CGU/CGV The auctionlab (updated October 7, 2024)
To access and use the services of The Auctionlab, offered by MEDIAFISHER SARL, the user must accept these General Conditions of Use and Sale (CGUV) by clicking on “I accept these CGUV of the site”. By doing so, the user acknowledges having read the General Terms and Conditions before any transaction and accepts them without reservation.
Legal information of the company
MEDIAFISHER SARL, a company with capital of €8,000, is registered in the Nanterre Trade and Companies Register under number 505 207 464, with its head office located at 49 boulevard Saint Denis, 92400 Courbevoie, France.
Definitions
- Buyers : designates the natural or legal persons legally capable of acquiring the items put up for sale on the platform.
- bidders : designates the participants in an auction on The Auctionlab.
- Objects : designates all items, goods or lots offered for sale on the platform.
- Sellers : designates users who offer items for sale on The Auctionlab.
Article 2: Purpose of the Service
2.1
The Auctionlab is a technical platform that allows registered users to participate in online sales, including auctions. MEDIAFISHER / The Auctionlab acts neither as a seller nor as a sales operator.
Auctions organized directly by The Auctionlab are referred to here as falling within the “unregulated sector”. They connect buyers and sellers for movable goods such as books, collectible cards, etc., via the website. Here is the detailed process:
A seller registers on the site and describes the property offered as well as its indicative price. At the same time, the potential buyer also registers on the site and formulates a price proposal for the property offered. Registrations can be made anonymously. Offers are limited in time. At the end of the set deadline, The Auctionlab collects all purchase proposals and forwards them to the seller. The seller is free to choose his buyer; it is not necessarily required to select the last bidder or the highest bid. It is important to note that the transfer of ownership of the property is not automatic at the close of the auction. The price may be renegotiated, and neither buyer nor seller is permanently bound by their initial offers until a final agreement is reached. Consequently, The Auctionlab does not guarantee the effective completion of the sale and its role is strictly limited to putting the parties in contact. Potential seller and buyer have the possibility of withdrawing and therefore do not have the certainty that the transaction will be concluded.
The intervention and responsibility of The Auctionlab stop at the transmission of offers to the seller. The platform therefore only plays an electronic auction brokerage role in an unregulated framework.
2.2
While offering the possibility of conducting auctions, The Auctionlab favors traditional online sales as the main mode of transaction. This approach allows for greater flexibility and predictability for sellers and buyers. Sellers on The Auctionlab may choose to use the platform primarily for direct sales, although the option of auctions is also available.
2.3
Although auctions are an available option, MEDIAFISHER does not guarantee the success of this method of sale and will not be held responsible for any possible failures or lack of interest from bidders. The role of MEDIAFISHER / The Auctionlab is to provide a secure and regulated transaction space, but the success of auctions depends on many external factors, such as the attractiveness of the goods offered and the interest of buyers.
Article 3: Registration Conditions and Access Terms
3.1
the access to The Auctionlab is reserved for adults and legal entities with full legal capacity. To use the Service, Users must register by creating a user account, providing a valid email address and setting a password.
3.2
Each user agrees to provide true and up-to-date information when registering and to maintain this accuracy for all future information.
3.4 Transaction Fees and Seller Responsibilities
Although The Auctionlab does not charge commission on sales made via the platform, fees are applied by payment solutions such as Stripe or PayPal, chosen by MEDIAFISHER. The seller, by using the platform, accepts the general conditions of these payment solutions and undertakes to respect their requirements.
3.5
The seller is fully responsible for sales management, product delivery, exchanges and refunds. It must also comply with the legislation applicable to online commerce, in particular offering a 14-day withdrawal possibility to buyers, in accordance with the law.
3.6 Payment alternatives
If desired, the seller has the possibility to deactivate the payment option by The Auctionlab and to directly manage transactions with the buyer by offering their own payment methods. In this case, it is the seller's responsibility to clearly communicate to the buyer that the transaction is taking place directly and is not a typical distance sale.
3.7 Dispute and brand image management
The Auctionlab expects sellers to demonstrate good faith in managing exchanges or refunds in order to preserve the image of the platform. In the event of a dispute, the seller must manage the complaints directly and not involve The Auctionlab in resolution procedures, except as an initial contact facilitator.
3.8 Responsibilities related to payment solutions
MEDIAFISHER is not responsible for the actions or constraints imposed by the payment solutions used. The seller is responsible for managing their account with these services and must contact the payment provider directly if there are any problems.
3.9 Publication of the sellers’ general conditions of sale
The Auctionlab, operated by MEDIAFISHER, offers sellers the possibility of publishing the general conditions of sale specific to their store, business or company directly on the platform. This allows sellers to clarify the specific terms under which they offer their goods and services.
3.10 Responsibility of MEDIAFISHER
MEDIAFISHER is not responsible for the content of the general conditions of sale provided by sellers nor for their absence on the site. It is the sole responsibility of sellers to ensure that their conditions comply with current legislation and that they are correctly displayed on the platform to inform buyers.
3.11 MEDIAFISHER Requirements
The MEDIAFISHER team / The Auctionlab reserves the right to ask sellers to publish their conditions of sale on the platform. In the event of non-compliance or failure to comply with this request, MEDIAFISHER may, after several reminders, temporarily or permanently suspend the seller's account.
Article 4: User Obligations
4.1
Users are responsible for maintaining the confidentiality of their account and password and must notify MEDIAFISHER immediately in the event of unauthorized use of their account or security information.
4.2 Customer interaction management
Sellers, identifiable on the platform, have the freedom to manage their relationships with customers or potential customers as they deem appropriate. They must, however, respect standards of professional conduct and avoid any form of communication that could harm the integrity of The Auctionlab or its members.
4.3 Prohibition of disparagement
Sellers are strictly prohibited from denigrating the platform The Auctionlab or any member of the MEDIAFISHER team, whether during or after using the site. Any behavior deemed harmful to the image of the platform may result in sanctions, including suspension or closure of the account.
4.4 Receipt and management of notices
Sellers agree to receive reviews from verified customers about their store and can choose whether or not to respond to these reviews. All responses must be courteous and professional. MEDIAFISHER / The Auctionlab will not accept any form of insult, racism, or hate speech from sellers or buyers and reserves the right to delete any content deemed inappropriate.
4.5 Blacklist and disciplinary measures
In the event of repeated violation of the terms of these CGUV, MEDIAFISHER / The Auctionlab reserves the right to blacklist violators' accounts or take other disciplinary action, including permanent account termination.
Article 5: Intellectual Property Rights
5.1 Ownership of Content
All content accessible on The Auctionlab, including logos, text, images, videos, graphics, and source code, are the exclusive property of MEDIAFISHER or its licensors, and are protected by national and international copyright laws. author.
5.2 Authorized use
Users are authorized to access the site, browse its pages, create accounts and carry out transactions in accordance with these General Terms and Conditions. Any other use, including reproduction, distribution, modification or republication of the contents, is strictly prohibited without the written permission of MEDIAFISHER.
5.3 Reporting violations
MEDIAFISHER is committed to respecting the intellectual property rights of third parties and encourages users to report any suspected violation of these rights. Any complaints should be addressed to the team of The Auctionlab via the contact form available on the site.
5.4 Ownership of Descriptions and Photos
All product descriptions and cut-out photos on the theauctionlab.com website, produced by The AuctionLab, are the exclusive property of theauctionlab.com site. Any use, reproduction or distribution, partial or complete, of these descriptions and photos on other websites or media without the prior written authorization of theauctionlab.com is strictly prohibited.
In the event of unauthorized use, reproduction or distribution of all or part of the product descriptions and/or clipped photos on other websites or media, theauctionlab.com reserves the right to charge a penalty of 50 euros. Excl. VAT per product sheet concerned. This invoice will be immediately due upon discovery of the violation.
Article 6: Modification and Termination of the Service
6.1 Modifications to the General Terms and Conditions
MEDIAFISHER reserves the right to modify these General Terms and Conditions at any time and without notice. Users will be informed of any changes via notification on the site or by email. By continuing to use the service after the publication of the modifications, users accept the updated T&Cs.
6.2 Termination of the Service
MEDIAFISHER reserves the right to suspend or terminate user access to The Auctionlab in the event of violation of the terms of the T&Cs or inappropriate behavior on the platform.
Article 7: Applicable Law and Dispute Resolution
7.1 Applicable Law
These General Terms and Conditions are governed and interpreted in accordance with French law. Any dispute relating to the interpretation or execution of the CGUV will be subject to the exclusive jurisdiction of the French courts.
7.2 Dispute resolution
In the event of a dispute between users or between a user and MEDIAFISHER, the parties undertake to seek an amicable solution within a reasonable time before resorting to legal action.
Article 8: General Provisions
8.1 Entire Agreement
These General Terms and Conditions constitute the entire agreement between users and MEDIAFISHER concerning the use of The Auctionlab and supersede any prior or contemporaneous agreements between the parties.
8.2 Independence of Clauses
If one of the provisions of these General Terms and Conditions is found to be invalid or inapplicable, this will not affect the validity or applicability of the other provisions.
8.3 Non-waiver
The fact that MEDIAFISHER does not exercise a right or does not act in the event of a violation of these T&Cs by a user does not constitute a waiver of this right or of any subsequent action in the event of a similar violation.
8.4 Contact
For any questions regarding these General Terms and Conditions, please contact MEDIAFISHER via the contact details provided on the site.
Article 9: Availability of Service and Maintenance
MEDIAFISHER strives to ensure access and proper functioning of the platform The Auctionlab 24/24. However, temporary interruptions may occur due to maintenance, improvements, technical failures or any other event beyond the control of MEDIAFISHER (including force majeure).
MEDIAFISHER cannot be held responsible for:
- Interruptions, unavailability or temporary malfunctions of the site, services or functionalities, whatever their origin (scheduled maintenance, unforeseen breakdown, or other).
- Any loss of data, loss of profits, commercial harm or other damage resulting from the temporary or permanent interruption of the service.
- The direct or indirect consequences of the impossibility for the user, seller or buyer, to access the site or certain functionalities at a given time.
Users acknowledge and accept that MEDIAFISHER reserves the right to temporarily suspend access to the platform to carry out scheduled maintenance operations without notice.
Under no circumstances may sellers or buyers hold MEDIAFISHER liable for these temporary interruptions of service or for any damage resulting therefrom.
Article 10: Modification and Termination of the Service
10.1 Changes to the T&Cs
MEDIAFISHER reserves the right to modify these General Terms and Conditions at any time and without notice. Users will be informed of any changes via notification on the site or by email. By continuing to use the service after the publication of the modifications, users accept the updated T&Cs.
10.2 Termination of Service
MEDIAFISHER reserves the right to suspend or terminate user access to The Auctionlab in the event of violation of the terms of the T&Cs or inappropriate behavior on the platform.
