Last modified on December 12, 2019
Please read carefully.
Throughout this document, we might use certain words or phrases, and it is important that you understand the meaning of them. The following is a non-exhaustive list of definitions of words and phrases found in this document:
“DeLouvois” refers to our company, registered with Registry of Commerce and Companies of Versailles (France) under the number 824-939-490.
Our Site; our Service; or a combination of all or some of the preceding definitions, depending on the context in which the term is used;
“Buyer” refers to a person buying goods or services from a Seller in our Marketplace;
“Marketplace” refers to the portion of our Site wherein Vendors may list their goods or services for Buyers to purchase;
“Vendor” or “Seller” refers to an individual or a business who uses our marketplace to sell their goods or services to a Buyer;
“Service” refers to the services that we provide through our Site, including our Marketplace and our partners payment processors ;
“Site” refers to our website, www.DeLouvois.com;
“User” refers to Buyers, Vendors (also referred as Sellers) and anyone else who visits our Site;
“You” refers to you, the person who is entering into this Agreement with DeLouvois.
3. What DeLouvois Does
Through our Site, we offer provide Marketplace that brings together Buyers and Sellers of prestigious items and assets, such as but not limited to ; art, collectibles, luxury goods.
DeLouvois is a virtual marketplace registered with Registry of Commerce and Companies of Versailles (France) under the number 824-939-490. Our offices are located at 1 Impasse des Ecuries, Versailles.
On www.DeLouvois.com (hereinafter referred to as the ‘Website, or the “Marketplace”), that allows buyers (hereinafter referred to as ‘Buyers’ or ‘You’), after registration, to enter into, through its intermediary, a relationship with professional Vendors, also registered on the Website (hereinafter referred to as ‘Vendors’ or “Sellers” ) in order to buy items such as but not limited to arts, collectibles and luxury goods (hereinafter referred to as the “items”) hereinafter referred to as the ‘Service’.
Transactions are conducted using different payment options including ; cryptocurrencies such as Bitcoin, using our partner and payment processor Coinpayments.net with DeLouvois taking a percentage transaction fee or listing fee.
Sellers are able to submit items to us by contacting us at [email protected], and Buyers are able to submit interest in an item, or directly purchase it through Coinpayments.net using our checkout system.
DeLouvois acts as the intermediary to keep the transaction confidential and easy until the final terms are agreed upon by the parties.
We also offer an optional escrow service where the payment for the item will be held by our payment processor ( Coinpayments ) until both parties agree that the transaction has been completed with success.
To use the Service, the Buyer and the Sellers must accept and agree to comply with these Terms and Conditions (hereinafter referred to as Terms) without restriction or reservation.
Sales made through the Service between Buyers and Vendors are governed by the by the General Terms and Conditions (hereinafter “Terms”), which must also be accepted by the Buyers and the Sellers during each purchase.
4. Description of the Service
The Service consists of a set of tools which will be refeered as “Website, Marketplace, Service” created in order to help Buyers and Sellers to register on the Website, to contact Vendors in order to buy items, to pay the price of the Products and to confirm receipt of the Products.
Transactions via the Service for the purposes of buying Products are made directly between the Buyer and the Vendors. DeLouvois is by no means a reseller of Products offered by the Vendors through the Service. Thus, the Products purchased via the Service cannot be returned to or exchanged by DeLouvois.
DeLouvois only acts as an intermediary between Buyers and Sellers for sale negotiation, escrow through our payment processors and other purposes.
You agree that DeLouvois shall not be named in any legal matter as a plaintiff, defendant, or any other party than a witness, which arises from any dispute with another User.
Moreover, in the case of a breach of these Terms, DeLouvois reserves the right to temporarily or even permanently suspend the access to the Service for the Buyer sand Sellers concerned.
Each Buyers and Sellers agrees to conclude purchases and sales in all good faith.
5. Access to the Service
To use the Service, you need to use the username and password you created when opening your account. You agree to keep this information stricly secret and confidential and not to give it to any third party. You will be solely responsible for the access to the Service via your username and password, unless there is evidence of fraudulent use for which You would not be accountable.
In case of loss, misuse, or unauthorized use of your username and/or password, You agree to immediately notify DeLouvois by contacting us at [email protected]
In order to use our Service, you must meet a number of conditions, including but not limited to:
DeLouvois users must not be in violation of any embargoes, export controls, or other laws of the United States and Europe or other countries having jurisdiction over this Agreement.
You must be the minimum age required to enter into a contract in the area in which you reside, and, in any event, must not be less than 18 years of age.
You must not have more than one account with DeLouvois unless we authorize you to do so.
You must provide us with personal information, payment information, and other information that we judge necessary to include you in our marketplace and provide you with our Service.
You must properly report all income and contracts as required to the Internal Revenue Service and any other governmental entity (such as a state revenue department) that may require it. You recognize and acknowledge that DeLouvois is not required to conduct your recordkeeping for you or to report any income information to the tax authorities.
7. Rules of Use for our Service
When using our service, the following Rules of Use shall apply in addition to the preliminary eligibility criteria mentioned above.
You must not:
Violate the laws of the European Union, its member countries, the United States, its states, or any foreign political entity having jurisdiction over this Agreement, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country.
If selling items, send anything that would violate the laws of any jurisdiction to which the goods are subject even if it does not violate your jurisdiction.
If listing an item for sale on DeLouvois, you agree to pay DeLouvois fees upon the final consummation of a sale, and to assume full responsibility for the content of the listing and item offered.
Post or send anything threatening, antisemitic, racist, pornographic, hateful, or otherwise objectionable according to the opinion of DeLouvois or its delegates.
Post requests for information about items which you have no intention of actually purchasing.
Infringe on anyone’s intellectual property rights, defame anyone, harass anyone, impersonate anyone including companies and individuals, or otherwise violate the rights of a third party.
Send anything through messaging system, email or instant messaging accounts that you are not entitled by those services to send.
Be negligent or fraudulent in your representations to any other party.
Crack, phish, hack, SQL inject, or otherwise compromise the security or integrity of the DeLouvois Site, Marketplace Service, or its Users’ computers.
Do anything else which, at DeLouvois sole discretion, could bring DeLouvois into disrepute or disfavor.
9. Cost of the Service
For buyers The opening of an account and use of the Service are free without obligation to purchase on the Website (excluding any connection costs, the price of which depends on your internet access provider )
Only the purchase of Products from Vendors is to be paid for.
However, DeLouvois reserves the right to charge a fee for all or some of its services. The fees and their terms shall be displayed on our Site and are hereby incorporated into this Agreement by reference.
We may charge fees for listing items, transaction fees at the close of a sale, and fees for our escrow service.
We also offer 4 types of memberships that are free of costs, but will require you to send a specific amount of digital currency in order to verify ownership of a digital currency address or account meeting the specified requirements for each type of memberships.
These amounts are non refundable, you understand and accept that we reserve the right to decline or suspend membership applications or activated accounts at our sole discretion.
Payments may be made in Digital Currencies, Crypto-Currencies such as but not limited to Bitcoin, Litecoin, USD Tether, USD Coin and Monero through our Partners and payment processors.
DeLouvois may, but is not obligated to, permit the use of currencies such as the United States dollar or Euros to be used for finalizing transactions.
If Users elect to use our optional escrow service provided by our payment processor, funds will not be released to the Seller until both parties agree that each party has performed its obligations. If the parties do not indicate that the obligations have been met within seven days of the funding of the escrow, the funds will be returned to the Buyer.
Shipping will be the responsibility of the Seller. All other terms of sale, unless otherwise stated by this Agreement, any applicable law, or any other rules established by DeLouvois from time to time, shall be determined between the counterparties to the relevant transaction.
10. Intellectual property
All texts, comments, works, illustrations, Artworks, and images reproduced or depicted on the Site are strictly reserved under copyright as well as intellectual property rights, for the entire duration of protection of these rights and throughout the world.
Any representation, modification, reproduction or even adaptation as a whole or in part of the Website and/or all or part of the elements that happens to be on the Website or that are integrated within the website is prohibited.
Buyers and Sellers agree to make every effort to notify DeLouvois of any infringement of intellectual property and copyrights that they might notice while using our service.
As an User, you grant us a non-exclusive license to replicate, modify and display any content made available by you or on your behalf in connection with your use of our service, both on our website and social media.
11. Responsibility and guarantees
Use of our Website implicates that the Buyer or the Seller knows and accepts the characteristics, nature and limits of the internet network the risks inherent to any connection and transmission over the internet.
Consequently, in the absence of any mistake or failure on its part, DeLouvois cannot be held responsible for any damage that might occur to a Buyer or a Seller, including but not limited to any:
– transmission and/or receipt of any data and/or information over the internet;
– operating losses, loss of information, resulting from any malfunctions, breakdowns, delays or interruptions of access to the internet;
-consequences of any virus, computer technical mistake, glitch, bug, anomaly, technical defect of any kind.
-defect in any reception equipment or lines of communication;
-any technical fault or obvious error (including material, hardware, technical,software, price display, price parity, price rates in different fiat currencies or digital currencies including but not limited to bitcoin, litecoin, dogecoin, any errors of translation, etc., of any nature, having prevented or limited the ability to use the Website or having misled a user connected to the Website;
-email loss of any kind, more generally, any kind of loss of any data;
-any damage caused to the hardware ; including , mobile phone, tablet, etc. that belongs to a user who connects to the Website;
-any technical, material or software defects of any nature, that may have prevented or limited the ability to use the Website or may have damaged the system of any user who connects to the Website;
— Indirect Damage
All users of the internet are required to take all appropriate measures in order to: (i)protect their own data and/or software stored on computer equipment that is connected to the Website, against any damage (ii) be capable of assessing that they may be in the presence of a manifest error in relation to the information displayed on the Website (by sending an email via the contact form) so that DeLouvois can make all verifications, and if necessary, erroneous information can be corrected.
The responsibility of DeLouvois towards the Buyers and the Sellers cannot be engaged except where the facts are exclusively attributable to him/her and where he/she would suffer prejudice directly related to those facts. DeLouvois cannot be held responsible for indirect loss or damage or any incorrect use of the Service by the Buyer or the Sellers for any fault on his/her part. Neither shall DeLouvois be held responsible for any loss or damages attributable to a third party to the Service.
By using the Website, the Buyers and the Sellers declares that he/she are fully informed of the characteristics and restrictions of the internet, that he/she alone are responsible for the information supplied in the context of his/her accounts on the Website and for his/her relations with other users of the Service.
Conforming with articles 6-I, 2 and 3 of the law n° 2004-575 of 21st June 2004 on trust in the digital economy, DeLouvois shall not be held responsible for any content that might be made available on the Website by Buyers or Vendors, in particular in relation to product descriptions, except where it has failed to remove such content promptly following reports of their illegality under the conditions set out by the law n° 2004-575 of 21st June 2004.
DeLouvois declines all responsibility in relation to sales concluded by the intermediary of its Service with Vendors and Buyers, of which it has no knowledge. Complaint in relation to comments appearing in Product descriptions or delivery of Items will have to be addressed to the designated Seller, who is fully,solely and uniquely responsible in this respect.
The Buyers and the Sellers are solely responsible for his/her usage of the Service.
The Buyer and the Sellers both agrees, upon a first request including in the event of an inconclusive or unsetteled court decision, to indemnify and compensate DeLouvois for any , loss, dammage, loss of earnings, liability, complaint and costs including legal fees and costs that DeLouvois may incur if its responsibility should be called into question by a third party, due to a claim or action linked to such use of the Service by the Buyer or the Seller.
Buyers are informed that DeLouvois may communicate any information about them, including personal information, to the relevant authorities responsible for the repression of fraud and crime.
Finally, use of our marketplace implicates that the Buyer or the Seller knows and accepts the characteristics, nature and limits of the blockchain networks and digital currency related technologies, the risks inherent to digital currency volatility.
DeLouvois declines all responsibility in relation to the loss of exchange value of any digital currency used to conduct sales and purchases on our marktplace, including during a transaction between a Buyer and a Seller.
The Buyers and the Sellers are solely responsible for his/her usage of the Service.
12. Anti-Money Laundering
DeLouvois is not a money transmitter business or a bank. Payments made through our website are remitted immediately (unless held in escrow through our payment processor Coinpayments) rather than stored in anything that resembles an account. Please note that any funds held in escrow are not a deposit.
We request our users to communicate any informations regarding potential money laudering schemes to the relevant autorities responsible for the repression of fraud, crime and money laundering.
13. Users Copyright
DeLouvois must be assured that it has the right to use the content that is posted to its Site by its Users ( Buyers and Sellers ) Such content may include, but is not limited to, image,s text descriptions, usernames, photographs, videos, text, audio, and other materials, when submitting any kind of content to our website, you agree that you are granting us the right to use it in any way that we judge necessary in order to fulfill the purpose of our marketplace : connect buyers and sellers of fine arts and collectibles.
You warrant to us that you have the right to grant us this right over the content, and that you will indemnify us for any loss resulting from a breach of this warranty and defend us against claims regarding the same.
“DeLouvois” is used to identify our Marketplace, Website, Service, and business. You agree that you shall not use this phrase, not to use our trade dress, or copy the look and feel of our website or its design, anywhere without our prior written consent.
You recognize and agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions stated in this paragraph.
15. Revocation of Consent
We may revoke our consent for your use of any of our intellectual property, or any other permission granted to you under our Terms of Service and this Agreement, at any time. You agree that if we so request, you must and will take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.
16. Copyright & Trademark Infringement
If you believe that your copyright has been infringed on our website, please send us a message containing :
The name of the party whose copyright has been infringed, if different from your name.
The name and description of the work that is being infringed.
The location on our website of the infringing copy.
A written statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
A sworn statement that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to us at:
1 Impasse des Ecuries
78000, Versailles France.
Or write us a digitally signed email at [email protected]
17. Tax Reporting Obligations
Every purchases or sales made through DeLouvois might be subject to capital gains and/or income tax and/or any other applicable tax anywhere in the world.
Wether you choose to transact in digital currencies, cryptocurrencies (including but not limited to Bitcoin ) or classic payment options (including but not limited to credit cards, bank transfer etc. )You agree that you will pay all taxes on your transactions through DeLouvois as required by law.
18. Referrals and Affiliates Program
DeLouvois might, but is not obligated to, provide remuneration for referrals and affiliates programs by Users of other Users to DeLouvois Services, or for any other reason. DeLouvois may refuse to provide such advantages ( discounts, compensations) for any reason including, but not limited to, obviousraud, mistake on the part of our publication of information, mistake on the part ouf our translation, actual or expected financial difficulties, sale of all or part of our business, or any other reason.
Discounts and compensations for referrals and affiliates or other financial benefits given in reward for referring Users to us or our partners and vendors may be considered a taxable benefit by any revenue and income agencies having jurisdiction over you, and you should always consult an accountant and/or tax lawyer in your jurisdiction to determine your tax liabilities and duties incurred as a effect of participating in our referral or affiliates program.
19. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, market crashes, digital currency market crashes, shortage of materials, or any other event beyond our control.
Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
DeLouvois reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law.
21 . Representation and Warranties
We make no representations or warranties as to the merchantability of our service or fitness for any particular purpose. you agree that you are releasing us from any liability that we may otherwise have to you in relation to or arising from this agreement or our services, for reasons including, but not limited to, failure of our service, negligence, or any other tort. to the extent that applicable law restricts this release of liability, you agree that we are only liable to you for the minimum amount of damages that the law restricts our liability to, if such a minimum exists.
We are not responsible for any failure of a buyer to make the appropriate payment to you if you are a seller, or of a seller to render the required goods or services to you if you are a buyer.
You agree that we are not responsible in any way for damages caused by third parties who may use our services, including but not limited to people who commit intellectual property infringement, defamation, tortious interference with economic relations, or any other actionable conduct towards you.
We shall not be held responsible for any information provided by third parties on our site. prices set by sellers quoted in euro or united states dollars are periodically translated into a corresponding cryptocurrency, digital currency ( such as but not limited to bitcoin ) price using a third party plug-in. Therefore, we are not responsible for inaccuracies or pricing delays due to the third party data feed.
The final sale price will be the one determined by our payment processors partners such as Coinpayments at the time the invoice is proposed to the final buyer, otherwise the final sale price must be agreed upon by both buyer and seller of the item.
In addition, you agree and understand that, as a Buyer, any amount of digital currency such as Bitcoin, Litecoin, USD Tether or Monero sent through our payment processor Coinpayments may be converted to, USD Coin (USDC) a stable digital currency fully backed by the US dollar and developed by the CENTRE consortium.
The cost of these conversions is 1.5% of the final sum is to be paid by the Buyer.
As a seller, you agree to accept USDC as a payment method and settlement mechanism.
As Buyers and Sellers, you understand and agree that any eventual refunds will be made using USDC.
We are only working with renowned professionals with years of experience in their domains, however please understand that we shall not be held responsible for any fake, forged, insufficent or inadequates items or services. Buyers who use our marketplace are agreeing to be subject to the doctrine of caveat emptor, meaning “let the buyer beware” therefore it is the buyer’s own responsibility to determine and assess the value of an item prior to agreeing to place a final order for it and buy it.
Also, we are not liable for any failure or defect of the items, goods or services of our website, marketplace and company, including untimely delivery, scheduled or inscheduled, disruptions or failures, intentional or unintentional on our website which prevent access to our website temporarily or permanently.
the provision of our service to you is contingent on your agreement with this and all other sections of this agreement. nothing in the provisions of this “representations & warranties” section shall be construed to limit the generality of the first paragraph of this section.
For jurisdictions that do not allow us to limit our liability: notwithstanding any provision of these terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
If you are a resident of a jurisdiction that requires a specific statement regarding release then the following applies. for example, california residents must, as a condition of this agreement, waive the applicability of california civil code section 1542, which states, “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” you hereby waive this section of the california civil code. you hereby waive any similar provision in law, regulation, or code that has the same intent or effect as the aforementioned release.
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our website or acceptance of the offers contained on it.
You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases.
23. Partial nullity
If one or more provisions of these Terms are held to be invalid or declared as such under any law, regulation, or final decision of a competent court, other provisions shall remain in full force and scope.
24. Termination & Cancellation
Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case you agree that we are not required to provide any refund or other compensation whatsoever.
We may terminate your account or access as well as access to our Site and Service to you at our discretion without explanation, though we will strive to provide a timely explanation in most cases.
Under no circumstances, including termination or cancellation of our Service to you, will we be liable for any losses related to actions of other Users.
25. Duration and validity
The Buyer and the Sellers are subject to these Terms of Service as soon as he/she registers on the Website and until its account is deleted, whether or not he/she carries out any transactions on the Website. DeLouvois reserves the right to modify these Buyer Terms at any moment.
The modified Terms of Service will be displayed online on the Website. The Buyers and the Sellers will be notified of any modifications by the sending of an email by DeLouvois to the email address provided by the Buyer when registering for the Service or by notification through our platform.
The Terms of service applicable are those in force at the time of use of the services of the Website by the Buyers and the Sellers
26. Assignment of Rights
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
27. Applicable law
This Agreement shall be subject to French Law.
Any dispute concerning their interpretation and/or execution shall be relieved by the French courts.
The offer and acceptance of this contract are deemed to have occurred in France. Users who are counterparties to a transaction made through DeLouvois may determine between themselves which law shall apply to their legal relations with each other, but not with DeLouvois.