General conditions of use of the website and services of louisdemontignacq.com

1. DEFINITIONS

“T&Cs” means these General Terms of Use;
“Account” means the interface made available to Users for access to the Services;
“Content” means all of the content of the website, any document made available to Users by the website as part of the Services;
“Identifiers” means the User’s email address and the password chosen by each User when creating their Account on the website in application of Article 4 – Account Creation:
“Parties” means collectively the Publisher, the Users;
“Website” means the site and services accessible via the following address: www.louisdemontignac.com
“Services” means all of the services provided by the website as described in Article 4 – Description of Services;
“User” any person browsing the Website, and/or purchasing goods via the Website.

2. PURPOSE

LOUISDEMONTIGNAC.COM is a website intended for the resale of all objects usually classified under the name “antiques” or “art objects”: furniture, decorative elements, paintings, drawings, engravings, and all similar graphic art objects, art objects, antiques of all kinds and from all periods.

2.1. The services of the website essentially consist of consulting the product sheets offered for sale by the company LOUIS DE MONTIGNACQ SAS, the possible purchase of these products, the payment of the price electronically or by any other means of payment offered on the website, and where applicable the payment of transport costs.

2.2. The purpose of these general terms and conditions of sale and use is to define the terms and conditions under which Users can use the website. It is understood that use of the website entails full and complete acceptance of these T&Cs. If a User does not accept the T&Cs, he/she is requested to stop using the Website and the Services.

2.3. These terms of use may be modified or supplemented at any time; users of the www.louisdemontignac.com website are therefore invited to consult them regularly.

2.4. These T&Cs may be saved and printed by any person visiting the Website.

2.5. This website is normally accessible to users at any time. An interruption for technical maintenance reasons may however be decided by www.louisdemontignac.com, which will then endeavour to inform users in advance of the dates and times of the intervention.

2.6. The website is updated regularly by the Publisher or the Webmaster. Similarly, the legal notices may be modified at any time: they nevertheless apply to the user, who is invited to refer to them as often as possible in order to be aware of them.

3. PUBLISHER

In accordance with Article 6III 1b) of Law No. 2004-575 of June 21, 2004, amended by Law No. 2016-444 of April 13, 2016, the information relating to the identification of the Publisher of the website is as follows: LOUIS DE MONTIGNACQ SAS with capital of €6,150 (six thousand one hundred and fifty euros) registered in the Paris Trade and Companies Register under number 930719752, whose registered office is located at 9, rue Boulle 75011 Paris, represented by Mr. Laurent Genest, Chairman.
Telephone number: +33 7 82 73 64 73
Publication Director: Laurent Genest
Website host: OVH (www.ovh.com)
The website was designed and created by the Webmaster: www.TechArt-Studio.com

4. ACCOUNT CREATION

4.1. Capacity of the creator of the Account

The User holding an Account is a natural person. In any event, he or she must have the legal capacity to open an Account.
It is understood that if a legal entity wishes to access the Services, access may possibly be set up but requires the negotiation of a specific contract with the Publisher. Any legal entity may contact the Publisher for this purpose, which reserves the right to respond or not to the requests received.
When entering the information mentioned in Article 4.2 below required for opening an account, the User guarantees not to enter incomplete, erroneous, misleading or fanciful information
The Publisher reserves the right to refuse or invalidate a posteriori the acceptance of any Account creation when the information provided by the User proves to be incomplete, erroneous, misleading or fanciful. The Publisher may also request from the User any written document justifying his situation.

 4.2. Account creation form

In order to open an Account, Users first complete the Account creation form accessible from the home page of the website, making sure to provide all the required information, namely:
Title, First and Last Name
Email address that will be used as an identifier to connect to the Account
Secondary email address (identifier recovery)
Payment information, if applicable
Password
After validating the Account creation form, the new User receives a welcome email confirming the creation of their Account.

4.3. Account Features

The Account is the interface allowing a User to access the website. An Account allows a User to access the Services of the website as detailed in Article 4 – Description of Services of the T&Cs, to view their current purchases of goods and to manage their personal information.

4.4. Identifiers

The User is the only one authorized to use the access codes required to access his Account; they must not be communicated to third parties. In the event that the User authorizes third parties to use these access codes, he will be held responsible for their actions, in the same way as if he had used the Identifiers himself, and the Publisher may validly terminate the subscriptions taken out by the User without prejudice to any damages.
The User must immediately modify the Identifiers required to access his Account if he has reason to believe that these have come to the attention of unauthorized third parties or that third parties are using the Services using his own Identifiers.
In the event of loss of his Identifiers, the User holding an Account may request the reset of his “password” in the login area under “forgotten password?”. He will then be asked for the email address indicated in his Account creation form. The User will then receive a hyperlink from which he can generate a new password.

5. TECHNICAL CHARACTERISTICS

5.1. The Publisher may not be held liable for any damage suffered by a User if this damage is due to a technical incompatibility of the User’s equipment or with the Website.

5.2. Users must have the skills, hardware and software required to use the Internet. They acknowledge that the characteristics and constraints of the Internet do not guarantee the availability, security and integrity of data transmissions on the Internet. The Publisher does not guarantee that the Website will operate without interruption or malfunction. The operation of the Website may be interrupted for maintenance, updates or technical improvements, or to develop its content and/or presentation.

5.3. The Publisher does not guarantee to Users that the use of the Website and its Services meet their requirements, nor that the use of the Website can be uninterrupted, fast, secure or error-free at all times.

5.4. The Publisher cannot be held liable for any malfunction, inability to access or poor operating conditions of the Website attributable to unsuitable equipment, disruptions linked to the Users’ access provider, congestion of the Internet network and/or for any other reason linked to an event external to the Publisher.

5.5. The Publisher reserves the right to modify or upgrade the Website and the Services at any time. These modifications will come into effect as soon as they are posted online.

6. INTELLECTUAL PROPERTY

6.1. The Publisher is the owner of all intellectual property rights covering the Services. Also, any total or partial reproduction, any modification and/or use of all or part of the content of the website (and in particular brands, trade names, images, sounds, graphics) for any reason and on any medium whatsoever, without the prior written consent of the Publisher is strictly prohibited.

7. THIRD PARTY SERVICES

7.1. Users acknowledge that the Website may contain hyperlinks to other websites and services published by third parties (hereinafter “Third Party Services”).

7.2. The Publisher does not guarantee that the information contained in such hyperlinks or in any other Third Party Services is accurate, complete or truthful. Therefore, any access to a Third Party Service linked to the Website is carried out under the User’s own full and entire responsibility.

7.3. In particular, the Website may allow Users to share certain content from the Site on Third Party Services and in particular on social networks. Sharing said content on Third Party Services usually requires Users to accept the terms of use of these Third Party Services, and possibly to share with the Third Party Service certain information communicated to the Publisher. This connection to a Third Party Service is not the responsibility of the Publisher and Users connect at their own risk and in accordance with the General Terms and Conditions of Use of said Third Party Service. Users understand in particular that Third Party Services may collect information about them and their use of the Website if they share content on their services and in particular links to the Website.

7.4. Similarly, the Website may contain advertisements and links to Third Party Services. Users understand that the Publisher is in no way linked to said Third Party Services and cannot be held responsible for the products or services promoted or the performance of services by the Third Party Services.

8. COMPLAINTS

8.1. Any complaint from Users must be sent by email to the following address: contact@conferences.art

8.2. The Publisher undertakes to respond to any complaint, provided that it is precise, not fanciful or misleading.

8.3. It is understood that the Publisher will only consider complaints relating to the Services.

9. WARRANTIES AND LIABILITY OF USERS

9.1. In general, the use of the Services and the Website must not be abusive and will comply with the applicable legal provisions. When using the Website, its Content and its Services, Users undertake to comply with the national and international laws and regulations in force and with these T&Cs.

9.2. Users guarantee that their use of the Website, its Content and its Services does not pursue illicit or immoral purposes or contrary to the use provided for in these T&Cs. Users undertake not to use the Content and Services offered by the Website for illicit purposes, or with a view to committing any contravention, tort or criminal offences.

9.3. Users undertake to provide the Publisher with sincere and true information and to communicate to the Publisher all information and documents required for the performance of the Services. In this regard, it is recalled that the civil and criminal liability of Users would be incurred in the event of the production of false documents and/or the communication of inaccurate information or elements for the purpose of filing administrative or legal documents.

9.4. Users understand that the Publisher makes the Website, its Content and its Services available to them for personal use only. It is understood that Users must not make any commercial use of the Website, its Content and its Services.

9.5. In this sense, Users undertake not to sell, rent or commercialize the Content and Services to which they have access as part of their use of the Website and the Services.

9.6. In addition, Users undertake not to, directly or indirectly:

• archive, reproduce, distribute, modify, display, perform, publish, grant, create derivative works, sell or use the content and information of the Service;
• use within the Services any element or content that would infringe intellectual and industrial property rights, the right to privacy and/or the right to one’s image and/or any other right of others;
• create, use, share and/or publish by any means (forum, public profile or other) within the framework of the Services any material (text, comments, images, sounds, videos, etc.) or content that would, in the Publisher’s opinion, be aggressive, threatening, malicious, defamatory, misleading, pornographic, pedophile, obscene, vulgar, racist, xenophobic, inciting hatred, sexually explicit, violent, contrary to good morals or in any other questionable way;
• create, use, share and/or publish by any means (forum, public profile or other) within the framework of the Services, any material (text, comments, images, sounds, videos, etc.) that would constitute a violation of a confidentiality obligation or that would incite the commission of an illicit activity (in particular, hacking, cracking or distribution of counterfeit software);
• carry out activities aimed at accessing elements or functionalities of the Services whose use has not been authorized by the Publisher;
• modify, distort, block, abnormally burden, disrupt, slow down, and/or hinder the normal operation of all or part of the Website and the Services, or their accessibility to other users of the Website, or the operation of the Services’ partner networks, or attempt to do any of the above;
• transmit or propagate any virus, Trojan horse, worm, bomb, altered file and/or similar destruction device or corrupted data in the context of the Services, and/or organize, participate in or be involved in any way in an attack against the Publisher’s servers and/or the Services and/or the servers and/or services of its service providers and partners;
• use the Account of another User of the Website, impersonate another person or attribute a false capacity to oneself in relations with any natural or legal person in the context of the Services or by using the Services;
• collect or intercept by any means not expressly permitted by the Publisher data exchanged by other Users within the framework of the Services, or the names/pseudonyms and/or passwords of any other User;
• attempt to obtain a password, information relating to an Account or other private information from any other User of the Website, and/or sell, rent, share, lend and/or in any other way transfer to any third party your Account and/or the means of accessing it and/or in any other way allow any third party to benefit from your Account;
• make inappropriate use of the support service offered by the Publisher;
• access, use, download from the Services or otherwise reproduce or provide to anyone (free of charge or for a fee) any directory of Users of the Website or any other information relating to users or the use of the Services.

9.7. Users agree not to arrange, modify, decompile, disassemble, reverse engineer, translate, adapt, reproduce, distribute, broadcast or transfer any information, software, product and, in general, any element of the Website, its Content and its Services. Re-posting or automated use of the Services and Content is expressly prohibited.

9.8. Users are required to report to the Publisher any use that appears to be abusive and/or contrary to these T&Cs.

9.9. In the event of obvious abuse by a User, the Publisher reserves the right to block access to the Website for certain IP addresses and to suspend or delete Accounts in accordance with Article 11 – Termination – Account Closure. In this context, the IP address may be used to identify a User in order to enforce these T&Cs.

9.10. Users undertake to hold the Publisher harmless from any contribution to any damages, compensation and costs of any kind that may be awarded as a result of (i) losses that were not caused by a fault on the part of the Publisher, (ii) commercial losses (including loss of profit, benefit, contracts, expected savings, data, customers or unnecessary expenses), (iii) indirect or consequential losses that were not foreseeable (iv) damage resulting from a breach by the Users of the obligations provided for in these Terms and Conditions.

9.11. Users also undertake to intervene alongside the Publisher and to hold it harmless from any costs, expenses or damage in the event that the Publisher is brought into question by another User and/or a third party for an act attributable to them.

10. PUBLISHER’S WARRANTIES AND LIABILITY

10.1. The Publisher does not guarantee that the Website, its Content and Services will meet Users’ requirements or that use will be uninterrupted or error-free. The entire risk regarding the quality, performance and use of the Website, its Content and Services lies solely with the Users.

10.2. The Publisher declines all liability for any direct, indirect, incidental, consequential or special damages related to access to or use of the Website and the Services or suffered as a result thereof, including, but not limited to, any loss or damage caused by viruses affecting the User’s computer equipment or resulting from the credit given to information obtained through the Website.

10.3. The Publisher reserves the right to make changes to its equipment, technical characteristics and availability at any time and without notice.

10.4. THE PUBLISHER MAKES NO REPRESENTATIONS OR WARRANTIES OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS DOCUMENT.

11. TERMINATION AND CLOSURE OF THE ACCOUNT

If a User wishes to close his Account, he may do so at any time by clicking on the “delete my account” tab or by sending an email to: contact@conferences.art
Where applicable, the User understands that all information and data present on his Account will be deleted by the Publisher.

11.1. By the Publisher

The Publisher reserves the right to delete a User’s Account in the event of:
– Actions that contravene the provisions of the Intellectual Property Code;
– Failure by the User to comply with any of the obligations incumbent upon it under these T&Cs.
The Publisher may at any time block access to the Website and the Services in the event of a failure by the User to comply with any of the obligations incumbent upon it under these T&Cs

12. PERSONAL DATA

12.1. The Publisher undertakes to respect the personal data transmitted by Users and strictly complies with the laws in force on the protection of privacy and individual freedoms, as they result in particular from Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation – GDPR).

12.2. The Publisher undertakes in particular to respect the rights of Users with regard to access to data, their rectification and their deletion. In this sense, Users may at any time access personal data concerning them and may proceed or have their rectification, clarification, updating or deletion carried out. To do so, Users may log in to their personal space and make the desired changes themselves.

12.3. Users also have the right to receive the personal data concerning them that they have provided to the Publisher, in a structured, commonly used and machine-readable format, and have the right to transmit this data to any third party. Any request to this effect must be made to the Publisher at the following address: contact@conferences.art

12.4. In general, Users acknowledge that their personal data is stored as long as their Account is open and as long as necessary to provide the Services.

12.5. Finally, Users have the right to object at any time, for reasons relating to their particular situation, to the processing of personal data concerning them. They nevertheless understand that this may result in malfunctions of the Service

12.6. The Publisher treats confidentially any information provided by a User as part of their registration and in the use of their Account and the performance of the Services.

12.7. The Publisher complies with appropriate measures and in accordance with industry standards to protect Users’ personal data. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. The Publisher will notify any violation of personal data to the CNIL, the competent supervisory authority, and the Users in accordance with Articles 33 and 34 of the GDPR.

12.8. All of this personal data is reserved for the sole use of the Publisher within the framework of the activities of the Website and within the limits of the consent form transmitted to the Users. However, Users are informed that this information may be communicated by the Publisher in application of a legal or regulatory obligation or a decision of an administrative, judicial or regulatory authority.

12.9. The Publisher may in particular use personal information in order to:

• Check, manage and update the Users’ account;
• Communicate with Users within the framework of the Services;
• Advise Users and communicate information concerning the Publisher and the Services as well as all of the Publisher’s products by email, letter, telephone or text;
• Update the technical specifications of the Services or designate a subcontractor to do so;
• Comply with legal and regulatory requirements.

12.10. In application of Article 22 of the GDPR, the Publisher keeps a register of processing activities, which Users can access by contacting the Publisher.

12.11. When legally required, in the event of communication of personal data to subcontractors within the framework of this, the Publisher establishes a specific contract in accordance with the provisions of the GDPR and including the standard clauses for the transfer of personal data to third countries in which the subcontractors are located.

13. COOKIES

13.1. In order to offer efficient Services, “cookies” may be used when browsing the Website. Users agree to the installation of a “cookie” in their computers, intended to record information relating to browsing on the website, in order to facilitate browsing on the website by memorizing certain parameters specific to each User.

13.2. Users are reminded that cookies are data that do not contain any personal information and will not be used by the Publisher for commercial purposes under any circumstances.

13.3. The Publisher reminds Users that it is possible to define the parameters of the internet browser, so that the browser does not accept cookies or warns the user in the event of sending cookies, they can in particular follow the instructions available on the CNIL website. Users understand, however, that such manipulation could prevent or limit the execution of certain functionalities of the website.

14. STORAGE OF EVIDENCE

The Publisher will archive the quotes and invoices issued in application of these T&Cs on a reliable and durable medium constituting a faithful copy. The Publishers’ computerized records will be considered by the Parties as proof of communications, orders, payments and transactions between the Parties.

15. FORCE MAJEURE

It is understood that under no circumstances may the Publisher be held liable if the performance of their obligations is delayed or prevented due to a case of force majeure or an unforeseeable event, due to Users or a third party or external causes such as social conflicts, intervention by civil or military authorities, natural disasters, health disasters, fires, water damage, malfunction or interruption of the telecommunications network, or any worsening of a situation mentioned above after acceptance of these T&Cs.

16. TOLERANCE – NON-WAIVER

16.1. The fact that the Publisher does not claim the application of any provision of the GTCS-GVU or tolerates their non-performance temporarily or permanently may not under any circumstances be interpreted as a waiver by the Publisher to exercise the rights it holds under the GTCU.

16.2. Similarly, the fact that the Publisher tolerates a non-performance or imperfect performance of the GTCU or more generally tolerates any act, abstention or omission of the other Party that does not comply with the provisions of the GTCU may not confer any right whatsoever on the Party benefiting from such tolerance.

17. ENTIRETY

17.1. These GTCU represent the entirety of the Parties’ commitment, subject however to subsequent modifications made by the Publisher within the limits detailed below.

17.2. In the event that one of the provisions set out in the T&Cs is declared invalid or unenforceable due to a legal or regulatory provision, present or future, or a court decision vested with the authority of res judicata and emanating from a competent court or body, this provision of the contract would then be deemed unwritten. The Publisher reserves the right to replace it in a new version of the T&Cs with the valid provision with the closest scope. It is understood in any event that the other provisions will remain applicable without change.

18. MODIFICATIONS

18.1. The Publisher reserves the right to adapt or modify these T&Cs at any time, subject to informing Users. These modifications will be immediately applicable as soon as they are made available to Users.

18.2. For any modification, the Publisher will inform Users of the modification of the T&Cs on the home page of the Website, by message, email, or any other more suitable means. The T&Cs are also available in the menu under the “Legal Notices” tab.

18.3. If Users continue to use the Website after modification of the T&Cs, they accept either explicitly or tacitly the modifications to the T&Cs. If Users do not agree with the T&Cs, they must stop using the Website immediately.

18.4. Users holding an Account may, if they wish, terminate their Account in accordance with Article 11 – Termination and Closure of Account of these T&Cs.

19. TRANSLATION

These T&Cs are written in French. Where applicable, any translation of these T&Cs is only offered as a courtesy to Users. For any dispute that may arise from the execution of these General Terms and Conditions, the French version shall prevail.

20. APPLICABLE LAW – JURISDICTION

20.1. These General Terms and Conditions are subject to French law.

20.2. In the absence of an amicable settlement, any dispute arising from the interpretation or application of the General Terms and Conditions shall be submitted to the competent courts of Paris.