Terms of Use & Auction Conditions

3.1 Account Creation

To participate in auctions, you must register for an account and provide accurate, current, and complete information. You agree to update your information promptly if it changes.

3.2 Verification Requirements

We may require identity verification, including government-issued identification, proof of address, and payment verification. For high-value auctions, we may require additional verification including bank references, credit checks, or security deposits. We reserve the right to refuse registration or suspend accounts pending verification.

3.3 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use. We are not liable for any loss or damage arising from your failure to protect your account credentials.

3.4 One Account Per Person

Each person may maintain only one account. Creating multiple accounts to circumvent restrictions, manipulate auctions, or for any other purpose is prohibited and grounds for immediate termination of all accounts.

4.1 Binding Bids

ALL BIDS ARE BINDING, IRREVOCABLE OFFERS TO PURCHASE. By placing a bid, you enter into a legally binding contract to purchase the Item at your bid price if you are the winning bidder. Bids cannot be retracted, canceled, or modified except in extraordinary circumstances at our sole and absolute discretion.

4.2 Bid Increments

Bids must meet or exceed the minimum bid increment established for each auction. Bid increments are determined by the current bid level and are displayed on the auction page.

4.3 Automatic Bidding

Our automatic bidding system allows you to set a maximum bid. The system will bid on your behalf up to your maximum, using the minimum increment necessary to maintain the winning position. Your maximum bid is confidential and will not be disclosed to other bidders.

4.4 Auction Extensions

If a bid is placed within the final minutes of an auction (typically 2-5 minutes, as specified for each auction), the auction may be automatically extended to allow other bidders an opportunity to respond. Extensions continue until no bids are placed within the extension period.

4.5 Reserve Prices

Some Items may have a reserve price (the minimum price the Curator will accept). If the reserve is not met, the Item will not be sold. Reserve status is indicated on the auction page. The Curator may, at their discretion, accept a bid below the reserve.

4.6 Winning Bid Determination

The highest bidder at the close of the auction is the winning bidder, subject to any reserve price and our right to reject bids. In the event of a dispute, our records are conclusive. We reserve the right to reopen bidding or cancel an auction if we determine there was an error or irregularity.

4.7 Bid Rejection

We reserve the right to reject any bid at our sole discretion, including but not limited to bids from users with unpaid invoices, unverified accounts, suspected fraud, or those who have previously violated these Terms.

4.8 Prohibited Bidding Practices

You agree not to:

• Place bids without the intent or ability to complete the purchase
• Engage in shill bidding (bidding on your own items or colluding with others to artificially inflate prices)
• Use automated systems or bots to place bids without our express permission
• Bid on behalf of another person without proper authorization
• Interfere with or manipulate the bidding process in any way
• Coordinate with other bidders to suppress prices

5.1 Buyer's Premium

A buyer's premium is added to the winning bid amount (the "Hammer Price"). The buyer's premium percentage is disclosed on each auction and is typically 15-25% of the Hammer Price. The buyer's premium is part of the total purchase price and is non-refundable.

5.2 Taxes

You are responsible for all applicable taxes, including sales tax, VAT, customs duties, and import fees. Tax amounts may be collected at checkout where required by law. For international shipments, you are solely responsible for all customs duties, import taxes, and brokerage fees.

5.3 Currency

All prices are displayed in the currency indicated on the auction. Currency conversions are provided for convenience only and may not reflect actual exchange rates charged by your payment provider.

6.1 Payment Deadline

Payment in full is due within seven (7) calendar days of the auction close. Failure to complete payment within this period constitutes a breach of contract and may result in cancellation of the sale, negative feedback, account suspension, and legal action.

6.2 Accepted Payment Methods

We accept the following payment methods: credit cards (Visa, Mastercard, American Express), debit cards, bank wire transfer, and other methods as indicated. We reserve the right to require specific payment methods for high-value transactions.

6.3 Payment Verification

All payments are subject to verification and fraud screening. We may delay processing or shipment pending verification. We reserve the right to cancel transactions where we suspect fraud or unauthorized use of payment methods.

6.4 Late Payment

Late payments may incur interest at the rate of 1.5% per month or the maximum rate permitted by law. We may also charge collection costs, attorney fees, and other expenses incurred in collecting past-due amounts.

6.5 Non-Payment Consequences

If you fail to pay for a won Item, we may: (a) cancel the sale; (b) resell the Item and hold you liable for any deficiency; (c) apply any deposits or credits to amounts owed; (d) report non-payment to credit agencies; (e) permanently ban you from the Service; and (f) pursue all legal remedies available.

7.1 Shipping Costs

Shipping costs are the responsibility of the Buyer unless otherwise stated. Shipping costs are calculated based on destination, dimensions, weight, and required handling. Insurance is mandatory for all shipments and is included in the shipping cost.

7.2 Shipping Timeframes

Items are typically shipped within 7-14 business days after payment confirmation. Delivery times vary by destination and carrier. Estimated delivery times are not guaranteed and Effable Estates is not responsible for carrier delays.

7.3 Risk of Loss

RISK OF LOSS AND TITLE PASS TO THE BUYER UPON DELIVERY TO THE SHIPPING CARRIER. Effable Estates is not responsible for loss, damage, or delay during transit, though Items are insured during shipping. Claims must be filed with the carrier and insurer in accordance with their policies.

7.4 International Shipping

International shipments may be subject to customs inspection and delays. Buyer is solely responsible for compliance with all import laws and regulations, including obtaining necessary licenses and permits. Effable Estates makes no representation regarding the legality of importing any Item into any jurisdiction.

7.5 Shipping Address

Items will be shipped to the address on file. You are responsible for ensuring your shipping address is accurate. We are not responsible for Items delivered to an incorrect address provided by you.

7.6 Refusal of Delivery

If you refuse delivery or fail to accept a shipment, you remain responsible for the full purchase price. Return shipping costs and any additional fees will be charged to your account.

8.1 As-Is Sales

ALL ITEMS ARE SOLD "AS IS" AND "WHERE IS" WITH ALL FAULTS AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. EFFABLE ESTATES MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CONDITION, AUTHENTICITY, ATTRIBUTION, PROVENANCE, OR VALUE OF ANY ITEM.

8.2 Descriptions

Item descriptions, including condition reports, photographs, and provenance information, are provided by Curators and are for informational purposes only. Descriptions are statements of opinion, not fact or warranty. Photographs may not accurately represent color, scale, or condition. Minor variations, wear, and aging are normal and do not constitute defects.

8.3 Condition Reports

Condition reports are subjective assessments provided as a convenience. The absence of a condition report or the omission of specific details does not imply that an Item is free from defects. Condition grades (e.g., "excellent," "good," "fair") are relative terms subject to interpretation.

8.4 Due Diligence

YOU ARE SOLELY RESPONSIBLE FOR CONDUCTING YOUR OWN DUE DILIGENCE BEFORE BIDDING. You should examine all available information, request additional photographs or condition reports if needed, and satisfy yourself as to the authenticity, condition, and value of any Item before bidding. Placing a bid indicates that you have conducted sufficient due diligence and are satisfied with the Item.

8.5 No Guarantees of Value

Estimates, appraisals, and valuations provided are opinions only and are not guarantees of value. Items may sell for more or less than estimated values. Past sales prices are not indicators of future value.

9.1 Curator Verification

All Curators on our platform are verified, and Items come with a Certificate of Authenticity signed by the Curator. However, Effable Estates does not independently verify the authenticity of every Item and makes no guarantees regarding authenticity.

9.2 Authenticity Claims

If you believe an Item is not authentic, you must notify us in writing within thirty (30) days of receipt, including evidence from a qualified independent expert. We will investigate the claim and, if we determine the Item is inauthentic, facilitate a return and refund. This is your sole remedy for authenticity disputes.

9.3 Limitations

Authenticity claims do not apply to: (a) Items described as reproductions, facsimiles, or authorized copies; (b) damage, wear, or deterioration occurring after delivery; (c) claims based on disagreement with attribution, dating, or provenance; or (d) claims made more than 30 days after receipt.

10.1 All Sales Final

ALL SALES ARE FINAL. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS REGARDING AUTHENTICITY CLAIMS, NO RETURNS, REFUNDS, OR EXCHANGES WILL BE ACCEPTED FOR ANY REASON, INCLUDING BUT NOT LIMITED TO BUYER'S REMORSE, CHANGE OF MIND, DISSATISFACTION WITH CONDITION, OR FAILURE TO MEET EXPECTATIONS.

10.2 Damaged Shipments

If an Item arrives damaged, you must: (a) document the damage with photographs before further handling; (b) retain all packaging materials; (c) notify us and the carrier within 48 hours of delivery; and (d) cooperate with the insurance claim process. Claims for shipping damage are subject to carrier and insurance company policies.

10.3 Significant Discrepancies

In extraordinary circumstances where an Item is materially and substantially different from its description in a manner that was not disclosed and could not have been reasonably anticipated, we may, at our sole discretion, consider a return request. Such requests must be submitted within 48 hours of receipt with detailed documentation.

11.1 Donation Structure

A percentage of each sale is donated to charitable organizations selected by the Curator. The donation percentage is disclosed on each listing and typically ranges from 10-50% of net proceeds.

11.2 Third-Party Charities

Effable Estates facilitates donations but is not responsible for the operations, tax status, or use of funds by charitable organizations. We do not provide tax advice and cannot guarantee the tax deductibility of any donation. Consult your tax advisor.

11.3 Donation Receipts

Donation receipts, if available, are provided by the charitable organization, not Effable Estates. We are not responsible for obtaining or providing donation receipts.

12.1 Curator Representations

Curators represent and warrant that:

• They have clear legal title to all Items listed
• They have the right to sell the Items
• Items are authentic as described
• Items are not stolen, counterfeit, or subject to any liens or encumbrances
• Listing does not violate any laws or third-party rights
• All information provided is accurate and complete

12.2 Curator Obligations

Curators agree to: (a) provide accurate descriptions and condition reports; (b) respond promptly to buyer inquiries; (c) ship Items in a timely manner after payment confirmation; (d) package Items properly to prevent damage; and (e) cooperate with dispute resolution.

12.3 Curator Indemnification

Curators agree to indemnify and hold harmless Effable Estates from any claims arising from their listings, including claims related to authenticity, title, description accuracy, or third-party rights.

14.1 Effable Estates Property

The Service, including all content, features, functionality, software, trademarks, logos, and designs, is owned by Effable Estates and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or exploit any portion without our express written permission.

14.2 User Content License

By posting content on the Service, you grant Effable Estates a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, modify, display, and distribute such content in connection with the Service and our business.

14.3 DMCA Compliance

We respect intellectual property rights and respond to valid takedown requests under the Digital Millennium Copyright Act. Report infringement to legal@effableestates.com.

18.1 Governing Law

These Terms and any disputes arising from or related to the Service or any Item shall be governed by and construed in accordance with the laws of France, without regard to its conflict of laws principles.

18.2 Exclusive Jurisdiction

You agree that any legal action or proceeding arising out of or related to these Terms or the Service shall be brought exclusively in the courts located in Paris, France. You consent to the personal jurisdiction of such courts and waive any objection based on inconvenient forum.

18.3 Informal Resolution

Before filing any claim, you agree to contact us at legal@effableestates.com and attempt to resolve the dispute informally for at least 30 days. Most disputes can be resolved without formal legal action.

18.4 Arbitration (Where Permitted)

Where permitted by law, any dispute not resolved informally may be submitted to binding arbitration administered by a recognized arbitration institution in Paris, France. The arbitration shall be conducted in French or English, as agreed by the parties.

18.5 Class Action Waiver

TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

18.6 Time Limitation

You agree that any claim arising out of or related to the Service or any Item must be filed within one (1) year after the claim arose, or the claim is permanently barred.

19.1 Termination by You

You may terminate your account at any time by contacting us. Termination does not release you from obligations for completed or pending transactions.

19.2 Termination by Us

We may suspend or terminate your account at any time, with or without cause, with or without notice, at our sole discretion. Reasons for termination include but are not limited to violation of these Terms, suspected fraud, non-payment, or abusive conduct.

19.3 Effect of Termination

Upon termination: (a) your right to use the Service immediately ceases; (b) outstanding obligations survive, including payment for won Items; (c) provisions that by their nature should survive will remain in effect, including warranty disclaimers, limitation of liability, indemnification, and dispute resolution.

21.1 Entire Agreement

These Terms, together with our Privacy Policy and any auction-specific terms, constitute the entire agreement between you and Effable Estates regarding the Service and supersede all prior agreements and understandings.

21.2 Severability

If any provision of these Terms is held invalid or unenforceable, that provision will be modified to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

21.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver must be in writing and signed by Effable Estates.

21.4 Assignment

You may not assign or transfer these Terms or your rights without our prior written consent. We may assign these Terms without restriction.

21.5 Force Majeure

Effable Estates is not liable for any failure or delay in performance due to causes beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

21.6 Relationship

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Effable Estates. Curators are independent contractors, not employees or agents of Effable Estates.

21.7 Third-Party Beneficiaries

There are no third-party beneficiaries to these Terms except that Curators may enforce applicable provisions regarding their Items.

21.8 Notices

We may provide notices to you by email to the address on file, by posting on the Service, or by other reasonable means. You must provide notices to us by email to legal@effableestates.com or by mail to our address below.

21.9 Language

These Terms are written in English. If translated into other languages, the English version controls in case of conflict.