As of 2022-02-21
1. SCOPE AND NATURE OF THE ASSIGNMENT
1.1 Bukowski Auktioner AB ("Bukowskis") as commissioner undertakes for items received for sale in Sweden on behalf of the seller/principal (the "Seller") to sell items submitted by the Seller at auction on the Company's website for online auctions on the following terms and conditions.
1.2 Bukowski Oy Ab as commissioner undertakes for items received for sale in Finland on behalf of the Seller to sell items submitted by the Seller at auction on the Company's website for online auctions on the following terms and conditions.
1.3 The Seller shall be registered with Bukowskis with full details according to Bukowskis' procedures in order to be able to sell items at Bukowskis’ online 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.
1.4 Bukowskis may also sell items at an agreed fixed price.
1.5 Reference below to "Bukowskis" shall refer to Bukowski Auktioner AB for contracts relating to items received for sale in Sweden and Bukowski Oy Ab for contracts relating to items received for sale in Finland.
1.6 Bukowskis has the right, unless otherwise agreed, to sell submitted items in the auction format (hammer auction or online auction) and at the office that Bukowskis deems appropriate and to market the item by other means than through the marketplace. Bukowskis has, unless otherwise agreed, the freedom to sell submitted items at the auction that Bukowskis believes may give the best result or when Bukowskis considers it appropriate. Bukowskis has the right to change the timing or cancel the auction.
1.7 When selling via hammer auction, Bukowskis' Conditions of sale live auctions apply.
1.8 Sales commission and fees are paid to Bukowskis according to the current price list.
1.9 Contact details for Bukowskis in Sweden are; Bukowski Auktioner AB, org.no. 556434-1369, Box 1754, 111 87 Stockholm, e-mail: email@example.com, phone: +46 8-614 08 00 and to Bukowskis in Finland; Bukowski Oy Ab, org.no. 0906523-0, Mastgatan 4-6, FI-00160 Helsinki, e-mail: firstname.lastname@example.org, phone: +358 9 668 91 10.
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 or 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.
2.3 The Seller or the person submitting the item is obliged to inform Bukowskis of known defects and deficiencies in the item.
2.4 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.
2.5 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 for example damage in connection with burglary, fire and water damage and theft up to a value corresponding to the estimated price less sales fees 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 liable for minor damage that may occur on items during viewing or handling, such as damage to frames and picture glass, natural changes in materials such as cracking in wood etc.
3.3 When Bukowskis finds it suitable, Bukowskis has a right to remedy damages to items instead of paying compensation.
3.4 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.
3.5 In the event that Bukowskis has compensated the Seller for an item, Bukowskis henceforth has ownership of and the right to reclaim the item.
3.6 Bukowskis charges an insurance fee, see current price list.
4. DESCRIPTION AND ESTIMATED PRICE
4.1 Bukowskis determines, unless otherwise agreed, the description and 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 the 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. Items received for sale in Finland are valued, sold and paid in euro (EUR). All fees applicable to these items are in euro (EUR).
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. The reserve price may not exceed the estimated price. The reserve price shall be confirmed in the contract or by e-mail. At an estimated price up to SEK 3,999/EUR 399, reserve cannot exceed SEK 2,000/EUR 200. If the estimated price is SEK 4,000/EUR 400 or more, a reserve may be made at a maximum of 80% of the item's estimated price.
6.2 Exceptions apply to theme auctions and in some cases the reserve price can instead be determined individually in an agreement between Bukowskis and the Seller.
7. REVOCATION OF COMMISSION ASSIGNMENT
7.1 The Seller has the right to revoke a commission assignment, but not if the item has been published.
7.2 If a commission assignment is revoked, a fee is charged according to the applicable price list.
7.3 If the Seller has not collected the item within a time limit specified by Bukowskis, Bukowskis has the right to charge a storage fee according to the applicable price list as well as costs for transport to, and storage in, external storage. Storage is at the Seller's expense and risk.
7.4 Sections 8.2 and 8.4 apply to the Seller's revocation of commission assignments.
7.5 Bukowskis has the right to withhold the items as security for claims that Bukowskis has against the Seller.
7.6 A withdrawal of the sales assignment shall be made in writing.
8. UNSOLD ITEMS
8.1 Bukowskis has the right to resell unsold items at auction. Bukowskis then also has the right to reduce the estimated price and reserve price as Bukowskis deems appropriate. Such resale takes place no more than three times unless otherwise specifically agreed.
8.2 If Bukowskis no longer intends to resell the item, the Seller will be notified by post or email. If the Seller has not collected the item within five (5) business days after the end of the last auction or other by Bukowskis' specified deadline, Bukowskis has the right to charge a storage fee according to the applicable price list as well as costs for transport to, and storage in, external storage. Storage is at the Seller's expense and risk. Bukowskis may, at the Seller's request, convey home delivery of the item, at the Seller's expense. 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.
8.3 In the event that an item has been recalled, Bukowskis has the right, until the item has been collected, to resell recalled items at a fixed price without bidding, provided that the after-sale is made at a price not less than the agreed reserve price as set out in section 6 above.
8.4 Should the item not be collected within three (3) months of the Seller being requested to collect it and in the request has been informed that the item may otherwise be sold after a certain period of time, Bukowskis has the right to sell the item in accordance with 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. In doing so, Bukowskis has the right to compensation for storage and transport costs from the amount received. After settlement, any surplus will be transferred 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 8.2.
9. RIGHT OF WITHDRAWAL
The sale made through Bukowskis is subject to the right of withdrawal under the Swedish Distance and Off-Premises Contracts Act (2005:59)/the Finnish Consumer Protection Act (38/1978). If the buyer exercises its right of withdrawal, Bukowskis reserves the right to republish the item without notice to the Seller in accordance with the terms and conditions set out in sections 6 and 8 above, after which Bukowskis bears no financial responsibility to the Seller for changes in the final price of the item at a resale. If the buyer exercises its right of withdrawal, Bukowskis also reserves the right to recover from the Seller any compensation paid.
10.1 Preliminary settlement will be sent by e-mail immediately after the end of the auction. In cases where the Seller has not provided a valid e-mail address, the Seller is obliged to contact Bukowskis for final information.
10.2 Information on hammered prices is provided via www.bukowskis.com.
10.3 Payment is made from Bukowskis no later than thirty-five (35) days after the online auction provided that full payment has been received from the buyer and that no complaint, cancellation or exercise of the statutory right of withdrawal has been made. When selling to a consumer, the buyer has a statutory withdrawal period of fourteen (14) days after the buyer has taken possession of the item (withdrawal period). If the buyer's withdrawal period has not expired at the time of regular payment, the payment to the Seller is postponed until five (5) business days after the expiry of the withdrawal period, provided that the buyer has not informed Bukowskis within the withdrawal period that the buyer wishes to exercise its right of withdrawal. If the buyer has notified Bukowskis of this but does not return the item in a statutory time (return period), Bukowskis has the right to require the fulfilment of the purchase against the buyer. In such case, the payment to the Seller is postponed until five (5) business days after the end of the return period (i.e. to a maximum of twenty-eight (28) days, plus five (5) business days, from the time the buyer is deemed to have taken possession of the item).
10.4 Bukowskis keeps payments received from buyers separate in client funds account in accordance with the Accounting Funds Act.
10.5 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. Bukowskis has the right to decline third party payments, i.e. payments from anyone else than the buyer. In the event that the Seller has an overdue debt to Bukowskis, Bukowskis has the right to offset the payment against such debt.
10.6 Bukowskis is under no obligation to take action against the buyer and is not liable to the Seller for the buyer's fulfilment 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.
11. LIABILITY FOR DEFECTS
11.1 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.
11.2 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.
11.3 The Seller is also responsible for the authenticity of the item. Should the item, for example, in Bukowskis' opinion constitute a forgery, be associated with money laundering or terrorist financing or be exposed to 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.
11.4 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 the right but not the obligation to resell the item in accordance with section 8.
11.5 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.
11.6 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.
13. 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.
14. PERSONAL DATA AND MONEY LAUNDERING
14.1 Bukowskis is subject to the provisions of the Swedish Law with additional provisions to the EU Data Protection Regulation (2018:218), the Finnish Data ProtectionAct (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.
14.2 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.
14.3 The personal data may be updated and supplemented by collection from private and public registers.
14.4 Personal data may be disclosed for the above-mentioned purposes to other companies within the group which Bukowskis forms part of and to companies with which the group cooperates.
14.5 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.
15. ADDITIONAL LANGUAGE VERSIONS
These terms and conditions 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 terms and conditions takes precedence.
16. CONSUMER COMPLAINTS
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, Sweden. 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 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.