LEGAL NOTICE

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Mr Expert

contact@mr-expert.com

  1. Legal notice and General Conditions of Use
  1. Prior agreement

The MR-EXPERT website (the “Site“) is developed and provided by Mr Expert, a simplified joint stock company registered with the Paris Trade and Companies Register under SIRET number: 84490113200010, located at 87-89 quai Panhard et Levassor 75013 Paris (hereinafter referred to as “Mr Expert“).

It is possible to contact Mr Expert by:

Telephone: +33 (0)1.83.77.25.60 Monday to Friday from 9am to 7pm, French time

via the online contact form

by e-mail: contact@mr-expert.com

Director of Publication: Baptiste Delamare

Website hosting:

Gandi

Your access to and use of the Site is subject to these Terms of Use and all applicable laws. By accessing the Site, you accept, without limitation or qualification, these Terms and Conditions of Use.

The user’s registration on the Site cannot be carried out without having first consulted and accepted the present Terms and Conditions of Use, which express the entirety of the Parties’ obligations. By clicking on the box “I accept the terms and conditions of use of the Site”, the user acknowledges having read, prior to entering into the contract, these Terms and Conditions of Use and declares that he or she expressly accepts them without reservation. Consequently, the user acknowledges that he/she is fully aware that his/her agreement concerning the content of these Terms and Conditions of Use does not require a handwritten signature of this document, insofar as he/she wishes to order online the services presented through the website www.mr-expert.com. Finally, the user acknowledges that these Terms and Conditions of Use are perfectly binding on him/her. The solicitation of Mr Expert via the website www.mr-expert.com therefore implies full and complete adherence to the present general terms and conditions of use.

  1. Use of information

The purpose of the Site is to present the services offered by Mr Expert, in particular the valuation and sale of Goods and works of art, as well as the presentation of general information relating to artists and works of art.

You may not distribute, modify, transmit, reuse, re-send or use any information from this Site for commercial purposes, and you should assume that, unless otherwise stated, everything you see or read on this Site is protected by intellectual property rights and may not be used except in accordance with these Terms and Conditions of Use.

Except as provided in this paragraph, Mr Expert cannot guarantee or warrant that your use of materials and materials on the Site will not infringe the rights of third parties not owned by or affiliated with Mr Expert. With the exception of the limited authorisation resulting from the previous provisions, no licence, right to the information or intellectual property rights of Mr Expert or any other third party is granted or conferred to you.

This Site may contain or refer to protected information, products, processes or other proprietary rights of Mr Expert and/or other parties. No licence or right to such trademarks, patents, trade secrets, products, processes and other proprietary rights of Mr Expert and/or third parties is granted or conferred to you.

  1. Warranty

Although Mr Expert endeavours to ensure that the information provided by the Site is correct and up to date, it may contain inaccuracies or typographical errors. Mr Expert reserves the right to make changes, corrections and/or improvements to its information at any time and without prior notice. Mr Expert makes no guarantee or commitment as to the accuracy of the information. Mr Expert declines all responsibility in the event of errors or omissions in the content of the Site.

All information is provided “as is”. Mr Expert offers no guarantee as to the completeness or accuracy of the information available on the site or as to its possible uses. Therefore, the information must be carefully evaluated by users before use. You may use this information at your own discretion and you bear the risks involved. Within the limits set by law, Mr Expert, and third parties involved in the creation, development or supply of the site cannot be held liable for any direct, incidental, consequential, indirect or punitive damages resulting from access to, use of, or inability to use the site, or for any errors or omissions in its content.

Mr Expert also declines all responsibility, and cannot be held liable for any damage or virus that may affect your computer equipment or any other property as a result of your access to or use of the information.

  1. Changes to the General Terms and Conditions of Use

The information provided about the Services is provided for information purposes only and may not be considered as contractual or as firm and definitive offers of products or services, said offers being subject to the acceptance of additional contractual conditions.

Mr Expert reserves the right to add, delete or modify all or part of the Site that he publishes or the Services that he offers, without prejudice to the application of any previously agreed conditions.

Mr Expert reserves the right to update, modify or delete them at any time and without notice.

Mr Expert reserves the right to discontinue the Site at any time without any liability to you or anyone else.

  1. Information from third parties

The Site also contains, with the agreement of the third parties concerned, information from third parties and links to other websites. Mr Expert tries to only reference sites that comply with the applicable legislation.

This information and links are provided solely for your information and convenience. As Mr Expert is not in a position to exercise any control whatsoever over the information of third parties or published on third party sites, Mr Expert does not intend to give any guarantee whatsoever for this information and third-party sites and will not be responsible for their content, which you access under your own responsibility.

  1. Links to other external or third-party sites

The Site may contain hypertext links to third party sites. The sole purpose of these links to other sites is to facilitate the consultation of our Website. In any case, and in particular because of the volatile nature of the information on the Internet, Mr Expert cannot control the nature or content of the resources constituted by these external sources and consequently cannot be held responsible for the use, unavailability of third-party sites, their content, advertising and other elements available on these third party sites via access via the Mr Expert Site.
Mr Expert has no means of controlling the content of these third-party sites which remain totally independent of Mr Expert. Furthermore, the existence of a link between the Site and a third party site in no way means that Mr Expert approves in any way whatsoever of the content of this site and the use that may be made of it.

In addition, it is your responsibility to take the necessary precautions to avoid any contamination of the Site, in particular by one or more “viruses” and/or other “parasites”.

External sites may contain hypertext links pointing to the Site. Such a link does not signify any link between Mr Expert and the third-party site. In any case, Mr Expert is in no way responsible for the unavailability of such sites and Mr Expert does not examine, control, approve or be responsible for the content, advertising, products or other elements available on or via these sites.

  1. Sources

Mr Expert endeavours to illustrate the Site with royalty-free images and photographs. In the event that, despite Mr Expert’s efforts and good faith, certain images and photographs are protected by the intellectual property rights of a third party, Mr Expert will take the necessary measures to remove the element in question from the Site within a reasonable period of time at the request of the third party holder of the intellectual property rights.

  1. Intellectual Property
    • Content of the Site

The content of this Site is fully protected by the applicable intellectual property rights. The trademarks, domain name, logos or any other distinctive signs representing Mr Expert present on the Site are content protected under trademark law, design and model law and/or copyright.

All materials contained in this Site may not be reproduced, displayed or used in any other way without the prior written permission of Mr Expert.

The reproduction or representation, in whole or in part, of the texts, data and any other constituent element of the site, by any process or medium whatsoever, is prohibited and constitutes without the express prior authorisation of Mr Expert an infringement punishable under articles L.335-2 and following of the Intellectual Property Code.

Mr Expert is the owner of the Mr Expert trade mark registered at EUIPO. Any total or partial reproduction of this brand or logo, made from elements of the site without the express and prior authorisation of Mr Expert, is prohibited within the meaning of article L.713-2 of the Intellectual Property Code.

  1. Site Services: Valuation and Sale of Goods
  •  
    • Free online estimate

Mr Expert offers an online estimation service based on the information and photographs provided by the user. The information and photographs provided by the user are deemed to be accurate and authentic for Mr Expert, who will carry out the estimate based on this unique information.

Mr Expert cannot be held liable for any direct or indirect prejudice of any nature whatsoever, resulting in whole or in part from the use of the information communicated following the estimate made by Mr Expert and in general from the use of the information on the site.

The user acknowledges and guarantees that the information he communicates to Mr Expert relating to the Property and his identity is complete and accurate. It is reminded that the user is criminally liable in the event of usurpation of the identity of a third party and as such is liable to a prison sentence of one year and a fine of 15,000 euros in application of article 226-4-1 of the Penal Code.

Within the framework of his online estimation service, Mr Expert is only bound by an obligation of means. Mr Expert undertakes to ensure the continuity of the service and to implement all the means at his disposal in order to ensure the best possible provision of services. The estimate proposed by Mr Expert cannot guarantee a sale at the estimated price, this price remains purely estimated and may be subject to subsequent fluctuations.

Mr Expert endeavours to provide an answer to the request for a free online estimate within 48 hours (working days), Mr Expert is bound by an obligation of means and as such cannot be held liable or be required to compensate the user for any answer given within a period of more than 48 hours.

The user has the possibility of requesting free estimates online on the site within the limit of five (5) requests per month, each request being reserved for the estimation of a single property.

As from the sixth request made within a month, Mr Expert will invoice the additional estimate at 10 euros including tax per item.

  • Sales mandate

Mr Expert proposes the sale of your Goods (hereafter “Goods or Property“) through his intermediary, this service is subject to the prior conclusion between Mr Expert and the seller of a contract of sale mandate.

Only the sale of authentic Goods is authorised, the sale of copies or reproductions of any kind is liable to constitute an act of counterfeiting, punishable by three years imprisonment and a fine of 300,000 euros on the basis of Article L. 335-2 paragraph 2 of the Intellectual Property Code.

You must be the legal owner of the Property, object of the sale, or be authorised to sell it by the owner, by his authorised agent or by law, in the latter cases a written attestation proving this authorisation will be required.

Mr Expert reserves the right, unless he is required to justify himself, to refuse the mandate to sell a Property which does not correspond to his standards or whose non-authenticity or non-proprietary nature Mr Expert suspects.

Finally, the Property must be transferable and must be exempt from any exclusivity of sale granted to a third party, a right of lien, or any other reason that would limit or prohibit its transfer.

Mr Expert cannot be held liable for any direct or indirect prejudice of any nature whatsoever and with regard to any person resulting from the sale of the Good. In his capacity as principal, the vendor retains all responsibility in this respect.

  1. Severability

The invalidity or inapplicability of one or more of the General Conditions of Use shall not affect the validity or applicability of the other provisions, which shall remain fully valid and in force, except where the invalidity or inapplicability relates to an essential provision of these General Conditions of Use.

  1. Dispute resolution

In the event of a dispute, the user must first contact Mr Expert to find an amicable solution.

All complaints relating to estimates must be sent to Mr Expert by registered letter with acknowledgement of receipt accompanied by supporting documents to the following address:

Mr Expert SAS

87 QUAI PANHARD AND LEVASSOR

75013 PARIS

FRANCE

The Site and its content are governed by French law and any dispute relating thereto shall be submitted to the competent court of Paris.

  1. Privacy Policy

This privacy policy describes the way in which information relating to persons using this website (the “Site“) is collected, stored and used by Mr Expert, a simplified joint stock company registered with the Paris Trade and Companies Register under SIRET number: 84490113200010, located at 87-89 quai Panhard et Levassor 75013 Paris, responsible for processing this information (“Mr Expert“).

This Privacy Policy may be periodically changed, modified or otherwise updated without notice. However, your Personal Data will always be treated in accordance with the Privacy Policy in effect on the day it is collected.

Users’ personal data is protected by the regulations on the protection of personal data including the provisions of Law 78-17 of 6 January 1978 on data processing, data files and individual liberties, as well as European Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016.

  1. Collected Personal Data

Mr Expert collects your Personal Data when you fill in the forms available on the Site, the contact form as well as requests for estimates and inventory. Mr Expert collects your name (if provided), email address, telephone number, city and country of residence (“Personal Data“). All these categories of Personal Data are not mandatory. Mr Expert offers an anonymised online estimate without it being compulsory to enter any Personal Data. In this case, Mr Expert only collects data relating to the work entered by the user and does not in fact collect any Personal Data.

When you fill in these forms, we tell you which information is required to process your request and which information is optional and can be given according to your wishes.

  1. Uses of Personal Data

Mr Expert will use the Personal Data you provide us with to :

  • Ensuring the valuation of your property
  • Ensuring continuous information to users through a newsletter
  • Ensuring the processing and follow-up of your request
  • Get in touch with you
  • Carry out the missions entrusted to it, in particular the sale of properties and the monitoring of its due diligence.

Your personal information will only be processed for legitimate purposes pursued by Mr Expert.

Mr Expert may share certain data with its partners in the context of its activity in order to be able to provide you with the expected services, to improve its services, and to enable them to contact you for commercial prospecting purposes.

Except in the context of a legitimate interest or to ensure compliance with a legal obligation, the sharing of your information and subscription to our newsletter will not be done without your consent.

  1. Retention period of your Personal Data

Your personal information is processed and kept for less than three years from: its collection or from the last exchange between you and Mr Expert.

  1. Security

Your personal information will be stored on secure servers and kept strictly confidential.

  1. Right of access, rectification and opposition

When you fill in a form on our site, you are explicitly informed which information is required and which information is optional and can be given at your discretion.

You have the right to access, rectify and oppose the use of your Personal Data.  If you would like to contact us in relation to the use of your Personal Data or to object to the processing of your Personal Data, please send us an e-mail to contact@mr-expert.com. When making this request, please specifically indicate the information you wish to correct, modify or delete. Any request for the deletion of Personal Data will be subject to the ethical and legal obligations imposed on us regarding the declaration, storage and retention of documents. In this case, you will be informed and your Personal Data will only be retained for these purposes.

  1. Unsubscribe

You can contact the personal data manager via contact@mr-expert.com to exercise your rights.

  • Cookies

This website (the “Website“) uses cookies, including anonymous statistical analysis cookies by Google Analytics.

Cookies are small data files that are placed on your computer, laptop or other device.

Cookies are stored on your device’s hard drive without the risk of damaging it.

By accessing the Site, you accept the use of cookies by Mr Expert, the person responsible for processing the cookies stored on your device.

Cookies allow us to automatically collect certain data from users of the Site, such as :

  • The user’s IP address (this address, which allows access to the Internet, is assigned to the user’s device by the Internet service provider, which changes depending on the user’s session, is not personally identifiable);
  • The date and time of the user’s visit to the Site;
  • The user’s device operating system and browser;
  • How the user accesses the Site.

Two types of cookies are used:

Strictly necessary cookies: These cookies are essential to enable us to navigate the Site and use its terms and conditions.

Performance Cookies: These cookies collect information analysis; concerning the way users use the Website.

These cookies don’t collect any information that could identify the user. All information collected by cookies is aggregated and anonymous.

In addition, Mr Expert collects anonymous data from the user of the Site (or anonymous information), such as the page visited and searches performed. This data is anonymous since the personal identification of the user is no longer permitted.

We use this anonymous information to help us improve the content of the Site and to obtain aggregate statistics about your use of the Site.

These statistics may be prepared by a third party, the latter being bound by an obligation of confidentiality.

Mr Expert will keep the personal data collected (the identifying cookies) for 13 months.