Auction Network Sweden AB (”Auctionet”) offers an electronic marketplace (”The Service”) whereby a client (”the Client”) can buy items a following the general terms (”General Terms for Buying”). The items are offered for sale by companies which are connected to Auctionet. The Terms, including the attached price list and other policies that are included in the terms, comprise the complete agreement regarding the usage of the Service. If the Client does not agree with these terms, the client is by no means allowed to use or get access to the Service.
Auctionet’s responsibility is to provide the website www.auctionet.com as the marketplace where all the associated auction houses (”the Sellers”) can offer the consigned items for sale. It is thus the auction house, the Seller, which is liable for any defects and handles all questions and complaints regarding an item.
The client registers by filling out the registration form. The Client must enter accurate personal data and contact details and make sure the information is updated.
Once the registration is completed the Client automatically undertakes to comply with the Terms and conditions stipulated for the Service. In the case when a Client is a legal entity, Auctionet requires that the person authorized by the board to sign agreement on behalf of the Company also is contact person and fully responsible for all transactions registered on this Client. A client account is primarily created for the Service’s basic functions. To submit bids the Service requires the completion of personal data and contact details. The Service is not available for, and may not be used by; persons under 18 or for other reasons have limited legal capacity or temporarily or permanently disabled Clients.
The Client is responsible for all implemented actions carried out under the login in the Client's name and password, and the Client is only entitled to use the Service under their own login name or email address and password. The customer shall make sure that the password is kept confidential and that no outsider is able to access this. The Client may not allow, directly or indirectly, to third parties using his login name or email address and password. The password must be changed immediately if there is reason to suspect that such information has been disclosed or otherwise misused.
Auctionet safeguards stored personal data. Auctionet uses several techniques and third party data in order to continually monitor the accuracy of the information the Customer supplied when registering with the service and whilst the service is used.
3. Use of Personal Data
The personal data are used to provide, administer and monitor the Service and your use of the Service, as well as to prevent abuse of the Service (see also paragraph 12 of these terms). The Clients personal information is also used to provide more effective support and to continuously improve our content and product offerings, and customize the Service's content, layout and services. Furthermore, the Customer's personal information is used for administrative purposes for example invoicing and to send important information to the customer, regarding a change in fees or updating the price list or Terms.
By accepting the terms, the Client consent that Auctionet may use the personal data for the above purposes and to make contact and provide information to the client specifically tailored to his interests, such as targeted banner, advertisements, administrative notices, product offerings, newsletters, and other information relevant to the Client’s use of the Site. If the Client does not wish to receive this information, he may opt out by informing us in writing. The customer also consent to that the personal data are processed by third parties who at times may be engaged to provide certain services to Clients, for the purposes specified above. External services, for example, function as web, conveyor or information providers to the Clients. Companies will only have access to such personal data as necessary to the performance of its obligations. All such companies are bound by the agreement and agree to not use the information for other purposes.
According to the Personal Data Act the Client evokes its consent to the processing of his/her personal data. The customer also has a statutory right to free, once per calendar year, address a written signed request to Auctioned, and get information about the personal data on him/her as Auctionet treats and their handling. The customer is also entitled to by law to request correction of the personal data that Auctionet deal about him/her.
4. Description of the Item/Estimate
The estimates stated under the object specification are starting bids only and are based on a market valuation of the object before the auction and shall only serve as guidance to the Client. The price at which an object is eventually sold at may exceed or end up below the estimate. Details of the items described are subject to change due to intervening circumstances. Any changes or additions will be specified in item description. In cases where a change can be considered material to the value Auctionet reserves the right to remove the item from the Service and may return with new auction list.
5. Making a Bid and buying at internet auction
All transactions of sold and received items are settled and made in Swedish kronor (SEK). All charges added to these articles are in Swedish kronor (SEK).
Customers who wish to participate in the bidding shall be entitled to participate if he /she meets and approve with the conditions.
It is by no means allowed to participate in the bidding of their own submitted articles or to manipulate the bidding by proxies.
Bidder is entitled to bid at least equal to the amount stated in the auction, or make a bid equal to the maximum amount the bidder is willing to pay for the item ("maximum bid"). When a bidder uses the opportunity to place a maximum bid, the Service will automatically start a bidding butler ”budbetjänt” offering, as economically as possible, the bidder's behalf up to maximum bid. The winning bid may therefore be lower than the specified maximum bid. If an auction ends with two equally high bids, the first incoming bid to the Service is the winner. If a bidder places a bid lower than the reserve price, the service automatically start budbetjänten, which will be bid up to reserve price or to the maximum bid, whichever comes first. A bid is successful if it equals or exceeds the reserve price. All bids are binding on the bidder. A binding contract is established between Auctionet and the bidders after the auction has ended have placed the winning bid (the "Buyer"). Appropriate conditions for the buyer appear from these Terms.
For all purchases via www.auctionet.com, a buyer and seller commission will be added for each auction items well as possibly a hammer fee, see separate price list in the Terms. Commission and any fees charged in accordance with the price list are taken in effect following the completion of the application of the Service.
Buyer shall pay all fees which may be attributed his use of the Service and all applicable taxes in connection therewith. Payment and collection shall be made within five (5) calendar days after the auction end time. A receipt is obtained in connection with payment of Seller's auction house. If payment is made through the Service a receipt is obtained electronically. If payment is not made within five (5) calendar days after the auction takes Auctionet right to (i) require completion of the purchase is made and claim interest corresponding discount rate plus 8% and a late payment fee, or (ii) cancel the purchase and compensation for damage. Then Auctionet has the right to resell the item on Purchaser's behalf, without prior notice thereof to the Buyer to the exclamation and the reserve price that Auctionet deems appropriate. At resale takes Auctionet entitled to deduct from the amounts approved utilize compensation for claims and the costs of selling the item. After deduction any excess amount will be reported to the Buyer. If the sales price was insufficient to cover Auctionets claims and expenses for resale, the Buyer shall pay the difference.
7. Resale right (Droit de Suite) and artist fee
According to copyright law (Sweden: 1960:729) and EC Directive (2001/84/EC), “droit de suite” is a fee for the resale rights of the author of works of art and utility works. Resale rights are a copyright compensation to the artist (author) during his lifetime and then to his heirs for seventy years (70) following the year the artist died. The fee is based on the hammer price and follows fixed percentages up to a maximum. The buyer will pay this. See price list. Objects covered by the artist fee are on the Service reported on each item page.
8. Collection and Transport
Collection or order of transport for purchased items can be made only after settlement of invoices and no later than five (5) calendar days after the auction has closed. When items are not collected within the prescribed time a storage and handling fee will be charged price list. Items which are not removed within eight (8) calendar days from the auction then the Seller may, at Buyer's expense transfer to the Auctionet hired storage company or or to resell in accordance with the conditions set out in paragraph 6 above or dispose of the object.
9. Responsibilty for Defects/mistakes
All lots are sold ”as-is”. It is the responsibilty of the Client to prior to the auction carefully examine and assess the condition and quality of the items. The information given in the description of the item regarding the artist, authenticity, age, provenance, technique or condition is only guidance to the Client’s examination of the objects. If significant information is directly misleading, this can be the basis for cancellation of the purchase. The Seller and Auctionet are under any circumstance not responsible for natural wear and tear, damage and defects, any mounting of canvases, frames, fitness, natural changes in materials, like for example bleaching of paper and cracks in wood. The technical function of watches and watch movements, mechanical or electrified / battery-powered items will not accept responsibility.
For the content of an auction item, comprising a portion of the object no responsibility is accepted. The seller has the right to correct such errors in sold items that seller has to assume responsibility for. If rectification is not made within a reasonable time after the complaint is made own the Buyer may cancel the purchase and a return of the item will be refunded equal to the purchase price. Any errors should be given immediately after the buyer discovered or should have discovered it, but within two (2) months after the defect was discovered. Seller's liability to the Buyer for mistakes is limited to a price reduction or to a maximum refund the hammer price plus commission and VAT and any other charges. The Seller or Auctionet shall have no liability for direct or indirect damage that the Purchaser may suffer more than what is stated in mandatory consumer right conditions.
Auctionet, Sellers, affiliated companies, managers, directors, agents and employees, do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Service may be affected by many factors beyond Auctionets control. Service is provided without warranty and to the extent permitted by law Auctionet disclaims all warranties or other obligations, both legal and otherwise, including but not limited to, obligations with respect to skill and professional workmanship or requirements relating to performance in time.
10. Force majeure
Auctionet is not responsible for any loss incurred by the Buyer if Auctionet is unable to perform certain obligations under the Terms because of an act of war, labor disputes, governmental action, fire or other accident or circumstances which is outside the control of Auctionet or which Auction could not predict. The buyer has the right to cancel the purchase if the seller or Auctionet unable to perform certain obligations under the Terms as a result of force majeure continues for more than three (3) months.
11. Use of Personal Data
Auctionet follows the rules of the Swedish Personal Data Act (1998:204), the Finnish Personal Data Act (523/1999) and the Finnish Act on Data Protection in Electronic Communications (516/2004) concerning the examination and registration of personal data. Auctionet, would like to inform about Auctionets processing of personal data and the purposes for which this is done, and to inform about their rights under the Data Protection Law. Personal data submitted in connection with the administration of an assignment for the purchase or likewise contract with a Client or entering into a contract with Auctionet, processed by Auctionet for administration and performance of Auctionets obligations attributable to the auction business and statutory obligations. Personal information may also be processed for market and client analysis and statistics and for marketing purposes. Personal information may be supplemented by obtaining information from public registers. Other companies hired to deliver the goods, and sometimes some services to the Client. These companies may be auction houses or as act as webhost or act as intermediaries to send information to the Customer. Companies will only have access to such personal data as necessary to the performance of its obligations. All such companies are bound by the agreement and agree to not use the information for other purposes. Anyone who does not want his / her personal data are processed for the purposes of direct marketing can be written notice to Auctionet and anyone who is interested in information or correction of their personal data which are processed by Auctionet, may submit a written request to Auctionet.
Notices from us to the Client is found on the Service and/or sent to the email address that is registered on the Service.
Notices from the Client to us must be sent in the manner described on the Service.
Messages on the Service are regarded as submitted to the Client as soon as the messages are made available.
Messages sent by e-mail or fax are deemed to be submitted to the other party immediately after sending. Messages sent by ordinary mail are deemed to have been the other party to provide three (3) days of the dispatch.
13. Term of Contract
These Terms will take effect once the Client has registered with the service and is valid until further notice. A Client who has been suspended from the service following a breach of the Terms has no right to re-register or use the service through another Client's login. Auctionet is entitled, at its own sole discretion, decide to cease providing the Service.
14. Changes in Terms
Auctionet has the right to change these Terms by notifying the Client or by the announcing the change of conditions on the website. Clients will be bound by the new conditions after 30 days following the change or by accepting the new terms electronically. Furthermore Auctionet has the right to change the price list if a prior notice has been given. Such changes of fees will be valid ten (10) days after the notification has been publicized or by a later given date. Auctionet has the right to temporarily change the prices in connection with for example a PR campaign.
15. Transfer of Ownership
Auctionet is entitled to assign the contract governed by these Terms and Conditions between us and the Client including but not limited to, all or part of the rights attaching thereto, and/or obligations to third parties. In the event of transfer Auctionet will announce who has taken over the conditions, rights and/or obligations following the transfer through notice on the Service or by e-mail. If Auctionet leaves Terms to a third party, this person has the right to provide the same or similar services on another website. A Client may not assign its rights and obligations under the Terms to any third party.
16. Difference of Opinion
These terms follow under Swedish law. Disputes regarding the validity, interpretation, applicability or application of the User Agreement and these Terms, and legal relations arising therefrom, shall be settled by the courts of which the Stockholm City Court shall be the first instance.
These terms are in effect as of November 15th, 2011.