluded.
7.2 In cases of late payment, a charge equal to 3 times the legal interest rate will be required, and a lump sum allowance of €40 as recovery cost will be applied (Article L.441-6 of the French Commercial Code).
7.3 When the purchasing fees are received in its entirety, Denco-Auction shall provide a "Collection Order" to the Buyer, which contains the main features of the lot, including the Seller's contact details. The "Collection Order" is not a contractual document, and does not undertake either the transfer of ownership or the transfer of risk, between the Buyer and the Seller.
7.4 The Buyer shall pay the sale price of the lot in its entirety to the Seller, and commit to take away his/her lot within a 7-business-day period max. from the date the sale was concluded. Denco-Auction advises, as the preferred means of payment, a SWIFT check. In the case of failure to comply with this article, the sale shall be annulled, and the Seller may then put his/her lot back on sale. However, the purchasing fees shall still be paid to Denco-Auction.
7.5 The buyer shall be responsible for collecting the lot. Failing that, the sale will be annulled, ipso jure and without summons, in favor of the Seller, in accordance with Article 1657 of the French Civil Code.
7.6 The lot shall remain in the Seller's full and complete ownership until the sale price of the lot is fully and completely paid. From this date, the Buyer assumes all the risks of loss or damage of the lot. It is therefore the onus of the Buyer to arrange insurance for the lot.
Article 8: Seller's Obligations
8.1 Access to the sale of lots on Denco-Auction is uniquely granted to Users who have agreed to these General Terms and Conditions, and whose registration has been approved by Via Mobilis Auctions.
8.2 The Seller undertakes to assure the confidentiality of his login information on Denco-Auction's website.
8.3 The Seller may not bid on a lot he owns.
8.4 The Seller is the only person responsible for the description he/she provides for the lots offered for sale on Denco-Auction. The Seller undertakes to make descriptions based on information and pictures corresponding to the true features of the lots. The Seller also undertakes to respect the current regulations, and commits not to release any wrong, erroneous, misleading or illegal content. The Seller also undertakes to give no information which could permit the identification of the owner of the lot in its description. The Seller freely sets the reserve price. This price defines the minimum price expected by the Seller. Moreover, the Seller shall include the recoverability of the VAT for each lot.
8.5 Before each sale, the Seller will confirm the lots he/she wishes to offer for sale on Denco-Auction's website, by proceeding to a complete checking of all the information he provides. If no validation has been made, it may result in the lot not being included in the sale.
8.6 The Seller undertakes to exclusively entrust Denco-Auction with the sale of his/her lot at the price set in advance, until the end of the bidding period. If the sale is concluded, there will be a 7-day extension in order to allow the Buyer to pay and collect the lot. Consequently, the seller agrees to give the exclusive advertising rights for his/her lot to Denco-Auction 7 days before the sale starts, and until the end of the bidding period.
8.7 The Seller undertakes to accept every bid higher than or equal to the reserve price of his/her lot. Every bid lower than the reserve price of the lot will be automatically considered as "refused" by the Seller.
8.8 The Seller undertakes to make the lot sold available for the Buyer, at the address provided to Denco-Auction when the lot was registered on Denco-Auction's website. If the lot is not made available, the Seller must pay to Denco-Auction the sum of €100 (tax incl.) being the administrative fees associated with placing the lot on the website for sale.
8.9 The Seller agrees to grant all the rigts of intellectual property pertaining to the elements used to describe the lots, on a non-exclusive basis, for free, in all languages, for the whole world and for the legal duration of the rights (including possible extensions which could occur), the whole of the rights of intellectual property pertaining to the elements used to describe the lots. These rights include the rights to reproduce, to represent, to distribute, to adapt, to modify, to translate, to sub-license and to convey all or some of the content to the public, through all processes, on all formats and materials (digital, printed, etc.) known or unknown to this day. The rights above mentioned are granted to Denco-Auction's website, and also for any third-party website authorized by Denco-Auction.
Article 9: Bank Data Security
Direct debit authorization and the online payment on Denco-Auction's website are effected on Ingenico Payment Services' website, our service provider, according to the current security procedures. Denco-Auction does not either record or store the Users' banking data.
Article 10: Suspension or Cessation of Service
10.1 In the case of any violation of these General Terms and Conditions, or failure to meet any legal obligation by the User, Denco-Auction shall inform the User, whenever as possible and as soon as possible, so he/she can rectify the problem. Failing that, Denco-Auction can, without notice, suspend the User's access to its website or, if need be, delete his account.
10.2 In order for Denco-Auction to keep its Users' information updated, Denco-Auction has the right to delete accounts which have remained inactive for a period greater than 12 months. Should this situation eventuate, the User will have to register again.
Article 11: Responsibilities
11.1 The descriptions of the lots are published online under the Sellers' responsibility. Denco-Auction is not, under any circumstance, responsible for the contents provided by Sellers. The website Via Mobilis Auctions is only a medium for posting the lots. The Seller undertakes to indemnify Denco-Auction if the company is subjected to any damage in this regard and guarantees Denco-Auction against any proceedings based on these contents.
11.2 Denco-Auction does not have any control concerning either the quality, the security, or the legality of items listed, or the veracity or accuracy of the advertisements and contents published online, or the Sellers' capability to sell the goods or services previously mentioned, or the Buyers' capability to pay for the goods or services previously mentioned. Notwithstanding this premise, Denco-Auction has the right to refuse, purely ans simply, without having to define the reasons, a lot or a content whose character, text or presentation appears to be in conflict with its legal, moral or commercial interests.
11.3 The Seller undertakes to guarantee from, indemnify and compensate Denco-Auction for any damage, loss, shortfall, complaint, liability and charges Denco-Auction may be subjected to if its responsibility becomes involved because of proceedings or complaint emanating from a third party, and consecutive to the deposit of a lot or a content in violation with the rules included in these General Terms and conditions.
Article 12: Limitations of Responsibility
12.1 Denco-Auction shall use its best efforts to maintain the services of its website in optimum working condition. However, it is an obligation of means service, and Denco-Action does not offer any guarantee that the uninterrupted and optimum performance, or the service's continuity can be assured. In this respect, the liability of Denco-Auction can not be sought in cases of possible defects or damages: costs, loss of profits, loss of data, or whatever the direct or indirect damages may be. These inconveniences could result from the use of the website by the User, defects in Denco-Aution's information system or of one of its service providers, or from restrictions inherent in these systems, or from the inability to be granted access to it. Likewise, Denco-Auction could not be held responsible for access difficulties if it is proven that they originated from the User or his/her browser -the User will be obliged to implement the resources required to be in compliance with the technical recommendations, particularly the compatibility with the two last major versions of his/her web browser-, his/her or one of his/her technical service provider's information systems. And that even though the User was advised of the origin of the dysfunction, he/she did not proceed to the technical steps required for the full reinstatement of the access to the service.
12.2 Denco-Auction's responsibility can not be sought, directly or indirectly, in transactions which comply with the general rules of the French Civil Code (Article 1641 and subsequent)
12.3 Denco-Auction's website can contain hyperlinks, navigating the User to other websites. Denco-Auction will not be responsible for the content on websites to which the Users may be redirected through the links previously mentioned.
Article 13: Personal Data
13.1 The User can change his personal information at any time by login to "My Account".
13.2 The User is informed that the automated processing of personal information has been the object of a statement to the CNIL (Information Commissioner's Office) under number 1916778 v 0 on December, 29th 2015.
13.3 According to the French "Data Protection Act" of January, 6th 1978 amended in 2004, you enjoy the right to access and correct data which concerns you. You can exercice this right by writing to Denco-Auction at the following address: 2 Place Jeanne d'Arc - 88500 MIRECOURT - France, or by sending a message to the following e-mail address: info@denco-auction.com. You can also, for any legitimate reason, oppose the data processing of your information.
Article 14: Force Majeure
The responsibility of one or the other parties could be sought only if the contract fulfilment is delayed or stopped because of a case of force majeure, or any unforeseen circumstance case, caused by the other party, a third party or external reasons, such as, and non-exclusively: social conflicts, interventions of civil or military authorities, natural or technological disaster, fire, water damage, and the interruption of telecommunications or electrical networks.
Article 15: Intellectual Property
15.1 Every elements contained on the Denco-Auction's website, including the underlying technology, remains the intellectual property of Denco-Auction.
15.2 Each User undertakes not to copy, represent, perform any adverse engineering, alter, divert work, export, distribute or publicly reveal any content (except for his own information) coming from Denco-Auction, without the prerequisite, express and written consent of Denco-Auction or, if need be, one of the third parties concerned.
15.3 The User also undertakes not to introduce any virus or other technologies which could harm Denco-Auction; to use bots, web spiders, to extract data, or to use any other automatic process to access Denco-Auction's services, for whatever reason; to avoid the Robots Exclusion Protocol, disturb or attempting to disturb the performance of the services provided by Denco-Auction or, finally, to impose an unreasonable or disproportionate load on its infrastructures.
15.4 Any Internet user who owns a website, and who wants to place, for personal or professional use, a hyperlink to the Denco-Auction website on his own website, is obliged to ask, beforehand, for the written authorization from Denco-Auction. In such cases where authority has not been granted by Denco-Auction, any non-authorized link must be removed after such a request from Denco-Auction.
Article 16: Privacy
Denco-Auction implements every resource required to insure the confidentiality and the security of data conveyed on the Internet. In this respect, Denco-Auction's website uses a secured module SSL-type (Secure Sockets Layer); nevertheless, it does not guarantee that information exchanged between Denco-Auction's website and the User cannot either be intercepted, or, even more so, decoded, whether it be when they are intercepted, or after an arbitrary period. Consequently, Denco-Auction declines any liability if data exchanged between the User and Denco-Auction's information system is intercepted or code-analysed.
Article 17: Duration the Terms and Conditions are applicable.
The current Terms and Conditions shall apply throughout the period the services provided by Denco-Auction are used.
Article 18: Complaints
18.1 Any complaint must be submitted in writing to : Denco-Auction - 2 Place Jeanne d'Arc - 88500 MIRECOURT - France
18.2 In cases of disagreement concerning the interpretation, or the fulfilment of their agreements, both parties shall have, before instigating any litigation proceedings, reached an out-of court agreement, and to share with each other all the information they may require.
Article 19: Governing Law
The governing law is the French law.
Article 20: Attribution of Jurisdiction
In the case of litigation, the competent French court shall be the Commercial Court of Epinal.
Article 21: Legal Notices
The creator and administrator of the website Via Mobilis Auctions is Denco-Auction company, SARL (LLC) registered under number 812 309 201 on the trade and companies register in Epinal, with a capital stock of 10,000 euros. The Intracommunity VAT number of the company is: FR 10 812 309 201.
Denco-Auction
2 Place Jeanne d'Arc
88500 MIRECOURT
Tel: 03 29 30 35 47 Fax: 03 29 31 31 31 Email : info@denco-auction.com
The publication director is Mr. Denis COLLOT.
The website Via Mobilis Auctions is hosted by OVH SAS - 2 rue Kellermann - 59100 ROUBAIX - FRANCE.
