TERMS AND CONDITIONS OF USE OF THE WEBSITE

1. Enforceability of the terms and conditions of use

Use of the https://roseauctions.co/ website (hereinafter “the Website”) and its services implies acceptance of these terms and conditions of use, which you undertake to comply with each time you visit the Website.

The version of the terms and conditions of use currently online is the only enforceable version throughout the period of use of the Website and until a new version replaces it.

ROSE AUCTIONS, a société par actions simplifiée registered with Paris the 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 (hereinafter “the Publisher”) reserves the right to modify at any time these terms and conditions of use to take into account any changes in law, jurisprudence, editing, functionalities and / or technology.

2. Access to the Website

Access to the Website is for adults only. The Publisher reserves the right to ask for proof of age, particularly if you use the online auction services.

You can access the Website without necessarily creating an account.

Access to the Website is free of charge, but is possible only if you have an Internet connection, it being specified that any costs incurred in accessing the Website remain at your expense.

To access the Site, you must have Internet access with the provider of your choice, the cost of which is at your expense, and you acknowledge that:

• the reliability of transmissions is uncertain, due in particular to the heterogeneous nature of the infrastructures and networks on which they circulate and that, in particular, breakdowns or saturations may occur;
• it is your responsibility to take all measures you deem appropriate to ensure the security of your equipment and your own data, software or other items, in particular against contamination by any virus and/or attempted intrusion of which you may be a victim;
• any equipment connected to the Website is and remains under your sole responsibility, and the Publisher cannot be held liable for any direct or indirect damage that may arise from your connection to the Website.

Access to and use of the Website are for strictly personal use only. You undertake not to use this Website, or the information or data contained therein, for commercial, political or advertising purposes, or for any form of commercial solicitation, in particular the sending of unsolicited e-mails.

In addition, to access the auction services offered by the Publisher, you must first create an account on the Website by entering a login and password.

These login details will enable you to connect to your account and fill in your profile, including your first name, surname, postal address, e-mail address, gender, nationality, telephone number and bank details.

You undertake to respect and maintain the confidentiality of your account login details and expressly acknowledge that any connection to your account and any transmission of data from your account will be deemed to have been made by you.

Any loss, misappropriation or use of your login details and any consequences thereof are your sole and entire responsibility.

If you suspect that someone has gained access to your account, please contact [email protected] immediately.

3. Managing your account

You can manage (update, modify, etc.), at any time, the personal information entered when creating your account: first name, last name, postal address, e-mail address, gender, nationality, telephone number, bank details.

4. Description of services offered by the Website

The Website offers you a consultation service for the products offered for sale and, if you create an account, an online auction service for these products.

Purchases made on the Website are subject to the general terms and conditions of sale available here: https://roseauctions.co/conditions-generales-vente.

5. Website content

All logos, trademarks, photographs, designs, models, graphic charters, domain names, models, texts, comments, illustrations, images (animated or not), video sequences, sounds, as well as all computer applications, software or databases that may be used to operate this Website and, more generally, all elements reproduced or used on the Website are protected by current intellectual property laws.

They are the full and entire property of the Publisher, its partners or vendors. Any reproduction, representation, use or adaptation, by any process whatsoever, in any form whatsoever, of all or part of these elements, including computer applications, without the prior written consent of the Publisher, is strictly prohibited and constitutes an infringement within the meaning of articles L.335-2 et seq. of the French Intellectual Property Code. The fact that the Publisher does not initiate proceedings as soon as it becomes aware of such unauthorized use does not imply acceptance of said use and waiver of prosecution.

In particular, the verbal and figurative trademarks ROSE AUCTIONS are registered EU trademarks. Any total or partial reproduction of these trademarks without the prior written authorization of the Publisher is prohibited.

6. Website management

For the proper management of the Website, the Publisher may at any time:

• suspend, interrupt or limit access to all or part of the Website, restrict access to the Website, or to certain parts of the Website, to a specific category of Internet users;
• remove any information that could disrupt its functioning or contravene national or international laws;
• suspend the Website in order to carry out updates.

7. Liability

The Publisher cannot be held liable for any failure, breakdown, difficulty or interruption in operation, preventing access to the Website or any of its functions.

Similarly, the Publisher cannot be held liable for any loss of data.

You are entirely responsible for the equipment you use to connect to the Website. You must take all appropriate measures to protect your equipment and your own data, in particular from viral attacks on the Internet. You are also responsible for the websites and data you consult.

The Publisher cannot be held responsible in the event of legal proceedings against you:

• as a result of using the Website or any service accessible via the Internet;
• as a result of your failure to comply with these terms and conditions.

The Publisher is not responsible for any damage caused to you, to third parties and/or to your equipment as a result of your connection to or use of the Website, and you hereby waive any claim against the Publisher in this respect.

In the event that the Publisher is the subject of any amicable or legal proceedings arising from your use of the Website, the Publisher may take action against you to obtain compensation for any damages, sums, penalties and costs that may arise from such proceedings.

8. Hypertext links

It is forbidden to set up hypertext links to all or part of the Website, except with the prior written authorization of the Publisher, requested by e-mail sent to the following address: [email protected]. The Publisher is free to refuse such authorization without having to justify its decision in any way whatsoever. Should the Publisher grant its authorization, it is in any case only temporary and may be withdrawn at any time, without any obligation on the part of the Publisher to justify its decision. In all cases, any link must be withdrawn at the Publisher’s request.

No information accessible via a link to other websites is under the control of the Publisher, who declines all responsibility for their content.

9. Photographs and representation of products

The photographs of products, accompanying their description, are not contractual and not binding for the Publisher.

10. Applicable law

The present terms and conditions of use of the Website are governed by French law and are subject to the jurisdiction of the courts of Paris, subject to a specific attribution of jurisdiction arising from a particular legal or regulatory text.

11. Contact

If you have any questions or require information about the products presented on the Website, or about the Website itself, you can leave a message at the following address: [email protected]