Terms and conditions of use
1. DEFINITIONS
Buyer User who buys a lot put up for sale during a clearance sale on the platform. https://letempsjadisauction.com
Adjudicator Bidder: A bidder whose bid has been selected as the highest at the end of a Live or Online sale on the platform. He then becomes the owner of the lot.
Catalogue List and reproduction of the lots offered for sale by the Sales Operator, including the compulsory information stipulated in article R.321-33 of the French Commercial Code.
Community Public administrative entity that can put goods up for sale as part of clearance sales.
General Terms and Conditions of Sale of the Sales Operator General Terms and Conditions of Sale: General Terms and Conditions of Sale specific to each Operator, defining the terms and conditions of participation in the auctions it organises, and committing it to the User.
Account Profile: Personal or professional profile created on the Le Temps Jadis Auction platform enabling a User to take part in sales.
Individual account Account held by an individual acting outside a professional capacity.
Professional Account Account held by a natural or legal person acting in the course of his or her professional activity.
General Terms and Conditions of Use (GTCU) This document defines the rules for using the Le Temps Jadis Auction platform.
Storekeeper Professional or public body organising sales of items belonging to it on the Le Temps Jadis Auction platform.
Automatic Auction Functionality allowing a Bidder to define a maximum price for a lot, without the Sales Operator being aware of it. This bid is automatically placed up to this price.
Bidder User placing one or more bids during the sales offered on the platform.
Sales Operator Auctioneer: Individual or legal entity organising voluntary, judicial or clearance auctions on the platform. This may be a voluntary operator, a judicial auctioneer, a ministerial officer or any other person legally authorised to conduct auctions.
Buy order Instruction given by a Bidder to the Sales Operator to bid on his behalf up to a specified maximum amount, in the event that he is absent from the sale.
Platform The website https://letempsjadisauction.com managed by Le Temps Jadis Auction.
Account creation process Online registration process that the User must follow to access the services offered on the platform.
No Auction Minimum amount to be added to the previous bid to be valid.
Auction Ceiling Maximum amount defined globally by the Sales Operator for a specific sale.
User Bidding Ceiling Maximum amount that the User is authorised to commit to a sale.
User Any person who has created an account on the platform, whether an Individual or a Professional.
Classic Catalogued Sales Sales organised by the Operator and presented in an online catalogue, without live transmission.
Live sales Auction room sales broadcast live on the platform, with the option of bidding remotely.
Online Sales Sales taking place exclusively on the internet via the platform.
Sales Clearance Special sales organised by a stockist or local authority on the Le Temps Jadis Auction platform.
2. ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF USE
Each User must read and accept these Terms and Conditions of Use without reservation when creating their Account and when registering for a sale. This acceptance is made by means of a checkbox system.
These GCU are independent of the GCS specific to each Sales Operator, which govern the contractual relationship between the Operator and Users.
3. ENTRY INTO FORCE
These General Terms and Conditions of Use come into force on 01/12/2024 and apply to all use of the Le Temps Jadis Auction platform.
4. FEES
Le Temps Jadis Auction does not charge any fees to Users for the use of the platform. However, Auction Operators may charge fees to the Auctioneer (commissions, administrative costs, etc.). These fees are specified in each Operator's GTC, which the User must consult and accept before participating in a sale.
5. SUBJECT
The platform https://letempsjadisauction.com is managed by Le Temps Jadis Auctionwhose registered office is at Chaussée de Bruxelles 840, 6210 Frasnes-lez-Gosseliesregistered with the ECB under number 0733.855.775.
Le Temps Jadis Auction provides an interface enabling Users and Auction Operators to get in touch with each other in order to facilitate the organisation of and participation in physical or online, voluntary or judicial auctions.
6. CREATING AN ACCOUNT
Only natural persons of full legal age may create an account on the Le Temps Jadis Auction platform.
Protected adults may access the site subject to authorisation from their legal representative, specifying the authorised bidding conditions.
Each User may only create one Individual Account and/or one Professional Account on the platform.
The Account is created via an online process during which the User must provide personal information, bank details and proof of identity. This information is used to secure transactions and ensure the traceability of bids, in compliance with legal obligations to combat fraud.
All of this data is verified and stored securely by Le Temps Jadis Auction's technical service providers, in particular for identity documents and bank details.
Any incomplete, erroneous or illegible account creation process may be rejected.
7. THE PLATFORM
7.1. CONSULTATION OF CATALOGUES AND SALE INFORMATION
The auction catalogues are freely accessible before and during the sale, with the possibility of consulting the lot descriptions, conditions of sale, fees, opening hours and other useful information.
In the event of automatic translation of the catalogues, only the original version will be deemed authentic.
7.2. VIEWING IN VIEWER MODE
Temps Jadis Auction allows live viewing of certain Live sales, without the possibility of bidding, for Users who have not registered or who have registered after the deadline.
7.3. PRE-REGISTRATION AND REGISTRATION FOR A SALE
A User may pre-register for a sale before the official opening of registrations. They will then receive notification as soon as registration opens.
To register for a sale (Live, Online or Clearance), the User must have completed the entire account creation process. Registration is then subject to acceptance by the Sales Operator, who may request additional information or refuse registration without justification.
7.4. LIVE AUCTION
7.4.1. Real-time auctions
The User can take part in a Live auction in real time via the platform. Bids are transmitted directly to the Sales Operator, who retains control of them and can accept or refuse them.
The User may view sales and change the currency in which they are displayed. Exchange rates are indicative and Le Temps Jadis Auction cannot be held responsible for them.
7.4.2. Purchase Orders
Where permitted by the Operator, the User may submit a Buy Order before the sale. This specifies the lot sought and the maximum price. The Sales Operator is solely responsible for executing or refusing the order.
7.4.3 Automatic auctions
The User may set a maximum amount for a lot. The platform will automatically bid up to this amount on the User's behalf. The identity and maximum amount remain confidential, except in the event of a technical incident.
The User may modify or cancel this auction up to three lots before the lot in question goes on sale.
7.4.4 Auction management
The platform calculates the provisional winning bidders in real time according to the types of bids submitted (simple or automatic) and applies the priority rules in the event of identical bids.
8. ONLINE AUCTION OR CLEARANCE SALE
Once registered for an Online or Clearance sale, the User can bid in two ways:
- By simple bid (Pas d'Enchère added),
- By automatic auction (maximum amount fixed in advance).
The management and auction rules follow the same logic as for Live sales.
8.1. Award
The auction is announced at the end of the countdown displayed on the lot description, with an automatic extension if a bid is placed in the last three minutes. This feature, known as thestaggered automatic auction guarantees equal opportunities for all bidders.
9. BIDDING LIMIT
The Sales Operator may set a Bidding Ceiling per User for a given sale. This can be increased by means of a deposit (bank authorisation), which is refundable if no lot is sold.
Any failure to pay for a prize will result in suspension of the Account for a maximum of three years, as well as possible inclusion in the exclusion file.
10. CAUTION
The Operator may also require a 3D Secure deposit to validate the registration. This security guarantees the Bidder's ability to pay in the event of an auction.
11. ONLINE PAYMENT BY THE WINNING BIDDER
At the end of a Live, Online or Clearance sale, the Adjudicator authorises the Sales Operator to use the bank details collected to make a payment. partial or total payment of the auction price, including the lots won and related costs (commission, selling expenses, any transport costs, etc.).
The User's consent is obtained when registering for the sale, via a dedicated tick box.
The Operator may also send a secure payment link to the Buyer by email so that he/she can pay the adjudication slip directly.
As part of a sale Clearancethe Buyer undertakes to pay the invoice within a period of seven (7) days following the sending of the confirmation email. After this period, the Operator may put the property back up for sale.
12. RIGHT OF WITHDRAWAL
In accordance with article L121-28 11°) of the French Consumer Code, the right of withdrawal does not apply public auctions.
However, there are a number of reasons for this, as part of a clearance salewhen the Buyer is a consumers from the European Economic Area and he buys from a professional Seller, he benefits from a period of fourteen (14) days from receipt of the goods to exercise the right of withdrawal.
The return shall be made at its own expense, in the original packaging and in perfect condition. The refund will only cover the purchase price, unless otherwise stated in the Operator's GCS.
The Buyer must notify his intention to withdraw to the contact address of the Operator concerned, and may use the withdrawal form provided.
13. DEFAULT OF PAYMENT
In the event of non-payment of the adjudication slip, the Sales Operator will apply its own dunning procedure.
If, after 7 daysIf payment has not been made in full, Le Temps Jadis Auction reserves the right to cancel the bid. suspend the Account of the debtor for a period of 3 years and save its information in an exclusion file.
As soon as it has been regularised, this data is deleted within a period of 48h after confirmation by the Operator. This file is only accessible to staff responsible for customer management and debt collection.
14. AVAILABILITY OF THE PLATFORM
Le Temps Jadis Auction strives to keep its platform accessible 7 days a week, 24 hours a daySubject to technical maintenance, updates or Internet-related incidents.
Service interruptions may occur without entitling the User to compensation. The platform does not guarantee uninterrupted access, particularly in the event of network overload or failure of the User's access provider.
15. ACCOUNT ACCESS
The Account is accessible via the https://letempsjadisauction.com using the User's personal login and password.
If you forget your password, a secure reset system is available. The password must include at least 8 characters including at least three of the following types: upper case, lower case, digits, special characters.
Identifiers are strictly confidential. The User is responsible for any fraudulent use of his/her Account, and must immediately report any suspicious activity to : in**@*****************on.com.
16. OBLIGATIONS OF THE USER
The User undertakes to choose between an Individual or Professional Account in accordance with his actual activity. Any erroneous declaration may result in the requalification or suspension of the Account.
User IDs and passwords are strictly personal. The User is solely responsible for their use and must ensure their confidentiality. In the event of theft or fraudulent use, the User must immediately inform Le Temps Jadis Auction at the following address: in**@*****************on.com.
The User undertakes to :
- Log off after each session, especially on a public computer;
- Provide accurate information when creating the Account and keep it up to date;
- Not to publish content that is illegal or infringes the rights of third parties.
It is also the user's responsibility to have the technical tools required to use the platform: up-to-date browser, broadband Internet connection, compatible configuration.
The User acknowledges the validity of the auction mechanisms described in the GCU and accepts that the execution of his/her orders may be entrusted to an automated system.
17. LIMITATION OF LIABILITY
Le Temps Jadis Auction acts as technical provider bringing together Sales Operators and Users. It is not involved in :
- Selection or description of lots ;
- Sales organisation and management;
- Collection or delivery of the goods.
The platform does not guarantee the authenticity, conformity or legality of the lots presented. In the event of a dispute between a User and an Operator, Le Temps Jadis Auction cannot be held liable.
With regard to transport, any use of the services of an external service provider is the sole responsibility of the Buyer. Le Temps Jadis Auction does not intervene in the resulting contractual relationship.
The platform may not be held liable:
- In the event of force majeure (article 1218 of the French Civil Code) ;
- Due to a third party ;
- A breach by the User or the Sales Operator of its obligations.
18. BAN ON ARTIFICIAL AUCTIONS
It is forbidden to use the platform for :
- Artificially raising prices with no intention of buying;
- Speculate with the aim of a quick resale without any real ability to pay;
- Use external software, robots or scripts to automate auctions.
Only the functions provided by the platform are authorised.
19. SUSPENSION - DEACTIVATION OF THE ACCOUNT
Le Temps Jadis Auction may suspend or delete an Account in the event of :
- Fraud or attempted fraud ;
- Disruptive behaviour during sales or withdrawals;
- Inappropriate or improper use of the platform;
- Unresolved payment incidents ;
- Repeated failure to comply with these GCU.
An email will be sent to inform the User of the suspension. Le Temps Jadis Auction may also deactivate an Account that has been inactive for more than 3 yearsafter notification.
The data associated with the Account will be deleted or anonymised in accordance with the Confidentiality Policy.
20. UNSUBSCRIPTION - WITHDRAWAL
Users may request closure of their Account at any time by sending an email to : in**@*****************on.com.