Terms of use

GENERAL CONDITIONS OF USE FOR THE SITE
(version of 09/11/07)

ARTICLE 1: DESCRIPTION OF THE SITE

The companies DIDIER AARON & CIE registered with the RCS (Company Trade Register) of Paris under no 572 168 631 whose registered office is at 118 rue du Faubourg Saint Honoré 75008 Paris France (hereafter individually or collectively described as "The Companies") put on line an Internet site that they publish and which is accessible at the following URL address: www.didieraaron.com and www.didieraaron-cie.com.

The Site is hosted by the company IMPEC TOONGA registered with the RCS (Company Trade Register) of Bordeaux under no 403 854 227 whose registered office is at 6 rue René Martranchar - 33150 CENON- France.

The existing general conditions are accessible on the home page of the Site and at the following URL address: http://www.didieraaron-cie/index.php?act=10.

ARTICLE 2: CONSULTING THE SITE

The Site is neither an online sales site nor a bidding site.
It has the aim of introducing the activities of the Companies and their galleries, their history, their personnel, some of their most prestigious sales, the current events of the various galleries.
It makes it possible to view certain objects currently on sale in the galleries of the Companies, whether they are the owners or whether they were entrusted with them in storage.
A form also makes it possible to request information from the Companies.
All the indications provided on the Site are given only on a purely informative basis and can vary or be modified without notice by the Companies.

The all-inclusive price of the objects or works reproduced on the Site is given on request to any internet surfer by telephone, email or when going to the gallery in which the object or work in question can be found.

Taking into account the characteristics of the art market and the sale of antiquities, the prices of the objects or works shown can be altered at any time. The price charged will be the price stated at the time of official confirmation of the order by the internet surfer to the gallery.

ARTICLE 3: PRIVATE SPACE

3.1 OBJECT OF PRIVATE SPACE

Internet surfers will be able under certain conditions to create a private space accessible via a login and a password.

This private space will be able to enable them to benefit from various services whose specificities will vary according to whether the internet surfer is a private individual or a Professional in the art business.

3.2 REGISTERING FOR PRIVATE SPACE

a) Private individuals
Private individuals are invited to fill a registration form. They commit themselves to providing full and precise information.

They are committed to updating without delay the data appearing on their registration form.

At the time of registration, Internet surfers will have to accept the existing general conditions of use by ticking a box. This will mean full acceptance of the existing general conditions.

The registration will be subject to acceptance by the Companies who will be free to refuse or to accept the aforementioned registration.

If the registration is confirmed, the Companies will send an email to the address specified on the registration form. Internet surfers will have to follow instructions appearing in this message to fully confirm their registration.

Only adults are allowed to be registered.

Only one registration per household is authorized (same name, same address).

At the end of the registration procedure, the Internet surfer will benefit from a login and a password giving him access to his private space.

All connections or data transmissions carried out with the login and the password of a user will be deemed to have been carried out by the latter. The Internet surfer is only responsible for the use which is made of his login and for his password. In the event of loss, theft or encroachment, the Internet surfer commits himself to warning the Companies without delay.

b) Professionals in the art business
Professionals in the art business are invited to fill a registration form. They are committed to providing full and precise information.

They are committed to updating without delay the data appearing on their registration form.

The registration will be subject to acceptance by the Companies who will be free to refuse or to accept the aforementioned registration.

The registration will be confirmed by the sending of an email to the address specified on the registration form.

Professionals in the art business will have to follow the instructions appearing in this message to confirm their registration. Complementary documents and/or information may be required of them if necessary.

At the time of registration, Professionals in the art business will have to accept the existing general conditions of use by ticking a box. This will mean full acceptance of the existing general conditions.

Only one registration per Professional in the art business is authorized (same name, same address).

At the end of the registration procedure, the Professional in the art business will benefit from a login and a password giving him access to his private space.

All connections or data transmissions carried out with the login and the password of a user will be deemed to have been carried out by the user. The Internet surfer is solely responsible for the use which is made of his login and for his password. In the event of loss, theft or encroachment, the Internet surfer commits himself to warning the Companies without delay.

3.3 SERVICES OFFERED

a) Consulting objects and works
Private space will make it possible to consult the on-line catalogue of the Companies' galleries. This catalogue will comprise many photographs of works as well as a precise description.

b) Reserving objects and works
Private space will make it possible for Internet surfers to reserve certain objects or works.
To do so, it will be sufficient to click on the "reservation" button and to ask for this reservation when entering one's login and one's password.
The reservation will only apply once validated by the Companies who will make contact directly with the person having made this reservation by email or telephone according to the information given on the registration form.
At this stage, the Companies will confirm the reservation and will specify time limits in particular in terms of duration period.
During the reservation period, the reserved work or object may not be offered for sale to a third part.

Once the duration period of the reservation has lapsed, the work or the object will be able to be bought or reserved by any other Buyer.

The number of simultaneous reservations is limited to five per Internet surfer, this number can however be altered by mutual agreement.

c) The alarm system
An alarm system will make it possible for Companies to warn the Internet surfer by e-mail of objects or works put on sale and selected by him according to the preset criteria.
The Internet surfer will be free to activate or de-activate this service at any time.

d) The virtual gallery
This service is reserved exclusively to Professionals in the art business registered on the Site.
It makes it possible for Professionals in the art business to create their own galleries intended for their customers, the latter benefit from personalized access in order to get access.
To open a private gallery on the Site it is enough to access the heading entitled "My Galleries" and to follow the instructions online.

Works and objects appearing in the private gallery will be shown without guarantee of their availability and provided these works and objects have not been reserved by a third party.

No sale will be official via the Site unless and until a written agreement is entered into by and between the Companies and the Buyer, setting forth all the agreed upon terms and conditions of sale including the specifications of the object or work to be purchased, the price, and terms of payment.

3.4 THE CANCELLATION OF PRIVATE SPACE

a) At the initiative of the holder of private space
Each Internet surfer will be able to cancel his private space by sending an email stating his request to cancel to the address contact@dideraaron-cie.com by specifying the email address used at the time of the request for registration.

Private space will no longer be accessible as from the validation of the cancellation. On the other hand the data related to the opening and the management of this private space may be kept by the Companies in order to respond in particular to possible requests by the legal or administrative authorities.

b) At the initiative of the Companies
In the event that an internet surfer does not observe the general conditions of use permitting access to the site, or fails to abide by any legal provisions which would violate the rights of a third party, the Companies reserve the right the cancel without delay the private space of the aforesaid internet surfer.

The Companies will inform by any suitable means the Internet surfer of the step taken and the reasons which have led them to take such a decision.

Private space will no longer be accessible as from this cancellation and all the services of the Site will be immediately suspended.

On the other hand the data related to the opening and the management of this private space may be kept by the Companies in order to respond in particular to possible requests by the legal or administrative authorities.

ARTICLE 4: FREE SERVICES

All services set up within the framework of the Site are free.

However, the equipment (computer, telephone, software, means of telecommunications, etc.) allowing access to services is the exclusive responsibility of Internet surfers, as well as the costs of connection to the Internet.

ARTICLE 5: INTELLECTUAL PROPERTY

The Companies are holders on a purely exclusive basis of all the rights related to the Site to its graphic, textual or software components.

Any use of the Site or one of its elements without the agreement of the Companies is prohibited and may lead to legal action.

In the same way any use of the name Didier Aaron, the brands and/or the logos of the Companies is prohibited without the express agreement of the Companies.

The use of the service of a private gallery set up within the framework of the Site, does not confer any right to the holder of this private gallery on the works, objects represented as well as any graphic, photographic, audio-visual or text element of the virtual gallery. Any use or exploitation in particular on a purely advertising basis of one of these elements or all these elements in their entirety and as such under whatever heading will require obtaining the written and prior agreement of the Companies.

ARTICLE 6: PROTECTION OF PERSONAL DATA

By being registered on the Site and by creating a private space, the Internet surfer gives his express consent to the possible constitution of a file using the personal data which he has been able to provide at the time of his registration or during the management of his private space.
The personal data of Internet surfers will be processed in accordance with the IT and Freedom Law of January 6, 1978. Each Internet surfer has a right of access, correction or striking off of information relating to him which may be exerted by sending an email to the address: contact@didieraaron-cie.com.
This information is intended for the use of the Companies which will send by email or by post messages to the Internet surfers according to their profile and works and objects which may have interested them.
The Companies may send this data to their trade partners.
This data may in addition be sent on request to the legal or administrative authorities.

ARTICLE 7: USE OF COOKIES

The Companies will be able to use the system of cookies on their site.
A cookie is a text file placed on the hard disk of the user by a Web page server. The cookies cannot carry out programs or introduce viruses to the user's computer. The cookies are uniquely attributed and may only be read by a Web server of the domain which emitted the cookie.
The cookies are mainly used to offer a function of convenience making it possible to save time by using the history of the user's visits on the Site.
Internet surfers have the possibility of accepting or of refusing cookies.

ARTICLE 8: RISKS LINKED TO THE INTERNET NETWORK

The Internet surfer declares and guarantees that he knows perfectly the characteristics and the constraints of the Internet, and in particular that data and information transmission on the Internet only benefit from relative technical reliability.

The Internet surfer accepts the fact that the Companies or their suppliers will not be able to under any circumstance be held responsible for any property damage and/or consequential loss, direct and/or indirect of whatever nature, arising from the use or impossibility of using the Site.

The Internet surfer is responsible towards the Companies and/or third parties for any property damage and/or consequential loss, direct and/or indirect of whatever nature that is caused by the Internet surfer and/or his employees during the use of the Site.

ARTICLE 9: THIRD PARTY SITES

The Web pages of the Site may contain hypertext links referring to other Internet sites managed by companies separate from the Companies and on which the Companies do not exert any kind of control. The Companies do not assume any responsibility as regards the contents of these third party sites or the contents which these third party sites may refer them to.

ARTICLE 10: ACT OF GOD

The Companies may not be held responsible, or be regarded as having failed in the existing general conditions, for any delay or non execution, when the cause of the delay or the non execution is related to a case of an act of God.

ARTICLE 11: CORRESPONDENCE

Any complaint and/or notification will have to be made in writing and sent to the Companies by registered letter + signed receipt to the following address Didier Aaron & Co - 118, rue du Faubourg Saint-Honoré - 75008 Paris France.

ARTICLE 12: MISCELLANEOUS

In all cases, please note that reference to "him" in this document are gender neutral and naturally include women.

The Companies are free to modify the existing general conditions of use at any time.

The last version of the general conditions of use is binding on the users.

The general conditions of use are regulated by French law and any dispute relating to their application and/or their interpretation will be subjected to the courts of Paris.

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