Terms of Sales
1. INTRODUCTION AND APPLICABILITY
1.1 These terms and conditions apply to auctions and sales of items offered by Bukowski Auktioner AB and Bukowski Oy Ab through their electronic marketplace via internet where the auctions and sales are conducted electronically (the "Service"), where a customer (the "Customer" or the "Buyer") can register and purchase auction items ("Items") both through bidding or at a fixed price. Reference below to "Bukowskis" shall refer to Bukowskis Auktioner AB for contracts relating to Items received for sale in Sweden and Bukowski Oy Ab for contracts relating to Items received for sale in Finland.
1.2 Bukowskis acts as Commissioner, which means that the owner of the Item (the "Seller") instructs Bukowskis to sell Items in its own name but on behalf of the Seller through the Service. Exceptionally, Bukowskis may sell Items of which Bukowskis is the owner on its own account, e.g. after withdrawal in the context of the auction process.
1.3 In addition to mandatory legislation, these terms, price list and other policies published by Bukowskis regarding the Service (collectively, the "Terms") shall fully regulate what applies to the Customer's registration and use of the Service and the Customer's purchase of Items. The Customer must agree to the Terms in order to have the right to use the Service and purchase Items from the Service. More detailed information about the use of the Service, the bidding process and other practical information can be found on the Service's website (the "Website"). In addition to the Terms, there are also terms of sale that govern a Seller's rights and obligations in connection with the sale of Items, as well as transport terms governing transportation services provided by Bukowskis; see the Website for further information.
2. REGISTRATION
2.1 A Customer registers into the Service by filling out the registration form available on the Website. The Customer shall provide accurate and complete personal and contact information and shall be responsible for keeping the information up to date from time to time.
2.2 If a legal entity is registered as a Customer, the registration shall be made by a competent representative or authorised representative who has the right to bind the company to the Terms and who shall also be listed as the contact person for the company in question.
2.3 Through registration, the Customer accepts the Terms and other instructions given regarding the use of the Service.
2.4 The following persons/Customers are not entitled to use the Service: (i) persons under the age of 18, (ii) persons who do not have the right to act or (iii) Customers who have been suspended from the Service temporarily or permanently.
2.5 The Customer is only entitled to use the Service by using its own login name and password and the Customer is responsible for all bids and actions carried out during login in the Customer's name. The Customer shall ensure that the password is kept secret and is not disclosed to third parties. The Customer does not have the right to disclose login names or passwords to third parties. The Customer is responsible for ensuring that the password is changed immediately if there is reason to suspect that the login information has been disseminated to unauthorized persons or otherwise has or may be misused.
2.6 Bukowskis protects stored personal data. Bukowskis may verify the accuracy of the information provided by the Customer upon registration or later, e.g. through the use of various technical tools or by searching third-party registers. With regard to the use of personal data, see section 15 below.
3. PARTICIPATION IN AUCTION
3.1 The Service is provided as is and Bukowskis makes no guarantees regarding the availability of the Service. From time to time, the Service may be wholly or partly unavailable or not function satisfactorily due to planned or unplanned maintenance, service disruptions or other circumstances.
3.2 Bukowskis shall not be liable for any damages that may arise as a result of the Customer not being able to access the Service e.g. to place a bid for an Item. Bukowskis reserves the right to update, revise, or temporarily or permanently cease to provide the Service.
3.3 Bukowskis has the right to suspend Customers and their accounts from using the Service. This may include Customers who: (i) do not comply with the Terms; (ii) have overdue unpaid debt to Bukowskis; (iii) have not retrieved purchased Items or (iv) Bukowskis assesses, for example, abuse the right of withdrawal in the manner described below in section 8. A Customer who has been suspended from the Service does not have the right to re-register or use the Service through another Customer's login. A Customer who has been suspended is still obliged to fulfil all obligations to Bukowskis arising before or in connection with the suspension.
4. ITEM DESCRIPTION/ESTIMATED PRICES
4.1 All Items are sold as is. The condition of the Item is briefly described in the condition report specified in connection with the item description. Information provided by Bukowskis in a condition report does not relieve the Buyer of its own duty of investigation and serves only as guidance to the Buyer in its examination and assessment of the Item.
4.2 Prior to the auction, the Buyer shall on its own responsibility carefully examine and assess the condition, value and nature of the Item.
4.3 An Item´s estimated price is based on a market-adjusted valuation of the Item prior to the auction, but does not constitute a prediction of the sale price but an assessment and serves only as a guidance for the Buyer. The Buyer is not entitled to make any claim against Bukowskis in connection with Bukowskis' valuation of and/or the estimated price of an Item. The price at which an Item is ultimately sold may significantly exceed or fall below the estimated price.
4.4 Information about the Item listed in e.g. the item description and/or condition report is subject to change e.g. if new information about the Item becomes known. Any changes or additions will be published on the Website. If any change/addition is material to the value of the Item, Bukowskis has the right to remove the Item from the Service and to re-publish the Item with a new price, designation and description.
4.5 Pictures and descriptions of Items e.g. on the Website should only be used to identify the Item and Bukowskis is not responsible for incorrect or incomplete descriptions unless such error is substantial. Bukowskis is not liable for damages, defects, deficiencies or deviations that are not evident by images or description. There may be discrepancies between the look of the Item in reality, in pictures and how the images are presented on the computer, especially in case of reproduction of color. Information about e.g. author, authenticity, age, technique, condition or provenance, as well as information of an Item´s general condition, possible damages and repairs etc in e.g. a condition report serves only as a guidance for the Buyer´s own examination of the Item. Bukowskis is only responsible for that the published data, along with any changes and additions, of the author, authenticity, age, technique, condition or provenance of an Item corresponds to the general opinion at the time of publication. Bukowskis is not responsible for any change in such general opinion after publication. Bukowskis is also not responsible for natural wear and tear or minor damage and defects such as deterioration or aging, any mounting on canvases, condition of frames, natural changes in materials such as bleaching of paper and cracking of wood, cut margins, stains or yellowings on graphic works. Clocks and clockwork are sold as works of art and Bukowskis is not responsible for their technical function as timepieces. Bukowskis is also not responsible for the operation of motor vehicles, mechanical, electric or battery-powered Items.
4.6 Items are sometimes sold with special statement/certificate from external expertise. The fact that Items are sold with special statement/certificate from external expertise does not constitute a reason for the Buyer not to fulfil its duty to examine and other obligations under these Terms.
4.7 Bukowskis' liability for inaccuracies (see also section 10 below) is in any event limited to cases where incorrect and/or omitted information is substantial. Bukowskis' liability applies only in relation to the Buyer and is in any case limited to SEK 10,000,000.
5. BIDDING AND PURCHASE
5.1 A Customer participating in a bidding session shall follow the instructions on the bidding process available on the Website. In order to be able to win a bidding, the bid must meet the following requirements: (i) the bid shall, with at least a certain price range, so-called Bid Steps, exceed the bid currently leading the bidding; (ii) the bid shall be at least the lowest price that the Seller may have imposed on the Item (the “Reserve Price"); (iii) the bid shall be at least the minimum starting bid specified on the Website. For more information about bid step ranges and starting bids (ranges and limits that may vary over time), see the Website.
5.2 A bid is winning if, at the end of the auction, it is the highest bid and at least amounts to the Item's Reserve Price.
5.3 The Customer participates in bidding by entering a bid equal to the maximum amount that the Customer is willing to pay for the Item ("Maximum Bid"). Provided that the stated bid is above the Item's Reserve Price, the Service will first automatically place a bid that other customers may see ("Public Bid"), either equal to (i) the Item's Reserve Price, if no bid from another bidder, equal to or above the Item's Reserve Price, exists;(ii) a Bid Step above the lower amount of the Maximum Bid made by the leading bidder or the Customer's Maximum Bid, provided that the Customer's Maximum Bid is higher than the leading bidder's Maximum Bid; or (iii) the Customer's Maximum Bid, where it follows that the leading bidder's Public Bid is increased to a Bid Step above the lower amount of the Maximum Bid made by the Customer or the leading bidder's Maximum Bid. The Service will then, in accordance with above, increase the Customer's Public Bid at each counterbid specified by other bidders. A winning bid may therefore be lower than the specified Maximum Bid.
5.4 All bids are binding for the Customer up to an amount equal to the leading Public Bid at any given time and cannot be changed or withdrawn. All leading Maximum Bids can be reduced to an amount corresponding to the currently leading Public Bid.
5.5 Bukowskis and the Customer who made the winning bid (the Buyer) are deemed to have entered into a binding agreement as soon as the auction has ended. A Customer is obliged to check for itself whether the bid has led to a purchase.
5.6 The Customer may never participate in a bidding process relating to an Item that the Customer has submitted for sale, nor may it manipulate or otherwise influence bidding itself (e.g. by registering two accounts in the Service) or by proxy. However, a Customer who has purchased an Item for a fixed price is always considered a Buyer and is obliged to follow the instructions stated on the Website.
6. COMMISSION, FEES AND PAYMENT
6.1 Items received for sale in Sweden are valued, sold and paid in SEK. All fees applicable to these Items are stated and payable in SEK. Items received for sale in Finland are valued, sold and paid in euros (EUR). All fees applicable to these Items are stated and payable in euros (EUR).
6.2 In addition to the price (the winning bid) to be paid for each individual Item, the Buyer shall pay commission and fees specified in the price list in force at the time the winning bid was placed or when the sale for a fixed price was made. Furthermore, compensation to be paid for the author's resale right is added, see further below under section 7. Receipt for payment is received in connection with payment at Bukowskis’ premises. If payment is made through the Service, proof of payment received can be obtained electronically through the Service.
6.3 The Buyer shall, within seven (7) days of the end of the auction or when the sale for a fixed price was made, to Bukowskis pay full compensation for the Item corresponding to (i) the winning bid or fixed price; (ii) commission to Bukowskis, (iii) any compensation under the resale right, and (iv) VAT, other fees and any taxes related to the purchase and bid and as set out in the price list in force at the time the winning bid was made ("Full Compensation"). Bukowskis has the right to decline third party payments, i.e. payments from anyone else than the Buyer.
6.4 Bukowskis keeps payments received separate in a client funds account in accordance with the Accounting Funds Act.
6.5 If Full Compensation has not been paid within seven (7) days of the end of the auction, Bukowskis has the right to demand that the purchase be fulfilled and to demand interest on late payment under the Swedish Interest Act/Finnish Interest Act and a reminder fee. If Full Compensation has not been paid within fourteen (14) days after the end of the auction, Bukowskis also has the right to cancel the purchase whereby the Item is returned to the Seller. Bukowskis also has the right to resell the Item on behalf of the Buyer without notice. In this respect, Bukowskis has the right to determine the estimated price and whether or not to impose a reserve price. Bukowskis has the right to benefit from the funds received for all claims that Bukowskis has against the Buyer, together with the resale costs. If the sales price achieved in the case of the resale is not sufficient to cover Bukowskis' receivables and the resale costs, the Buyer shall pay the difference. After settlement, any surplus amount will be accounted for to the Buyer.
6.6 If Full Compensation is not paid, the Seller may also make claims against the Buyer.
7. RESALE RIGHT (DROIT DE SUITE)
According to the Swedish and Finnish Copyright Act (Sweden 1960:729, Finland 404:1961) and EU Directive (2001/84/EC), there is a resale right fee for resale of works of art and handicraft art. Resale right fee is a copyright compensation to the artist (the author) during its lifetime and thereafter to its heirs for seventy years following the year in which the artist died. The compensation is calculated as a percentage of the winning bid. The percentage varies depending on the size of the sales price. For the calculation model for the fee, see the current price list. To the extent that an Item sold through the Service is subject to this compensation, this is stated in the item description of the Item in question and must be paid for by the Buyer.
8. RIGHT OF WITHDRAWAL
8.1 In the event that the Buyer is a consumer, the Buyer has a 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 Buyer does not have a right of withdrawal in case any exception to the right of withdrawal in the law is applicable.
8.2 The Buyer shall notify Bukowskis that the right of withdrawal is exercised within the withdrawal period that runs for fourteen (14) days from the date the Buyer receives the purchased Item in its own possession or through the possession of a representative.
8.3 Notice of withdrawal shall contain the Item's item number, the Buyer's customer name and the date on which the Buyer received the purchased Item in its own possession or through the possession of the representative, and be sent to Bukowskis by email to return@bukowskis.com. The Buyer must use the same email address as is registered on the customer number. The Buyer may also use Bukowskis' withdrawal form, which is available on www.bukowskis.com. Alternatively, notification of withdrawn purchase can be provided using the standard form provided on the Swedish Consumer Agency's website, www.konsumentverket.se.
8.4 Following the notice of withdrawal, the Buyer shall return the Item at its own expense within fourteen (14) days. Return must be made immediately and without delay. If the Item has been collected by the Buyer, return must be made to Bukowskis' nearest online office in such a way that it is delivered to that office and not to another delivery point. If the Buyer has chosen home delivery, return must be made in the same way to the Bukowskis' office from which the Item was purchased. Return must not be made against cash on delivery. The Buyer is responsible for increased delivery costs caused by the Buyer's choice of method of return, for example if the Buyer has returned the Item to another delivery point.
8.5 If the Item has not been returned within fourteen (14) days of the Buyer notifying Bukowskis of the exercise of the right of withdrawal and the Buyer has thus not complied with what has been imposed on him by law, the Buyer shall still be deemed bound by the purchase and no refund will be made.
8.6 The Buyer is at risk of damage or loss of the Item and is obliged to package and handle the Item in such a way that it is not damaged during transport.
8.7 Once Bukowskis has received the Item, the amount paid will be refunded to the Buyer within fourteen (14) days, with the exception of any impairment caused by the Buyer's handling of the Item to a greater extent than necessary, any additional delivery costs caused by the Buyer's choice of a delivery method other than Bukowskis' standard delivery and storage fee and/or the cost of transport and storage with third parties for the days Bukowskis stored the Item and exceeding seven (7) days (see further below under section 11). Refunds to the Buyer will be made in the same way and to the same account number or card as may have been used for the purchase.
8.8 The Buyer is not entitled to re-bid on an Item for which the Buyer has used the right of withdrawal.
8.9 If Bukowskis considers that the Buyer abuses the right of withdrawal e.g. by using the right of withdrawal to avoid sticking to bids placed and thereby affects the bidding process, the Seller or other Customers in an unacceptable manner for Bukowskis, Bukowskis reserves the right to close the Buyer's account and the Buyer's access to the Service.
8.10 Returned Items whose purchase is not subject to the right of withdrawal are stored by Bukowskis at the receiving office for collection by the Buyer. If the Item is not collected within seven (7) days, the Buyer will be charged a storage fee and/or the cost of transport and storage with third parties in accordance with the terms of section 11 below.
9. COMPLAINTS
9.1 Unless otherwise provided by mandatory law, the Buyer shall complain of any defects immediately after the Buyer has noticed or should have noticed the defect, but no later than:
(i) in immediate connection with the collection of the Item if the Item is collected by the Buyer (or the Buyer's agent) at one of Bukowskis' delivery points;
(ii) in immediate connection with receipt of the Item if the Buyer has ordered home delivery and the Item is delivered to a delivery address specified by the Buyer;
(iii) within one (1) business day from collection of the Item if the Buyer has ordered home delivery and the Item is delivered to a post office or other third party delivery point.
9.2 If the relevant claim period is not respected, the Buyer is not entitled to invoke the relevant defect. All complaints must be made in writing. A complaint has not been initiated until Bukowskis has confirmed its receipt in writing.In any event, a complaint must be made within three (3) years of receipt of the Item (if the Buyer is a consumer).
9.3 In the case of unapproved complaints, Bukowskis stores the returned Item at the receiving office for collection by the Buyer. If the Item is not collected within seven (7) days, the Buyer will be charged a storage fee and/or the cost of transport and storage with third parties in accordance with the terms of section 11 below.
10. LIABILITY FOR DEFECTS
10.1 Unless otherwise provided by mandatory law, Bukowskis' liability for defects in purchased Items is limited to the following. If an Item has a defect for which Bukowskis is responsible, Bukowskis has the right (i) to remedy/restore the defect, (ii) give the Buyer a price reduction corresponding to the defect (the value compensation shall be calculated on the basis of the final price of the Item, i.e. what the Buyer has actually paid for the Item excluding commission, fees, etc.) or (iii) allow the purchase to return.
10.2 If ambiguities arise regarding the Seller´s right of ownership or disposal of the Item, both Bukowskis and the Buyer has the right to cancel the purchase.
10.3 In the event of a return or cancellation, the Buyer only has the right to recover what the Buyer has paid to Bukowskis in connection with the purchase against the return of the Item.
10.4 Bukowskis' maximum liability for the Item is to refund the amount that has been paid by the Buyer, i.e. the amount of the winning bid or the fixed price plus commission, VAT and any other fees paid by the Buyer in connection with the purchase. The Buyer is not entitled to any additional compensation. Bukowskis is never liable for direct or indirect damages such as legal costs that the Buyer may suffer with the exception if Bukowskis is guilty of gross negligence. The Buyer is obliged to take reasonable and normal measures to prevent, avert or limit loss or damage.
11. PICK-UP/TRANSPORT AND CANCELLATION IN CASE OF LATE/NO RETRIEVAL
11.1 Collection or ordering of the transport of purchased Items can only take place after the Buyer has paid Full Compensation to Bukowskis. In connection with collection, the Buyer receives a hand-out certificate.
11.2 If the Buyer does not wish to collect the Item from Bukowskis at the location specified in the item description, transport may be made through one of the following options: (i) Standard delivery via Transit transport of the Item to one of Bukowskis' delivery points; (ii) Home delivery of smaller Items or (iii) Home delivery of larger Items.
11.3 In cases where the Buyer exercises its right of withdrawal under section 8 above, Bukowskis will only refund the costs arising from alternative (i) in section 11.2 above. If the Buyer exercising its right of withdrawal has chosen one of the options (ii)-(iii) above, the Buyer is obliged to reimburse Bukowskis for the additional costs for the chosen option.
11.4 Bukowskis stores the Item free of charge to the Buyer for seven (7) days (excluding the date on which the current auction ended or the date on which the sale for a fixed price was conducted). If the storage period exceeds seven (7) days, the Item will be stored at the Buyer's expense and risk. When storing in Bukowskis' own premises, Bukowskis has the right to charge a storage fee as stated in the price list that was in force when the winning bid was placed. Bukowskis also has the right to hand over the Item to any external storage/forwarding company for transport/storage with third parties, and then the Buyer shall cover all costs for such transport and storage. By accessing these Terms, the Buyer expressly agrees to the terms of storage and undertakes to pay the storage fee and/or the cost for transport and storage with third parties.
11.5 Should the Buyer exercise its right of withdrawal according to section 8 above, the Buyer is thus obliged to pay for the number of days of storage of the Item exceeding seven (7) days in accordance with section 11.4. By accessing these Terms, the Buyer is informed that Bukowskis has a special interest in disposal of the Item when it has been sold.
11.6 Bukowskis reserves the right to cancel the purchase agreement in the event of the Buyer's failure to collect the Item. If the Buyer pays but does not collect the Item within seven (7) days (excluding the date on which the current auction ended or the date on which the sale for a fixed price was made), Bukowskis will send the Buyer a reminder asking to collect the Item, failing which the purchase will be cancelled twenty-eight (28) days after the end of the auction or sale. In the event of cancellation, the Buyer has the right to recover what the Buyer has paid to Bukowskis, less the above storage fee and/or cost for transport and storage with third parties.
11.7 If the Buyer does not collect the Item within three (3) months following a request, Bukowskis also reserves the right to sell the Item in accordance with the rules of the Act (1985:982) (Finland 1988/688) on the merchant’s right to sell items that have not been retrieved. The sales compensation shall primarily go to covering the costs of the sale and the claims of any external storage/forwarding company and then to covering Bukowskis' overdue claims on the Buyer. Any surplus shall be paid to the Buyer. As soon as the Item has been collected from Bukowskis, the risk and liability for the Item passes to the Buyer.
12. IMAGE REPRODUCTION
Bukowskis has the right to photograph or otherwise depict Items for printed matters, advertisements and other documentation. Photographs and other images are Bukowskis' property and can be used for purposes unrelated to the sales assignment.
13. EXPORT PERMITS
According to the Cultural Environment Act (1988:950), special permission is required for the export of certain older Swedish and foreign cultural objects specified in this act. The Finnish Act restricting the export of cultural goods (933/2016) requires authorization for the export of cultural goods from Finland to other EU Member States. Cultural goods to be brought out of the EU may also be subject to a special export license under Council Regulation (EC) No 116/2009. The Buyer is independently responsible for any permits required by this legislation and shall bear all costs associated with this 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.
14. FORCE MAJEURE AND LIMITATION OF LIABILITY
If Bukowskis or Bukowskis' subcontractor is prevented or delayed from fulfilling its obligations under these Terms due to a force majeure event, Bukowskis shall be exempt from damages and other penalties, provided that Bukowskis informs the Customer of the force majeure event within a reasonable time. As soon as the force majeure has ceased, the obligation shall be fulfilled in an agreed manner. Force majeure events are unforeseen circumstances beyond Bukowskis' control, for example natural disaster, fire, flood, war, warlike event, revolution, confiscation, seizure, nuclear process, terrorism/terrorist act, new or amended legislation, government action or labor conflict. The Buyer has the right to cancel a purchase agreement if Bukowskis has not been able to complete the purchase within three (3) months due to force majeure event under this section.
15. PERSONAL DATA, MONEY LAUNDERING M.M.
15.1 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).
15.2 Personal data, such as name, address, social security number, telephone number and e-mail address, provided in connection with Bukowskis' services or otherwise within the framework of a contractual relationship with Bukowskis, are used for administration and fulfillment of Bukowskis' obligations related to the auction business, in order 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.
15.3 Personal data may be updated and supplemented by collection from private and public registers.
15.4 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.
15.5 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.
15.6 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.
16. PERIOD OF VALIDITY
These Terms apply to the Customer and its use of the Service and purchase of Items as soon as the Customer has registered with the Service. Bukowskis has the right from time to time to change these Terms including prices and fees set out in the price list. Bukowskis also has the right to temporarily change fees in connection with marketing campaigns.
17. ASSIGNMENT
Bukowskis has the right to transfer agreements entered into between Bukowskis and the Buyer including, but not limited to, all or part of the related rights and/or obligations, to third parties. If a contract is transferred, Bukowskis will notify the Buyer who has taken over the agreement by notice on the Website or by email. If Bukowskis transfers the agreement to third parties, such party has the right to provide the Service or similar services on another website. A Customer may not transfer the terms of use or related rights and/or obligations to third parties.
18. ADDITIONAL LANGUAGE VERSIONS
These Terms have been translated into other languages (currently Swedish, English and Finnish). In the event of any differences between different language versions, the Swedish version of the Terms takes precedence.
19. CONSUMER COMPLAINTS
In the event of a complaint 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 arising out of or in connection with agreements regarding Items received for sale in Sweden shall be 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 contracts relating to 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 Buyer in court in its domicile.
