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We do not provide an in-house shipping service, but at each lot in the online catalogue the transportation cost with the logistic company ArtMove from Uppsala to Stockholm, Gothenburg and Malm?, is stated.
Uppsala Auktionskammare Terms and Conditions for Buyers
as of 27 October 2021
2
1. Terms and Conditions
1.1 These Terms and Conditions are standard conditions
between a bidder/buyer (“the Bidder” or “the Buyer”) and
AB Uppsala Nya Auktionskammare (“UAK”). They apply to
all auctions conducted by UAK. Unless otherwise agreed,
they also apply, where applicable, to a “private sale”.
1.2 The current version of these Terms and Conditions is
published on UAK’s website (www.uppsalaauktion.se). They
can also be obtained upon request in printed form from
UAK.
2. Registration
2.1 To participate in an auction, the Bidder must be
registered with UAK. Registration may be completed in one
of the UAK offices or at www.uppsalaauktion.se.
Registration of a legal entity as a Bidder must be made by an
authorised signatory or by a representative with a written
power of attorney. The power of attorney shall entitle the
authorised person to bind the legal entity to the general
terms and conditions of UAK. The person acting on behalf of
a legal person is personally responsible for ensuring that he
or she has this authority in relation to UAK.
2.2 The Bidder must provide identification upon registration.
The information provided by the Bidder in the registration
process must be accurate and complete. The Bidder shall
promptly notify UAK in writing of any subsequent changes
in his or her registration information.
2.3 UAK is in its discretion entitled to require that the Bidder,
to be allowed to bid at a specific auction, generally or for a
specific lot or specific lots, deposits an amount stipulated by
UAK in accordance with a procedure assigned by UAK. If the
Bidder is the successful bidder and does not pursue his or
her purchase, the Bidder accepts that the deposit is forfeited
to UAK as standardized damages, without the right to any
deduction for the Bidder. If UAK’s loss in consequence of the
non-pursuing of the purchase by the Bidder substantially
exceeds the deposit, UAK is entitled to claim the difference
from the Bidder. If the Bidder is not successful in the bidding
that the deposit is related to, UAK shall as soon as possible
return the deposit to the Bidder, provided that the Bidder is
not indebted to UAK for any other reason.
2.4 Registration is conditional on the Bidder agreeing to
these Terms and Conditions.
2.5 The Bidder acknowledges that before and/or after the
registration, UAK may conduct a credit review (or equivalent)
of the Bidder.
2.6 UAK is entitled, at its discretion and without providing
reasons, to refuse registration and, where applicable, to
deregister the Bidder with immediate effect or with a date
to follow. In the event of deregistration, these general Terms
and Conditions shall continue to apply to any bids that have
already been submitted and purchases that have already
been made.
3. Sales Are Made on Commission
3.1 All lots are sold on commission. Occasionally, UAK may
sell lots in auctions for its own account in the few instances
where UAK has come to be the owner of such lots while
acting within the ordinary framework of its auction business,
for example, after a sale has been cancelled.
4. “As Is” Sales and Bidder’s Duties
4.1 All lots are second-hand and sold as is.
4.2 Since the lots are sold as is, the Bidder has a duty
to conduct a thorough and extensive examination. Lots
are sometimes sold with an opinion/certificate from an
external expert. UAK is not responsible for the content of
such opinion/certificates. The same far-reaching duty of
investigation on the part of the Bidder therefore applies
to items sold with an opinion/certificate from an external
expert.
4.3 Considering the duty to examine, the Bidder shall
determine the state and condition of the lot by means of
a careful examination that shall be conducted prior to the
auction. UAK shall not carry any liability in the event the
Bidder neglected his or her duty to examine and UAK is
further relieved from any liability for such things, matters or
issues that the Bidder should have discovered upon fulfilling
his or her duty to examine.
5. Description of Lots
5.1 Catalogue descriptions are made with care, but
UAK is not responsible for any incorrect or incomplete
catalog descriptions unless such inaccurate or incomplete
information is substantial.
5.2 In determining whether a catalog description is
substantially inaccurate or substantially incomplete, inter
alia the estimate and origin of the lot shall be considered.
The requirements of the catalog descriptions are generally
lower for cheaper lots and/or lots comprising of nonSwedish objects than for other lots.
5.3 The determination of whether a catalog description is
substantially inaccurate or substantially incomplete shall be
made based on the knowledge available in Sweden and on
the consensus among professionals in Sweden at the time
of the auction.
5.4 Catalogue descriptions are not always conclusive. The
scope of the descriptions may vary as to the different lots.
The descriptions are generally more comprehensive for lots
sold on the Important Sales and less comprehensive for lots
sold on the Decorative Sales.
5.5 If the catalog includes information in relation to inter
alia authorship, authenticity, age, technique, provenance
and condition of the lot, such information is intended only
as general information and establishes the basis for the
Bidder’s own examination and assessment of the lot.
5.6 Where a catalog description exists in different languages
and there is a discord between these, the Swedish version
shall prevail.
6. Amending and Supplementing the Description of Lots
6.1 UAK retains the right to amend and supplement a
catalog description before the auction. Any changes or
additions will be published on the UAK website. The Bidder
Uppsala Auktionskammare Terms and Conditions for Buyers
as of 27 October 2021
3
is obligated to take notice of any such new information. UAK
carries no liability for the Bidder neglecting the duty to do
so.
7. Condition Reports
7.1 UAK may, but is not obligated, to provide, upon the
Bidder’s request, a separate written condition report about
the general conditions of a lot including any damages, repairs
or similar information. The information in such a report
shall be regarded in the same manner as the information in
the catalog description. It is intended for the sole purpose
of presenting the Bidder with the opportunity to undertake
his or her own examination and appraisal of the lot. The
condition report does not consequently relieve the Bidder
from his or her own duty to conduct an examination. The
liability of UAK for the information included in the condition
report is thereby limited to the same extent as for incorrect
or incomplete catalog information.
8. Liability for Defects
8.1 Since all lots are sold as is and since the Bidder carries
the duty to examine the lots, UAK’s liability for any defects
(damage, imperfections or such) of the lots is limited only to
substantial errors found in the catalog descriptions. With the
exceptions that derive from the following paragraphs in this
section, UAK is also liable for defects of lots related to UAK’s
intentional errors and errors caused by gross negligence.
8.2 The aforementioned provisions entail that UAK is not
responsible for the ordinary wear-and-tear or for minor
damages and imperfections, such as canvas hoisting,
condition of frames, natural changes in materials, including
but not limited to paper discoloration and cracking of wood,
even when these conditions are not shown in the catalogue
description of a lot. Such defects are not grounds for any
claims.
8.3 Illustrations in catalogues, on the UAK website, or in
condition reports are for identification purposes only,
and UAK is not liable or responsible in the event that any
damages, imperfections or such could not be identified in
these images.
8.4 Clocks, clockwork and mechanical and machine, engine
or electricity (battery) operated lots are sold as art objects
and UAK is not responsible for such objects operating as
timepieces or otherwise in any technical manner. The
aforementioned also applies to motor vehicles and toys.
8.5 UAK shall never be liable for information concerning any
lots that may be provided orally.
8.6 UAK’s liability for any defects of the lots applies only in
relation to the Consignor and the Buyer of the lot. UAK has
no liability in relation to any non-successful bidders or any
other third parties.
9. Claims, Limitation of Liability
9.1 Any defects shall always be made known to UAK
immediately after the Buyer has noticed or should have
noticed the defect, and in any event within 14 calendar days
from the auction date. Objections concerning the originator
of the work may be made up to two years from the day of
the auction. In order for a claim regarding authorship to
be deemed to have been made within the two-year period,
the Buyer must, unless UAK grants an exception in writing,
submit to UAK within this period written signed opinions from
two independent generally recognised experts regarding
the author in question, who certify without reservation
that the author of the item in question is someone other
than the author indicated for the item. The experts shall
be independent both of the Buyer and of each other. The
experts must also have valid liability insurance covering any
liability that may arise in the event of incorrect certification.
The Buyer shall demonstrate that such insurance exists. The
cost of the independent experts shall be borne by the Buyer,
unless otherwise goes from a judgement or is agreed by the
Buyer and UAK. If, after a claim has been made, the Buyer
and UAK do not reach agreement, the Buyer must bring legal
action against UAK within three years of the auction date for
the claim to remain valid.
9.2 All complaints shall be made in writing.
9.3 If the specified deadlines and forms for submitting a
claim are not observed, the Buyer is not entitled to seek
relief for any defects.
9.4 UAK has the right, at its own cost, to rectify any errors
or defects in the lots sold for which UAK is responsible,
including allowing for the repair of damaged lots. If the value
of a lot is subsequently lower than it would have been if the
error or defect had not been present, the Buyer is further
entitled to an equitable reduction in price.
9.5 Where substantial damages are present for which UAK is
responsible, the Buyer has the right to cancel the purchase.
9.6 If UAK has the right to correct the errors or omissions
by repairing the actual lots and/or to reduce the price, UAK
(but not the Buyer, if it does not involve a substantial error
or omission) may instead choose to cancel the purchase.
9.7 UAK’s liability in relation to the Buyer for defects shall
always be limited to at most, and only upon the recovery
of the lot, the refund of the hammer price plus commission,
VAT and any resale rights. The Buyer is not entitled to further
compensation. UAK is thus not responsible for any indirect
damages that the Buyer may have suffered or for the Buyer’s
own costs incurred in conjunction with a claim.
10. Estimate and Reserve Price
10.1 The estimate of a lot is based on a conservative
valuation completed by UAK. The estimate serves as guidance
only. The final hammer price may differ significantly, either
upwards or downwards, from the estimate.
10.2 All estimates are made in Swedish crowns (SEK).
10.3 For guidance to Bidders, some estimates may be
listed in currencies other than SEK, whereby a rounded
approximate exchange rate may be used from the time the
catalogues are printed or published.
10.4 The lots that are auctioned receive a reserve price.
Reserve prices are never made known to prospective buyers
before the bidding is made public. Reserve prices do not
exceed the estimates (lower estimate if a range is provided).
Lots are not to be sold below the reserve price.
Uppsala Auktionskammare Terms and Conditions for Buyers
as of 27 October 2021
4
11. General Conditions for Bidding
11.1 A submitted bid is binding on the Bidder until a
possibly higher bid has been submitted.
11.2 A submitted bid may not be withdrawn unless
explicitly provided by these Terms and Conditions, as
observed in paragraphs 13.5 and 14.7–8.
11.3 All bidding is done in Swedish crowns (SEK).
11.4 The Bidder is required to be registered and to prove
his or her identity with UAK.
11.5 UAK retains the right to require the Bidder to provide
security or to provide references, which shall be deemed
acceptable at the discretion of UAK. UAK also retains the
right to determine an upper limit on the Bidder’s total
purchase.
11.6 UAK retains the right, without providing reasons,
to reject bids which were submitted prior to an auction in
writing or via the Internet or by telephone and to refuse the
Bidder to participate in the bidding in real time or in the
auction hall and, where appropriate, to expel the Bidder
from UAK’s premises.
11.7 With identical bids, the first bid receives priority.
11.8 The auctioneer (the announcer) decides which sum
shall determine that a bid is a new bid. This determination
is done with regard to the price level in the ongoing bidding
process.
11.9 The winning Buyer of a lot is the bidder who submits
the highest bid. This bidder enters into a binding contract to
purchase the actual lot.
11.10 UAK conducts all auctions, both Important Sales and
Decorative Sales, as hammer auctions. The fact that the
Bidder participates in such an auction at a distance by means
of a written absentee bid, an Internet bid or a telephone bid
does not mean that such bids have not been submitted at a
hammer auction. There is therefore no right of withdrawal,
regardless of the manner in which the bid was submitted;
see Chapter 2, Section 11 (10) of the Swedish Distance
Contracts and Off-Premises Contracts Act (2005:59).
11.11 In the event of identical bids, uncertain bidding or
disputes related to an ongoing bidding, the auctioneer
shall decide which bid shall be given priority to effectuate a
purchase or whether the bidding shall be reopened.
11.12 It is not permitted for the Bidder, whether on his or
her own or by means of someone else, to manipulate the
bidding process.
11.13 The decision of UAK and/or the auctioneer, under this
section 11, is without appeal and carries no liability even if
incorrect and it were to cause the Bidder damages.
12. Specifics about In-person Bidding in the Auction Hall
12.1 Bidding in the auction hall may take place both at the
Important Sales and at the Decorative Sales.
12.2 A bidder who wishes to bid in the auction hall shall
apply for an auction paddle with a unique bidding number
before the auction begins.
12.3 A bid is submitted by the Bidder when he or she clearly
holds up his or her auction paddle, or when such bid is made
with any other clear sign or with a clear voice. The winning
bidder shall always display his or her auction paddle for
proper registration of the purchase after the hammer has
struck.
12.4 A bid delivered in the auction hall is binding and
irrevocable until a possibly higher bid has been submitted.
13. Specifics about bidding by written absentee notice
13.1 Written absentee bids may be received for the
Important Sales but not for the Decorative Sales.
13.2 Written absentee bids may be submitted in person to
UAK or sent via e-mail.
13.3 Written absentee bids shall be submitted to UAK at the
latest two hours before the start of the auction that includes
the actual lot.
13.4 When a Bidder has submitted a written absentee bid,
UAK will bid on behalf of the Bidder in the most favourable
manner possible, up to the maximum bid.
13.5 A written absentee bid may be withdrawn no later than
three hours before the start of the auction that includes the
actual lot. Any revocation must be in writing.
13.6 The Bidder is responsible for purchases that may result
from a written absentee bid being unclear or incorrect, from
any written errors or for any other reasons. In the event of
an inconsistency among various specifications in a written
absentee bid, the reference to an auction number receives
*/ Note! Internet bids submitted before the hammer auction begins may not be revoked on the Decorative Sales
11.15 In addition to these general bidding conditions, as prescribed by this Section 11, specific conditions for different
forms of bids shall apply, as set out in sections 12 through 16.
Important Sales Decorative Sales
In-person bids in the auction hall Yes Yes
Written absentee bids that are submitted in person or that are
sent by fax, e-mail or regular mail
Yes No
Internet bids submitted before the hammer auction begins Yes Yes*
Internet bid in real time during the auction Yes Yes
Telephone bids Yes Yes
11.14 Bids may be submitted as follows in relation to the type of auction that occur:
Uppsala Auktionskammare Terms and Conditions for Buyers
as of 27 October 2021
5
precedence over other specifications and UAK is entitled to
assume that the auction number is listed correctly without
checking with the Bidder.
13.7 The submission and the possible revocation of a
written absentee bid is made at the Bidder’s own risk and
UAK is not responsible for any delays resulting from errors,
delays in telecommunications or data transmission, or any
other technical disruptions. Neither is UAK responsible for
any damages that may occur if UAK neglects to execute
a written absentee bid. Anyone who surely wants to
participate in an auction is therefore invited to attend the
auction in-person in the auction hall.
14. Specifics about Internet bids submitted before the
hammer auction begins
14.1 Before the hammer auction begins, absentee bidding
via Internet may be received both for the Important Sales
and for the Decorative Sales. Different rules apply, however,
for bids made at the different types of auctions, as explained
below, including that internet bids may not be revoked in
the context of the Decorative Sales.
14.2 Absentee bidding via the Internet requires that the
Bidder has an Internet customer account registered with
UAK. Application for Internet customer account must be
made well in advance of the actual auction.
14.3 For Important Sales, absentee bidding via the Internet
must be submitted to UAK no later than 15 minutes before
the time announced for the start of the auction. UAK is
entitled, but not obligated, to also accept bids which are
submitted after such time. Absentee bidding via the Internet
for Decorative Sales must be submitted to UAK no later than
immediately before the time announced for the start of the
auction.
14.4 The Bidder can check under “My Bids” which is found
under “My Pages” on UAK’s website whether an absentee
bid which has been submitted via the Internet has been
registered.
14.5 When a Bidder submits an absentee bid via the
Internet, UAK will bid on behalf of the Bidder in the most
favourable manner possible, up to the maximum bid.
14.6 On the Decorative Sales (but not on the Important
Sales), the bidding is reported on the UAK website also
ahead of the auction transferring to a hammer auction
without the apparent identity of the bidder and without the
maximum bid submitted being disclosed. The Bidder who
has submitted the highest bid at the time when a Decorative
Sale turns into a traditional hammer auction shall procure
the lot if no higher bid is submitted in the auction hall,
through the Internet in real time, or via telephone. During
the hammer part of the auction, absentee bids previously
received via the Internet will be monitored in the same
manner, up to the specified maximum bid, as bids received
in connection with an Important Sale.
14.7 An absentee bid via the Internet that relates to an
Important Sale may be withdrawn no later than three hours
before the start of the auction that includes the actual lot.
Any revocation must be made via the Internet.
14.8 Since the Decorative Sales are conducted as open
auctions where incoming bids are continuously presented,
any bid submitted via the Internet in relation to such auctions
may not be withdrawn and is therefore non-revocable.
14.9 The Bidder is responsible for purchases that are
completed by means of an absentee bid via the Internet,
even when such purchases are the result of a bid being
unclear or incorrect due to errors in writing or for any other
reasons.
14.10 The submission of absentee bids via the Internet and
any possible withdrawal of such bids (where withdrawal is
allowed according to the aforementioned terms) shall be
made at the Bidder’s own risk and UAK is not responsible
for any delays resulting from errors, delays, or inadequacies
in telecommunications or data transmission, or any other
technical disruptions. Neither is UAK responsible for any
damages that may occur if UAK neglects to execute an
absentee bid via the Internet. Anyone who surely wants to
participate in an auction is therefore invited to attend the
auction in-person in the auction hall.
15. Specifics about Internet Bidding in Real Time During a
Hammer Auction
15.1 Internet bidding in real-time during a hammer auction
may be made both for the Important Sales and for the
Decorative Sales.
15.2 Bidding via the Internet in real time entails that the
Bidder participates in the auction during real time via the
Internet.
15.3 Bids via the Internet in real time require that the
Bidder has an Internet customer account registered with
UAK. Application for Internet customer account must be
made well in advance of the actual auction.
15.4 Bids via the Internet in real time are binding and
irrevocable until a possibly higher bid has been submitted.
15.5 The Bidder is responsible for purchases that are
completed by means of a bid which is linked to the Bidder’s
log in real time, even when such bid, for example, has been
given by mistake.
15.6 Bidding via the Internet in real time shall take place
at Bidder’s own risk and UAK is not responsible for any
delays resulting from errors, delays or inadequacies in
telecommunications or data transmission, or any other
technical disruptions. Anyone who surely wants to
participate in an auction is therefore invited to attend the
auction in-person in the auction hall.
16. Specifics about Telephone Bids
16.1 Telephone bids may be made both for the Important
Sales and for the Decorative Sales.
16.2 Bidding by telephone means that the Bidder
participates in the auction in real time by telephone.
16.3 Bidding by telephone assumes that the Bidder informs
UAK of his or her intent to participate in this manner, at the
latest by 18:00 (Swedish time) the day before the actual
auction day, while additionally UAK has the capacity
to receive the telephone call by means of an available
telephone line.
16.4 A Bidder who applies to participate by telephone shall
indicate, in his or her application, the lots on which the
Uppsala Auktionskammare Terms and Conditions for Buyers
as of 27 October 2021
6
Bidder wants to bid over the telephone and the telephone
number where the Bidder wishes to be called during the
auction. UAK shall confirm by e-mail a Bidder’s registration
to telephone bidding.
16.5 A person who applies to bid by telephone commits to
bid at least the estimate (lower estimate if a range is provided)
for the lots that the Bidder stated in the application.
16.6 Bids submitted by telephone are binding and
irrevocable until a possibly higher bid has been submitted.
16.7 The Bidder is responsible for purchases that are
completed as a result of an unclear or incorrect telephone
bid.
16.8 Telephone bidding shall be conducted on the Bidder’s
own risk and UAK is not responsible for interruptions, delays
or other disruptions in telecommunications transmission
or any other technical disruptions that prevent or hinder
bidding. UAK is not liable for damages that may occur if UAK
omits to call up a Bidder who signed up to participate by
telephone bidding. Anyone who surely wants to participate
in an auction is therefore invited to attend the auction inperson in the auction hall.
16.9 During a phone bidding process, UAK retains the right
to record calls for documentation purposes.
17. Purchase Transfers
17.1 Purchase transfers or other assignments regarding
a person other than the winning Bidder on a lot are not
permitted.
18. Purchasing Fees
18.1 When buying at the Important Sales, a bidder
commission of 22.5 percent including VAT (18.0 percent
excluding VAT) is added to the hammer price.
18.2 When buying at the Decorative Sales, a bidder
commission of 22.5 percent including VAT (18.0 percent
excluding VAT) is added on the hammer price. On the
Decorative Sales, an additional fixed fee of 50 SEK including
VAT (40 SEK excluding VAT) will be applied for every lot sold
at the auction.
18.3 Value-added-tax (VAT) is payable on commissions and
fixed fees but not on the hammer price. No input VAT may
therefore be deducted from the hammer price.
18.4 On the lots submitted from outside the EU, an
additionally import VAT of currently 12.0 percent applies.
Lots which are affected by this are specifically marked on the
UAK website.
18.5 For lots that are protected by copyright law (usually
this includes glass, prints, ceramics, paintings, furniture,
silver and textiles, but not objects produced in more than
a limited number of copies), the rules on compensation for
resale rights as found in sections 26 n – 26 q of the Swedish
Law (1960:729) on Copyright in Literary and Artistic Works
(the so-called Droit de suite or the resale rights) will apply.
Compensation is payable up to a maximum of five percent
and is charged for lots sold during the originator’s lifetime
or 70 years thereafter. Compensation is not payable on
sales where the hammer price is less than five percent of
“prisbasbeloppet” (currently 2,380 SEK). Lots subject to
resale rights are marked in the auction catalogues with the
letter “D”.
18.6 The Bidder’s commission fee and, where appropriate
the fixed fee and/or the fee related to resale rights along with
the applicable import VAT, if any, shall be paid by the Buyer.
19. The Auction Results
19.1 The Bidder is required to verify if any submitted bid
resulted in a purchase.
19.2 After the auction, the buyer will receive a written
confirmation by e-mail or post about any successful
purchase.
19.3 The list of the final prices is published on the UAK
website.
20. Payment
20.1 All payments shall be made in Swedish crowns (SEK).
The Buyer is responsible for any exchange fees and currency
fluctuations.
20.2 Full payment of auction lots shall be provided to UAK
no later than ten calendar days after the last auction day of
the auction round where the lot was sold.
20.3 Payment shall be made either by deposit in the UAK
bankgiro account, plusgiro account or bank account or by
Swedish bank card or by some major credit cards. When
paying by card, the credit-card transaction fee levied by the
credit card company (up to 2.5 % of the total) will be added.
UAK does not accept cash payments.
21. Non-payment
21.1 If full payment is not received on time, UAK will charge
interest at 24 percent per annum on any outstanding
amount. UAK also retains the right to charge a late-payment
fee, in accordance with Swedish Regulation (1981:1057) for
the compensation of debt recovery costs. UAK is additionally
entitled to compensation for reasonable expenses resulting
from debt collection and the performance of any other legal
services in connection to proving and enforcing the claim
and the recovering thereof.
21.2 In case of non-payment, UAK may also exercise at
its discretion its rights by either immediately or at a later
time cancel the sale and claim compensation for damages
(including reimbursement of reasonable legal expenses)
or without special notification to the Buyer sell, on its
own or by external means, on the Buyer’s behalf the lot in
question whether in the course of an auction or as otherwise
deemed fit. If such event occurs, UAK alone may determine
the estimate and reserve price to be applied, including
the option that no reserve price shall be applied. When
exercising its rights, UAK shall act reasonably and provide
reasonable attention to the Buyer’s interests in relation
to the sale. If a lot is sold in this manner, UAK shall retain
payment of outstanding claims and the costs of the sale
from the purchase price. Any excess amount shall be paid to
the Buyer. If the sale price is insufficient to cover UAK’s debts
and selling costs, the Buyer is obligated to pay the difference
therein.
Uppsala Auktionskammare Terms and Conditions for Buyers
as of 27 October 2021
7
22. Retrieval
22.1 The Buyer must retrieve the auctioned lots no later
than ten calendar days after the last auction day of the
auction round when the lot was sold. No lots may however
be retrieved before full payment has been provided to UAK.
If UAK, as an exception, allows payment to the Consignor
before the Buyer has paid to UAK, the Consignor assigns the
ownership of the lot to UAK.
22.2 If a lot is not retrieved within the prescribed period,
UAK will charge a storage fee of 50 SEK including VAT (40
SEK excluding VAT) for each calendar day that the lot is not
retrieved. For furniture and other bulky lots, a double storage
fee will be charged. Alternatively, UAK retains the right to
send lots not picked up on time to a forwarding company
for storage. The Buyer shall then be liable to pay the actual
costs charged by the forwarding company. In addition, the
rules in the Swedish Act (1985:982) on merchant’s right to
sell goods which have not been retrieved shall be applied.
22.3 UAK also retains the right to sell, on its own or by
external means, at auction or otherwise, a lot that is not
picked up within 30 calendar days from the last auction
day of the auction round where the lot is sold. At such sale,
the relevant paragraphs concerning “non-payment” from
section 21 shall apply.
22.4 UAK’s liability for sold lots is limited to the lowest of
the hammered price together with the bidder commission
with additions and 10,000,000 SEK per lot. For lots that are
not retrieved in due time, UAK carries no liability after the
ten-day collection period. Consequently, any auction lot
that is not collected in due time will be stored at the buyer’s
risk.
22.5 The transportation of auction lots from the UAK
premises to the Buyer shall be paid by the Buyer. It is the
responsibility of the Buyer to arrange such transportation
whether by him or herself or with the help of a third-party.
UAK may assist with arranging transportation, but it assumes
no responsibility for the performance of any transportation
services. The risk associated with a purchased lot transfers
to the Buyer when the lot is transferred out of the UAK
premises, if the transfer of risk has not already passed to the
Buyer under article 22.4. The buyer is consequently advised
to ensure that any transportation service is adequately
insured. If UAK undertakes in exceptional circumstances
to execute the transportation of a lot to the Buyer such
transportation shall be at the Buyer’s risk.
22.6 UAK has the right to withhold a sold lot if a person other
than the Buyer claims ownership or other rights to the lot
and it is not obvious who is the rightful owner or otherwise
has the right to dispose of the lot. The right to withhold the
lot shall continue to apply until such time as there is a final
and binding judgment or agreement establishing who was
entitled to the lot.
23. Force majeure
23.1 UAK is not responsible for damages caused by
circumstances that UAK had not known or could not have
foreseen, for example such as changes in legislation,
government action, currency restrictions, war or
terrorist acts, pandemic, extreme weather, fire or other
accidents, errors in transmission or networks, shortages of
transportation, general shortage of goods, lockouts, strikes,
boycotts and blockades or other similar circumstances.
These provisions apply regardless of whether the failure
occurs in Sweden or abroad. In respect to strikes, lockouts,
boycotts and blockades, the reservation applies even if
UAK has taken, or is subject to, such actions. To relieve UAK
from its obligations, the circumstances should prevent or
significantly hinder UAK meeting its obligations in a timely
manner.
23.2 If UAK’s performance of certain obligations is delayed
by more than 180 calendar days due to a force majeure, the
Buyer may cancel the current purchase without liability.
The termination must be in writing. Upon such termination,
neither UAK nor the Buyer is entitled to compensation from
the other party.
24. Rights to Photographs
24.1 UAK ordinarily photographs the auctioned lots. UAK
retains the right to reproduce, without the permission of or
compensation to the Buyer, such representation of sold lots
in its promotional materials or in any other context it deems
fits and it may further disclose the price at which such lots
were sold.
25. Video and Audio Recording
25.1 UAK retains the right to conduct audio or video
recordings on its display facilities and auction premises.
UAK shall also be entitled to record telephone and video
calls and such like in which UAK participates. Such video and
audio recordings may only be used in relation to disputes or
criminal investigation.
26. Signing of documents, communications with UAK
26.1 Signing of documents may be executed, either in the
traditional way by wet ink or, if so approved by UAK, by
secure electronic signing (BankID or similar device).
26.2 UAK is not responsible for any damage that may occur
as a result of interruptions or delays in telephone and data
communications, general mail traffic or if it is not possible
to contact UAK for any other reason. All communications to
UAK are thus made at the risk of the sender.
27. Personal Information, Money Laundering etc.
27.1 UAK’s treatment of Personal Information is regulated
by the EU General Data Protection Regulation1
.
27.2 Any personal information that is submitted by the
Bidder to UAK may be used by UAK and service providers
retained by UAK in the administration and fulfilment of
UAK’s contractual obligations whether in relation to the
Buyer, other customers, the auction business of UAK in
general or to fulfil any such obligations required by law (for
1 Regulation (EU) 2016/679 of the European Parliament and of the Council of
27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing
Directive 95/46/EC (General Data Protection Regulation).
Uppsala Auktionskammare Terms and Conditions for Buyers
as of 27 October 2021
8
example disclosure requirements under tax law) or to fulfill
obligations of public interest (for example cultural history
documentation including provenance information and
criminal investigations etc.). Personal data that is submitted
by the Bidder to UAK may be used by UAK for market or
customer analysis, for statistics purposes and for marketing,
such as sending newsletters and invitations to events. For all
of the purposes thus specified, personal data may be shared
with third parties, however only to the extent necessary in
the specific case. UAK does not sell or in any other way share
any personal information with third parties for third parties’
marketing. UAK may also not use any personal information
for the purpose of general marketing by telephone. Personal
information may be shared with an external dispatcher in
order for the dispatcher to act as required by these Terms
and Conditions, however only to the extent necessary in the
specific case.
27.3 The Bidder agrees to the treatment of personal
information as set out in these Terms and Conditions. The
Bidder also agrees that personal data collected from the
Bidder may be supplemented with information obtained
from public and private sources.
27.4 For UAK to fulfil obligations required by public interest,
personal information that is submitted by the Bidder to UAK
may be saved for more than ten years.
27.5 Those wishing to correct or receive information
about their personal data processed by UAK or to request
that the personal information is not used for marketing
purposes may request this in writing free of charge to the
following address: Uppsala Auktionskammare, Attention
Personuppgiftsansvarig, Box 184, SE-751 04 Uppsala,
Sweden.
27.6 UAK is applying the Swedish Act (2017:630) on
Prevention of Money Laundering and Terrorist Financing
in relation to its entire business. This Act implements
mandatory EU-directives. Additional personal information
can consequently be handled by UAK.
27.7 In addition to what’s been stated in this paragraph,
UAK applies a specific data protection policy. This policy
is available at www.uppsalaauktion.se. In the event of any
conflict between this Terms and Conditions and the data
protection policy, this Terms and Conditions shall apply.
28. Confidentiality
28.1 UAK undertakes to retain and treat a Bidder’s personal
and business information in a confidential manner and only
to disclose such information to third parties in relation to
criminal investigation or as otherwise required by law. The
confidentiality may, however, be breached to the extent
necessary to deter or prevent crime and to protect UAK’s
interests in connection with disputes, potential disputes and
legal proceedings.
29. Consumer Protection Legislation
29.1 To the extent that mandatory Swedish consumer
protection legislation such as the Swedish Consumer Sales
Act (1990:932), contains conditions that are more onerous to
the Bidder than these Terms and Conditions, the conditions
of the mandatory legislation apply instead, provided that
the Bidder acted as a consumer.
30. Code of Ethics
30.1 In addition to these Terms and Conditions, UAK shall
apply the ethical rules that are promulgated from time to
time by the Swedish Association of Auctioneers. These rules
are available on www.auktionsforeningen.se.
31. Language
31.1 These Terms and Conditions are available in Swedish
and English. In the event of any discord between these, the
Swedish version shall prevail.
32. Modification of Terms and Conditions
32.1 Any individual changes or additions to these Terms
and Conditions are only valid if they are confirmed by UAK in
writing.
32.2 UAK may modify these Terms and Conditions at any
time. An amendment shall enter into effect when it has
been published on the UAK website and it shall apply to
bids submitted after the effective date. Unless compelling
reasons dictate otherwise, the general terms and conditions
applicable to a particular auction will not change after the
catalogue for that auction has been published.
32.3 It is the responsibility of the Bidder to keep him or
herself updated about the current applicable version of
these Terms and Conditions.
33. Dispute Resolution and Applicable Law
33.1 Any disputes shall be settled in accordance with
Swedish law by a Swedish court with the District Court of
Uppsala as the court of first instance. UAK is also entitled, but
not obligated, to bring legal proceedings against the Bidder/
Buyer in a court where the Bidder/Buyer is domiciled. If the
Bidder/Buyer is sued where he is domiciled, UAK has the
right, to the extent possible, to choose whether the dispute
is to be decided under Swedish law or the law applicable
where the Bidder/Buyer is domiciled.
33.2 To the extent that Swedish law permits, UAK retains
the right to determine that a dispute, instead of being taken
to court, shall be settled by arbitration pursuant to the
following arbitration clause:
Any dispute, controversy or claim arising out of or in
connection with these standard Terms and Conditions and
any individual alterations or additions thereto, or the breach,
termination or invalidity thereof, shall be finally settled by
arbitration in accordance with The Swedish Arbitration Act
(1999:116). The seat of arbitration shall be Stockholm. The
language to be used in the arbitral proceedings shall be
Swedish. In assessing whether there are reasons to refer
a dispute to arbitration, UAK shall consider inter alia the
amount in dispute, the complexity of the dispute, the need
for a quick and/or confidential procedure and any other
good reasons. UAK undertakes to exercise its rights under
this paragraph reasonably.
Uppsala Auktionskammare Terms and Conditions for Buyers
as of 27 October 20219
34. Export Permits
According to the Swedish Law (1988:950) concerning cultural
heritage etc., permits are required for the export of some
older Swedish and foreign cultural goods from Sweden. For
exports to countries outside the EU, it may also be necessary
to obtain a permit under Council Regulation (EC) No 116/2009
on the export of cultural goods. Applications should be filed
with the Swedish National Heritage Board, PO Box 5405, SE114 84 Stockholm, Sweden. UAK will provide the legislative
text and the application forms. Further information can be
obtained directly from the Swedish National Heritage Board
(Riksantikvarie?mbetet). Such information is also available
on the National Heritage Board’s website www.raa.se.
Whoever takes artifacts out of Sweden is responsible for
applying and obtaining any necessary permits. UAK does
not accept any liability for ensuring that necessary permits
are received and the denial of a permit does not constitute
grounds for refusing to carry out a purchase or to terminate
a purchase.
The export of cultural goods without a permit is a violation of
the Swedish Act (2000:1225) on Penalties for Smuggling and,
if the offense is deemed serious, may lead to a sentence of
up to six years in prison. Cultural objects taken illegally out
of the country may also be forfeited to the Swedish Crown.
Certain licensing authorities may determine, by means of
preliminary prior assessments of the lots to be sold in some
auctions, which lots may be subject to an export ban if a
permit or license is thereby sought. Such determination is to
be interpreted as an act of service and is not binding on the
respective authorities. Export permits must consequently
be sought for all artifacts that require permits to be taken
out of the country regardless of whether they have been
assigned a prior assessment or not. Permits must therefore
also be sought for objects that have not been assigned any
preliminary export ban because of a prior assessment.
Although any prior assessments completed by licensing
authorities are not binding, the Bidder should nonetheless
inform him or herself of any prior assessments that the
licensing authorities have conducted. Any preliminary
assessments will be reported on the UAK website after UAK
has received the information from the licensing authorities.
Such information may sometimes be received late.
Entry into Force
These Terms and Conditions shall apply to auctions that are
held after 26 October 2021.
? Uppsala Auktionskammare
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