CONDITIONS OF SALE LIVE AUCTIONS
As of 2019-01-02
1. SCOPE AND NATURE OF THE COMMISSION
Bukowski Auktioner AB/Bukowski Oy Ab (“Bukowskis”) undertakes, on account of the seller (the "Principal"), to sell the items deposited with Bukowskis by the Principal at auction on the below stated terms. Unless otherwise agreed, Bukowskis has the right to sell a deposited item at such auction which, in the opinion of Bukowskis, will give the best result or when Bukowskis for different reasons finds this appropriate. For the avoidance of doubt, these conditions are not applicable to sales which Bukowskis offers through its electronic market place on the internet where the auctions are carried out electronically.
2. EXAMINATION, NOTIFICATION AND NON-ACCEPTANCE
In connection with the work of cataloguing, the items will be examined in further detail. Only after such examination, Bukowskis will decide whether the items will be accepted for sale at the auction. Bukowskis has the right, also at a later stage when the items have been published, to decide not to accept the items for sale at the auction, if doubt arises concerning the authenticity of the item, right of ownership of the item or other, according to Bukowski's assessment, essential circumstance. If Bukowskis decides not to accept the items, the Principal shall be notified without delay.
3. LIABILITY FOR CUSTODY AND INSURANCE
Bukowskis will insure the items, from receipt, against damage as a result of burglary, fire and water damage and against theft and breakage in Bukowskis' showrooms at a value corresponding to the estimated price less sales charges unless a higher insurance value has been separately agreed, and, where the estimated price has been stated as an interval, at the lowest price of the interval. Any damage to items caused by Bukowskis or a person for whom Bukowskis is responsible will be compensated if Bukowskis has been negligent. Bukowskis will charge an administration and insurance fee according to the current price list. Bukowskis is not responsible for minor damages that can occur to frames of mirrors or paintings which is not caused by Bukowskis. Bukowskis is not responsible for naturally occurring changes in live materials such as cracks in wood.
4. DESCRIPTION AND ESTIMATED PRICE
Bukowskis decides which description to attribute to the items and the estimated price to be set. The estimated price shall be set in accordance with generally accepted practices within the industry. The estimated price is not a reserve price (minimum price). A reserve price is set in accordance with Section 9. It is the duty of the Principal to keep informed of the description under which the items are sold and the reserve and estimated price set.
5. REVOCATION OF COMMISSION ASSIGNMENT
If the Principal revokes the commission assignment the Principal is obliged to compensate Bukowskis for costs for expert opinions, valuation and handling of the objects etc, at an amount corresponding to full sales commission based on the estimated price. Revocation of the commission assignment shall be made in writing. The Principal shall not in any case have the right to revoke the commission assignment any later than fifteen (15) days before the first day of auction without Bukowskis' prior consent.
6. SALES COMMISSION
See current price list.
7. HANDLING FEE
As set out in Section 9 below, the Principal may set a reserve. Should such reserve result in a recall and should a post-auction sale as set out in Section 9 below not occur, Bukowskis will be entitled to charge a handling fee in respect of each recalled object according to the current price list.
8. PHOTOGRAPHY FEES
Bukowskis decides whether deposited items are to be reproduced at publishing. The Principal is charged for such reproduction according to the current price list.
A reserve means to ensure, on behalf of the Principal, that an item is not sold below an agreed minimum price. However, Bukowskis is entitled, but not obliged, to sell the item at a price that is below such minimum price if Bukowskis reduces its sales commission so that the net revenue payable to the Principal for the item equals the net revenue had the item been sold at the minimum price. Bukowskis undertakes to, on behalf of the Principal, provide the services of reserve in respect of an item if the Principal within reasonable time and at least six (6) days prior to the first day of the auction, informs Bukowskis in writing about the desired reserve amount. Thereafter, Bukowskis will ensure that a sale does not occur below the reserve or a price resulting in the above mentioned net revenue. Should the reserve result in a recall, a handling fee will be charged according to Section 7, unless a post-auction sale occurs in accordance with Section 10 below.
10. COLLECTION OF LOTS
In the event of a recall, Bukowskis is entitled, during a period of thirty (30) days from the recall, and without the Principal's consent, to attempt reselling the recalled object. However, such post-auction sales may not be made without consent at a price that is below a minimum price ordered in accordance with Section 9 above or a price resulting in the net revenue addressed in Section 9 above. If the Principal does not collect the items, after request from Bukowskis to collect the items within a specified time, Bukowskis has the right to charge a storage fee according to the current price list or to deposit the item for storage at an optional external storage-/forwarding company for transport/storage. A double fee for storage will be charged for furniture and other bulky items. The item will then be insured and stored at the expense and risk of the Principal.
Bukowskis also has the right to donate items which have remained unsold to a charity organisation if the following conditions are met: i) no one has submitted a bid on the item, ii) the item did not have an original estimate price in excess of SEK 1,500, iii) the item has not been collected or home delivery has not been requested within the prescribed time limit and (iv) the Principal has not notified Bukowskis within the same time period that the Principal will collect the item.
Should the item not have been collected within three (3) months after the Principal has been requested to collect the item and the request has stated that the item could otherwise be sold after three (3) months, Bukowskis has the right to sell the item in accordance with the rules contained in the Act on business proprietors’ right to sell items that have not been collected (Sweden 1985:982, Finland 688/1988). The proceeds from the sale shall primarily cover the costs for the sale and the external storage/forwarding company's claims, and thereafter Bukowskis' claims on the Principal for payments due. Any remainder shall be paid out to the Principal.
Payment will be forwarded thirty (30) days after the auction has ended provided that the items sold are paid for and on the condition that no claim for compensation has been made. Bukowskis has no obligation to take legal measures against a buyer to make the buyer fulfill his payment obligations. If a buyer does not fulfill his payment obligations Bukowskis may, at its own discretion, either terminate the purchase and resell the property or terminate the purchase and return the property to the Principal. Bukowskis has no obligation to act against the buyer and is not responsible towards the Principal for the buyer's completion of the purchase. A claim for damages, if any, against a purchaser who does not fulfill its payment obligations will therefore not be made by Bukowskis without a separate agreement with the Principal to that effect.
12. LIABILITY FOR DEFECTS
The Principal is reminded of the fact that the buyer may claim defects in sold items in accordance with what is stipulated in Bukowskis' General terms for purchases and/or mandatory rules under consumer law. If Bukowskis is deemed to be responsible towards a buyer of an item for a defect, Bukowskis shall have the right to compensate the buyer and claim compensation from the Principal corresponding to the value of Bukowskis' remedy or corresponding to the total compensation paid out to the buyer. Furthermore, the Principal is responsible for the item’s authenticity. If the item, for instance, constitutes a forgery, according to Bukowskis’ assessment, Bukowskis has the right to repay the buyer and claim the corresponding compensation from the Principal.
Bukowskis has the unilateral right to move, end or change the length of an auction due to technical or other circumstances which, in Bukowskis’ opinion, requires this, regardless of whether the circumstances have occurred within Bukowskis' control.
Unless otherwise provided by mandatory law, Bukowskis shall never be liable for direct or indirect damages which the Principal may suffer, except if Bukowskis has been grossly negligent. The Principal is obliged to take reasonable measures to prevent, avoid or limit loss or damage.
Bukowski Auktioner AB has the right to assign its rights and obligations under the agreement entered into with the Principal to Bukowski Oy Ab. The Principal shall be informed in case of an assignment.
14. FORCE MAJEURE AND LIMITATION OF LIABILITY
If Bukowskis or Bukowskis’ sub-contractor is prevented from or delayed in fulfilling its obligations under these terms and conditions, for instance because of a cancelled auction sale or delayed payment, due to a Force Majeure event, Bukowskis cannot be held liable for any damages or other sanctions, provided that Bukowskis within reasonable time, informs the Principal hereof. As soon as the Force Majeure event has ceased the obligation shall be fulfilled as agreed. A Force Majeure is an unforeseeable event that is beyond the control of Bukowskis, e.g. natural disaster, fire, flooding, war, warlike event, revolution, confiscation, seizure, nuclear process, terrorism/terrorist act, new or amended legislation, acts of government or labour dispute.
15. PERSONAL DATA
Bukowskis is subject to the provisions of the Swedish Act of Complementary Provisions to the General Data Protection Regulation (2018:218), the Finnish Personal Data Act (523/1999), the Finnish Code of Information Society (917/2014) and the General 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 personal data submitted to Bukowskis by you as a Principal.
Personal data, such as name, address, personal identification number, phone number and e-mail adress provided in connection with Bukowskis’ services or otherwise within the scope of a contractual relationship with Bukowskis will be used for administrative purposes and performance of Bukowskis’ obligations related to the auction business, in order to provide good service and to fulfill obligations according to applicable law. The personal data may also be processed for market and customer analyses and statistics as well as for marketing purposes such as customized marketing, administration notices, product offers, newsletters etc. Personal data may be updated and supplemented through collection from private and public registers. For the above-stated purposes, personal data may be disclosed to other companies within the Bukowskis group and to companies which the group cooperates with. After a written request hereof, the Principal is entitled to receive written information of personal data registered by Bukowskis and how the data is used. The Principal is also entitled to request Bukowskis to correct or remove inaccurate data about the Principal. A person who does not want his or her personal data to be used for direct marketing purposes shall make a written request regarding this to Bukowskis.
16. ADDITIONAL LANGUAGE VERSIONS
These general conditions of sale have been translated into other languages (at present Swedish, English and Finnish). In case of any inconsistencies between the different language versions, the Swedish version shall have precedence.
In case of complaints where the parties fail to agree, you as a consumer resident in the EU have the possibility to turn to, in Finland; the Consumer Disputes Board, www.kuluttajariita.fi/en, and in Sweden; the National Board for Consumer Disputes (ARN), www.arn.se or Box 174, 101 23 Stockholm. You can also use the EU Commission complaint platform available on the EU Commission website.
Any dispute arising out of, or in connection with an agreement regarding items received for sale in Sweden shall be settled in accordance with Swedish law and by general courts with the District Court of Stockholm as first instance. Any dispute arising out of, or in connection with an agreement regarding items received for sale in Finland shall be settled in accordance with Finnish law and by general courts with the District Court of Helsinki as first instance.