GENERAL AUCTION CONDITIONS
1. Definitions
1.1. For the application of these general conditions of sale we
understand by:
1.2. Buyer: The bidder who acquires a lot.
1.3. AUCTION-LUX SARL: AUCTION-LUX SARL, established and
having its head office at L-5450 STADTBREDIMUS, 6, rue
Pierre Risch, registered in the Luxembourg Trade and
Companies Register under number B236275, is an operator of
voluntary sales to public auction which organizes public
auctions conducted in the presence and by the ministry of a
bailiff.
In this capacity AUCTION-LUX SARL acts as agent of the
seller, either in its own name or on behalf of the seller, but
always on behalf of the seller.
1.4. Public auction: Any public auction organized by AUCTION-
LUX SARL, managed in the presence and by the ministry of a
bailiff and taking place physically either at the head office of
AUCTION-LUX SARL, or at another location determined by it.
this.
1.5. Online public auction: Remote participation by electronic
means in a public auction via the AUCTION-LUX SARL website
or any other auction platform freely chosen by AUCTION-LUX
SARL.
1.6. Bidder: Any person, natural or legal, who meets the
criteria to bid during a public auction in the room or online.
1.7. AUCTION-LUX SARL website: The website accessible at
the address “https://www.lux-auction.com/”.
1.8. Seller: Any person, natural or legal, who puts one or more
goods up for sale at a public auction.
2. Acceptance, modification
and enforceability of the general
conditions of sale
2.1. The relationship between AUCTION-LUX SARL and the
bidder is specified by these general conditions of sale.
2.2. By registering with AUCTION-LUX SARL or by using the
AUCTION-LUX SARL website as well as any other auction
platform freely chosen by AUCTION-LUX SARL, the bidder who
wishes to participate in public auctions in the classroom or
online guarantees that he has full capacity to exercise and
acknowledges that he has read these general conditions of
sale and that he has accepted them without reservation and
with full knowledge of the facts.
2.3. The bidder who wishes to participate in an online public
auction must read and accept, without reservation, the
conditions of use of this technical platform. In the event of a
contradiction between the conditions of use of this technical
platform and these general conditions of sale, the latter
prevail over any other contrary provision.
2.4. The general conditions of sale in force during the public
auction govern the relationship between the bidder and
AUCTION-LUX SARL.
2.5. AUCTION-LUX SARL explicitly reserves the right to modify
the general conditions of sale at any time for legitimate
reasons aimed at ensuring the smooth running of public
auctions. The general conditions of sale may, for example, be
modified by AUCTION-LUX SARL by written and/or oral notices
prior to a public auction and which will be mentioned in the
minutes of the sale.
3. Goods put up for sale
3.1. The goods are offered for sale in their current condition,
which implies that they may, for example, present
imperfections, defects as well as possible errors in their
description.
3.2. The bidder is explicitly invited to form his own opinion on
the lot likely to interest him.
3.3. The bidder is strongly advised to take the time to view
and carefully examine the lot likely to interest him as well as
to request all the necessary information about it before the
public auction and particularly during the exhibitions.
3.4. Any handling of goods by the bidder is at their own risk.
3.5. AUCTION-LUX SARL is available to bidders to provide
them with reports on the lots.
3.6. The description of a lot provided by AUCTION-LUX SARL,
resulting in particular from the catalog, reports, labels, any
indications and/or verbal announcements, is exclusively
AUCTION-LUX SARL’s interpretation of the lot in question and
shall in no way be considered as proof of any fact(s) by the
bidder and the buyer.
3.7. The use of the term «attributed to» followed for example
by an artist’s name, a historical period, a century and/or an
era indicates that one or more serious presumptions make it
possible to connect the/ the characteristic(s) in question of
the property. AUCTION-LUX SARL emphasizes that this is one
or more presumptions and in no case a guarantee of
authenticity.
3.8. The description of a lot provided by AUCTION-LUX SARL,
such as the existence of a restoration, an accident or an
incident that may have affected the lot in question, is given
for the sole purpose of facilitating the personal inspection of
the lot by the bidder. It remains expressly subject to the
personal assessment of the bidder and/or his own expert.
3.9. The absence of any indication in the description of a lot
provided by AUCTION-LUX SARL - whether for example in the
catalog, reports, labels, any indications and/or verbal
announcements - of in particular a restoration, an accident
and/or an incident which may have affected the lot in question
does not in any way guarantee that said lot is free from one
or more present, past and/or repaired defects as well as wear
and tear. /or any other imperfections.
3.10. Conversely, the mention in the description of a lot
provided by AUCTION-LUX SARL, for example of a restoration,
an accident and/or an incident, does not imply that the lot in
question is exempt from any other present, past and/or
repaired defect as well as wear and/or other imperfections of
any kind.
3.11. The description of a lot, in particular from the catalog,
reports, labels, any indications and/or verbal announcements
provided by AUCTION-LUX SARL, may be specified and/or
modified by AUCTION-LUX SARL and/or the bailiff who is
present and directs the public auction until the start of the
public auction in question. Any modification to the description
is countersigned, where applicable, in the sales report drawn
up by the bailiff.
3.12. The photos presented by AUCTION-LUX SARL, whatever
their form, are not contractual and are given for purely
indicative purposes. Colors of works shown in the catalog may
differ from actual colors due to printing processes.
3.13. Estimates are provided for informational purposes only
and should in no way be taken as a guarantee that the lot will
sell at the estimated price or even within the estimate range.
3.14. Estimates do not constitute a guarantee of any kind.
AUCTION-LUX SARL cannot under any circumstances be held
responsible for estimates provided at any location or time.
3.15. No complaint by a bidder and/or a buyer, whatever the
nature, is admitted once the auction has been declared, even
if it concerns for example the description, the estimate, the
content and/or the batch status.
4. Public auctions
4.1. Public auctions are conducted in the presence and by the
ministry of a bailiff. A report is drawn up during the sale by
the bailiff and is binding against any contrary document.
4.2. In the event of a dispute, only the bailiff present and
directing the public auction can decide to withdraw the lot.
Its decision is irrevocable and binding on everyone, without
any possible dispute.
4.3. The bailiff present and directing the public auction
ensures compliance with established practices.
4.4. The hammer blow marks the end of the auction. The
pronunciation of the term “awarded” results in the formation
of the sales contract between the seller and the highest
bidder, or results in the transfer of the goods from the seller
to AUCTION-LUX SARL and the immediate delivery of the
goods by AUCTION-LUX SARL to the highest bidder, on behalf
of the seller, in the event that AUCTION-LUX SARL is acting in
its own name and on behalf of the seller.
4.5. The successful bidder is the person who makes the
highest bid provided that he or she can be validly identified,
is solvent, complies with all of these general conditions of
sale and, where applicable, that his or her bid is equal. or
higher than the stipulated reserve price.
4.6. As agent of the seller, AUCTION-LUX SARL is not the
owner of the goods put up for sale, even in cases where
AUCTION-LUX SARL acts in its own name but on behalf of the
seller. In this regard, AUCTION-LUX SARL cannot, among other
things, be held responsible for any damage possibly suffered
following or in the context of the conclusion of a sale between
a seller and a buyer - including and as non-exhaustive - any
possible damage occurring following an unfavorable purchase
or judged as such by the buyer or seller when a lot is awarded
at a price higher or lower than the actual or expected value.
Bidder
4.7. For the proper organization of public auctions:
- Anyone wishing to participate in public auctions must
register before entering the room.
- Any person wishing to participate in public online auctions
must have a validated user account on the AUCTION-LUX SARL
website or on the auction platform concerned at least two
hours (2) before the start of the auction public.
4.8. AUCTION-LUX SARL notably asks any person who wishes
to register to prove their identity as well as to provide their
banking references.
4.9. For certain lots, AUCTION-LUX SARL may ask a bidder to
make a security deposit. If the lot in question is not awarded
to this bidder, the security deposit will be refunded within 72
hours to the bank details presented by said bidder.
4.10. All bidders are deemed to act in their own name and on
their own behalf unless they previously declare to AUCTION-
LUX SARL that they are acting as an agent on behalf of a third
party. AUCTION-LUX SARL reserves the discretionary right to
refuse such a prior declaration.
Buyer
4.11. The lot is awarded to the highest bidder who therefore
has the status of buyer, provided that he can be validly
identified, is solvent, complies with all of these general
conditions of sale and, where applicable, its bid is equal to or
higher than the stipulated reserve price.
4.12. The buyer undertakes to pay personally and immediately
the hammer price increased by the costs payable by him as
well as any taxes and/or charges that may be payable.
4.13. The buyer will only be able to obtain the lot awarded to
him after payment of his sales slip in full.
4.14. The seller retains ownership of the lot awarded to the
buyer until full and effective payment of the amount due by
the buyer. This provision does not prevent the transfer of risks
to the buyer, from the day of sale. As soon as the lot is
awarded to a buyer, the risks are transferred to him and he is
required to pay the amounts due.
4.15. The buyer becomes responsible for any lot he acquires
and cannot under any circumstances revoke his acceptance.
4.16. It will be up to the buyer to insure the lot upon auction.
Under no circumstances is AUCTION-LUX SARL liable in the
event of theft, loss or damage to the lot in question after the
auction.
4.17. AUCTION-LUX SARL does not organize the shipping of a
lot purchased by the buyer. The latter bears the risks linked
to the delivery of the lot and according to the terms and
conditions it organizes.
Purchase orders and telephone bidding for public in-room
auctions
4.18. AUCTION-LUX SARL reserves the discretionary right to
accept free of charge to receive bids by telephone (for a public
auction in a specific room) from a bidder who has come
forward up to two (2) hours before the start of the auction.
public auction on the AUCTION-LUX SARL website, by letter or
by e-mail (info@lux-auction.com).
4.19. The bidder is required to provide his identity and all
information required by AUCTION-LUX SARL, including his
banking references.
4.20. AUCTION-LUX SARL reserves the discretionary right to
refuse any request for telephone participation for a public
auction.
4.21. If AUCTION-LUX SARL does not explicitly respond to a
request from a bidder wishing to participate in a public
auction by telephone, this lack of response constitutes a
refusal of the request.
4.22. If a bidder’s request is accepted by AUCTION-LUX SARL,
the bidder must ensure that they are reachable by telephone
during said public auction. The bidder undertakes to pay
AUCTION-LUX SARL, as a compensatory penalty for
compensation for the blocking of one or more line(s), the sum
of €150 in the event that he cannot be reached by telephone
during the public auction. The penalty is due automatically
and without formal notice by the mere arrival of the event.
4.23. AUCTION-LUX SARL cannot under any circumstances be
held responsible for an error on the part of the bidder who
participates by telephone, in particular with regard to the
incorrect indication of the lot number or his telephone
number.
4.24. AUCTION-LUX SARL cannot under any circumstances be
held responsible, including but not limited to, any technical
failure, call failure, any communications problems and/or
receipt of participation requests. telephone for a public
auction (e.g. phones busy, lines down, etc.). The bidder is
aware of and assumes the risks inherent in this process.
4.25. The bidder cannot cancel a telephone bid; it being
considered firm and final.
4.26. For all purposes, AUCTION-LUX SARL reserves the right
to record telephone communications during the sale. The
records will be kept until full payment of the buyer’s slip,
unless disputed.
4.27. AUCTION-LUX SARL reserves the discretionary right to
accept free of charge to receive bids by purchase order from
a bidder who appears up to two (2) hours before the start of
the public auction on the site internet of AUCTION-LUX SARL,
by letter or by e-mail (info@lux-auction.com).
4.28. The bidder is required to provide his identity and all
information required by AUCTION-LUX SARL, including his
banking references.
4.29. AUCTION-LUX SARL reserves the discretionary right to
refuse any purchase order request for a public auction.
4.30. If AUCTION-LUX SARL does not explicitly respond to a
bidder wishing to participate in a public auction by purchase
order, this lack of response constitutes a refusal of the
request.
4.31. The purchase order includes the date of the public
auction in question, the lot number, its description and the
maximum amount of the auction.
4.32. The purchase order form is available in the room, at the
end of our catalogs and on our website.
4.33 In the event of competition between two purchase orders
for the same lot and for the same amount, priority will be
given to the order received first. Under no circumstances can
AUCTION-LUX SARL be held liable, particularly in the event of
an error or omission in the execution of the written order.
4.34. The bidder cannot cancel a purchase order; it being
considered firm and definitive.
4.35. AUCTION-LUX SARL cannot be held responsible for any
errors on the part of the bidder, in particular with regard to
the incorrect indication of the lot number as well as any
problems with communications and/or receipt of requests for
bids. purchase order. The bidder is aware of and assumes the
risks inherent in this process.
5. Reserve price
5.1. The seller has the right to offer a reserve price for public
auctions. If a reserve price has been agreed, this will be
appreciated during the sale to the nearest 20% and
considered under the hammer.
5.2. In the event that a reserve price has been stipulated by
the seller, AUCTION-LUX SARL reserves the right to bid until
the reserve price is reached. However, the seller is not
authorized to bid directly or through an agent himself.
6. Special features relating exclusively
to online public auctions
6.1. Online public auctions take place on the AUCTION-LUX
SARL website or on any other auction platform freely chosen
by AUCTION-LUX SARL. They are public and require prior
registration.
6.2. AUCTION-LUX SARL reserves the discretionary right to
cancel, postpone, extend or terminate an online public
auction without justification to potential or existing sellers
and bidders.
6.3. AUCTION-LUX SARL reserves the discretionary right to
resume, at the time and method deemed most appropriate,
online public auctions after an interruption, particularly in the
event of a malfunction of the website having hindered optimal
access for bidders.
7. Execution of the sale
7.1. In addition to the hammer price, the successful bidder
must pay the following commissions and taxes per lot and in
decreasing installments:
• From €0.99 to €250,000.99: 25% including VAT
(Luxembourg VAT at the current rate)
• From €250,001 to €500,000.99: 17% including VAT
(Luxembourg VAT at the applicable rate)
• From €500,001 to €1,000,000.99: 12% including VAT
(Luxembourg VAT at the applicable rate)
• Beyond €1,000,001: 10% including VAT (Luxembourg VAT
at the applicable rate)
7.2. An additional fee of 2% including VAT will be applied to
bids won via the Lux-Auction live platform.
An additional fee of 3% including VAT will be applied for bids
won via the external live platform Drouot.
Additional fees will be applied for bids won via external live
platforms such as Interenchères, Invaluable, Live Auctioneer,
etc. Please refer to these platforms for the applicable
amount.
7.3. In the event that AUCTION-LUX SARL acts as agent for the
seller who sells the goods in its own name and on its own
behalf, VAT on the commission will not be applied if the
successful bidder is not established in Luxembourg and can
prove that they are subject to VAT.
In cases where AUCTION-LUX SARL acts in its own name but
on behalf of the client, the commission amount including VATwill form an integral part of the sale price and will be subject
to the same VAT treatment, with VAT exemption in the
following two cases:
• export sale of goods delivered outside the EU customs
territory upon presentation of the customs declaration
justifying the export of the goods;
• exempt intra-Community sale (optional) in the case of a
buyer subject to VAT in another Member State providing their
valid VAT number and proof of transport to another Member
State.
7.4. Payment for the lot is made in cash for the entire price,
fees and taxes.
The successful bidder may pay by the following means:
- In cash: up to €9,999;
- Wire Transfer;
- By credit card: VISA or MASTERCARD ONLY on site, no
remote payment.
AMERICAN EXPRESS is not accepted.
8. Storage costs
8.1. Once two months have elapsed from the date of the
auction sale, storage charges will be invoiced, amounting to
€10 (inclusive of tax) per lot per day.
8.2. AUCTION-LUX SARL cannot be held responsible in the
event of loss and/or damage to a lot acquired by a buyer,
whatever the cause.
9. Default of payment
9.1. In the event of non-payment in full of the lot, and subject
to prior formal notice having remained unsuccessful,
AUCTION-LUX SARL reserves the discretionary right to initiate
proceedings to recover the sums due, to which will be added
default interest at the legal rate in force at the time of the
auction, increased by five points, and all other additional
costs and expenses incurred by the defaulting buyer,
including the costs of recovering the debt.
9.2. In addition, AUCTION-LUX SARL is authorized to take, at
its own discretion and subject to all other rights and actions,
any of the following measures:
- the cancellation of the sale to the detriment of the
defaulting buyer;
- the resale by public auction of the lot in question. Any
shortfall in relation to the first auction will be borne
exclusively by the defaulting buyer, as will all the costs and
expenses inherent in the new sale by public auction.
9.3. AUCTION-LUX SARL reserves the discretionary right to
exclude from future public auctions any buyer who defaults
or who does not comply with these general terms and
conditions of sale.
9.4. All auction sales invoices remaining unpaid with
AUCTION-LUX SARL or subject to delays in payment may be
added to the Auction Access Restriction File ("TEMIS File")
maintained by Commissaires-Priseurs Multimédia (CPM),
public limited company with executive board, with registered
office at 14 Rue des Pyramides, 75001 Paris, listed on the
Paris Trade and Companies Register under number 437 868
425. The TEMIS File may be viewed by all auctioneers who
subscribe to this service. Bidders listed on the TEMIS File may
face restrictions on their bidding activity at auctions operated
by auctioneers with a Professional Subscription to the TEMIS
service. In such cases, this shall also result in temporary
suspension of access to the www.interencheres.com live
services, operated by CPM, in accordance with the general
terms of use for these platforms. Where a bidder is listed on
the TEMIS File, AUCTION-LUX SARL may make access to
auctions contingent on the use of payment methods or
specific guarantees, or it may prevent the Bidder from
participating in auctions for which such guarantees cannot be
provided. Bidders can find out if they are listed on the TEMIS
File, contest their TEMIS File listing, or exercise their rights
of access, rectification, erasure, restriction or objection under
applicable data protection legislation, by submitting a
request in writing accompanied by proof of identity in the form
of a copy of a relevant identity document:
- For listings added by AUCTION-LUX SARL: by post to [contact
details for AUCTION-LUX 6 rue Pierre Risch L-5450
Stadtbredimus
- For listings added by other Professional Subscribers: by
post to CPM, 14 rue des Pyramides, 75001 Paris FRANCE, or
by email to contact@temis.auction.
The Bidder may also submit a complaint in relation to their
listing on the TEMIS File to the French Data Protection
Authority (CNIL) [3 Place de Fontenoy, TSA 80715, 75334
Paris, France Cedex 07, www.cnil.fr].
More information on the TEMIS File is available in our general
conditions of sale. Important notifications relating to the
auction process will be sent to the email and/or postal
address that the bidder provides the auctioneer at the time of
auction. The bidder must notify [NAME OF AUCTIONEER/Firm]
of any changes to their contact details.
10. Intellectual property - Reproduction
of works
10.1. AUCTION-LUX SARL reserves the discretionary right to
photograph the lot and to insert or not a photo in the
catalogue and/or on the website.
10.2. AUCTION-LUX SARL holds the reproduction rights to its
catalogue. Any reproduction of this catalogue is prohibited
and may constitute an illicit reproduction of a work exposing
its author to prosecution for copyright infringement.
11. Goods subject to special legislation
11.1. The international regulation of 3 March 1973, known as
the Washington Convention, has the effect of protecting
specimens and species threatened with extinction. It is the
responsibility of all bidders to check, before bidding, the
legislation applied in their country on this subject.
11.2. Any lot containing an ivory or rosewood item, regardless
of its date of execution or its certificate of origin, may not be
imported into the United States, in view of the legislation in
force there.
11.3 AUCTION-LUX SARL participates in the protection of
species of wild fauna and flora and of cultural property and
makes every effort, within its means, to ensure the
provenance of the lots offered for sale in this catalogue.
12. Fight against money laundering and
terrorist financing
12.1. The obligations relating to the fight against money
laundering and the financing of terrorism are applicable to
AUCTION-LUX SARL and to the bailiff present and directing the
public auction.
12.2. The seller, the bidder and, where applicable, his agent,
undertake to respond to any request for information
necessary to enable AUCTION-LUX SARL and the bailiff to
comply with their legal obligations in matters of fight. against
money laundering and terrorist financing. Consequently, the
seller, the bidder and, where applicable, his agent, must
provide all the necessary documents to establish their
identity and the origin of the funds. Likewise, the seller is
obliged to provide all the information he has regarding the
origin of the good(s) concerned.
12.3. The seller, the bidder and, where applicable, his agent
expressly authorizes AUCTION-LUX SARL and the bailiff to
copy and retain this information.
12.4. No one can hide behind the GDPR to refuse to
communicate relevant information.
12.5. The information that must be provided by the seller, the
bidder and, where applicable, his agent varies depending on
whether it is a natural person, a legal entity, or, where
applicable, a representative.
12.6. Any modification to the situation of the seller, the bidder
and, where applicable, his agent which occurs during the
execution of the collaboration must be transmitted as quickly
as possible to AUCTION-LUX SARL and to the bailiff. .
12.7. It is the responsibility of the seller, the bidder and,
where applicable, his agent to provide proof of the
modification of the information.
12.8. If AUCTION-LUX SARL and/or the bailiff have reason to
suspect that facts are linked to money laundering or the
financing of terrorism, they are obliged to declare to the
Financial Intelligence Unit (CRF) of such facts. If necessary,
the operation is canceled or suspended without the persons
concerned being able to object.
13. Personal data protection policy
13.1. By using the services of AUCTION-LUX SARL, personal
data is processed.
13.2. By using the services of AUCTION-LUX SARL, the seller,
the bidder, where applicable his agent, and the buyer consent
to the collection, use, storage and, where applicable,
transmission of their data to specialized subcontractors with
the aim of providing the desired services relating to the
parties concerned.
13.3. AUCTION-LUX SARL is the data processing manager.
13.4. The seller, the bidder, his agent where applicable, and
the buyer undertake to provide truthful information.
13.5. The following data may be collected:
- the first and last name, a copy of the valid identity card or
passport, in order to be able to identify the seller, the bidder,
if applicable his agent, and the buyer;
- the postal address, the email address and any similar
information, necessary or useful for the execution of the
contract and the follow-up of requests addressed to
AUCTION-LUX SARL;
- the telephone number of the seller, the bidder, if applicable,
his agent, and the buyer;
- the bank account number (IBAN and BIC) of the seller, the
bidder, if applicable his agent, and the buyer;
- in general, any information given voluntarily when using the
website or services or any request made on the website as
well as any information communicated by email, by post or by
telephone to AUCTION-LUX SARL.
13.6. AUCTION-LUX SARL is not intended to collect sensitive
data.
13.7. The data cannot be sold or made available to third
parties except subcontractors.
13.8. The data is collected to allow:
- the registration of the seller, the bidder and, where
applicable, his agent based on the consent of the person
concerned, allowing him to then have access to the services
offered by AUCTION-LUX SARL;
- the management and monitoring of auctions for the seller,
the bidder, where applicable his agent and the buyer, for
contractual needs;
- accounting and tax management of operations;
- debt recovery needs in the event of non-payment, based on
the legitimate interest of AUCTION-LUX SARL.
13.9. AUCTION-LUX SARL is committed to ensuring the
security and confidentiality of the data collected by storing it
in a secure environment and processing it securely.
13.10. AUCTION-LUX SARL has implemented appropriate
security measures.
13.11. The data is processed by AUCTION-LUX SARL as well
as, where applicable, by specialized subcontractors that
AUCTION-LUX SARL uses for certain services.
13.12. Subcontractors must follow AUCTION-LUX SARL’s
instructions and respect its policy on the protection of
personal data.
13.13. The data collected by AUCTION-LUX SARL is only kept
for the period necessary for the execution of the services and
compliance with legal obligations.
13.14. AUCTION-LUX SARL undertakes to notify the National
Commission for Data Protection (CNPD) as soon as possible
of a personal data breach.
13.15. When a data breach is likely to pose a high risk to the
rights and freedoms of the people whose data is collected,
AUCTION-LUX SARL will inform the people as soon as
possible.
13.16. Except for uses for legitimate reasons (contractual
need, tax obligation, etc.), the seller, the bidder, where
applicable his agent, and the buyer have, at any time, the
right:
- to access their data, by asking AUCTION-LUX SARL to
communicate said data to them in an accessible form, as well
as all the information relating to the collection and
processing of their data;
- to ask AUCTION-LUX SARL to rectify, complete or update its
data when it is inaccurate, incomplete or obsolete;
- to ask AUCTION-LUX SARL to delete its data as soon as
possible;
- to ask AUCTION-LUX SARL to limit the processing of their
personal data, which will only be kept in order to verify the
accuracy of the contested personal data and to serve - in the
context of this dispute - the exercise or defense rights in
court.
13.17. However, these rights are not absolute. Any request
will therefore be examined on a case-by-case basis by
AUCTION-LUX SARL.
13.18. The seller, the bidder, where applicable his agent, and
the buyer have the right to receive the data provided to
AUCTION-LUX SARL in a structured, commonly used and
machine-readable format. They may also transfer this data to
other data controllers.
13.19. AUCTION-LUX SARL has access to the TEMIS platform
operated by Commissaires-Priseurs Multimédia (CPM) for the
purposes of handling the recovery of unpaid invoices. In this
context, where there is a delay to payment, the personal data
of bidders, or their representatives (e.g. name and contact
details, auction information, invoices, etc.) may be shared
with CPM for the purposes of collecting unpaid amounts. CPM
acts as a processor as defined by the General Data Protection
Regulation (Regulation (EU) 2016/679 of 27 April 2016).
13.20. The seller, the bidder, if applicable his agent, and the
buyer can exercise their rights by contacting AUCTION-LUX
SARL at the e-mail address info@lux-auction.com or by mail
at the address L- 5450 STADTBREDIMUS, 6, rue Pierre Risch,
which will provide information on the measures taken as soon
as possible and in any event within one (1) month from receipt
of the request, which may be extended having regard to the
complexity of the request, and subject to having previously
informed the seller, the bidder, if applicable his agent, and
the buyer.
13.21. The seller, the bidder, if applicable his agent, and the
buyer have the right to lodge a complaint with the National
Commission for Data Protection, the contact details of which
appear below:
National Commission for Data Protection, L-4370 BELVAUX,
15, Boulevard du Jazz,;
Such.: (+352) 26 10 60 – 1; Fax.: (+352) 26 10 60 – 6099;
https://cnpd.public.lu/fr/particuliers/faire-valoir/formulaire-
plainte.html.
without prejudice to any appeal before the competent court.
14. Specific provisions prohibiting the
sale of lots to Russia
14.1. AUCTION-LUX SARL strictly applies the legislation
prohibiting the sale of goods to Russia.
15. Miscellaneous
15.1. If one or more clauses of the general conditions of sale
are judged, in whole or in part, void, unenforceable or invalid
for any reason, this will not prejudice the other provisions of
the general conditions. of sale. In this case, AUCTION-LUX
SARL will replace the clause in good faith with another
provision having an equivalent economic and legal effect.
15.2. The right of withdrawal is not applicable to contracts
concluded during a public auction.
15.3. AUCTION-LUX SARL reserves the right to refuse access
to the sales room to any person as well as to expel any person
from the sales room in the event of justified reason.
15.4. AUCTION-LUX SARL reserves the discretionary right to
exclude from any current or future public auction any bidder
or buyer who does not respect the general conditions of sale.
15.5. The provisions of the 1980 United Nations Convention on
Contracts for the International Sale of Goods, known as the
Vienna Convention, will not apply.
16. Applicable law and competent
jurisdiction
16.1. These general conditions of sale as well as the resulting
sales are exclusively governed by Luxembourg substantive
law, the rules of private international law in the broad sense
being thus expressly excluded.
16.2. Any dispute resulting from the formation, interpretation
or execution of these general conditions of sale as well as the
sales resulting therefrom are under the exclusive jurisdiction
of the competent court of the judicial district of Luxembourg
(Grand Duchy of Luxembourg).
