Conditions of sale (2016-01-01)
CONDITIONS OF SALE: ONLINE ACTIONS AS OF 2016-01-01
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” 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.
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.
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.
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. Objects with no reserve has a starting bid at 30€/300SEK. Items with a reserve has the reserve price as starting bid.
7. UNSOLD ITEMS
Unsold items must be collected by the Principal no later than six (6) calendar days after the end of the auction if the Principal does not want them to be republished. If the item is not collected within the prescribed time, Bukowskis has the right to without prior notice to the Principal reissue the item for bidding. Bukowskis has the right but no obligation to issue each item three (3) times without price adjustment. Items that are not sold and not removed by the Principal within the specified time will be charged a storage fee according to the price list. Should an item not have been collected within one (1) month after the Principal having 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. At such sale Bukowskis has the right to deduct compensation for outstanding debts and fees incurred by the Principal for that sale. Any remainder will be provided to the Principal.
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.
A preliminary principal 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) banking 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.
Any dispute that might arise under an agreement regarding an item received in Sweden for selling shall be settled in accordance with Swedish law and by the courts of Sweden. Any disputes that might arise under an agreement regarding an item received in Finland for selling shall be settled in accordance with Finnish law, and with the Helsinki District Court as first instance.
13. HANDLING OF PERSONAL INFORMATION
These terms apply as of 1 January 2016.