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Terms and Conditions of Sale
Effective January 1, 2021
Please carefully read these Goupil & Cie’s Terms and Conditions of Sale (the “Terms”), which apply to online bidding and online direct sales (“Online Sales”), and form a binding agreement (the “Agreement”) between registered bidders and buyers of lots offered in Online Sales (“you” or “your” or “bidders” or “buyers”), the seller of lots offered in Online Sales (the “Seller”), and Goupil & Cie Limited, registered at 16 Great Queen Street, Covent Garden, London, United Kingdom, WC2B 5AH, in the United Kingdom (hereinafter known as “Goupil & Cie” or “we” or “us” or “our”).
We may amend the Terms at any time by posting the amended terms on this website page. It is your responsibility to review them before registering for an online account with Goupil & Cie (an “Account”) to participate in and/or buy from our Online Sales or participate in and/or to buy Online Sales available through an Account. It is also your responsibility to review any additional applicable information to the Online Sales which are set out on Goupil & Cie’s web pages located within www.goupilauction.com (the “Website”). Please also carefully read the Terms of Use of this Website since Online Sales are subject to them at all times.
By registering an Account to participate in and/or buy from our Online Sales, you acknowledge and signify that you have read, understand and agree to our Terms. If you do not agree to the Terms, then you may not register for an Account or participate in and/or to buy from Online Sales available through an Account.
By registering for an Account or participating in and/or buying from our Online Sales, you acknowledge and signify that you have read, understood and expressly agreed to the most current version of these Terms and of the Terms of Use of this Website, as well as any additional applicable information to the Online Sales which are set out on the Website, regardless of your physical location. They shall be legally binding. If you do not accept and agree to the most current version of these Terms and/or the Terms of Use of this Website, and/or any additional applicable information to the Online Sales which are set out on the Website, then you may not register for an Account or participate in and/or to buy from Online Sales available through an Account.
Our Online Sales are not intended for minors. Registering an Account to participate in and/or buy from our Online Sales, or participating in and/or buying from our Online Sales available through an Account is prohibited for persons under the age of eighteen (18).
In this Agreement, capitalized terms have the meanings provided in this Section, unless expressly provided otherwise in other Articles or provisions. All defined terms include both the singular and the plural. All references to Articles refer to Articles in this Agreement, and all references to additional terms constitute a part of this Agreement.
“Seller” is the seller of a specific lot offered in Online Sales and defines who owns a specific lot at the time the sale, through the Online Sales, is completed. Goupil & Cie may offer lots which are owned by Goupil & Cie in whole or in part. Any specific lot which is owned by Goupil & Cie in whole or in part is identified in the lot description with the symbol •.
“Participants” collectively refer to Buyers and Sellers.
“Agent” means that Goupil & Cie acts as a service provider to the Seller in the case the Seller is a third party in order to assist the Seller to sell his or her property, and for which a sale contract has been concluded between the Seller and the successful Bidder or Buyer for Goupil & Cie to sell the property on behalf the third-party Seller.
“Online Direct Sales” may be offered for specific properties or lots at a fixed price aside of the online bidding sales. If you participate in and/or buy from Online Direct Sales, these Terms apply in the same manner as if you had successful bidded for the same properties or lots in the online bidding sales.
“Sales” mean any Goupil & Cie sales including saleroom bidding, private sales and Online Sales for which these Terms apply.
Goupil & Cie may update these Terms at any time and without prior notice to you and at our sole discretion. In case of amendment to these Terms, the changes will be immediately applicable upon publication on the Website. Any changes will take effect on the “Effective” date posted at the top of these Terms of the Terms’ webpage. It is your responsibility to carefully read the most current version of these Terms, note the version date on the top of these Terms, and review any changes since the previous version. By registering for an Account to participate in and/or buy from our Online Sales, or participating in and/or buying from Online Sales available through an Account, you signify your unconditional acceptance and agreement to be bound by the changed Terms. You may not change these Terms in any manner.
If there is any separate agreement or a written consent with Goupil & Cie, such separate agreement or written consent may supersede this Agreement in whole or in part.
Goupil & Cie’s lot description (the “Description(s)”) and the Goupil & Cie condition report (the “Condition Report(s)”) may include lots’ year or period of creation, history of ownership of the lot including origin or provenance, literature and/or exhibition history and references, when those information are known and/or authorised to be disclosed, as well as approximate measurements.
Photographs and illustrations’ basic aspects of a lot including but not limited to color, brightness, contrast, and overall image quality and resolution (the “Basic Aspects”) are for identification purposes only. They cannot be considered and/or interpreted as precise indications of the condition of lots despite our reasonable efforts to display accurate information and image of lots.
In addition, differences in screen devices may affect the Basic Aspects of a lot. We cannot be liable for any difference of the basic aspects of a lot between your or any screen devices and the property delivered.
For Goupil & Cie Online Sales, no preview is available. Participating in and/or buying from our Online Sales is entirely at your own risk.
For any Sales including but not limited to both Goupil & Cie saleroom bidding and Online Sales, Goupil & Cie shall not accept any responsibility for the influence and/or guidance to prospective Buyers in making their final decisions.
Each lot is offered and sold “as is” and in the condition that it is in at the time of the Online Sales in accordance with the terms and conditions of sale applicable to the respective online sale. Although the condition report is prepared honestly and carefully, it may not refer to all faults, restoration, alteration or adaptation. Based on their age and type, many lots are not in perfect condition. The condition report is a statement of opinion only. The absence of condition report or reference to the condition of a particular lot of any Sales including Online Sales does not mean that the lot is free from faults or imperfections.
We own the copyright of all images, illustrations, Descriptions, Condition Reports and any other written material produced by or for us relating to a lot including on any prints or digital contents related to a Goupil & Cie saleroom bidding, private sales or Online Sales, which are and shall remain the property of Goupil & Cie at all times. You cannot use them without prior written permission of Goupil & Cie. Goupil & Cie and/or Seller do not offer any guarantee that you will gain any copyright or other reproduction rights to the lot.
Any information provided by us regarding to any Sale or lot whether written, visual or oral, including but not limited to the authorship, the Description, the Condition Report, omission, erratum, or any other report (the “Contents”) are statements of Goupil & Cie is opinion only. Goupil & Cie may not be liable for any statement or any information reported or mentioned in the Contents by our representatives, employees or related staff at the exception of a lot sold that has been proved to be a Counterfeit.
No cancellation of sales contract shall be accepted on grounds of differences between the Description and/or Condition Report and/or the photographs and illustrations’ Basic Aspects of a lot, and the actual condition or state of the lot sold.
Any estimate for a lot mentioned in the Description or Condition Report is intended as a guide for Buyers, and should not consequently be relied upon as an indicator or a prediction of the realised selling price or actual value for any other purpose. Goupil & Cie may show estimates in other major or hard currencies (“Foreign Currencies”) in addition to the British pound (GBP) which shall be the settlement currency of the sale. Any converted estimate expressed in Foreign Currencies derived from the GBP estimate is also intended as a guide for Buyers. Goupil & Cie cannot be bound by any rate or amount of conversion shown between Foreign Currencies and GBP. Goupil & Cie is not responsible for any error either human or otherwise, omission or breakdown in displaying or mentioning converted estimates in foreign currencies derived from GBP.
Buyer’s premium
For any lot sold, a buyer’s premium will be charged and added to the hammer price (“the “Buyer’s Premium). The Buyer’s Premium is calculated at a flat rate of 18% of the hammer price.
Settlement currency
As for the estimate, Goupil & Cie may show settlement prices in Foreign Currencies in addition to the British pound (GBP). However, GBP shall exclusively be the settlement currency of the sale. Any converted settlement price expressed in Foreign Currencies derived from the GBP settlement price is intended as a guide for Buyers. Goupil & Cie cannot be bound by any rate or amount of conversion shown between Foreign Currencies and GBP. Goupil & Cie is not responsible for any error either human or otherwise, omission or breakdown in displaying or mentioning converted settlement prices in foreign currencies derived from GBP.
Taxes
The Buyer is responsible for assessing and settling any applicable taxes including any value added tax (“VAT”), sales or compensating use tax or equivalent tax (“Taxes”) wherever such taxes may arise from any sold lot from any Sales calculated or added to the hammer price, the buyer’s premium, and/or any other charges related to the lot sold, whatever the Buyer’s citizenship and/or country of residence. Taxes may be invoiced separately because of applicable tax law or shipment arrangement. Goupil & Cie recommends you obtain your own independent tax advice for any questions.
Artist’s Resale Royalty
Under certain conditions and for specific jurisdictions, resale royalties known as Artist’s Resale Right or Droit de Suite (“ARR”) apply and are due to the artist or the artist’s estate when any lot created by the artist is sold. Lots subject to as ARR may be mentioned in the Special Notice section of the Description. However, the absence of reference of ARR of a particular lot of any Sales or Online Sales does not mean that the lot is free from ARR.
Goupil & Cie is not responsible and cannot be liable for any error either human or otherwise, omission in displaying or mentioning ARR for a lot. Buyers or Sellers when applicable are fully responsible and will be charged for the settlement of ARR payment.
As an example, under the EU Directive, the ARR payment applies according to a tapering and cumulative scale of rates across five segments of the hammer price excluding VAT hereafter expressed in euros (EUR) as follows:
- 4% up to EUR 50.000
- 3% between EUR 50.000,01-200.000,00
- 1% between EUR 200.000,01-350.000,00
- 0.5% between EUR 350.000,01-500.000,00
- 0.25% in excess of EUR 500.000,01 or capped to a maximum of EUR 12.500
The ARR payment an artist can receive from a single lot sold is capped at EUR 12.500. The Buyer or Seller, when applicable, of a lot sold subject to ARR will be charged by using the rate of exchange of the European Central Bank on the day of the sale of the lot sold.
Shipping Charges
Buyers are responsible for the assessment and settlement of any applicable international duties, custom charges, taxes, charges and tariffs owed to any appropriate government or collecting related entity to be paid prior to shipment and/or upon and/or after delivery including any third-party charges to perform shipment services or facilitation including any potential necessary insurance charges.
You will need to create a Goupil & Cie account in order to get access to our Online Sales. The registration page can be accessed by clicking here.
For individuals, you will need the following documents to upload for verification:
- A valid copy of your passport or government issued ID
- A proof of residential address dated within three months (ie. bank statement or utility bill)
- A valid credit card
For corporations, you will need the following formal documents to upload for verification:
- A valid copy of company’s incorporation
- The valid registered office and business address
- Company directors
- The shareholders and any ultimate beneficial owners
- Authorization for individual to bid on behalf of company
- A valid copy of the passport or government issued ID of the individual with authorization to bid
Please kindly note that a financial reference or deposit may be requested as a precondition to bid. Only a pre-authorization will be made on your credit card of 1 unit of your local currency to validate the credit card which will be refunded within 5 business days.
Once you have registered you should keep your account details strictly confidential and you must not permit any third party to use or access your Account on your behalf or otherwise. You will be liable for any and all bids made via your Account.
Once you have created your Account you do not need to register for each sale separately. You have access to all Online Sales that are going on once you have logged in. However, Terms and Conditions of Sale of the local law of the respective Online Sale location or invoicing entity location will apply. Please refer to the location of for each Sale including Online Sale indicated on the Website and the respective Terms and Conditions of Sale on the Privacy and Legal section of the Website.
When you participate in and/or buy from Online Sales, access and/or use our Services or contact us by email, you are communicating with Goupil & Cie electronically and consent to receive electronic communications from Goupil & Cie, such as emails or notices published on our Website. You agree that all agreements, notices, disclosures and other communications that Goupil & Cie provide to you electronically satisfy any legal requirement that such communication be in writing.
When required to register on our Website, you must provide true, current, accurate and complete information and must keep it up to date. Goupil & Cie may, at its sole discretion, refuse your registration, suspend or terminate your account or prevent you from using our Website or Services.
You acknowledge that you are entirely and solely responsible for any and all activities that occur under your account, as well as for ensuring that your password and username are kept confidential, that your account is not shared with anyone and that your computer and other devices are not accessed by a third party. Furthermore, you agree to notify Goupil & Cie without delay of any unauthorised use of your account or of any breach of security.
- Once you have logged into your Account, you will have access to all Online Sales.
- Once the Online Sale starts, you will be able to select the lots that you would like to bid on. You can place your bid for any lot at any time prior to its close. A confirmation for your bid together with applicable Terms and Conditions will appear and must be accepted to confirm your bid.
- During the online bidding, in the case that you have been outbid, you always have the possibility to increase your bid to the next incremental bid at any time prior to the individual lot closing time.
- There is a countdown to the close of the Online Sale on the top of the Lot page which shows the amount of time left before the Sale is closed. Each lot will also have an individual countdown and closes in 1 minute intervals which will be extended by another 2 minutes if a new bid is placed in the last minute before the lot closing time.
- The current bid will be displayed on each lot Website page of the Online Sale. In the event of a tie for a lot between an online bid placed by you or from your Account and any other identical bid including but not limited to absentee bids, which bid shall be accepted will be left at our discretion.
- Each bid shall be final and binding as soon as you click the Bid button. You acknowledge and agree that each bid submitted is irrevocable and cannot be amended or corrected, even if submitted in error and notified to us. You accept full liability for all bids submitted from your Account including the liability to pay in full and on time for the lot associated with the submitted successful bid in accordance with these Terms.
- (vii)Please note that for any reason at any time prior to, during or after a Sale, we reserve the right to reject any account creation, registration for any Sale including Online Sale, withdraw your permission to participate in/ buy from any Sale including Online Sale, and/or terminate an Account.
In accordance with the Terms, you agree to pay for and collect any lot of a successful bid submitted by you or from your Account (the “Successful Bid”). Buyers who placed a Successful Bid (“Successful Bidders”) will immediately receive a confirmation notification by email as soon as the Online Sale
Successful Buyers shall ensure that they have readily available funds to pay for the Invoice Amount in full for the lot before bidding for it. Successful Buyers acknowledge that Goupil & Cie will have no liability for declined, refused or erroneous payment of any kind whatsoever.
Successful Bidders will be responsible for the payment of the final due amount either via immediate online checkout through a link in the invoice by credit card for limits up to 5,000USD, 5,000EUR, 5,000GBP, 5,000CHF, 5,000SGD or 50,000HKD, or for any amounts, via wire transfer within 48 hours after receiving the invoice. Any wire transfers must originate from the bank account of the invoiced party only, we do not accept third party payments.
closes, in which you will be asked to pay for the lot of your Successful Bid.
A separate email with an invoice will be sent by a Goupil & Cie representative with the final amount due including the hammer price, the Buyers’ premium and any other applicable charges and taxes (the “Invoice Amount”) within 48 hours after the closing of the Sale.
Once the invoice issued, no change of the buyer’s name or address will be accepted. No invoice will be re-issued in a different name or address. We will only accept payments made by the registered Buyer.
Successful Bidders will receive an email confirmation of your payment transaction. Please kindly note that wire transfers can take up to 48 hours to be reflected in our system.
Successful Bidders must pay for the Invoice Amount of a lot in the local currency of the Sale. Successful Bidders must pay for the Invoice Amount in full, no partial payment of the Invoice Amount will be accepted. Goupil & Cie does not directly collect or process any payment information. Goupil & Cie does not have direct access to, or retain any credit or debit card information. Payment information is collected and processed directly by a third-party service provider.
Payment by cash or cheque
Payment by cash or cheque are not accepted means of payment.
Payment by card
A valid credit card is needed to verify your identity. If your identity has not been verified, you will not be able to bid for any lots in any auction. Your credit card will be charged 1 unit of your local currency to verify authenticity which will be refunded within 5 business days.
Successful Bidders may settle the payment of the due amount or Invoice Amount via immediate online checkout through a link in the invoice by credit card for limits up to 5,000USD, 5,000EUR, 5,000GBP, 5,000CHF, 5,000SGD or 50,000HKD. For any amounts above, only payment via wire transfer will be accepted within 48 hours after receiving the invoice. No payment across multiple credit cards for a single lot will be accepted. International transaction fees may incur if the payment is performed via a credit card from a different country or region than the Sale location.
Successful Bidders warrant that they are the cardholders of the credit or debit card used to perform the online payment for a lot.
Payment by bank transfer
Successful Bidders shall settle the payment of the Invoice Amount via wire transfer within 48 hours after receiving the invoice for any amount.
Successful Bidders shall exclusively settle the payment of the Invoice Amount via bank transfer for any amount above 5,000USD, 5,000EUR, 5,000GBP, 5,000CHF, 5,000SGD or 50,000HKD. All remittance charges will be at the Successful Bidder’s expense. Wire transfers from any third party are not allowed. Wire transfers from joint accounts will only be accepted if the name of the account holder appearing upon receipt of payment is the same as the name of Successful Bidder’s from the registered Account.
Successful Bidders shall ensure that the Invoice Amount is received by us in full with no deduction of any bank fees, commissions or foreign currency conversion charges.
Transfer of ownership and risk after payment
As the settlement of the sale contract, the ownership of the lot sold shall be released and transferred to the Successful Bidder pursuant to the clearance of the payment. After the payment of the lot sold has been received by Goupil & Cie, the lot sold will be held at Buyer’s own risk. Buyers may insure the lot sold at Buyers’ discretion, cost and responsibility based on any insurable value supported by the Invoice Amount.
Remedies in case of non-payment
If Buyer has failed to perform the payment of the lot sold in accordance with these Terms, Goupil & Cie shall be entitled to exercise the following rights:
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- To charge Buyers interest for late payment of 8% per annum on the Invoice Amount after 15 calendar days after the closing date of the Sale. Buyer shall pay any applicable interest in addition to the Invoice Amount at the time of the settlement.
- To terminate immediately the contract for the purchased lot with Buyers following Goupil & Cie’s notification to the registered email or mail address of Successful Bidder in case (a) Goupil & Cie shall deem Buyer has no intention to settle the Invoice Amount and any applicable interest for late payment and retains his/her/its right to cancel the contract for the purchased lot, (b) the invoice of the lot purchased cannot reach Buyers by email or mail because of Buyers’ refusal to communicate with us, acknowledge receipt of the invoice or unknown email or mailing address despite addressing to the correct registered contact details from the Account.
- Buyers shall lose any right over the purchased lot after the cancellation of the contract for the purchased lot. Under such circumstances, Goupil & Cie shall retain the right to offer the lot for sale in auctions or private sales and move/ship the lot to different facilities and/or location at Buyers’ expense and/or charge additional storage fee at Goupil & Cie’s sole discretion and without any notification to Buyers.
- In the event the lot is resold at a lower price than the Invoice Amount of the original purchase by Buyers. Goupil & Cie is entitled to claim the gap between both prices to Buyers in addition to any costs arising from the original non-payment. If any deposit was paid by Buyers at the time of the purchase without paying the Invoice amount in full after 14 calendar days, Goupil & Cie shall not refund any deposit to Buyers.
The sold lot will be shipped to the Buyer within 3-5 business days once the payment has been confirmed. Your preferred delivery method can be either shipped to you by your personal carrier at your own risk, or by one of our shipping partners, or alternatively, picked up in person from the location of the sale if your item is stored at a Goupil & Cie location*. Any shipping and insurance costs will be confirmed accordingly and invoiced separately.
In person collection
Upon the arrival of purchased lots in the designated Goupil & Cie location of the Sale or otherwise, appointment scheduling for in person collection of sold lots is to be confirmed by email by one of our representatives at least 24 hours prior to arrival. Payment in full of the Invoice Amount is to be settled at least 48 hours prior to arrival.
Shipping limitations and limited liabilities
You must ensure that you provide a valid delivery address at registration for all lots to be shipped. Except in very limited circumstances, we will only ship to the registered address on your account which you provided at the time of registration. Carriers are not permitted to deliver to PO boxes. Buyers are responsible for all import/export customs duties and taxes.
Shipping is currently not possible to Cuba, Iran, North Korea, Sudan or Syria and any other country subject to United States or international embargoes. In addition, shipping to certain countries such as Mainland China and India will require a bespoke shipping service. If the country you wish to ship to is unavailable or if you have questions generally about international shipping. For lots being exported from the United States, you expressly agree not to divert, reship or forward any part of a shipment.
In case you solicitate Goupil & Cie’s shipping partners to arrange the shipment, Goupil & Cie shall not accept any liability in relation to selecting any handling, packing service provider and/or carrier and to operating with the latter. Buyer will be responsible for any storing, packing, handling, transportation, shipping costs and expenses as well as loss/ damage liability fees. Even if Goupil & Cie shall use reasonable efforts to pack, handle and facilitate any shipment of a sold lot, Goupil & Cie is not responsible for any acts or omissions of any third party contracted or engaged in this process. You agree to release Goupil & Cie from any liability for their acts, omissions or neglect. Neither Goupil & Cie nor its shipping partners will be liable for any delays in handling, shipment, transportation, storage or customs clearance. Goupil & Cie’s shipping partners may contact Buyers directly for necessary exchanges and information to deliver Buyer’s lot or return.
In case of your failure to provide a valid delivery address or to pay any storing, packing, handling, transportation, shipping costs and expenses, loss/ damage liability fees, duty, import taxes and/or customs clearance fees, permit application fees, or the absence or lack of a recipient to sign and accept delivery as necessary, Buyers are responsible for paying any costs, charges and/or fees if the lot is to be returned to Goupil & Cie or Seller.
Loss or Damage during transportation/ shipment
Upon delivery of the sold lot at the registered address, Buyers shall carefully check the details on receipt and promptly check the contents of the package or of the multi-packages.
In the rare event where a package may be lost or the contents damaged during transportation/shipment regardless of the care of the handling process, you may submit a claim within 14 days of the date of delivery, or within 14 days of the date you received confirmation that it was lost by contacting Goupil & Cie’s post-sale services, in addition to immediately notify the contracted or engaged carrier.
Goupil & Cie shall not be liable for any loss, damage or expense derived from: i) Buyer’s premeditated and/or wilful misconduct, ii) handling or packing’s deficiency of the lot unless under Goupil & Cie’s responsibility, iii) damage or deterioration sustained from continuous use, iv) gradual deterioration, v) inherent vice, vi) changes in climatic and/or atmospheric conditions, vii) exposure to radioactive, toxic, explosive or other hazardous or contaminating substances, viii) physical loss or damage to picture frames or to glass forming part of picture frames caused by circumstances beyond our control.
In the event of a claim made for complete physical loss of a lot, you agree that Goupil & Cie shall take full legal title of the lot of which you may receive or may have received compensation paid by Goupil & Cie or its agents in case the lot is subsequently recovered, and unless and/or until you return the aforementioned compensation and settle any other applicable charges to Goupil & Cie.
In the event of a claim made for physical damage for a lot which is considered fully damaged, you agree that Goupil & Cie shall take full legal title of the lot of which you may receive or may have received compensation paid by Goupil & Cie or its agents.
Storage
Goupil & Cie will not charge any handling and/or storage fee for any purchased lots for a period of 14 calendar days after the closing date of the Sale at Buyer’s own risk. After this period, Goupil & Cie will start charging handling and/or storage fee up to 500GBP per week and reserves the right to remove or transfer uncollected sold lots to any warehouse and location at our sole discretion choice and at the buyer’s risk and expense.
Bidders, Buyers and Sellers are responsible for the assessment and settlement of any applicable international duties, custom charges, taxes, charges and tariffs related to the exportation and importation of sold lots shipped by them or shipped on their behalf and owed to any appropriate government or collecting related entity to be paid prior to shipment and/or upon and/or after delivery including any third-party charges to perform shipment services facilitate including any potential necessary insurance charges. Bidders, Buyers and Sellers are responsible to seek for advice from a third-party regarding import and export limitations and procedures at their own risk and expense before participating in any Sale bidding to comply with the requirements of any applicable laws and regulations.
When exporting sold lots to the country of Buyer, Buyer is the “Importer of Record” and is consequently responsible for all entry documents required by local authorities and for the product classification and payment of duties, as well as any other import obligations. Sold lots are subject to the restrictions of local and applicable laws when exporting from the country where the lots have been sold and importing into the country of Buyer. Buyer should appoint a shipper as their agent to manage and process all import and customs declaration and clearance procedures and ensure that customs duties and taxes are paid to the appropriate customs and tax authorities in the country of Buyer.
In the event that an application for the export or import license, permit or authorisation is denied for a sold lot, or it is confiscated or seized by local authority for any reason, Goupil & Cie shall not accept any cancellation, refund or any partial or full compensation whatsoever. Similarly, any delay or additional cost to obtain relevant export or import license, permit or authorisation does prevent or affect payment obligations to Goupil & Cie on due date and potential payment of other related charges and any other interest for late payment.
Certain lots can be made of or include material from endangered and other protected species (“EPS”) such handbags, small leather goods, watch straps, clothes, artwork, furniture. Although the percentage of EPS can be considered small or low, Bidders should check applicable laws and regulations before bidding for a lot containing EPS. Lots subject to presence of EPS may be mentioned in the Special Notice section of the Description. However, the absence of reference of EPS of a particular lot of any Sales or Online Sales does not mean that the lot is free from EPS.
Goupil & Cie is not responsible and will not be liable for any error either human or otherwise, omission in displaying or mentioning EPS for a lot. Buyers or Sellers when applicable are fully responsible and will be charged for the settlement of any specific license, permit from the relevant regulatory agencies in the countries of exportation and/or as importation, or administrative expenses otherwise as well as any inspection fee. Bidders and Buyers are responsible to seek for advice
Certain Lot Descriptions may mention precious metal terms including but not limited to products such as handbags, watches, clocks, jewellery or furniture. Otherwise explicitly stipulated in the authenticity certificate or authentication report, those terms may refer to solid metals or plated metals with a coloured finish or tone such as silver, gold, white gold, rose gold, palladium, platinum. As an example, handbags hardware commonly refers only to colour or tone of the metallic parts of the handbag with neither actual reference nor representation of metallic material used. Certain lots of the aforementioned lot categories may consequently not be considered as precious metals or not contain precious metals for customs declaration and processing.
Cancellation Rights for the purchased lot
In accordance with the European Union (EU) Consumer Rights Directive, if Buyer habitually resides in the EU and Buyer is a consumer in accordance with the consumer rights directive, and Seller is not a consumer (as mentioned in the Description), Buyer has the right to cancel the contract for the purchased lot without giving any reason within a cancellation period of fourteen (14) calendar days on the day which Buyer or a third party lawfully representing or acting on behalf of the Buyer takes physical possession of the purchased lot. Buyers shall inform Goupil & Cie of Buyer’s decision to cancel the contract for the purchased lot by a clear and formal statement (sent either by mail, email or facsimile) in order to exercise their right to cancel the purchased lot. Goupil & Cie may offer to sell the purchased lot either as Seller’s agent or as partial or full owner of the purchased lot. Sellers who are consumers will be identified as individuals, private collectors, physical or natural persons in the Description or information of the Lot Sale.
If Buyer cancels the contract for the purchased lot, Goupil & Cie will reimburse Buyer all payments received from Buyer including shipping costs only amounting to a maximum of the cost of a standard delivery from a standard carrier and any applicable import duties to return the purchased lot to Goupil & Cie. If any loss in value of the purchased lot has occurred as a result of unnecessary handling, manipulation or use by Buyer, Goupil & Cie reserve the right to make an appropriate deduction from the reimbursed amount to Buyer. Buyer will only be liable for the aforementioned loss of value of the purchased lot. Under normal circumstances, the reimbursement by Goupil & Cie to Buyer will be handled no later than either fourteen (14) calendar days after the day Goupil & Cie receives the returned purchased lot from Buyer at the designated address specified by Goupil & Cie or if earlier, fourteen (14) calendar days after the day Buyer provides Goupil & Cie evidence that Buyer has returned the purchased lot at the designated address by Goupil & Cie. Reimbursement may be withheld until Goupil & Cie receives the returned purchased lot or the evidence of the purchased lot having been returned to the designated address by Goupil & Cie. Reimbursement will be made by using the same means of payment as for the original purchase settlement by Buyer to Goupil & Cie unless Buyer has explicitly agreed with Goupil & Cie on another means of payment as long as Buyer is the owner or joint owner of the card and/or bank account attached to it. No payment fee will be charged to Buyers and subsequently deducted from the reimbursement.
Cancellation Rights for the contract for services
In accordance with the EU Consumer Rights Directive, if Buyer habitually resides in the European Union (EU) and Buyer is a consumer in accordance with the consumer rights directive, and Seller is not a consumer (as mentioned in the Description), Buyer has the right to cancel the contract for the services Goupil & Cie provided Buyer in connection with the purchased lot, but not the contract for the purchased lot, without giving any reason within a cancellation period of fourteen (14) calendar days from the day the services contract was concluded. The aforementioned services refer to the opportunity : i) to participate in Online Sales, ii) to be introduced to or to view information about the lot to be purchased and, iii) to get the purchased lot to be delivered.
Buyers shall inform Goupil & Cie of Buyer’s decision to cancel the contract for services by a clear and formal statement (sent either by mail, email or facsimile) in order to exercise their right to cancel the contract for services. Buyer acknowledges and understands that Buyer has requested immediate performance of services from Goupil & Cie which have de facto started before receiving the statement of cancellation for services from Buyer to Goupil & Cie. If Buyer cancels the contract for services, Goupil & Cie will reimburse Buyer only payments received from Buyer related to services, but not the contract for the purchased lot, on a pro rata basis compared to the full amount services. Reimbursement will be made by using the same means of payment as for the original payment for services by Buyer to Goupil & Cie unless Buyer has explicitly agreed with Goupil & Cie on another means of payment as long as Buyer is the owner or joint owner of the card and/or bank account attached to it. No payment fee will be charged to Buyers and subsequently deducted from the reimbursement.
In addition to the other rights of cancellation by Goupil & Cie included in these Terms, Goupil & Cie reserves the right to cancel a purchase of a lot under specific circumstances which include but are not limited to: i) any of the warranties in sections 20 or 22 of these Terms are not correct; ii) Goupil & Cie reasonably believes that the completion of the purchase is or may be unlawful, iii) Goupil & Cie reasonably believes that the completion of the purchase may damage Goupil & Cie’s reputation, or iv) Goupil & Cie reasonably believes that the purchase places Goupil & Cie and/or Seller under any liability to any third-party.
Goupil & Cie gives a warranty of authenticity or authorship (the “Warranty”) mentioned in the Description of the Lot page of the Website only written in headings combining lowercase and bold font (the “Title”) subject to the following terms:
Claims will only be processed the Buyer notifies us in writing that the purchased lot on the basis of the Description is a Counterfeit with full supporting evidence of the claim including but not limited to two written opinions recognised skilled expert (the “Experts”) in the field of the purchased lot.
Claims will only be processed for a period of one (1) month from the date of the Sale for any purchased lots from Goupil & Cie’s Books & Manuscripts and Handbags and Accessories Departments. After this period of time, Goupil & Cie will not be obligated to honour the Warranty.
Claims will only be processed for a period of one (1) year from the date of the Sale for any other purchased lots. After this period of time, Goupil & Cie will not be obligated to honour the Warranty.
The identity of the two (2) chosen Experts is to be jointly agreed in advance by Buyer and Goupil & Cie.
The fee of the two (2) chosen Experts related to the authentication and written opinion of the purchased lot is to be jointly agreed in advance by Buyer and Goupil & Cie, and no case shall amount more than one percent (1%) of the hammer price and in any case no more than a maximum of GBP 50,000 or equivalents in foreign currencies. These expenses shall at the expense of Buyer.
If any doubts persist from Goupil & Cie about the authenticity or authorship of the purchased lot after receiving the authentication and written opinions from the Experts, Goupil & Cie reserve the right to obtain additional opinions at its expense.
The Warranty applies to any further notice including but not limited to any amendments, editing errors or correcting omission updated on the Website during a Sale.
The Warranty does not apply to any change of generally accepted opinion where scholarship has developed since the Sale.
The Warranty does not apply if the Title matches the generally accepted opinion at the time of the Sale.
The Warranty does not apply if the Title us subject to any conflicted opinion at the time of the Sale.
The Warranty does not apply if the specific purchased lot can only be demonstrated not be unauthentic by a scientific or complex method, test or process which, at the time of the Sale, was either not available or generally accepted for use, or was unreasonably expensive or impractical, or was likely to have caused damage or loss to the lot.
The Warranty does not apply to any purchased lots from Goupil & Cie’s Modern & Contemporary Southeast Asian Art, Chinese Works of Art, and Coins and Medals Departments because of the difficulty of establishing definitive statements.
The Warranty does not apply to any purchased lots from Goupil & Cie’s Departments which have been opened by Buyer.
The Warranty does not apply to purchased lots with no recognised Expert according to Goupil & Cie.
The benefit of the Warranty only applies to Buyer may not be transferred to anyone else party or fully, and does not extend to any subsequent owners of the purchased lot including but not limited to by way of resale, donation, succession, assignation, gift.
The benefit of the Warranty only applies to Buyer which retains the full ownership of the purchased lot free and clear of any pledge, charge, mortgage, lien, option, retention of title, right of pre-emption, right of first refusal or other security interest or encumbrance of any kind.
In case of any claim for breach of the authenticity or authorship warranty subject to the exclusions aforementioned, Buyer only right under the Warranty is to cancel the sale of the purchased lot and receive a refund of the purchased price defined as the sum of the hammer price, buyer’s premium, and any duties and/or related charges paid by Buyer to Goupil & Cie and the agreed fee of Experts as set forth above. Buyer acknowledges and agrees that this remedy shall constitute the sole remedy and recourse of Buyer against Goupil & Cie, any of Goupil & Cie’s affiliated companies or entities and Seller. Goupil & Cie shall not be responsible or liable for any amount above the purchased price. Under no circumstances will Goupil & Cie be held responsible or liable in any way for any claims, damages, losses, expenses, costs or liabilities whatsoever (including, without limitation, any direct or indirect damages for loss of profits, business interruption or loss of opportunity, interest, dividend or expected savings).
If Goupil & Cie agrees to rescind a purchased lot under the Warranty provision, the Buyer must return the purchased lot to the Goupil & Cie at the location where it was shipped at the time of the Sale and in the same condition as when the purchased lot was bought at the Sale with Goupil & Cie invoice, and free and clear of any pledge, charge, mortgage, lien, option, retention of title, right of pre-emption, right of first refusal or other security interest or encumbrance of any kind.
If the item returned was knowingly not in the same condition as at the time of the Sale, Goupil & Cie will not be obligated to honour the Warranty.
If the item returned was purposefully not the same as the purchased lot, Goupil & Cie will not be obligated to honour the Warranty. Under those specific circumstances, Goupil & Cie will reserve the right to originate any legal action against Buyer for deceptive or fraudulent behaviours.
Goupil & Cie gives a warranty of authenticity or authorship (the “Warranty”) mentioned in the Description of the Lot page of the Website only written in headings combining lowercase and bold font (the “Title”) subject to the following terms:
Claims will only be processed the Buyer notifies us in writing that the purchased lot on the basis of the Description is a Counterfeit with full supporting evidence of the claim including but not limited to two written opinions recognised skilled expert (the “Experts”) in the field of the purchased lot.
Claims will only be processed for a period of one (1) month from the date of the Sale for any purchased lots from Goupil & Cie’s Books & Manuscripts and Handbags and Accessories Departments. After this period of time, Goupil & Cie will not be obligated to honour the Warranty.
Claims will only be processed for a period of one (1) year from the date of the Sale for any other purchased lots. After this period of time, Goupil & Cie will not be obligated to honour the Warranty.
The identity of the two (2) chosen Experts is to be jointly agreed in advance by Buyer and Goupil & Cie.
The fee of the two (2) chosen Experts related to the authentication and written opinion of the purchased lot is to be jointly agreed in advance by Buyer and Goupil & Cie, and no case shall amount more than one percent (1%) of the hammer price and in any case no more than a maximum of HKD 50,000 or equivalents in foreign currencies. These expenses shall at the expense of Buyer.
If any doubts persist from Goupil & Cie about the authenticity or authorship of the purchased lot after receiving the authentication and written opinions from the Experts, Goupil & Cie reserve the right to obtain additional opinions at its expense.
The Warranty applies to any further notice including but not limited to any amendments, editing errors or correcting omission updated on the Website during a Sale.
The Warranty does not apply to any change of generally accepted opinion where scholarship has developed since the Sale.
The Warranty does not apply if the Title matches the generally accepted opinion at the time of the Sale.
The Warranty does not apply if the Title us subject to any conflicted opinion at the time of the Sale.
The Warranty does not apply if the specific purchased lot can only be demonstrated not be unauthentic by a scientific or complex method, test or process which, at the time of the Sale, was either not available or generally accepted for use, or was unreasonably expensive or impractical, or was likely to have caused damage or loss to the lot.
The Warranty does not apply to any purchased lots from Goupil & Cie’s Modern & Contemporary Southeast Asian Art, Chinese Works of Art, and Coins and Medals Departments because of the difficulty of establishing definitive statements.
The Warranty does not apply to any purchased lots from Goupil & Cie’s Departments which have been opened by Buyer.
The Warranty does not apply to purchased lots with no recognised Expert according to Goupil & Cie.
The benefit of the Warranty only applies to Buyer may not be transferred to anyone else party or fully, and does not extend to any subsequent owners of the purchased lot including but not limited to by way of resale, donation, succession, assignation, gift.
The benefit of the Warranty only applies to Buyer which retains the full ownership of the purchased lot free and clear of any pledge, charge, mortgage, lien, option, retention of title, right of pre-emption, right of first refusal or other security interest or encumbrance of any kind.
In case of any claim for breach of the authenticity or authorship warranty subject to the exclusions aforementioned, Buyer only right under the Warranty is to cancel the sale of the purchased lot and receive a refund of the purchased price defined as the sum of the hammer price, buyer’s premium, and any duties and/or related charges paid by Buyer to Goupil & Cie and the agreed fee of Experts as set forth above. Buyer acknowledges and agrees that this remedy shall constitute the sole remedy and recourse of Buyer against Goupil & Cie, any of Goupil & Cie’s affiliated companies or entities and Seller. Goupil & Cie shall not be responsible or liable for any amount above the purchased price. Under no circumstances will Goupil & Cie be held responsible or liable in any way for any claims, damages, losses, expenses, costs or liabilities whatsoever (including, without limitation, any direct or indirect damages for loss of profits, business interruption or loss of opportunity, interest, dividend or expected savings).
If Goupil & Cie agrees to rescind a purchased lot under the Warranty provision, the Buyer must return the purchased lot to the Goupil & Cie at the location where it was shipped at the time of the Sale and in the same condition as when the purchased lot was bought at the Sale with Goupil & Cie invoice, and free and clear of any pledge, charge, mortgage, lien, option, retention of title, right of pre-emption, right of first refusal or other security interest or encumbrance of any kind.
If the item returned was knowingly not in the same condition as at the time of the Sale, Goupil & Cie will not be obligated to honour the Warranty.
If the item returned was purposefully not the same as the purchased lot, Goupil & Cie will not be obligated to honour the Warranty. Under those specific circumstances, Goupil & Cie will reserve the right to originate any legal action against Buyer for deceptive or fraudulent behaviours.
Buyer gives a warranty that the source of funds used for settle the purchased price is not related to any criminal activity including but not limited to money laundering, terrorist financing or tax evasion. Buyer herein declares that she/he/it is not under investigation, and/or has been charged with or convicted of criminal activities. Buyer herein declares that she/he/it has in his possession any supporting document evidencing the lawful origin of the funds.
All warranties other than those set out under article 21 of these Terms, express or implied, including any warranty or guarantee or assume any liability of any kind in respect of any lot with regard to quality, merchantability, fitness for a particular purpose, origins, history, provenance, attribution, authenticity, rarity, exhibition background, description, size, quality, condition, importance, medium, historical information and details or literature, are specifically excluded by Goupil & Cie, Goupil & Cie’s Group of Companies, its representatives, shareholders, employees, officers, directors or Seller to the fullest extent permitted by law.
Goupil & Cie or Goupil & Cie’s Group of Companies have no responsibility to any natural person and/or legal entity other than Buyers in connection with the purchase of any lot.
Goupil & Cie, Goupil & Cie’s Group of Companies and Seller disclaim and exclude any and all other warranties of any kind relating to Sale and related services whether express or implied by statute or common law or otherwise to the fullest extent permissible under applicable law.
If you owe money to us or to another Goupil & Cie Group company or entity, Goupil & Cie or Goupil & Cie’s Group of Companies reserves the right to use any amount you do pay, including any deposit, partial or full payment you have made to Goupil & Cie or Goupil & Cie’s Group of Companies, or which Goupil & Cie or Goupil & Cie’s Group of Companies owe you, to pay off any amount you owe to Goupil & Cie or Goupil & Cie’s Group of Companies for any sale, transaction and/or related charges.
Goupil & Cie’s absentee bidding service and currency converter are services rendered free of charge. Goupil & Cie is not responsible to you for any error, omission or breakdown, technical, human or otherwise in these services.
Unless Goupil & Cie has given its written permission, you may not grant a security over or transfer your rights or responsibilities under these Terms on the contract of sale. These Terms will be binding on your successors, estate, trust and natural person and/or legal entity who/which takes over your rights and responsibilities.
You agree that disputes between you and us, which cannot be resolved by mediation, will be resolved by binding, individual arbitration, and you waive your right to participate in a class action lawsuit, class-wide arbitration or any other collective legal actions against Goupil & Cie, Goupil & Cie’s Group of Companies, its representatives, shareholders, employees, officers, directors or Seller.
No failure or delay to exercise any right or remedy provided under these Terms shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
While Goupil & Cie is committed to make all reasonable efforts to protect your personal data and its confidentiality, and ensure the security of processing systems and services, you remain responsible for the secure transmission of your information across the internet and for ensuring that your password and username are kept confidential and not shared with anyone. Our Privacy Policy and Website Terms of Use applies to the access and use of our Website and are part of these Terms. Our information collection practices on the Website, such as the types of information we collect regarding visitors to the Website and the ways in which we may use that information, are described in by the terms of our in our Privacy Policy and Cookie Policy. For more information, both Policies can be found on the Website under the link Privacy Policy and Cookie Policy.
In no event shall Goupil & Cie, Goupil & Cie’s Group of Companies, its representatives, shareholders, employees, officers, directors or Seller be liable to you or to any third party, whether in an action based on contract, tort (including negligence), strict liability or otherwise, for lost profits or any direct, indirect, consequential, incidental, exemplary, special, punitive damages or any damages whatsoever, even if Goupil & Cie, Goupil & Cie’s Group of Companies, its representatives, shareholders, employees, officers, directors or Seller has been advised of the possibility of such damages, arising out of, or in connection with a lot sale. The total liability of Goupil & Cie, Goupil & Cie’s Group of Companies or Seller to you or to any third party, in connection with a lot sale shall be limited to the Invoice Amount excluding taxes actually paid by Buyers for the lot.
In no event shall Goupil & Cie, Goupil & Cie’s Group of Companies, its representatives, shareholders, employees, officers, directors or Seller be (i) liable to you or to any third party, whether in an action based on contract, tort (including negligence), strict liability or otherwise, for lost profits or any direct, indirect, consequential, incidental, exemplary, special, punitive damages or any damages whatsoever, even if Goupil & Cie, Goupil & Cie’s Group of Companies, its representatives, shareholders, employees, officers, directors or Seller has been advised of the possibility of such damages, arising out of, or in connection with any errors or omissions, whether orally or in writing, in information provided to any prospective Buyers, Bidders, Successful Bidders or Buyers by Goupil & Cie, Goupil & Cie’s Group of Companies, its representatives, shareholders, employees, officers, directors, (ii) responsible to any prospective Buyers, Bidders, Successful Bidders or Buyers with respect to acts or omissions, whether negligent or otherwise.
In no event shall Goupil & Cie, Goupil & Cie’s Group of Companies, its representatives, shareholders, employees, officers, directors or Seller be responsible and/or liable to you or to any third party, whether in an action based on contract, tort (including negligence), strict liability or otherwise, for lost profits or any direct, indirect, consequential, incidental, exemplary, special, punitive damages or any damages whatsoever, even if Goupil & Cie, Goupil & Cie’s Group of Companies, its representatives, shareholders, employees, officers, directors or Seller has been advised of the possibility of such damages, arising out of, or in connection with the conduct of a Sale or for any matter related to the Sale of any lot (whether for breaking these Terms or any other matter relating to your purchase of, or bid for, any lot) to any prospective Buyers, Bidders, Successful Bidders or Buyers by Goupil & Cie, Goupil & Cie’s Group of Companies, its representatives, shareholders, employees, officers, directors or Seller.
In no event shall Goupil & Cie, Goupil & Cie’s Group of Companies, its representatives, shareholders, employees, officers, directors or Seller be responsible and/or liable to you or to any third party, whether in an action based on contract, tort (including negligence), strict liability or otherwise, for lost profits or any direct, indirect, consequential, incidental, exemplary, special, punitive damages or any damages whatsoever, even if Goupil & Cie, Goupil & Cie’s Group of Companies, its representatives, shareholders, employees, officers, directors or Seller has been advised of the possibility of such damages, arising out of, or in connection with the accuracy, correctness or references of gemological reports, diamond grading reports, analysis reports, certifications or memos issued by gemological laboratories or any similar or related entity, to any prospective Buyers, Bidders, Successful Bidders or Buyers by Goupil & Cie, Goupil & Cie’s Group of Companies, its representatives, shareholders, employees, officers, directors or Seller.
Goupil & Cie, Goupil & Cie’s Group of Companies and Seller disclaim and exclude any and all other liabilities of any kind relating to Sale and related services whether express or implied by statute or common law or otherwise to the fullest extent permissible under applicable law.
Goupil & Cie or Seller shall not be liable for any failure or delay in performing its obligation due to the occurrence of events that are beyond its control, including but not limited to, acts of God and natural disasters, nuclear catastrophes, acts of terrorism, acts of war, civil disorders, insurrections, military disturbances, riots, strikes, disruption of electricity service, disruption of telephone service, interruptions or malfunction of computer facilities, blockages, embargoes, government sanctions and quarantines.
Goupil & Cie shall notify you in writing of any Force Majeure and use commercially reasonable efforts to avoid and minimise the effects of such event on its obligations. Furthermore, any such Force Majeure does not relieve Users from their payment obligations in relation to services actually provided to them by Goupil & Cie.
You agree to defend, indemnify and hold Goupil & Cie or Goupil & Cie’s Group of Companies, as well as its shareholders, employees, officers, directors, agents, partners, suppliers, licensors and successors, harmless from and against any and all demands, claims, actions, liabilities, damages, losses, costs, expenses, including reasonable attorneys’ and experts’ fees, made by a third party and arising out of or in connection with (i) your breach of these terms of use, (ii) your violation of applicable laws, regulations and rules, (iii) your infringement of any third party’s rights, (iv) your fraudulent activities or misconducts, (v) and your use of our Website and Services.
Goupil & Cie will provide notice of such claim to you within a reasonable time.
In any case, you shall not settle any claim without prior written approval of Goupil & Cie. We may, at our sole discretion and expense, exc
You may terminate your account, at any time, by submitting such termination request to [email protected]
Goupil & Cie reserves the right, at its sole discretion, for any or no reason, without prior notice or liability, to immediately terminate or suspend your account, prevent you from further accessing and using any or all parts of our Website or refuse to further provide you with our Services.
In case of termination or if you no longer accept these Website Terms of Use, you shall immediately cease using our Website. All provisions in these Website Terms of Use which by their nature should survive termination, as well as any accrued but unsettled payment obligations and terms related to such obligations shall survive these Terms of Use.
These Terms are governed by, construed and interpreted in accordance with the laws of England and Wales.
The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim, arising out of or in connection with these Terms. In case of such dispute or claim, the parties shall first attempt to resolve the dispute, in good faith, by direct discussions. If within thirty (30) days, no solution could be found through negotiation, the parties may attempt to settle the dispute by mediation administered by a mediator on which the parties have mutually agreed.
(i) These Terms of Use constitute and set forth the entire agreement between you and Goupil & Cie with regard to your use of our Website, and supersedes any and all prior existing written or oral agreements, understandings or negotiations between you and Goupil & Cie with respect to such use.
(ii) If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, void or unenforceable, this particular provision shall not invalidate the remaining provisions of these Terms, which shall remain in full force and effect. Such invalid provision shall, to the fullest extent permitted by the law, be replaced by a valid provision that best reflects the intention of these Terms.
(iii) Goupil & Cie’s failure to enforce or exercise any right, privilege, remedy or provision shall not be construed as a waiver of such or any other right, privilege, remedy or provision.
(iv) Any waiver of a provision contained in these Terms must be made in writing, signed by an authorised representative of Goupil & Cie and shall operate only to the extent expressed in such writing.
(v) Neither these Terms shall be construed nor interpreted as creating an agency, joint venture, partnership, employer/employee relationship or any other similar relationship between you and Goupil & Cie.
(vi) Nothing in these Terms shall be deemed to create any third-party benefit.
(vii) The section headings in these Terms are for convenience and reference only and shall not affect the interpretation or construction of any provision of these Terms.
(vii) If you access the Website from outside of United Kingdom, you are responsible for compliance with the laws of your jurisdiction.
(viii) You hereby irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum.
(ix) These Terms are binding on you and your heirs, executors, administrators, successors and personal representatives.
(x) The rights and remedies of Goupil & Cie or Goupil & Cie’s Group of Companies under these Terms are cumulative and not exhaustive or exclusive of any other rights or remedies to which Goupil & Cie or Goupil & Cie’s Group of Companies may be lawfully entitled under these Terms or at law, and Goupil & Cie or Goupil & Cie’s Group of Companies may pursue any and all rights and remedies concurrently, consecutively and alternatively.
(xi) You will not assign or transfer these Terms or any of your rights and obligations under these Terms without the express prior written consent of Goupil & Cie or Goupil & Cie’s Group of Companies, where consent may be withheld in Goupil & Cie or Goupil & Cie’s Group of Companies’ discretion.
(xii) Goupil & Cie or Goupil & Cie’s Group of Companies may, without your consent, assign its rights and obligations under these Terms.
You and Goupil & Cie have each expressly requested and required that these Terms and all related notices and other documents be drawn up in the English language. Subject to applicable law, any non-English translation of these Terms provided by Goupil & Cie is for convenience only, and if there is a conflict or inconsistency between the English version and a non-English version then the English version of these Terms will take priority and govern.
If any provision of these Terms is held to be unlawful, void or unenforceable, then such provision shall be severable without affecting the enforceability of all remaining provisions. Goupil & Cie reserves the right to alter or delete any Website content at any time at its discretion.
If you have any enquiries or comments about these Terms and about your rights and obligations, do not hesitate to contact us at enquiries@goupilauction.com. All requests will receive a response as swiftly as possible.
IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS OF USE, THEN YOU MUST DISCONTINUE THE ACCESS OR USE OF THE WEBSITE.