General Terms and Conditions for the Supply of Transport Services Bukowskis
AS OF 2023-10-20
1. Applicability
These general terms and conditions for the supply of transport services (the "Transport Conditions") apply to transport of items which have been purchased, sold or offered for sale at an auction organized by Bukowski Auktioner AB or Bukowski Oy Ab ("Bukowskis") and where the transport of the item (the "Item") is ordered through Bukowskis to the customer (the "Customer"). However, these Transport Conditions do not apply to Items that have been bought, sold or offered for sale at a value exceeding SEK 250,000. Bukowskis does not carry out any transport services and does not act as a carrier. Bukowskis' role is an intermediate supplier of transport services and the actual transportation is carried out by another company selected by Bukowskis. The parties agree that these Transport Conditions shall apply to all transport services ordered by the Customer through Bukowskis. In addition to what is prescribed in mandatory legislation, these Transport Conditions shall exhaustively govern the relationship between the parties regarding such transport services, e.g. in relation to liability for defects, damages and delays.
2. The transport services
The Customer can order the following transport services through Bukowskis:(i) Transit transport. The carrier ordered through Bukowskis transports the Item between Bukowskis' different collection/hand out sites within the Nordic countries. Addresses to Bukowskis' present sites can be found here. Upon ordering a transit transport, Bukowskis orders the transport of the Item to the collection site requested by the Customer. The Customer can thereafter collect the Item at the requested site.
(ii) Home delivery of smaller Items. Items of a volume of maximum 0.25 m3 and a weight of maximum 20 kg can be sent by mail in a letter or package. Depending on the Customer's order, the letter/package is delivered directly to the address specified by the Customer or to a third party collection/delivery point.
(iii) Home delivery of larger Items. Items with a volume exceeding 0.25 m3 and/or a weight of 20 kg is delivered through the carrier directly to the address specified by the Customer. Regarding such larger Items, delivery into the Customer's home is included only within Stockholm, Gothenburg and Malmö. Outside these locations, a fee of SEK 1,500 excluding VAT is payable for delivery into the Customer's home. However, delivery to the site boundary/pavement or equivalent is included.
3. Orders, prices and payment of transport services
The Customer orders all transport services through the internet on Bukowskis' website. The prices for the different transport services depend on the transport type, the size and weight of the Item, the collection address and destination. The prices applicable from time to time are stipulated on Bukowskis' website and published in connection with the Customer's order of the actual transport service, which can be done when it has been established that the Customer's bid is the winning bid. All prices include VAT. Additional fees are charged if the Item shall be carried more than 50 meters or more than five floors, or if the transport entails any specific costs such as boat transport to addresses located on islands, costs for cranes, work related to assembling of Items etc. The Customer must always pay for the transport service in advance and no transport service is started before Bukowskis has received full payment for the transport service in question. As soon as full payment has been noted, the transport order is made active. Bukowskis has the right to decline third party payments, i.e. payments from anyone else than the Customer.
4. Carrier
Bukowskis will supply transport services by engaging external carriers. However, the Customer orders the transport service through Bukowskis, enters into agreements with Bukowskis and pays the compensation of the transport service directly to Bukowskis. The external carrier may contact the Customer in order to agree on a delivery date and collect information on the delivery conditions and may invoice the Customer for certain agreed fees, e.g. the cost for any re-delivery and storage, if the Customer does not take delivery on the agreed time as provided in the last paragraph of section 6(iii). When stipulated in these Transport Conditions, the Customer shall directly contact the carrier.
5. Delivery time etc
The delivery times for the transport services may vary and depend on a number of circumstances such as the size and weight of the Item, the collection address and destination. The normal delivery time is stated when the Customer orders the transport service through Bukowskis. If the delivery time for a transport essentially exceeds such stipulated normal delivery time, Bukowskis or the carrier shall inform the Customer hereof. However, Bukowskis does not grant any warranties regarding delivery times and the Customer is not entitled to claim any sanctions towards Bukowskis should the actual delivery times exceed the normal delivery times.
6. Collection and receipt of Items
(i) Transit transport: When the Item has arrived to the collection site, a confirmation of arrival is sent to the Customer's e-mail address. Bukowskis stores the Item at no additional cost for the Customer during a storage period of seven (7) calendar days, whereby the following days shall be included in such storage period. As from and including the day after the day when the auction ended until and including the day the Customer orders a transport through Bukowskis. Thereafter, as from and including the day the Customer receives a confirmation of arrival to the collection site until and including the day the Customer collects the Item. If the storage period exceeds seven (7) calendar days, Bukowskis has the right to charge the Customer for the storage period as stated in the price list. Opening hours, contact details and road description to Bukowskis' different collection sites can be found here. Before the Item has arrived to the collection site, it is not possible to trace the Item. Identification card must be presented upon collection. When collecting via an agent, a power of attorney must be presented and also a certificate of registration if the power of attorney was issued by a legal entity.
(ii) Home delivery of smaller Items: The Customer shall collect the Item delivered by post within the time period indicated in the confirmation of arrival. If the Customer does not collect the Item within such time period, the Item will be sent back and Bukowskis is entitled to charge the Customer for storage as stated in the price list as well as for the costs for re-delivery. The Customer will be notified via SMS to the phone number that has been given in connection with the transport order. At pickup, the Customer shall present identification card and consignment number. Any representative of the Customer must present the consignment number and either the Customer\'s identification card or a written power of attorney together with its own identification card. Items will remain at the third party collection/delivery point for 14 days. Unclaimed Items will be returned to the sending Bukowskis site, and the Customer will be charged the full return cost.
(iii) Home delivery of larger Items: In order to ensure an efficient delivery, the Customer shall provide all necessary information regarding the delivery address such as accessibility, measurements, number of stairs etc. Items are delivered to the delivery address and, if such delivery into the Customer's home has been ordered in accordance with section 2, shall be placed in an area indicated by the Customer, provided that the following conditions are fulfilled. It must be possible for a truck of 10 meters/26 tons to park with a maximum carrying distance of 50 meters. The indicated area must be maximum five stairs up/down. If one or several of these conditions are not fulfilled, the Customer shall inform the carrier hereof. If the Customer wishes that the transport service shall be performed anyway, the Customer can ask the carrier if this is possible. If the carrier deems that the transport service can be carried out, the carrier is entitled to charge the Customer additional fees. If not otherwise has been agreed in writing with the carrier, the Customer shall be available at the agreed delivery time to receive the Item. If the Customer is not able to receive the Item at the time agreed with the carrier, the Customer shall inform the carrier at least 24 hours before the agreed delivery time. If the Customer is not available to receive the Item at the agreed time and has not informed the carrier hereof at least 24 hours before the agreed delivery time, the Customer will be charged for the cost for storage of the Item and for re-delivery of the Item in accordance with the external carrier's price list applicable from time to time. These charges may be invoiced directly by the external carrier.
7. Withdrawal
In the event that the Customer is a consumer, the Customer has the right of withdrawal in accordance with the Swedish Distance and Off-Premises Contracts Act (2005:59)/the Finnish Consumer Protection Act (38/1978). However, the Customer does not have the right of withdrawal in the event that exceptions to the right of withdrawal in the aforementioned laws can be applied.
The Customer must notify Bukowskis that the right of withdrawal is exercised within the withdrawal period which runs for fourteen (14) days from the day on which the contract for transport service is entered into. Notice of withdrawn service must contain the Item\'s item number and the Customer\'s name and be submitted to Bukowskis via e-mail to return@bukowskis.com. The Customer must use the same email address that is registered on the customer number. The Customer can also use Bukowskis' withdrawal form, which is available at www.bukowskis.com. Alternatively, notice of withdrawn service can be submitted by using the standard form provided on the Swedish Consumer Agency\'s website, www.konsumentverket.se.
When Bukowskis has received the Item, the amount paid for the transport service to Bukowskis will be refunded within fourteen (14) days to the Customer, with the exception of storage costs for storage periods exceeding seven calendar days (see above under section 6). Refunds are made in the same way and to the same account number or card that may have been used for the payment.
However, Bukowskis handles the Customer\'s order for a transport service in immediate connection with the order. Through the Customer\'s ordering of the transport service, the Customer consents to the ordered transport service starting during the withdrawal period. The Customer also agrees that there is no right of withdrawal once the service has been completed.
8. Liability
The risk for the Item passes to the Customer as soon as the Customer has collected the Item from the carrier or from Bukowskis or third party's collection site. If the Customer has agreed in writing with the external carrier that an Item shall be delivered at a delivery address without personal receipt, the risk for the Item passes when the Item has been delivered. Bukowskis is liable towards the Customer if the Item is damaged or lost during the transport to a maximum amount of SEK 100,000/EUR 10,000. If the Customer wishes to acquire insurance covering a greater amount Bukowskis may be able to administer such insurance. For additional information, please contact Bukowskis' customer service. Bukowskis is never liable for any damage, previous repair, loss or cost due to the Item's natural wear and tear or which have been caused by the Customer. Bukowskis is never liable for lost profit or other indirect or consequential damages or losses. Bukowskis is never liable for any damage, loss or cost which directly or indirectly has been caused by or is related to war, war related action, revolution, seizure, confiscation, other measure taken by civil or military authority, atomic nuclear process, terrorism/terror action, regardless if such other matter or action, occurring at the same time or at any other time, has contributed to the damage, loss or cost.
9. Complaints
The Customer shall, in immediate connection with the collection or the receipt of the Item, carefully inspect the Item in order to verify that the Item is not damaged. Upon collection of the Item from Bukowskis or a third party the Customer shall carefully inspect that the packaging/wrapping is intact and without any damages. Visible damages and defects shall be notified immediately and be noted on the consignment note provided by the external carrier or collection/delivery point. Complaints regarding damages or losses of the Items that are not visible shall be made in writing to Bukowskis within one (1) working day after the delivery date/collection day. If the Customer fails to file a complaint in the manner and within the time specified above, the Customer loses its right to make any claim in relation to the damage or loss. If the Customer files a complaint within the specified time period and Bukowskis is liable for such damage or loss, Bukowskis shall, in its own discretion, repair the Item (if the Item can be repaired in a way that is reasonably acceptable) or credit the Customer with an amount corresponding to the value of the damaged or lost Item. If the Customer is the purchaser of the damaged or lost Item, the value of the Item shall correspond to the price paid by the Customer for such Item. If the Customer is the seller of the Item and the Item has not been sold, then the Customer is entitled to the average value between the highest and lowest estimated value as determined by Bukowskis before the Item was put up for auction. Damages on certain Items do not entitle the Customer to file complaints against other Items and the granted compensation shall always be in proportion with the part of the Item which has been damaged or lost. In addition to what is stated above, or prescribed by mandatory law, the Customer cannot direct any other sanctions towards Bukowskis.
10. Right of retention
The carrier and/or Bukowskis are entitled to retain the Item if the Customer has unpaid debts towards the carrier or Bukowskis.
11. Export permit
The Swedish Act (1988:950) on cultural environment, contains a permit requirement for export of certain, old Swedish and foreign cultural items specified in this Act. The Finnish Act (933:2016) on restrictions on export of cultural items contains a permit requirement for export of cultural items from Finland to other member states within the EU. Cultural items that shall be exported outside the EU also require a specific export permit in accordance with the Council Regulation (EEC) No 116/2009. The Purchaser is solely liable to apply for and acquire any such required permit and shall bear all costs in this regard and Bukowskis has no liability in this regard. Permits are applied for in Finland through the Museum Agency and in Sweden via the Swedish National Heritage Board.
12. Force majeure and limitation of liability
If Bukowskis or Bukowskis' sub-contractor is prevented from or delayed in fulfilling its obligations under these Transport Conditions 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 Customer hereof. As soon as the Force Majeure event has ceased the obligation shall be fulfilled as agreed. Force Majeure refers to an unforeseeable event that is beyond the control of Bukowskis, e.g. natural disaster, fire, flooding, war, new or amended legislation, acts of government or labor dispute. The Customer may cancel the agreement concerning the transport if Bukowskis is unable to supply the transport within three (3) months due to such a Force Majeure event provided in this section 12.
13. Packaging material
The carrier owns all material used to package Items during the transport. If the carrier wants to, the carrier has the right to unpack the Item and bring back the packaging material.
14. Personal data
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: info@bukowskis.com, phone: +46 8-614 08 00, is the data controller for the data that you as a Customer submit to Bukowskis.
Personal data, such as name, address, social security number, telephone number and e-mail address, provided in connection with Bukowskis\' services or otherwise in connection with a contractual relationship with Bukowskis, is used for administration and fulfillment of Bukowskis\' obligations related to the auction business, 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.
The personal data may be updated and supplemented by collection from private and public registers.
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.
Bukowskis applies the Anti-Money Laundering and Terrorist Financing Act (2017:630) in all its activities. This legislation is based on binding EU directives. As a result, additional personal data may be processed by Bukowskis.
You as a Customer have the right, upon written request, to receive written information about what personal data Bukowskis has registered and how this data is used. The Customer also has the right to request that Bukowskis corrects or deletes incorrect information about the Customer. Anyone who does not want their personal data to be processed for purposes related to direct marketing should send a written request to Bukowskis. For more information about Bukowskis\' handling of personal data, see Bukowskis' Privacy Policy www.bukowskis.com/privacy.
15. Period of validity
These Transport Conditions apply to the Customer as soon as the Customer has ordered transport services. Bukowskis has the right from time to time to change these Transport Conditions including prices and fees as shown in the price list. Bukowskis also has the right to temporarily change fees in connection with marketing campaigns. Changes are published on www.bukowskis.com/legal and apply immediately.
16. Assignment
Bukowskis has the right to transfer agreements entered into between Bukowskis and the Customer including, but not limited to, all or part of the related rights and/or obligations, to third parties. If an agreement is transferred, Bukowskis will inform the Customer who has taken over the agreement by notice on the website or by email. If Bukowskis transfers the agreement to a third party, this third party is entitled to offer its services through another website. A Customer may not transfer agreements or related rights and/or obligations to third parties.
17. Additional language versions
These Transport Conditions 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.
18. Consumer protection legislation
If the Customer acted as a consumer, the conditions in mandatory consumer legislation, for example the Consumer Sales of Goods Act (2022:260) (in Finland the Consumer Protection Act (38/78)), apply instead of these Transport Conditions, if and to the extent the mandatory legislation implies more favorable conditions for the Customer than these Transport Conditions.
19. Consumer complaints
In case of complaints 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.
20. Disputes
Any disputes between the Customer and Bukowskis arising out of or in connection with these Transport Conditions and agreements regarding Items received for sale in Sweden shall be finally 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 agreements regarding 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 Customer in court in the Customer's domicile.