ROSE AUCTIONS, a société par actions simplifiée registered in the Paris Trade and Companies Register under number 922 403 258, with its registered office at 28 bis, rue de Richelieu – 75001 Paris (France), represented by Damien JULIAT in his capacity as Chairman (Chairman (hereinafter “ROSE AUCTIONS”) is an opérateur de ventes volontaires de meubles aux enchères publiques duly registered with the Conseil des Maisons de Ventes under number 248-2023, governed by articles L. 321-4 et seq. of the French Code of Commerce, and by the code of conduct approved by order of the Minister of Justice on March 30, 2022.
ROSE AUCTIONS usually acts as an agent for the seller.
These general terms and conditions of sale (hereinafter the “Terms”) govern the relationship between ROSE AUCTIONS and bidders for online auctions organized by ROSE AUCTIONS on the website https://roseauctions.co/.
Article 1 – Definitions
Buyer: any Bidder who wins an Auction.
Consumer: any Bidder, natural person, whose purchase is not part of his professional activity.
Bid: an offer to purchase a specific Lot, for a higher amount than the previous offer, unless it is the first offer to purchase.
Bidder: any individual or legal entity intending to place or placing an electronic Bid.
Lot: any item offered for sale on the Website.
Website: https://roseauctions.co/
Online Sale: dematerialized public auction, which takes place solely by electronic means on the Website for a fixed period, and whose Bids are automatically closed at the end of this fixed period.
Article 2 – Entire agreement
The Terms express the entirety of the obligations between the Bidder and ROSE AUCTIONS. In this sense, the Bidder is deemed to accept them without reservation.
The Terms apply to the exclusion of all other conditions. They can be consulted and downloaded from the Website at any time and will prevail, if necessary, over any other version or any other contradictory document.
ROSE AUCTIONS reserves the right to modify from time to time some of the provisions of the Terms, which will be applicable as soon as they are put online.
Article 3 – Description of Lots
Lots are described on the Website by ROSE AUCTIONS with the greatest possible accuracy.
These descriptions are the responsibility of ROSE AUCTIONS, subject to the provisions mentioned below.
Photographs of Lots are not contractual. Indeed, photographic reproductions may not give an entirely faithful image of the actual condition of the Lots, in particular because the colors or shadows shown on the reproductions may differ from what would be perceived by a direct observer. The dimensions of the Lots are given as an indication, with a reasonable margin of error (less than 10%).
Lots are sold in the condition in which they are found at the time of auction, and may therefore present defects or imperfections. The absence of any indication of defect, accident or restoration in no way implies that the Lot is in perfect condition and free from any defect, accident or restoration.
In particular, ROSE AUCTIONS does not guarantee that the components and parts are original. These components and parts may have been replaced during previous repairs.
Since ROSE AUCTIONS can provide the Bidder, upon request, with a condition report detailing the condition of the Lots and offers the Bidder the possibility of examining the Lots at their preliminary exhibition, no claim may be made against ROSE AUCTIONS after the auction.
Article 4 – Online Sale advertising
The Online Sale catalog is digital only.
Publication of the catalog on the Website and in search engines constitutes prior advertising.
Article 5 – Display of Lots prior to sale
The presentation of Lots on the Website is equivalent to prior exhibition.
In addition, ROSE AUCTIONS organizes in its premises, before each Online Sale, an exhibition of Lots offered for sale.
This exhibition is open to all Bidders, every Thursday (except public holidays) from 2pm to 4pm upon prior registration.
For each Online Sale, the conditions of access to the exhibition are mentioned in advance on the Website.
Article 6 – Condition reports
The Bidder may request from ROSE AUCTIONS, up to 48 hours before the start of the Online Sale, a condition report on the general condition of the Lots. However, ROSE AUCTIONS to provide such a condition report.
Similarly, the Bidder may request information on the Lots, up to 48 hours before the start of the Online Sale. However, ROSE AUCTIONS has no obligation to reply.
Requests for condition reports and information should be sent to the following email address: [email protected].
Article 7 – Estimates
Estimates are provided by ROSE AUCTIONS on a purely indicative basis.
They are based on the state of scientific and technical knowledge, the condition of the Lot, its origin, its intrinsic qualities and take into account supply and demand.
In no way ROSE AUCTIONS can be held responsible for the estimates proposed.
Article 8 – Registration for the sale
Prior to the Online Sale, in order to bid online, the Bidder must register on the Website.
When registering, the Bidder must provide:
- proof of identity in the case of a natural person, and a Kbis extract (or equivalent in the country of origin) less than three (3) months old in the case of a legal entity;
- bank details.
The bank details are those of the Bidder’s bank account from which the commission due to ROSE AUCTIONS will be deducted in the event of the Lot being sold to the Bidder.
ROSE AUCTIONS will refuse access to the Online Sale to any Bidder who has not provided this information.
A bank imprint can also be made, of an amount that is indicated during registration.
ROSE AUCTIONS is free to refuse the registration of a Bidder in case of doubt as to the identity or solvency of the Bidder.
Lots are invoiced in the name and address of the Bidder, and cannot be changed after the auction.
The Bidder’s registration for the Online Sale is subject to the Bidder’s consultation and acceptance of these Terms.
Participation in the Online Sale is at the Bidder’s own risk.
Under no circumstances can ROSE AUCTIONS be held responsible if the Bidder is unable to participate in the Online Sale, for any reason whatsoever. In particular, ROSE AUCTIONS cannot be held responsible for a malfunction related to the Website or the Internet connection of the Bidder.
Article 9 – Conduct of the sale
The Online Sale has a limited duration.
For each Lot, a provisional end time is indicated, it being specified that Bids may be extended beyond this time if a Bid is placed during the last minute. In this case, the Online Sale is extended by two minutes.
The auctioneer conducts the Online Sale transparently and in accordance with the established practices of the profession and the rules governing public auctions.
The Bidder may place Bids at any time during the Online Sale. Each Bid is final and binding on the Bidder.
The last Bidder is declared the Buyer. At the end of the Online Sale, the Buyer automatically receives an email confirming the sale and specifying the terms of payment and collection of the Lot. This email includes an invoice in the Buyer’s name.
Article 10 – Transfer of risks and ownership
During the Online Sale, the inscription “Auction completed” appears on the Bidder’s screen as soon as the Lot is awarded.
The adjudication has the effect of transferring ownership and risks of the Lot to the Buyer.
ROSE AUCTIONS cannot be held responsible for loss, damage or theft of the Lot once it has been awarded.
Consequently, it is the responsibility of the Buyer to insure the Lot as soon as it is awarded.
Article 11 – Payment of the purchase commission due to ROSE AUCTIONS
At the end of the Online Sale, ROSE AUCTIONS immediately deducts, from the Buyer’s bank account whose references were provided by the latter when registering for the Online Sale, the purchase commission of 15% VAT included of the amount of the last Bid, plus all taxes.
Payment is made in euros.
In the event that ROSE AUCTIONS is unable to deduct the purchase commission from its bank account, the Buyer is considered to be in default and the sale is cancelled.
Article 12 – Payment of Lots
The Buyer has a period of 7 clear days from receipt of the email confirming the auction and specifying the terms of payment and collection of the Lot to proceed with payment of the Lot’s price.
Payment is made in euros.
The means of payment accepted by ROSE AUCTIONS are as follows:
- credit card (in addition, a 3% fee will be charged to the Buyer);
- bank transfer: the Buyer may make a transfer from his bank account, quoting the invoice number sent by ROSE AUCTIONS, to the ROSE AUCTIONS bank account whose details are specified on the invoice.
In the event of non-payment by the Buyer within the aforementioned period of 7 clear days, the Buyer is considered to be in default.
At the seller’s request, ROSE AUCTIONS may then put the Lot back up for sale upon reiteration of the bids in accordance with the provisions of article L. 321-14 of the French Code of Commerce.
Otherwise, the sale is cancelled.
Article 13 – VAT
Lots are sold under the margin system.
The Buyer residing outside the European Union may ask ROSE AUCTIONS, within 3 months after the sale and upon presentation of copy 3 of the customs export document, for a VAT refund.
Article 14 – Proof of transaction
The computerized records, stored in the computer systems of ROSE AUCTIONS in reasonable conditions of security, are considered proof of communications, Bids and payments between the parties. Bids and invoices are archived on a reliable and durable medium that can be produced as evidence.
Article 15 – Collection and dispatch of Lots
Within 72 hours of the auction, the Buyer will receive an email with instructions on how to collect the Lot.
The Buyer may collect the Lot, at his own expense and risk, at the ROSE AUCTIONS head office, from Monday to Friday (except public holidays) from 10am to 4pm after making an appointment with ROSE AUCTIONS, and upon presentation of his identity papers. The Buyer may give power of attorney to a third party to make this collection; the third party must then show ROSE AUCTIONS the power of attorney, his or her ID and a copy of the Buyer’s ID.
ROSE AUCTIONS also offers a shipping service to the Buyer, whose cost, after acceptance of the estimate established by ROSE AUCTIONS, is fully borne by the Buyer. The Lots are then shipped to the Buyer at the address provided when registering for the Online Sale.
In the event that a Lot has been paid for by the Buyer but not collected within 30 days of the auction, ROSE AUCTIONS will apply the following storage fee: €20/month.
ROSE AUCTIONS is responsible to the Buyer for the delivery of the Lots.
However, Lots are only delivered to the Buyer after full payment of the purchase commission due to ROSE AUCTIONS, the auction price, expenses and taxes, and final collection by ROSE AUCTIONS.
ROSE AUCTIONS cannot be held responsible for delays in obtaining a permit or administrative authorization.
Article 16 – Export
Export of the Lot may be subject to authorization. It is the responsibility of the Buyer to obtain information on export formalities.
The refusal or delay of any export authorisation may not under any circumstances justify the cancellation of the sale.
Article 17 – Right of withdrawal
The sale is final and the Buyer has no right of withdrawal.
Article 18 – Intellectual property
The content of the Website remains the property of ROSE AUCTIONS, sole owner of intellectual property rights on this content.
The Bidder agrees not to make any use of this content, any reproduction in whole or in part of this content, without the express authorization of ROSE AUCTIONS, is strictly prohibited and is likely to constitute an infringement.
Article 19 – Personal data
ROSE AUCTIONS is likely to collect and process data concerning the Bidder, in accordance with the General Regulation on Data Protection n°2016/679 of April 27, 2016 and the law “Informatique et Libertés” n°78-17 of January 6, 1978 amended by the law n°2018-493 of June 20, 2018 on the protection of personal data.
Data is collected for the purposes of organizing the Online Sale and may be communicated to ROSE AUCTIONS partners in charge of the execution, processing, management and payment of auctions.
The processing of information communicated via the Website complies with legal requirements for the protection of personal data, and the information system used ensures optimum protection of such data.
In accordance with national and European regulations in force, the Bidder has a permanent right of access, modification, rectification, opposition, deletion, portability and limitation of data. This right may be exercised under the terms and conditions defined on the Website.
Article 20 – Partial non-validation
If one or more stipulations of the Terms are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations will retain all their force and scope.
Article 21 – Non waiver
The fact that ROSE AUCTIONS does not take advantage of a breach by the Bidder of any of the obligations contained in the Terms shall not be construed as a waiver by ROSE AUCTIONS of the obligation in question.
Article 22 – Applicable law
The Terms and the auctions they govern are subject to French law.
Article 23 – Disputes – mediation
In case of dispute or claim, the Bidder will first contact ROSE AUCTIONS for an amicable solution at the following email address: [email protected].
In the event of a claim not resolved amicably, the Bidder, if a Consumer, may resort to conventional mediation by contacting the mediation service, Médiation solution:
- electronically by completing this form: https://sasmediationsolution-conso.fr/contact
- or by post: Médiation Solution 222, chemin de la bergerie 01800 Saint Jean de Niost (France)
At European level, the Bidder may turn to the online platform for resolving consumer disputes provided by the European Commission, accessible at the following address: http://ec.europa.eu/consumers/odr/.
In the absence of an amicable solution to the dispute between them, the Bidder and ROSE AUCTIONS agree to submit their dispute to the jurisdiction of the courts of Paris, except in the case of mandatory provisions to the contrary.