As of 2019-03-15
1. SCOPE OF THE ASSIGNMENT
Bukowski Auktioner AB undertakes as agent under the following terms and conditions and on behalf of the seller (the “Principal”) to sell at auction items submitted by the Principal on the company’s website for online auctions in Sweden for selling. Bukowski Oy Ab through Bukowski Auktioner AB undertakes as agent under the following terms and conditions and on behalf of the seller (the “Principal”) to sell at auction items submitted by the Principal on the company’s website for online auctions in Finland for selling. Bukowskis may also sell items at an agreed fixed price. “Bukowskis” shall hereafter refer to Bukowski Auktioner AB in case of agreement regarding items received in Sweden for selling and to Bukowski Oy Ab in case of agreement regarding items received in Finland for selling. Unless otherwise agreed, Bukowskis has the right to sell submitted items in the auction format (live auction or online auction) and at the office that Bukowskis considers appropriate and to promote the item in other forums besides the market place. For sales through live auctions, Bukowskis’ general terms for live auctions shall apply instead. The contact details to Bukowskis in Sweden are; Bukowski Auktioner AB, org.no. 556434-1369, Box 1754, 111 87 Stockholm, e-mail: firstname.lastname@example.org, phone: +46 8-614 08 00 and to Bukowskis in Finland; Bukowski Oy Ab org.no. 0906523-0, Mastokatu 4-6, 00160 Helsinki, e-mail: email@example.com, phone: +358-9-668 91 10.
2. SUBMISSION/ACCEPTANCE OF ITEMS
The Principal guarantees that the Principal has full ownership rights to items submitted to Bukowskis for sale. If the Principal lacks unlimited ownership of the item, the Principal must, with the support of a written document, be able to prove its eligibility to sell and collect payment for the submitted item. When a selling agreement has been made, a certain sales agreement shall be drawn up between the parties, a so-called advice of receipt/contract. After customary inspection and valuation, Bukowskis places an estimate on each item. The estimate is based on a market valuation, but the price for which an item is finally sold can significantly exceed or fall short of the estimate. The estimate only constitutes guidance for purchasers. Bukowskis reserves the right to unilaterally and without right to compensation for the Principal, withdraw from the sales assignment should there be any doubt concerning the authenticity of the item, right of ownership of the item or other, according to Bukowskis' assessment, significant circumstance.
3. STORAGE AND INSURANCE LIABILITY
Bukowskis insures received items against damage associated with burglary, fire and water damage, as well as theft up to a value corresponding to the estimate minus sales charges and, if the estimated price has been stated as an interval, to the lowest price of the interval, or hammer price minus sales charges. Bukowskis is not responsible for minor damages that can occur to items when on display or during handling, e.g. damage to frames and picture glass, natural changes in material such as cracks in wood etc. Bukowskis is not responsible for compensating the Principal for any damage exceeding the insured value in accordance with the above.
Items that have been received for sale in Sweden are valued, sold and paid for in Swedish kronor (SEK). All additional fees for such items are in Swedish kronor (SEK). Items that have been received for sale in Finland are valued, sold and paid for in Euro (EUR). All additional fees for such items are in Euro (EUR).
5. SALE FEES
Bukowskis charges a sales commission as well as an insurance fee and an administrative photography fee according to the current price list. Minimum one (1) photograph per item is covered by the photography fee. Bukowskis decides whether additional photographs should be added. In case of withdrawal of a sales assignment, the Principal is charged a fee according to the current price list.
6. PRICE AND RESERVE
A reserve means that Bukowskis on behalf of the Principal ensures that an item is not sold below the agreed minimum price. The reserve price shall be confirmed on the advice of receipt/contract or by email or telephone. For items with an estimate of 399 EUR/3,999 SEK or lower, the reserve cannot exceed 200 EUR/2,000 SEK. The exception is themed auctions, where the estimate and the reserve price can deviate from the above. If the estimate is 400 EUR/4,000 SEK or more there can be a reserve of a maximum of 80 % of the item’s estimate. The reserve price is determined by the estimate.
The above rules regarding the reserve price in relation to the estimate do not apply for sales of jewelry, vintage & fashion, wristwatches and pocket watches. Instead, the estimate is determined individually in an agreement between Bukowskis and the Principal.
The Principal has no right to withdraw a sales assignment in which items have been published. For a withdrawn sales assignment where items have not been published, a fee is charged according to the applicable price list.
7. UNSOLD ITEMS
Unsold items must be collected by the Principal no later than five (5) working days after the end of the auction. At the Principal’s request, Bukowskis can arrange home delivery of items at the Principal’s expense.
If an item has not been collected or home delivery has not been requested within the above stipulated time period and the Principal has neither notified Bukowskis within the same time period that the sales process has been cancelled, Bukowskis is entitled to re-sell the item at auction. Bukowskis will then also be entitled to reduce the estimate price and the reserve price according to what Bukowskis finds appropriate. If Bukowskis does not intend to re-sell the item at auction, the Principal will be notified of this by post or e-mail. If the Principal after Bukowskis having sent such a notification, or if the Principal has cancelled the sales process, and not collected the item within a stipulated time period given by Bukowskis, Bukowskis is entitled to charge a storage fee in accordance with the current price list plus costs for transportation and storage at an external storage. Storage is at the Principal's expense and risk.
Bukowskis also has the right to donate unsold items to charity 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 above stipulated time period, and (iv) the Principal has not notified Bukowskis within the same time period that the Principal will collect the item.
In the event that an item is unsold, Bukowskis and the Principal may agree to sell the item at a fixed price without bidding.
Until an item has been collected, Bukowskis is also, regardless of the above, entitled to sell an unsold item via a post-auction sale, provided that the post-auction sales price is not less than the agreed reserve price in accordance with Section 6 above.
Selling charges will not be applied if the item remains unsold.
If an item is not collected within three (3) months from when the Principal has been requested to collect it and the request stated that the item may otherwise be sold after a certain period of time, Bukowskis is entitled to sell the object. In such a case, Bukowskis will determine which price can be accepted. Bukowskis is thereby entitled to deduct compensation for storage and transportation costs from the amount received. Any profit after this deduction will be transferred to the Principal. If Bukowskis does not succeed in selling the item and the item had an original estimate price below SEK 1,500, Bukowskis is entitled to donate the item to charity.
The sales made through Bukowskis are subject to the right to withdrawal according to the Swedish Act on Distance Contracts and Off-Premises Contracts (2005:59)/the Finnish Consumers Act (38/1978). If the buyer uses the right to withdrawal, Bukowskis reserves the right to once again publish the object for bidding in accordance with the terms in Section 6 and 7 without prior notice to the Principal, whereas Bukowskis will bear no financial responsibility towards the Principal for changes in the object’s final price at a reissue. If the buyer uses the right to withdrawal, Bukowskis also reserves the right to recover any payment made to the Principal.
A preliminary principal contract payment note is sent by e-mail immediately after the end of the auction. In case the Principal has not provided a valid e-mail address the Principal must contact Bukowskis for a definitive answer. Information on hammer prices is submitted via www.bukowskis.com. Payment is made from Bukowskis thirty-five (35) calendar days after the online auction on the condition that full payment has been received from the buyer and that no claims or use of the statutory right to withdrawal has occurred. When selling to a consumer, the buyer has a statutory withdrawal period of fourteen (14) days from when the buyer has received the item (withdrawal period). If the buyer's withdrawal period has not expired at the time of regular payment, the payment to the Principal will be postponed until five (5) banking days after the expiry of the withdrawal period, provided that the buyer has not notified Bukowskis within the withdrawal period that the buyer wishes to use its right to withdrawal. If the buyer has so notified Bukowskis but does not return the item within the statutory time (return time limit), Bukowskis has the right to demand fulfilment of the purchase against the buyer. In such case, the payment to the Seller is postponed until five (5) banking days after the expiry of the return time limit (i.e. until a maximum of twenty-eight (28) calendar days, plus five (5) banking days, from the time when the buyer shall be considered to have received the item). Bukowskis has no obligation to take action against the buyer and is not responsible towards the Principal for the buyer’s implementation of the purchase.
10. LIABILITY FOR FAULTS
If Bukowskis is responsible against the buyer of the object for inaccuracies and thus liable to pay damages, Bukowskis has the right to demand the corresponding compensation from the Principal. The Principal agrees that the item is sold in accordance with the terms and conditions generally applied by Bukowskis.
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.
12. FORCE MAJEURE
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.
13. 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: firstname.lastname@example.org, phone: +46 8-614 08 00 is the data controller for the personal data submitted to Bukowskis by you as a Principal.
Personal data, such as name, address, personal identification number, phone number and e-mail-address provided to Bukowskis 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 relating 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 and for marketing purposes such as customized marketing, administration notices, product offers, newsletters etc. Personal data may be supplemented and updated 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.
14. 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.