Conditions of sale

CONDITIONS OF SALE ONLINE AUCTIONS As Of 2017-08-01

  1. SCOPE OF THE ASSIGNMENT Bukowski Auktioner AB undertakes as agent on behalf of the seller (the “Principal”) to under the following terms and conditions sell at auction items submitted by the Principal in Sweden for selling. Bukowski Oy Ab through Bukowskis Auktioner AB undertakes as agent on behalf of the seller (the “Principal”) to under the following terms and conditions sell at auction items submitted by the Principal 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), as Bukowskis considers appropriate and to promote the item in other forums besides bukowskismarket.com. 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: info@bukowskis.com, phone: +46 8-614 08 00 and to Bukowskis in Finland; Bukowski Oy Ab org.no. 0906523-0, Stora Robertsgatan 12 FI-0120 Helsinki e-mail: helsinki@bukowskis.com, phone: +358-9-668 91 10.

  2. SUBMISSION/ACCEPTANCE OF ITEMS The Principal is responsible for ensuring that the latter has full rights to items submitted to Bukowskis for sale. If this is not the case the Principal must, with the support of a written document, be able to prove his/her eligibility to sell and collect payment for the submitted item. When agreement on a sale has been made, a special 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 market valuation but the price to 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 if there should be any doubt concerning the authenticity of the item, right of ownership to the item or other significant circumstance.

  3. STORAGE AND INSURANCE LIABILITY Bukowskis insures received items against damage associated with burglary, fire or water damage, as well as theft up to a value corresponding to the estimate minus sales charges 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.

  4. CURRENCY Items that have been received in Sweden are valued, sold and paid for in Swedish Crowns (SEK). All additional fees for such Items are in Swedish Crowns (SEK). Items that have been received in Finland are valued, sold and paid for in Euro (€). All additional fees for such items are in Euro (€).

  5. SALE FEES Bukowskis takes a sales commission as well as an insurance charge and a photo-fee according to our price list. Minimum one (1) photograph is guaranteed per item. Bukowskis decides whether additional photographs should be added.

  6. RESERVE A reserve means that Bukowskis on behalf of the Principal ensures that an item does not sell below the agreed minimum price. The reserve price shall be confirmed on receipt/contract or by email or telephone. A reserve price is not available for items with an estimate of 199€/1999SEK or lower. If the estimate is 200-399€/2000-3999SEK there can be a reserve of a maximum of 50 % of the item’s estimate. If the estimate is 400€/4000SEK or more there can be a reserve of a maximum of 80 % of the item’s estimate. The starting bid, i.e. the price level on which the online auction begins, is determined by the reserve price. Items with no reserve has a starting bid at 30€/300SEK. Items with a reserve has the reserve price as starting bid. At sales of jewelry, wristwatches and pocket watches the above rules regarding the reserve price in relation to the estimate. Instead, the reserve price is determined individually in an agreement between Bukowskis and the Seller. The Seller has no right to withdraw published items.

  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 is not collected within the stipulated time period and the Principal has not notified Bukowskis within the same time period that the sale 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. If Bukowskis does not intend to re-sell the item at auction, the Principal will be notified of this by e-mail. If the Principal has not collected the item within the stipulated time period after the Principal has been sent such a notification, or after the Principal has cancelled the sale process, Bukowskis is entitled to apply a storage charge in accordance with the current price list plus costs for transportation to external storage. Bukowskis may 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 within the 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 entitled to sell an unsold item via a post-auction sale, provided that the post-auction sale price is not less than the agreed reserve price in accordance with point 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 mentioned that the item may otherwise be sold after a certain period, 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 actual 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.

  8. WITHDRAWAL 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 without prior notice to the Principal once again publish the object for bidding in accordance with the reserve and the terms in accordance with section 7, whereas Bukowskis will bear no economic responsibility for changes of the objects final price towards the Principal at a reissue. If the buyer uses the right to withdrawal Bukowskis also reserves the right to recover any payment made to the Principal.

  9. ACCOUNTS/PAYMENT 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 is requested to contact Bukowskis for a definitive answer. Information on hammer prices is submitted via www.bukowskismarket.com. Payment is made from Bukowskis thirty-five (35) calendar days after the Internet auction on condition that full payment is received from the buyer and that no claims or use of the right to withdrawal has occurred. Bukowskis has no obligation to take action against the buyer and is not responsible to the Principal for the buyer’s implementation of the purchase.

  10. LIABILITY FOR FAULTS If Bukowskis against the buyer of the object will be responsible for inaccuracies and thus liable to pay damages, Bukowskis has the right to demand 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 reserves the right to move, close or change the length of an auction due to technical or other circumstances within or beyond our control.

  11. FORCE MAJEURE Bukowskis is not responsible for loss suffered by the Principal in the event of a cancelled auction sale or delayed payment occurring as a result of military operation, industrial conflict, action by a public authority, fire or other accident or circumstance in general beyond the control of Bukowskis or which could not have been foreseen.

  12. PERSONAL DATA Bukowskis is subject to the provisions in the Swedish Personal Data Act (1998:204), the Finish Personal Data Act (523/1999) and the Finnish Information Society Code (917/2014). Bukowski Auktioner AB, orgno. 556434-1369, Box 1754, 111 87 Stockholm, e-mail: info@bukowskis.com, phone: +46 8-614 08 00 is the data controller for the personal data submitted to Bukowskis by a Seller. Personal data, such as name, address, personal identification number, phone number and e-mail provided in connection with the administration of a sales assignment 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 Seller is entitled to receive written information of personal data registered by Bukowskis and how the data is used. The Seller 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.

  13. 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.

  14. 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.

  15. DISPUTE 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.

These terms apply as of 1 August 2017.

Terms of use

Conditions of sale

  • 2017-08-01 (current)

Price list