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CONDITIONS OF SALE LIVE AUCTIONS
As Of 2017-02-15
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 which the company for different reasons finds appropriate. For the avoidance of doubt, these conditions are not applicable on sales which Bukowskis offer through their electronic market place on the Internet where the auctions are carried out electronically.
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, should any doubt as to the items' authenticity or the title to the items or similar circumstance arise. If Bukowskis decides not to accept the items, the Principal shall be notified without delay.
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 prices less commission unless a higher price has been separately agreed, and, where the estimated price has been stated as an interval, at the lower level of the interval. If the item is sold at auction, the insurance value is the hammer price less commission. 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.
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). The 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 estimated price set.
REVOCATION OF COMMISSION ASSIGNMENT
If the Principal revokes the commission assignment the Principal is obliged to compensate Bukowskis costs for expert opinions, valuation and handling of the objects, etcetera, 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.
See current price list.
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.
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 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.
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 item, Bukowskis has the right to charge a custody fee according to our price list or to deposit the item for storage with an independent freight company. A double fee for custody 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. Should the item not have been collected within three (3) months after the Principal have been requested to collect the item and the request has stated that the item could otherwise be sold after a certain period of time, Bukowskis has the right to sell the item in accordance with the rules contained in the Business Operator's Right to Sell Uncollected Property Act (Sweden 1985:982, Finland 688/1988). The proceeds from the sale shall primarily cover the costs for the sale and the freight 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 provided that the items sold are paid for. 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. A claim for damages, if any, against a purchaser who does not fulfill his or her payment obligations will not be made by Bukowskis without a separate agreement with the Principal to that effect.
LIABILITY FOR FAULTS
The Principal is reminded of the fact that the buyer may claim faults in sold items in accordance with what is stipulated in Bukowskis' General terms for buyers and/or mandatory rules under consumer law. If Bukowskis is deemed to be responsible towards a buyer of an item for a fault, Bukowskis shall have the right to claim compensation from the Principal corresponding to the value of Bukowskis' remedy or corresponding to the total compensation paid out to the buyer. What has been previously stated does not apply to any such claims by the buyer caused by Bukowskis. Furthermore, the Principal is responsible for the item’s authenticity. If the item is found to be a forgery, Bukowskis has the right to repay the buyer and claim compensation from the Principal. The Principal is also responsible for the item’s authenticity. If the item should prove to be a falsification, Bukowskis is entitled to repay the buyer and thereafter claim the corresponding compensation from the Principal.
Bukowski Auktioner AB has the right to assign its rights and obligations under the agreement entered into with the Principal to Bukowskis Oy ab. The Principal shall be informed in case of an assignment.
FORCE MAJEURE AND LIMITATION OF LIABILITY
Bukowskis shall not be held responsible for any loss that the Principal may suffer arising from a cancelled sale at auction or delayed payment occurring as a result of war, a war-like event, civil war, revolution or insurrection or arising out of any measure taken by a Swedish or foreign public authority or a strike, lockout, blockade or any other similar circumstance which Bukowskis cannot control or foresee. Compensation for any other damage will be paid by Bukowskis to the extent it has been caused by Bukowskis acting negligently. Bukowskis shall in no case have an obligation to compensate the Principal for an indirect damage or a damage unforeseeable to Bukowskis.
Bukowskis is subject to the provisions in the Swedish Personal Data Act (1998:204), the Finnish Personal Data Act (523/1999) and the Finnish Code of Information Society (917/2004). 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 personal data submitted to Bukowskis by the Principal. Personal data, such as name, address, personal identification number, phone number and e-mail provided in connection with a sales assignment or otherwise within the scope of a contractual relationship with Bukowskis will be used by Bukowskis for the 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. 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. 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.
ADDITIONAL LANGUAGE VERSIONS
These general conditions of sale have been translated into other languages (at present Swedish and Finnish). In case of any inconsistencies between the different language versions, the Swedish version shall have precedence.
ALTERNATIVE DISPUTE RESOLUTION
If the parties are unable to resolve a dispute, you as a Customer resident in the EU has the possibility to contact a local alternative dispute resolution committee, i.e. a neutral party that Bukowskis may use to resolve disputes if a consumer initiates an alternative dispute resolution process. You may turn to the National Board for Consumer Disputes, www.arn.se or Box 174, 101 23 Stockholm. You may also use the European Commission’s platform for complaints which is available on the European Commission’s 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.