Conditions of Purchase Live Auctions Conditions of Sale Live Auctions Conditions of Purchase Online Auctions Conditions of Sale Online Auctions General Terms and Conditions for Shipping Price list Klarna Terms and Conditions
As of March 23, 2021
1. SCOPE AND NATURE OF THE ASSIGNMENT
1.1 Bukowski Auktioner AB/Bukowski Oy Ab ("Bukowskis") undertakes to sell items submitted by the Seller at auction on behalf of the Seller/Principal (the “Seller”).
1.2 The Seller must be registered with Bukowskis with full details according to Bukowskis' procedures for selling items at Bukowskis’ auctions. In case of changes in registered data, the Seller itself must report this to Bukowskis. Bukowskis reserves the right to refuse registration or deregister without giving any reason.
1.3 Bukowskis has, unless otherwise agreed, the freedom to sell the item submitted at such auction and at the point in time that Bukowskis deems may give the best result or when Bukowskis deems it appropriate. Bukowskis has the right to change the timing or cancel the auction.
1.4 For the avoidance of doubt; these terms and conditions do not apply to online auctions of items offered by Bukowskis through its online electronic marketplace where the auctions are conducted electronically in full.
1.5 Sales commission and fees are paid to Bukowskis according to the current price list.
2. SUBMISSION/RECEIPT OF ITEMS
2.1 In connection with the cataloguing work, the submitted items are examined in more detail. Only after such an examination does Bukowskis decide whether the items should be included in the auction sale.
2.2 The Seller guarantees that the Seller has unrestricted ownership of items submitted to Bukowskis for sale.
2.3 If the Seller does not have unrestricted ownership of the item, the Seller shall inform about this and who the owner is and with written documents be able to prove its authority to sell and collect proceeds for submitted items.
2.4 The Seller or the person submitting the item is obliged to inform Bukowskis of known defects and deficiencies in the item.
2.5 Bukowskis reserves the right to decline the assignment without giving any reason and without the right to compensation for the Seller. Bukowskis reserves the right to decide, even at a later stage, when the items have been published, unilaterally and without the right to compensation for the Seller, not to accept the items for sale at the auction if doubt arises regarding the authenticity of the item, ownership of the item or other in Bukowskis' opinion essential circumstance. Also in these cases, section 8 below applies.
2.6 If Bukowskis decides not to accept the items for sale, the Seller shall be informed accordingly.
3. STORAGE AND INSURANCE LIABILITY
3.1 Bukowskis will keep received items insured against damage in connection with burglary, fire and water damage and theft up to a value corresponding to the estimated price less sales fees (if the estimated price is stated in a range, at the lower price in the range) or hammer price less sales fees, unless separate agreement on higher insurance value is concluded. In the event that an estimated price is not imposed and in the case of valuation assignments, the preliminary valuation value applies instead.
3.2 Damage to items caused by Bukowskis or someone whom Bukowskis is responsible for will be compensated if there is negligence on Bukowskis' part. Bukowskis is not responsible for minor damage that may occur on mirror and picture frames without Bukowskis’ cause. Bukowskis is also not responsible for natural changes in living materials such as cracking in wood.
3.3 Bukowskis is not obliged to reimburse the Seller for any damage in excess of the lower of the insurance value as described above, the reserve price less sales fees or SEK 10,000,000.
3.4 In the event that Bukowskis has compensated the Seller for an item, Bukowskis henceforth has ownership of and the right to reclaim the item.
3.5 Bukowskis charges an insurance fee, see current price list.
4. DESCRIPTION AND ESTIMATED PRICE
4.1 Bukowskis determines, unless otherwise agreed, the description and which images to be attributed to the items during cataloguing and marketing and the estimated price to be set. The estimated price is based on a market-adjusted valuation of the item prior to the auction. The estimated price is merely an assessment and guidance for buyers and the price at which an item is ultimately sold may substantially exceed or fall below the estimated price. An estimated price is not the same as a reserve price (minimum price). For the determination of reserve price see section 6.
4.2 Bukowskis has the right to amend and/or supplement the description referred to in section 4.1.
4.3 It is incumbent on the Seller to keep informed of the description under which the items are sold and to alert Bukowskis to any errors in the description known to the Seller.
4.4 Bukowskis shall not be liable for incorrect or incomplete catalogue information unless the information is material. Bukowskis' liability applies only in relation to the Seller and is in any case limited to SEK 10,000,000.
5. SALES CURRENCY
Items received for sale in Sweden are valued, sold and paid in SEK. All fees that apply to these items are in SEK.
6. RESERVE PRICE
6.1 A reserve means that Bukowskis, on behalf of the Seller, ensures that items are not sold below the agreed reserve price. Bukowskis undertakes to ensure this for a submitted item on behalf of the Seller provided that the Seller has given Bukowskis a written instruction in due time, no later than six (6) days before the first day of the auction, by announcing the desired reserve price. Bukowskis will then ensure that the item is not sold below this reserve price.
6.2 The reserve price may not exceed the estimated price. In the event of an estimated price in a range, the reserve price must not exceed the lower estimated price.
6.3 Bukowskis may, however, but is not obligated to, sell the item at a price below such reserve, if Bukowskis reduces its sales commission so that the Seller's net remuneration for the item is the same as if the sale had been made at the reserve price.
7. REVOCATION OF COMMISSION ASSIGNMENT
7.1 If a commission assignment is revoked, the Seller shall reimburse Bukowskis' costs for expert opinions, valuation and handling of the items etc, by an amount corresponding to the full sales commission based on the estimated price.
7.2 Sections 8.2 and 8.4 apply to the revocation of commission assignments.
7.3 Bukowskis has the right to withhold the items as security for the claim that Bukowskis has against the Seller.
7.4 Withdrawal of the sales assignment shall be made in writing. In no case does the Seller have the right, without the consent of Bukowskis, to withdraw the sales assignment later than fifteen (15) days before the first day of the auction.
8. UNSOLD ITEMS
8.1 In the event of a recall, Bukowskis has the right, for a period of 30 days after the recall, to attempt to resell the recalled item without the Seller's consent. However, such resale may not be made without consent at a price less than a reserve price requested in accordance with section 6 above or a price giving the net remuneration specified in the same section.
8.2 If the Seller does not collect the items after a request from Bukowskis to collect the items within a time specified by Bukowskis, Bukowskis has the right to charge a storage fee according to the current price list or submit the item for storage with any external storage/forwarding company for transport/storage. For furniture and other bulky items, a double storage fee is charged. The item will then be insured and stored at the Seller's expense and risk.
8.3 Bukowskis also has the right to donate items that have remained unsold to charity if the following conditions are met: (i) no one has made a bid for the item; (ii) the item has not had an original estimated price in excess of SEK 1,500, (iii) the item has not been collected or requested to be shipped within the above prescribed time and (iv) the Seller has not informed Bukowskis within the same time that the Seller will collect the item.
8.4 Should the item not be collected within three (3) months of the Seller being requested to collect the item and in the request has been informed that the item may otherwise be sold after three (3) months, Bukowskis has the right to sell the item in accordance with the rules of the Act on the merchant’s right to sell goods which have not been retrieved (Sweden 1985:982 and Finland 688/1988). In these cases, Bukowskis decides which price is acceptable. The proceeds of the sale shall primarily go to covering the costs of the sale and the claims of any external storage/forwarding company and then to covering Bukowskis' overdue claims on the Seller. Any surplus shall be paid to the Seller. If Bukowskis has not been able to sell the item and has the item had an original estimated price not exceeding SEK 1,500, Bukowskis has the right to donate the item to charity in accordance with section 8.3.
9.1 Accounting and payment are made in SEK. Payment will be made 30 days after the end of the auction provided that the items sold have been paid and provided that no complaint or cancellation has been made.
9.2 In the event that a buyer does not pay, Bukowskis has the right, at its option, to either cancel the purchase and resell the property or to cancel the purchase and restore the property to the Seller. Bukowskis has also the right to demand fulfillment of the purchase against the buyer.
9.3 Bukowskis is under no obligation to take action against the buyer in order to have the buyer fulfilling payment and is not responsible against the Seller for the buyer's fulfillment of the purchase. This also applies to compensation for damage that a delayed or non-payment may cause to the Seller. Any action for damages against buyers who do not fulfil their payment obligation is therefore not brought by Bukowskis without a special agreement being reached thereon with the Seller.
9.4 Bukowskis keeps payments received from buyers separate in client funds account in accordance with the Accounting Funds Act.
9.5 Payment is made only to a bank account within the EU or to another account approved by Bukowskis. The Seller is responsible for the accuracy of the account details. In the event that the Seller has an overdue debt to Bukowskis, Bukowskis has the right to offset the payment against such debt.
10. LIABILITY FOR DEFECTS
10.1 The Seller is made aware that the items are sold in accordance with the general terms and conditions that Bukowskis generally applies to buyers. The Seller is reminded that the buyer may allege defects or deficiencies in sold items or make other claims in accordance with Bukowskis' Conditions for Buyers and/or mandatory consumer law.
10.2 If Bukowskis becomes liable to buyers of items for defects, Bukowskis has the right to reimburse the buyer and claim compensation from the Seller corresponding to the value of Bukowskis' fault remedy or equivalent to the compensation paid to the buyer.
10.3 The Seller is also responsible for the authenticity of the item. Should the item, for example, in Bukowskis' opinion constitute a forgery or be exposed of theft or restitution, Bukowskis has the right to refund the buyer and then claim the corresponding compensation from the Seller. In the event that Bukowskis deems an item not authentic, the police authorities will in any case be informed.
10.4 If the buyer wishes to cancel the purchase, Bukowskis has the right to decide whether to accept the cancellation. If the purchase is cancelled, Bukowskis has a right but not an obligation to resell the item in accordance with section 8.
10.5 Bukowskis has the unilateral right to move, terminate or change the auction length of an auction due to technical or other circumstances that Bukowskis deems necessary, regardless of whether the circumstances have been within Bukowskis' control.
10.6 Unless otherwise required by mandatory law, Bukowskis will never be liable for direct or indirect damages that the Seller may suffer except if Bukowskis is guilty of gross negligence. The Seller is obliged to take reasonable measures to prevent, avert or limit loss or damage.
Bukowski Auktioner AB has the right to transfer its rights and obligations under the agreement entered into with the Seller to Bukowski Oy Ab. The Seller shall be informed if an assignment takes place.
12. FORCE MAJEURE AND LIMITATION OF LIABILITY
If Bukowskis or Bukowskis' subcontractor is prevented or delayed from fulfilling its obligations under these terms, e.g. in the event of a cancellation of auction sale or delayed payment, due to a force majeure event, Bukowskis shall be exempt from damages and other penalties, provided that Bukowskis informs the Seller within a reasonable time. As soon as the force majeure event has ceased, the obligation shall be fulfilled in an agreed manner. Force majeure events are unforeseen circumstances beyond Bukowskis' control, for example natural disaster, fire, flood, war, warlike event, revolution, confiscation, seizure, nuclear process, terrorism/terrorist act, new or amended legislation, government action or labor conflict.
13. PERSONAL DATA AND MONEY LAUNDERING
13.1 Bukowskis is subject to the provisions of the Swedish Law with additional provisions to the EU Data Protection Regulation (2018:218), the Finnish Data Protection Act (1050/2018) and the EU Data Protection Regulation (2016/679). Bukowski Auktioner AB, org.no. 556434-1369, Box 1754, 111 87 Stockholm, e-mail: email@example.com, phone: +46 8-614 08 00, is the data controller for the data that you as a Seller provide to Bukowskis.
13.2 Personal data, such as name, address, social security number, telephone number and e-mail address, provided in connection with Bukowskis' services or otherwise within the framework of a contractual relationship with Bukowskis, is used for the administration and fulfilment of Bukowskis' obligations related to the auction business, in order to provide good service and to fulfill obligations under law. The personal data may also be processed for market and customer analyses and statistics as well as for marketing purposes, such as targeted advertising, administrative notices, product offerings, newsletters etc.
13.3 The personal data may be updated and supplemented by collection from private and public registers.
13.4 Personal data may be disclosed for the above-mentioned purposes to other companies within the Bukowskis group and to companies with which the group cooperates.
13.5 Bukowskis abides by the Act (2017:630) on measures against money laundering and terrorist financing in all its activities. This legislation is based on binding EU directives. Additional personal data may be processed by Bukowskis as a result.
13.6 The Seller has the right upon written request, to receive written information about what personal data Bukowskis has registered and how this data is used. The Seller also has the right to request that Bukowskis corrects or deletes incorrect information about the Seller. Anyone who does not want their personal data to be processed for purposes related to direct marketing should send a written request to Bukowskis.
14. ADDITIONAL LANGUAGE VERSIONS
These general conditions of sale have been translated into other languages (currently Swedish, English and Finnish). In case of any differences between different language versions, the Swedish version of the conditions takes precedence.
In the event of a complaint where the parties fail to reach an agreement, you as a consumer resident in the EU have the opportunity to contact the Consumer Disputes Board in Finland, www.kuluttajariita.fi/sv and in Sweden the National Board for Consumer Disputes, www.arn.se or Box 174, SE-101 23 Stockholm. You can also use the European Commission's complaints platform available on the European Commission's website.
Any disputes arising out of or in connection with agreements regarding items received for sale in Sweden shall be settled in accordance with Swedish law and in a general court in Sweden with the Stockholm District Court as the first instance. Any disputes arising out of or in connection with contracts for items received for sale in Finland shall be settled in accordance with Finnish law and in a general court in Finland with the Helsinki District Court as the first instance. Bukowskis also has the right to seek the Seller in court in its domicile.