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Terms of Use

Effective January 1, 2021

Please read all of the following terms and conditions carefully. All access or use or link of Goupil & Cie’s web pages located within www.goupilauction.com (the “Website”) is subject to the terms and conditions set forth below (the “Website Terms of Use”). Any access, use or link of such web pages constitutes the user’s agreement to abide by the Website Terms of Use.

Access to the Website is granted by Goupil & Cie Limited (hereinafter known as “Goupil & Cie” or “we” or “us” or “our”), a trusted international merchant house dedicated to art and collectibles with online and offline activities including auction, sales, consignment and related services (collectively referred to herein as the “Services”), and Goupil & Cie’s affiliated entities (hereinafter individually & collectively known as the “Goupil & Cie’s Group of Companies”) subject to the following conditions. We may amend the Website Terms of Use at any time by posting the amended terms on this Website.

By accessing or using the Website, you (a “User” of the Website) acknowledge and signify that you have read, understand and agree to our Website Terms of Use and our Privacy Policy. If you do not agree to the Website Terms of Use, then you must discontinue the access or use of the Website immediately.

These Website Terms of Use are a binding agreement between you and Goupil & Cie regarding your access to and use or link of the Website. Each time you access and use the Website, you signify your unconditional acceptance and agreement, without limitation or qualification, to the most current version of these Website Terms of Use regardless of your physical location or the physical location of a server hosting this Website. If you do not unconditionally accept and agree to any of the provisions of these Website Terms of Use, then you must discontinue the access or use or link of the Website immediately.

In these Website Terms of Use, a reference to the Website includes all of the Website’s Content, as described in provision 3 of these Website Terms of Use as well as the design, layout, structure, selection, look and feel and arrangement of each element of the Website’s Content and the Website as a whole.

Our Website and the Services offered there are not intended for minors. The use of our Website is prohibited to persons under the age of eighteen (18).

We encourage you to frequently visit these Website Terms of Use as Goupil & Cie may update it at any time and without prior notice to you and at our sole discretion. In case of amendment to these Website Terms of Use, 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 Website Terms of Use webpage. If you do not agree to any such change, you must discontinue the access or use or link of the Website immediately. By continuing the access to and use of the Website following the posting of changes, you accept and agree to the changes.

These Website Terms of Use are only related to the Website. Products and services advertised on or available through the Website are governed by other applicable agreements prescribed by Goupil & Cie or Goupil & Cie’s Group of Companies.

All content available on or through our Website (“Content”) including, but not limited to texts, images, photographs, graphics, visual interfaces, audios, videos, artworks, databases, code, data, software, trademarks, logos, service marks and any other material, as well as the design, layout, structure, selection, look and feel and arrangement of this Content and of our Website are protected by copyright, trade dress, trademark, design, patent, anti-unfair competition laws, and other laws and international treaty provisions on intellectual property rights, and are owned, controlled or licensed by or to Goupil & Cie or Goupil & Cie’s Group of Companies.

Unless expressly provided otherwise, Users may not reproduce, distribute, transmit, display, modify, adapt, prepare derivate works based on, repost, sell, license or otherwise use this Content, as well as the design, layout, structure, selection, look and feel and arrangement of this Content and of our Website for any purpose.

Unless expressly provided otherwise, nothing on our Website or in these Website’s Terms of Use shall be construed as conferring any license or right under any intellectual property right.

All trademarks, trade names, service marks, logos, brand names and product names related to Goupil & Cie included on the Website (“Trade Marks”) are the exclusive property of Goupil & Cie or of the Goupil & Cie’s Group of Companies. These Terms of Use do not allow you to use the Trade Marks. The trademarks and names of other companies, products and services are the property of their respective brand owners. These respective brand owners have no association or affiliation with Goupil & Cie.

The access to and use of the Website granted in these Website Terms of Use is subject to the following limitations and any prohibited activity will result in the immediate termination of the access and use.

Users may not access and use our Website:

(i) if they are not able to enter into a legally binding contract;

(ii) if they are under the age of eighteen (18);

(iii) for commercial purpose, unless otherwise expressly authorised in writing by Goupil & Cie;

(iv) for any other purpose that is not authorised under these Website Terms of Use;

(v) to engage in any activity that is prohibited or that is not authorised under these Website Terms of Use;

(vi) if such access is prohibited or unlawful in their jurisdiction.

Moreover, while using our Website, users agree not to

(vii) infringe any law, regulation, rule, Goupil & Cie’s rights or third parties’ rights;

(viii) impersonate another individual or entity, make false statements or misrepresent their affiliation with any other individual or entity;

(ix) disguise the source of any transmission made to our Website or to us;

(x) circumvent any measure that we use to prevent or restrict access to our Website;

(xi) unless expressly provided otherwise, copy, through whatever means, modify or distribute any content or the structure of our Website;

(xii) cache our Website;

(xiii) use, upload, post or transmit, through whatever means, any prohibited content or material stated in provision 7;

(xiv) collect and/or reveal information about other users of our Website, bidders and sellers.

furthermore, users may not

(xv) use any robot, scraper, script, software, spider, and any other similar automated or manual process, method or device to access our Website for any purpose;

(xvi) engage in any compiling, data mining, data scraping or in any other similar activity in relation to content or data contained on our Website;

(xvii) overburden our website’s infrastructure with an unreasonable or excessive load;

(xviii) interrupt, damage, limit or disrupt, through whatever means, the functionality of our Website and interfere, in any manner, with any third-party use of or any transaction conducted on our Website;

(xix) alter, in any way, the appearance of our Website;

(xx) gain unauthorised access, through whatever means, to any material or information not intentionally made available on our Website, to any computer system and/or to our servers;

(xxi) analyse and verify the security and exposure of our Website;

(xxii) infringe Goupil & Cie’s copyrights and Trade Marks;

(xxiii) link or frame to our Website, unless otherwise authorised under provision 10.

besides, users are also prohibited from

(xxiv) attempting to engage in any preceding prohibited activities and from

(xxv) encouraging anyone to engage or attempt to engage in any preceding prohibited activities.

When you access and/or use our Website, 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. You are responsible for providing, at your expense, any access to the Internet and any required equipment.

When required to register on our Website, Users 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.

Users are responsible for any loss incurred by Goupil & Cie or by any third party due to activity on their user account resulting from non-compliance with the above obligations. In such case, Goupil & Cie will not be liable for any loss or damage resulting from users’ failure to comply with such obligations.

Users may have the ability on the Website to submit or send to us or to others, content such as information, messages or any other material. Any content submitted by users on our website, except personal information, is deemed to be non-confidential and non-proprietary. Goupil & Cie shall have no obligation of any kind with respect to such information. When submitting or sending such content, except for personal information, users hereby represent and warrant that they automatically and irrevocably assign to Goupil & Cie a perpetual, non-exclusive, non-transferable, worldwide, royalty-free license to use, reproduce, distribute, compile, translate, adapt, perform in public, broadcast, communicate to the public and sublicense this content, in any form, for any purpose, and agree to waive any rights in it that cannot be assigned, including moral rights.

In addition, users acknowledge that they are responsible for the content they submit through our website with regards to submitted content. Users represent and warrant that (i) they hold all rights to the material, including the rights to grant the foregoing license; (ii) Goupil & Cie’s use of the content, following the automatic granting of the license, will not violate the rights of any third party; (iii) the material does not infringe these terms of use.

Users may not through our website, submit, upload, post, transmit (i) content that is unlawful, abusive, defamatory, embarrassing, harassing, harmful, hateful, libellous, obscene, objectionable, profane, slanderous or threatening to any person or entity; (ii) any material that infringes third parties rights, including but not limited to intellectual property rights and publicity rights, or any material that violates their privacy; (iii) any content used to impersonate another person or another entity; (iv) any unauthorised or unsolicited advertising or promotional material; (v) any chain letters, pyramid schemes or spam; (vi) any material that contains a virus or any other computer code, file, program or corrupted data that is designed or intended to interrupt, damage, limit or disrupt the functionality of any computer software, hardware or telecommunication system.

Goupil & Cie has no obligation and is not responsible or liable for monitoring content submitted by users and for acting in this regard, for example by removing such content. Nevertheless, we may from time to time at our sole discretion, or upon notification from a user, review submitted content and decide to edit or delete it.

Should you witness content submitted on or through our Website that infringes our Website Terms of Use, please let us know by sending an email to [email protected]

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 is part of these Website Terms of Use and applies to the access and use of our Website. 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 by the terms of 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.

Unless otherwise expressly authorised in writing by Goupil & Cie, linking (including, but not limited to, hyperlink, in-line link or deep-link) (hereinafter collectively referred to as “Link”), mirroring or framing our Website or any part thereof to any other web page, website, server or otherwise are prohibited. Except expressly authorised in writing by Goupil & Cie, no Trade Mark, trade name, service mark, product name or logo may be used as a Link or to mark any Link to our Website or any part thereof or any other web page or website.

Notwithstanding anything to the contrary in these Website Terms of Use, Goupil & Cie reserves all rights to terminate any Link from any website to our Website for any reason. Upon our instructions, you must disable, remove and terminate any Link from any web page or website, or any mirroring or framing of our Website or any part thereof immediately.

Goupil & Cie has no responsibility for the content available on any website which Links, mirrors or frames our Website or any part thereof. In no circumstances will we be considered to be associated or affiliated in whatever manner with any Trade Marks, trade names, service marks, logos, insignia or other devices used or appearing on websites that Links, mirrors or frames our Website or any part thereof.

The Website may contain hyperlinks to other websites that are not operated or monitored by us. These other websites are not subject to this Policy and we are not responsible for their content or for the policy they apply to the treatment of personal data. Furthermore, linking shall not be interpreted as an endorsement of any content, information, advice, opinion, product or service provided on or through a linked third-party website. Goupil & Cie strongly encourages you to read their privacy and cookie policies to understand how they collect and process your data. USERS ACCESS AND USE THIRD-PARTY WEBSITES AT THEIR OWN RISK AND GOUPIL & CIE SHALL NOT BE LIABLE FOR ANY DAMAGE OR LOSS ARISING OUT OF, OR IN CONNECTION WITH THE USE OF ANY LINKED THIRD-PARTY WEBSITE.

Users acknowledge that they are solely responsible for accessing and using our Website or any linked website, and that such access and use is at their sole risk.

Our Website, as well as all content, information, features, products and services available on or through it are provided on an “as is” and “as available” basis. Goupil & Cie makes no warranties of any kind, express or implied.

Without limiting the foregoing, Goupil & Cie expressly disclaims to the fullest extent permitted by law, any guarantee that: (i) access to our website will be uninterrupted, (ii) our Website and its content will be error-free, (iii) any defects on our Website will be corrected, (iv) our Website and its content will be free of viruses or other destructive material, (v) your use of our Website will grant a specific result, (vi) the content and information on our Website will be accurate, correct, complete and reliable, or not forward-looking, (vi) information will be transmitted in a timely manner. Similarly, without limiting the foregoing Goupil & Cie expressly disclaims to the fullest extent permitted by law, any warranty regarding products and services provided on or through our Website, and any implied warranty of title, non-infringement, fitness for a particular purpose, satisfactory quality, or merchantability.

In no event shall Goupil & Cie 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 has been advised of the possibility of such damages, arising out of, or in connection with your breach of these Website Terms of Use, the use of, any delay or the inability to use our Website or the content, information, features, products and services available on or through it, the provision or the inability to provide our Services, inaccurate, incorrect or incomplete content or information available on or through our Website, content or information submitted on our Website by you, and content or information submitted on our Website by other users or any linked website.

Goupil & Cie shall not be liable for any failure or delay in performing its obligation due to the occurrence of events which 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 timeframe.

In any case, you shall not settle any claim without prior written approval of Goupil & Cie. We may, at our sole discretion and expense, exclusively control the defence of any such foregoing claim and you agree to assist us in that regard.

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 of Use and the content of our Website are governed by, construed and interpreted in accordance with the laws of Hong Kong.

The courts of Hong Kong shall have exclusive jurisdiction to settle any dispute or claim, arising out of or in connection with these Terms of Use. 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 Website Terms of Use 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 of Use, 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 of Use.

(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 Website Terms of Use 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 of Use, nor your use of our Website shall be construed or 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 of Use shall be deemed to create any third-party benefit.

(vii) The section headings in these Terms of Use are for convenience and reference only and shall not affect the interpretation or construction of any provision of these Website Terms of Use.

(vii) If you access the Website from outside of Hong Kong, 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 Website Terms of Use 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 Website Terms of Use 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 Website Terms of Use 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 Website Terms of Use or any of your rights and obligations under these Website Terms of Use 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 Website Terms of Use.

You and Goupil & Cie have each expressly requested and required that these Website Terms of Use and all related notices and other documents be drawn up in the English language. Subject to applicable law, any non-English translation of these Website Terms of Use 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 Website Terms of Use 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 Website Terms of Use and about your rights and obligations, do not hesitate to contact us at [email protected]. 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.