Conditions
Article 1 - Purpose
These general conditions of sale define the rules that will Collectoys authority between the LLC and the potential acquirer for all transactions within the site www.collectoys.fr.
Article 2 - Role and rights www.collectoys.fr and its partners:
It is expressly understood that all items sold on this site are through Collectoys.
Each lot offered for sale on the site www.collectoys.fr is appraised by the LLC Collectoys.
The status of each room, and the comments are for information purposes only, without the responsibility of Collectoys can be held liable for any errors or omissions concerning consignments presented. Collectoys's obligations are limited to organize the sale of lots and to present them on its website.
Collectoys SARL reserves the right to intervene on its website www.collectoys.fr at any time for non-exhaustive reasons described below:
- Content Control: Collectoys has the ability to control the activities and content related to its own site. (www.collectoys.fr reserves the right to filter or edit any content on the site)
- Change: Collectoys can edit the description of a lot as the sale has not been confirmed (The sale is confirmed commercial act by which the awarded property was handed over to the buyer once the latter. previously made in full and the principal payment with its associated costs). In such a case, Collectoys will have no liability to the potential purchaser or a third party.
- Cancellation: Collectoys may cancel the sale of a lot when it has real legal reasons, technical or economical to do so (including Internet-related operating difficulties).
- Interruption: Collectoys reserves the right to discontinue any auction during the event, removing or review any lot.
- Removing a lot: Collectoys reserves the right to withdraw any lot at any time until the sale has not been confirmed.
- Offence Collectoys reserves the right to suspend or terminate any access to a potential buyer who is, or appears to be, in breach of a provision of these terms and conditions or uses the site www.collectoys.fr abusively.
- Fraud: If a person believes that a batch offered for sale on the site www.collectoys.fr is in violation of legitimate rights of another person or it was stolen, it must immediately inform Collectoys at Contact @ collectoys.fr.
Collectoys reserves the right to report the event to the police, Interpol or any other competent authority.
- Electronic messages Control: Collectoys reserves the right to monitor e-mail messages sent by the server www.collectoys.fr.
Collectoys is entitled to verify the identity and the creditworthiness of a potential buyer and to verify the veracity of information provided by the potential acquirer, including the ownership of bank cards used.
When using a credit card without law, insolvency or in the event that the potential acquirer has given false information about his identity, capacity, solvency and / or its means of payment, Collectoys is entitled to block the account, remove and freeze the bid made by such purchaser and reserves the right to pursue such purchaser for any legal means.
If the buyer does not fulfill the terms of the payment procedure on the website www.collectoys.fr (Article 5 of our terms of sales), notwithstanding the remedies available, in accordance with law, has the right Collectoys
- To charge the credit card of the purchaser
- To cancel the sale and retain as damages all payments made by the purchaser,
- Resell the lot in the context of a next auction and hold the purchaser liable for any shortfall resulting from including the costs of the sales organization, transport costs, commissions, interest at the highest rate allowed by law, costs and any other costs of the new sale.
The secure payment system on the Internet, on the proposed www.collectoys.fr site is provided by the BNP PARIBAS provider.
Collectoys and BNP Paribas are the techniques of each auctions providers organized on the site www.collectoys.fr the responsibility and authority of the person authorized to direct sales, under the French legislation on the auctions .
Collectoys reserves the right to amend or alter at any time the terms and conditions by including these amendments or changes to the information page available on its website.
These changes and amendments include, without limitation, changes related to various regulations, including tax.
Amendments and modifications will be effective as soon as they are published on the site.
These amendments and changes will not affect the sales of batches concluded before publication on the website.
Www.collectoys.fr that does not require the strict application of any provision of these terms and conditions, shall under no circumstances be regarded as a waiver of its rights under that clause and all Other contractual provisions remain in effect.
In case of violation of these terms of sale, including Collectoys may issue warnings, exclude a potential acquirer of bad faith, withdraw a bid made in bad faith, suspend or cancel a sale, block access to the site or withdraw lots of the site.
Article 3 - Guarantees and Responsibilities:
Collectoys is not the owner of the lots auctioned on its site.
The expertise of the lots is by Collectoys without its liability be sought as to the origin, the market value, authenticity, fitness for the desired destination by the purchaser and intellectual property rights are related.
It is recalled that the dimensions, information, and lots of the estimates are provided for information only. He will be allowed no claim once pronounced the award.
Each lot being represented by a color photograph, the latter shall prevail in case of dispute over a visible element on this support. In no event shall the responsibility of Collectoys will be sought in case of error or omission on the appointment of a lot, the buyer always has the option to contact www.collectoys.fr for any inquiries or Additional information before the actual purchase.
Collectoys shall have no liability to the purchaser or a third party in case of withdrawal of a lot or in case of cancellation of a sale.
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Collectoys does not guarantee the purchaser against obvious defects of which he is entitled under the terms of Article 2.
In the case of a written purchase order, telephone or www.collectoys.fr, Collectoys will in no be held responsible for any misinterpretation of the amount of a limit, a batch number, the correspondence between the designation of a lot and number or a mistake in selecting a lot. It is therefore strongly recommended to bring the utmost care in drafting an order.
Collectoys gives any purchaser lot that has been awarded when it uses one of the transport solutions advocated in article 6 of our terms of sales.
Collectoys can not be held responsible in case of exercise of a possible right of first refusal on the part of any public authority.
Responsibility for Collectoys or one of its subsidiaries can not be held due to have canceled a sale, have removed a lot of the sale, for interrupting the auction, have modified the contents of site, for refusing to process a transaction or for interrupting a transaction before it is finalized or in cases of fraud or violations.
Collectoys apply all the rules in place to protect the confidentiality of personal data of any user of the site www.collectoys.fr. Collectoys considers data as assets that must be protected to prevent loss and unauthorized access. Collectoys put in place all safety measures to prevent internal and external users to access the company without authorization. However, the perfect security does not exist on the Internet.
Collectoys reserves the right to make changes to this document based on the evolution of the legislation.
Collectoys is not responsible for any act undertaken on the site using the password and the username of the potential acquirer. Consequently, Collectoys recommends not communicate to third parties access codes. Otherwise, the potential buyer is fully liable.
Communication between the buyer and Collectoys via www.collectoys.fr being conducted through the Internet, the responsibility of Collectoys shall in no case be sought as a result of any error or any lack of data transmission performed via said network and in particular in case of failure of the central server
Collectoys does not warrant that the operation of www.collectoys.fr will be uninterrupted, error free or secure.
Collectoys can not be held responsible for any breach of its obligations under these Conditions of sales due with facts beyond its control and / or resulting from a case of force majeure. The force majeure will include, in addition to the cases recognized by jurisprudence, all natural disasters, acts of war, breaches of public order, epidemics, fires, floods and other disasters, all governmental acts, all strikes, lock- out, and all external electrical and technical problems preventing portions communications.
In the event that any term of the Terms of Use is considered illegal, ineffective or unenforceable by a court, the remaining provisions of the Terms remain in force, provided that the general scheme of the contract do not be upset.
Article 4 - Purchase Procedures:
Only the Bidder (Potential Purchaser who wishes to bid and acquire lots) who completed the registration form Collectoys club and is authenticated member may participate in the proposed auctions www.collectoys.fr on the site.
The bidder expressly recognizes that bid does not guarantee that the event will realize the sale.
The auction system (traditional, "one line" or "live one") takes place as follows:
- Collectoys determines the starting price for the sale of each lot.
- If a reserve price (starting sale price set by the seller exceptionally) was set by the seller under a lot concerned, this reserve price will represent the starting price.
- The Bidder places a bid that is irrevocable and which is considered winning until a higher bid (bidding higher value) is located on the same lot by another potential buyer. The bidder who offered the highest bid becomes successful bidder back if the provisions relating to the delivery and payment are met.
- The sales offer appears in the description of the consignment and includes among others:
* For online auctions:
The starting price and the amount of the highest bid at the time of consultation.
The minimum bid to offer
The no bidding to respect
The deadlines for the auction
* For sales to traditional auctions in Bourges and auto sales:
The starting price
The maximum order to offer
The no bidding to respect
The deadlines for the auction
The Bidder may well place their bids online by clicking the appropriate button on the description of the selected batch or directly online with the use of the machine Bidding. (Exclusive live auction system on the Internet). With this process, you can participate in real time to Collectoys auctions as if you were in the room. The lots will scroll one after the other on your screen after each auction. WARNING ! You must first be registered and authenticated on the website www.collectoys.fr to bid during the sale! Also, if you have worn written or telephone orders on some lots of the sale, make sure you do not bid on your own.
The bidder who places a much higher bid no next auction, the auction will successively increase of no more than after each new bid offered by other potential buyers, and this up to the limit of its original amount.
Once this amount exceeded by a new escalation issued by a third person, the system will resume normal rhythm auction.
In the case of several auction an equal amount is recorded at the auction the oldest date to be priority.
Any entry bid the amount will not be offered automatically by the site www.collectoys.fr will not be taken into account by the system.
The incremented No auction is set automatically during system activation.
The end of the line is selling is mentioned on the site by a time counter that shows the remaining time.
For traditional and auto sales, breaks and the end of the sale are reported by e-mail.
The stop time fixed for the sale automatically generates an inability to set a new auction once exceeded schedule. It is therefore preferable to transmit its maximum before the auction deadline.
The total allotment is the amount of the winning bid, plus legal costs representing 22.8% ttc price of the auction. A commission of 3% on the hammer price (plus VAT at the rate in effect at the time of the transaction) plus legal fees will be required at the site Invaluable bidder.
The sale is definitively concluded between the purchaser and www.collectoys.fr when the total sale price has been paid in full.
Article 5 - Payment Procedures:
Each sale is made in Euros, single currency accepted by Collectoys.
Collectoys accepts all payment methods.
Collectoys must be informed by the contractor of its payment method within 48 hours. Failing receipt of payment by check or bank transfer within one week of the sale, the amount of purchases and / or shipping will be automatically charged to the credit card of the purchaser. In this case, a commission of 2.64% + € 0.96 incl VAT will be levied in addition to the total purchases. The Purchaser is aware of this procedure and accepts the principle.
The auctions of legislation requires a cash payment. Collectoys authorizes the Regulation at the latest within one week of the sale. Otherwise, Collectoys reserves the right to charge the credit card of the purchaser to the same pre-cited conditions.
The payment will not be considered paid in full as Collectoys has not received the full amount due by the purchaser.
If payment of the amount of the tender and fresh, a notice will be sent to the purchaser by registered letter with acknowledgment of receipt.
On expiry of the period of one month after that formal notice and in default of payment of the amount due, the fees of the purchaser and to support recovery charge additional fees equal to 10% auction price, with a minimum of € 250.
The application of this clause does not preclude the allocation of damages and the costs of the proceedings would be required, and does not prejudice the eventual implementation of the bidder procedures.
The computer system Collectoys allows the contractor to pay directly online by credit card:
- The amount of purchases plus a commission of 2.64% + VAT € 0.96 incl fixed costs.
- The amount of shipping charges.
- The purchase of catalogs
The buyer is aware of this procedure and accepts the principle.
MERCANET this automatic payment system is secured by BNP PARIBAS.
The purchaser agrees to receive invoices in electronic format only. To receive a hard copy must be requested from Collectoys (àcontact@collectoys.fr By email, fax, letter or telephone). The invoice will then be sent by post to the address specified by the successful tenderer.
Buyer or seller, legal person (company) or physical (individual), are liable for all taxes and fees resulting from the use of www.collectoys.fr and having notice of the proceedings accept the principle.
Article 6 - Shipping & Delivery Terms:
Once the hammer falls, prizes are the sole responsibility of the purchaser.
The delivery of the lots takes place as soon as the successful tenderer has paid in full the total amount of his tender and any shipping fees.
Collectoys offers several delivery options:
- The acquirer comes recover lots in the premises of Collectoys (according to Article 7 of our CGV). To this end, the purchaser should contact Collectoys to schedule an appointment.
A package packaging may be charged where applicable. The purchaser may delegate to a third party recovery of his lots. This signed delegation must be confirmed in writing.
- Collectoys is responsible for shipping the lots (delivery address stated previously by the acquirer). Shipping charges include supplies and packaging labor charged on a sliding fee payable in advance (price excluding tax all by model or not detailed): the first 5: € 3.65 - from 6th to 20th: € 3.15 - 21st to 50th: € 2.65 - above 50th: 2,10 € + transport costs + insurance (0.9% of the total amount allotted lot shipped) . If the contractor refuses to purchase insurance, Collectoys has the obligation to request the discharge responsible for any accident in case of loss, theft, damage of the parcel.
To reduce transport costs and to benefit from the sliding scale packaging, Collectoys offers the possibility to combine those purchases for shipment (maximum 3 sales).
If shipping outside the European Community, customs fees will be paid by the purchaser to the forwarder or transport company on receipt of delivery.
REMEMBER: It is essential to indicate on the delivery note any anomaly (damaged packaging, missing parcels, open parcels ...) Without this reference, no claim will be considered by our insurance in case of damage or breakage of the package Objects.
However, if the contractor demands a precise estimate, the Collectoys notify within 7 business days of the total shipping. No later than 2 business days after receipt of the quote, the buyer must inform www.collectoys.fr by fax or e-mail of acceptance or refusal for that estimate. If accepted by the purchaser, the shipment will www.collectoys.fr once paid the amount of quote. In case of refusal of the quote by the purchaser or if the purchaser does not want immediate delivery, it will select another one of the solutions proposed by Collectoys.
The shipping time is 2 to 4 weeks of receipt of payment. Upon assumption by the carrier, the beneficiary (the) package is fully responsible for the delivery and will be personally responsible for any litigation due to transportation. In no event Collectoys can not be held responsible for any damage to the delivered parts.
- The buyer chooses their own carrier. In that case, the purchaser must provide www.collectoys.fr all the necessary information so that said carrier can conduct the removal and must pay in advance the costs of packaging said lot with Collectoys.
Without specific instructions in writing of the Contractor 48 hours after the sale, Collectoys will handle shipping of purchases in France, Europe and abroad.
The transfer of ownership and risks comes as Collectoys returns the lot to the purchaser, carrier or a third person.
If, prior to the effective management of the carrier or batch before the batch is guaranteed by insurance, Collectoys was unable to deliver the lot directly or indirectly to a foreign cause its control, including a strike , fire, flood, theft, natural disaster or other force majeure, the purchaser can not claim that one refund of amounts previously received by www.collectoys.fr and relating to the lot in question. To do this, the purchaser www.collectoys.fr contact by phone or email to obtain all the information on the procedure.
REMEMBER: It is essential to indicate on the delivery note 'SUBJECT TO UNPACKING'. Without this statement, no claim will be considered by our insurance in case of damage or breakage of the package objects.
Article 7 - Storage of the lots
For any model that will not be removed within a maximum period of one month from the date of auction, Collectoys reserves the right to charge a storage fee of 5 € ht per day.
Article 8 - Duties and Responsibilities of the purchaser
The potential buyer agrees to read and accept these terms of sales for sales to traditional auctions to be held at the Hotel Frank Hornby in Bourges (France), as well as online auctions that will www.collectoys.fr offered on the site.
Only the major people and have the legal capacity to purchase in respect of laws applicable to them may register for a sale in the www.collectoys.fr site.
To place a bid, the potential buyer must register on the website www.collectoys.fr and complete the membership form at Collectoys club member to be authenticated.
The bidder agrees to provide all accurate, valid and reliable required to process the sale and payment. The potential buyer guarantees that he is authorized to use the credit card when he enters his information www.collectoys.fr site.
By submitting a bid, the Bidder gives express permission to Collectoys, transmit the information requested above, as well as their possible updates or to obtain information about it from a third party, including in particular the details of the bank card number of the potential purchaser to establish the authenticity of his identity and to obtain an initial authorization of the bank for all transactions.
The potential buyer must ensure that it has the necessary and sufficient funds to pay the main price of each auction in which he is a beneficiary, as all charges and other costs of transactions that operates the site www.collectoys .com.
By placing a bid on a lot, the potential buyer agrees irrevocably if its bid is the winning bid, to pay the total sale price of the lot and comply with the general provisions of sale for the sale, payment and delivery of the lots.
In addition, and without prejudice to the rights granted to www.collectoys.fr, in the case of a payment by credit card, the purchaser authorizes Collectoys to debit his bank or postal account of the amounts corresponding to the sale and delivery of lots purchased.
The purchaser agrees that the transactions in accordance with these terms and conditions are the electronically and that these transactions are not rendered ineffective by reason of their electronic signature or their electronic record.
Collectoys and the buyer is committed to the highest legal and ethical business rules and practices
The buyer is personally responsible for all possible approaches concerning the respect of legal procedures related to the sale of artworks, including on their import and export.
The purchaser shall comply with all the rules in force in the country of destination of the batches, transporting his goods always be a supply of himself to himself. The buyer is liable for the payment of any duties and taxes payable under French law and in particular VAT and customs duties, if any.
If the buyer picks the lot on the premises of Collectoys, transfer of ownership and risk occurs upon delivery of the lots to the buyer.
If the buyer returns the lot to Collectoys under the conditions referred to in Article 6 of our general conditions of sale, the transfer of ownership and risks takes place of delivery of the consignment by the carrier to Collectoys.
If the buyer receives a lot in a package appears damaged upon arrival, it must open the package in the presence of the deliveryman and to see the damage. If necessary, the purchaser must state in writing the designation of the damaged property and the value so that the insurer of the carrier to observe the disaster.
If the driver refuses to attend the opening of the damaged parcel, the acquirer shall disclose that fact on the delivery note and indicate that a reservation is issued unpacking. In case of disaster, he should contact the carrier to be compensated by his insurance company.
Article 9 - Obligations of the seller:
The seller requires Collectoys organize and conduct the public auction of the objects which he declares to be the owner free.
This request is validated by the signing of a sales requisition which the seller agrees to the terms and conditions.
Collectoys is responsible for the expertise of entrusted objects, writing the catalog and the preparation of the sale. Collectoys address, by mail before each sale, a detailed inventory of parts that will be presented. The seller Collectoys leaves the task of composing object packages in its best interests.
Depending on the schedule of upcoming sales and specificity of assigned objects, the seller authorizes Collectoys to present his pieces through traditional sales to the hotel Frank Hornby in Bourges and / or on its website www.collectoys.fr .
In case of dispute on the state or authenticity of objects, the seller authorizes Collectoys to cancel the tender pronounced if the claim is based. The amount of fees and expenses related to the sale will be deducted from the total amount of auctions of the seller. If unsold (s), or the items will be relisted Collectoys except by request restitution from the seller within eight days of the unsuccessful sale. In this case and the lack of movement on his part the corresponding parts will be returned to him with packing and shipping at his expense. A failure to recover the unsold in the next month, all the parts will be shipped to the seller after shipping paid without that it can turn against Collectoys for any reason whatsoever.
If the seller sets the reserve price, on all or part of lots assigned to the sale, all the costs mentioned above borne by the seller, will be charged on the base reserve price for each lot n 'having no takers, the amount set by the seller. According to the article
L 321-11 of the Commercial Code, a reserve price may in no case exceed the low estimate of the lot. Collectoys the seller guarantees that the amount of the award of a lot will in no case less than the amount of the reserve price which corresponds to about 50% of the estimate.
The objects that have not been sold at a price, will be withdrawn from sale in mere mention in the minutes 'withdrawn for lack of auction'.
The vendor says that the coins entrusted to Collectoys owned freehold, are free from seizure, while pledge, mortgage or other impediment.
Any request for recovery of a lot before its sale must be ridge by registered letter with acknowledgment of receipt. If the receipt of this request is recorded more than ninety days before the sale of the object in question, the return will be free of charge. If the receipt of the application is found between ninety days and sixty days before the sale of the requested object, said seller agrees to pay to SARL Collectoys a commission equal to 15% (plus VAT at the rate in effect at the time of the transaction) of the amount of the high estimate of the recovered lot. If the withdrawal request of the seller Head batch comes less than sixty days prior to its sale, the commission is 25% (plus VAT at the rate in effect at the time of the transaction) the amount of the high estimate batch recovered. Restitution means carried by the seller or any person duly authorized by him to the Hotel sales Bourges. Any shipment at the request of the seller will be supported by him and will be subject to a prior estimate.
Seller agrees not to bid for its own account and designate any person to carry such auction during the sale.
According to the law, Collectoys donate to the treasury the flat tax the capital gain which will be removed automatically if necessary and paid on behalf of the seller if it is subjected to it. This tax rate 6.5% subject to a non-nominal reporting applied only on lots with a unit amount exceeds € 5,000.
In case of dispute, and failing amicable agreement, the courts are competent to Bourges. All justice and defense costs generated by an action for damages which would not Collectoys convicted is the responsibility of the seller.
The seller gives up all possible rights on the photographs of the objects that will be presented in catalogs and on the website www.collectoys.fr. These photos are Collectoys full ownership of and may not, under any circumstances, be reproduced without the prior agreement of the latter.
Given the complexity of the ethical environment in which the international artistic community evolves, each party undertakes to perform its obligations and enforce its rights in good faith.
Any violation of the code of conduct of general conditions of sale may be sanctioned by the termination of any contractual relationship with www.collectoys.fr.
Article 10 - Applicable law and jurisdiction:
These terms and conditions are deemed to have been concluded in France and subject to French law.
The titles of the various articles mentioned above are purely indicative and do not necessarily determine the content of the articles to which they refer.
In case of dispute arising from the interpretation or execution of these general conditions of sale, the parties undertake to seek an amicable solution.
In the absence of such a solution, the dispute will be the exclusive jurisdiction of the Courts of Bourges, France, including summary proceedings, and whether or not multiple defendants or warranty.
Shipping Terms
Shipping & Delivery Terms:
Once the hammer falls, prizes are the sole responsibility of the purchaser.
The delivery of the lots takes place as soon as the successful tenderer has paid in full the total amount of his tender and any shipping fees.
Collectoys offers several delivery options:
- The acquirer comes recover lots in the premises of Collectoys (according to Article 7 of our CGV). To this end, the purchaser should contact Collectoys to schedule an appointment.
A package packaging may be charged where applicable. The purchaser may delegate to a third party recovery of his lots. This signed delegation must be confirmed in writing.
- Collectoys is responsible for shipping the lots (delivery address stated previously by the acquirer). Shipping charges include supplies and packaging labor charged on a sliding fee payable in advance (price excluding tax all by model or not detailed): the first 5: € 3.65 - from 6th to 20th: € 3.15 - 21st to 50th: € 2.65 - above 50th: 2,10 € + transport costs + insurance (0.9% of the total amount allotted lot shipped) . If the contractor refuses to purchase insurance, Collectoys has the obligation to request the discharge responsible for any accident in case of loss, theft, damage of the parcel.
To reduce transport costs and to benefit from the sliding scale packaging, Collectoys offers the possibility to combine those purchases for shipment (maximum 3 sales).
If shipping outside the European Community, customs fees will be paid by the purchaser to the forwarder or transport company on receipt of delivery.
REMEMBER: It is essential to indicate on the delivery note any anomaly (damaged packaging, missing parcels, open parcels ...) Without this reference, no claim will be considered by our insurance in case of damage or breakage of the package Objects.
However, if the contractor demands a precise estimate, the Collectoys notify within 7 business days of the total shipping. No later than 2 business days after receipt of the quote, the buyer must inform www.collectoys.fr by fax or e-mail of acceptance or refusal for that estimate. If accepted by the purchaser, the shipment will www.collectoys.fr once paid the amount of quote. In case of refusal of the quote by the purchaser or if the purchaser does not want immediate delivery, it will select another one of the solutions proposed by Collectoys.
The shipping time is 2 to 4 weeks of receipt of payment. Upon assumption by the carrier, the beneficiary (the) package is fully responsible for the delivery and will be personally responsible for any litigation due to transportation. In no event Collectoys can not be held responsible for any damage to the delivered parts.
- The buyer chooses their own carrier. In that case, the purchaser must provide www.collectoys.fr all the necessary information so that said carrier can conduct the removal and must pay in advance the costs of packaging said lot with Collectoys.
Without specific instructions in writing of the Contractor 48 hours after the sale, Collectoys will handle shipping of purchases in France, Europe and abroad.
The transfer of ownership and risks comes as Collectoys returns the lot to the purchaser, carrier or a third person.
If, prior to the effective management of the carrier or batch before the batch is guaranteed by insurance, Collectoys was unable to deliver the lot directly or indirectly to a foreign cause its control, including a strike , fire, flood, theft, natural disaster or other force majeure, the purchaser can not claim that one refund of amounts previously received by www.collectoys.fr and relating to the lot in question. To do this, the purchaser www.collectoys.fr contact by phone or email to obtain all the information on the procedure.
REMEMBER: It is essential to indicate on the delivery note 'SUBJECT TO UNPACKING'. Without this statement, no claim will be considered by our insurance in case of damage or breakage of the package objects.
