Changes from the previous version of our terms
- We have made it more clear which terms apply to withdrawal from a purchase.
- We have changed our pricing.
Auction Network Sweden AB, reg. no.556859-5150, (“Auctionet”) offers an electronic market place via the Internet (the "Service") on the website www.auctionet.com (the "Site") for auction houses which, apart from holding an auction on the premises of the auction house, also wish to hold auctions on-line (each an "Auction House"). Each auction is also held on the premises of each Auction House. Auction Items are sold to customers by those Auction Houses which are listed on the Site.
Auctionet is only a provider of the Service and administrator of the Site. Auctionet shall by no means be regarded as seller of the Auction Items provided through the Service and the Site. Instead, a Customer who purchases an Auction Item by winning the relevant auction (the "Winning Customer"), will purchase the Auction Item from the Auction House which has held the auction. Therefore, the Winning Customer will enter into a binding purchase agreement regarding the Auction Item with the specific Auction House on the Terms of Purchase stated below. The relevant Auction House will therefore be responsible for any defects and for receiving and handling complaints regarding the Auction Item in relation to the Winning Customer. Auctionet will not be liable to the Winning Customer for complaints regarding the Auction Item. Auctionet will only be liable to a Customer for complaints regarding the Service or the Site.
1.1. REGISTRATION TO USE THE SERVICE
In order to use the Service and thereby to be able to participate in an auction and purchase Auction Items, the Customer must register a user account. By filling out the registration form the Customer will be able to register as user of the Service. The Customer undertakes to provide current and accurate personal data and contact information in the Customer's user account, and to keep the information in the account updated.
1.2. USE OF PERSONAL DATA
1.3. USING THE SERVICE
When logged onto the Service under the Customer's name and password, the Customer is responsible for all actions performed during the login. The Customer is only entitled to use the Service by using his or her own username or e-mail address and password. The Customer shall keep the login information in a safe manner and shall ensure that the information is not made available to third parties. Furthermore, the Customer may not allow third parties to directly or indirectly use the Customer's login information without the Customer's consent. The password must be changed immediately if there is reason to suspect that the information has been disclosed or otherwise can be misused.
1.4. AVAILABILITY AND ACCESS TO THE SERVICE AND THE SITE
Auctionet has the right, whenever and at its own discretion, to decide to cease to provide the Service at any time.
Auctionet cannot guarantee a continuous, uninterrupted or secure access to the Service and the Site. The operation of the Service and the sIte can be interrupted by factors outside Auctionet's control. The Site and the Service are provided "as is", "as available" and "with all faults" basis. To the fullest extent permissible by law, Auctionet makes no representations or warranties or endorsements of any kind whatsoever, express or implied, as to the Site or the Service or the security associated with the transmission of information to or via the Site and the Service. In addition, Auctionet hereby disclaims all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, system integration and freedom from computer virus, unless caused by gross negligence or intent. This disclaimer does not exclude Auctionet's liability under mandatory legislation.
Auctionet does not represent or warrant that the Site and the Service will be error-free or uninterrupted; that defects will be corrected; or that the Site and the Service or the server that makes the Site and the Service available is free from any harmful components, including, without limitation, viruses. Auctionet does not make any representations or warranties that the information (including any instructions) on the Site or the Service is accurate, complete, or useful.
Auctionet shall not be responsible for direct or indirect damages that may affect Customers through use of the Service and the Site if the damage occurs as a consequence of operational interruptions or other interruptions in tele-, computer-, or other communication links, computer equipment, computer systems, software or defects or lack of compatibility between computers or other reasons outside Auctionet's control, including any damage to any Customer's computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction. Furthermore, Auctionet shall not be responsible for defects or damages caused by the wrongful or unauthorized use of customer numbers, or passwords.
The above does not apply in the event the damage is caused by gross negligence or intent. This disclaimer does not exclude Auctionet's liability under mandatory legislation.
Messages to the Customer will be posted on the Site and/or may be sent directly to the e-mail address registered by the Customer in the Customer's user account.
Messages to Auctionet shall be sent as stated on the Site.
1.9. GOVERNING LAW AND DISPUTE RESOLUTION
2. TERMS OF PURCHASE
These Terms of Purchase apply between the Customer who has purchased an Auction Item on the Site (the "Customer/Winning Customer") and the Auction House which has held the auction and sold the Auction Item. A Customer may only participate in an auction for an Auction Item if the Customer agrees to be bound by these Term of Purchase.
A Customer must be 18 years or older in order to be able to purchase Auction Items. Purchases may not be made by persons under the age of 18 or by anyone who for another reason has limited legal capacity or by temporarily or permanently suspended Customers.
2.1. ITEM DESCRIPTION/STARTING BIDS
The starting bid stated in the item description of the Auction Item is provided by the Auction House, and is based on the Auction House's market evaluation of the Auction Item. The starting bid should only serve as guidance for the Customer. The price at which all Auction Items are finally sold can substantially exceed or be below the starting bid. Information stated in the item description may be changed by the Auction House due to intervening circumstances. Any changes or additions will be specified in the item description. If the Auction House has reason to consider that a change is to be considered as essential to the value of the Auction Item, the Auction House reserves the right to remove the Auction Item from the auction and the Service as well as the right to possibly re-post the Auction Item to the auction and the Service with a changed item description.
2.2. BIDDING AND PURCHASING AUCTION ITEMS
Auction Items are sold and paid for in the currency specified on the Site. All additional charges for the Auction Items are specified in the same currency, if not expressly stated otherwise.
The Customer can submit a bid by logging in to the Customer's user account on the Site and by filling out the applicable section for bidding on the relevant item page of the Auction Item. In addition, the Customer can submit a bid on the premises of the relevant Auction House.
It is not permitted to participate in bidding for Auction Items which have been submitted by the Customer him/herself or to manipulate the bidding by letting a third party bid by proxy.
The Customer has a right to submit a bid which at least amounts to the amount stated in the auction, or to submit a bid that amounts to the highest price which the Customer is willing to pay for the Auction Item (the "Maximum Bid"). If the Customer chooses to use the possibility to submit a Maximum Bid, the Service will automatically start bidding by proxy, bidding as favorably as possible on the Customer's behalf up to the Maximum Bid. The winning bid can therefore be lower than the submitted Maximum Bid. The first bid that was submitted to the Service will win if the auction ends with two equally high bids. The Service will automatically start bidding by proxy if the Customer submits a bid lower than the reserve price, and will bid up to the reserve price or to the Maximum Bid, depending on which comes first. A Customer will win if the bid equals or exceeds the reserve price. All bids placed are binding for the Customer. After the auction has ended, the Customer having submitted the highest bid, i.e. the Winning Customer, will have entered into a binding agreement with the Auction House which has held the auction, under these Term of Purchase.
If the Customer is a consumer, the Customer has a right to withdraw from a purchase according to the Swedish Act on Distance Contracts and Off-Premises Contracts (2005:59). However, the Customer is not entitled to the right to withdrawal if any of the exceptions in the mentioned laws are applicable.
The Customer shall notify Auctionet or the selling Auction House that the right to withdrawal is used within the withdrawal period of fourteen (14) calendar days as of the day the Customer or the Customers representative receives the Auction Item. Notice of a withdrawal shall contain the Auction Item’s number and the Customer’s name, and be sent to Auctionet or the selling Auction House via the e-mail address [email protected] or the selling Auction House e-mail address. The Customer shall use the same e-mail address as registered under the Customer account. The Customer can also use Auctionet’s form for withdrawal (PDF).
After a Customer has made the withdrawal, the Customer shall on its own expense return the Auction Item within fourteen (14) calendar days. If the Auction Item has been collected by the Customer, the return shall be made to the selling Auction House. If the Customer has chosen home delivery, the Auction Item shall be returned to the selling Auction House. A return shall not be made through cash on delivery. The Customer accounts for the risk of damage or loss of the Item, including the responsibility to pack and take care of the Item to minimize the risk for damages during the transport. Return of Auction Item which is excluded from the right to withdraw according to applicable law will be stored by Auction House for collecting by the Consumer. If the Item is not collected within seven (7) calendar days, the Consumer will be charged a fee and/or the costs for transport .
When the selling Auction House has received a returned Auction Item, the Customer will be repaid within fourteen (14) calendar days, with possible reduction for the Items decreased value due to the Customer’s handling of the Auction Item, possible additional transport costs due to the delivery choice of the Customer other than the standard delivery of Auctionet or the selling Auction House, and storage fees for the days the selling Auction House has stored the Auciton Item and the number of days exceed seven (7) calendar days. Repayment to the Customer will be made in the same form and to the same bank account number or card with has been used for the purchase.
If Auctionet or the Auction House assess that the Customer has abused the right to withdraw from a purchase, i.e the use of withdrawal to get off a bid and therefore influence the bidding process, Auctionet or the Auction House are entitle to shut down the Customer’s account and the Customers access to the Service.
A sales and purchase commission is charged to each individual Auction Item sold as well as category fees, see separate Price List as applicable at each time. The Winning Customer may be subject to payment of droit de suite/artist's fee, see more in section 2.4.
It is the Winning Customer's responsibility to review the current Price List which is published on the Site in order to ensure which fees apply to the purchase of the Auction Item. The Winning Customer shall pay all fees related to the purchase, including statutory taxes. Payment of the purchase price shall take place within five (5) calendar days following the end of the auction.
If the Auction Item is paid for at the Auction House, a receipt will be received in connection with such payment at the Auction House. If the Auction Item is paid for electronically through the Service, a receipt will be received electronically.
If payment has not been made within five (5) calendar days following the end of the auction, the Auction House or Auctionet, acting on behalf of the Auction House, shall have the right to (i) claim payment in accordance with these Terms of Purchase and charge interest on overdue payment corresponding to the Swedish reference rate increased with 8 %, as well as claim statutory reminder's fee, or (ii) cancel the purchase and claim payment for damages, if applicable. In case of cancellation of the purchase, Auction House or Auctionet, acting on behalf of the Auction House, shall have the right to without prior notice to the Winning Customer; resell the Auction Item to the estimated- and reserve price which the Auction House considers appropriate. When reselling the Auction Item, the Auction House or Auctionet on behalf of the Auction House, has the right to deduct reimbursement for claims as well as costs for reselling the Auction Item from the sums then received, which the Auction House may have had. After deducting such sums, any additional sum will be reported to the Winning Customer. The Winning Customer shall pay the difference if the final price received when reselling the Auction Item does not cover the cost which the Auction House has had for reselling the Auction Item. The Winning Customer does not have a right to revoke the purchase under the Distance- and Doorstep Sales Act.
2.5. DROIT DE SUITE/ARTIST'S FEE
Pursuant to applicable copyright laws and the EU directive (2001/84/EG), an additional fee for the right to resale works of art and applied art may be charged. Resale right is copyright law remuneration to the artist (the author) during his or her lifetime and after that, to his or her heirs, which may be claimed for seventy years after the author's death. The remuneration is calculated on the hammer price and shall be paid by the Winning Customer. See the applicable Price List. Auction Items subject to Droit de Suite/Artist's fee are marked at each items page on the Service.
The Auction Item may be collected upon full payment of the purchase price. The Winning Customer will be charged a storage and handling fee in accordance with the current Price List for Auction Items which have not been paid for and collected within five (5) days after the end of the auction. The Auction House has the right to resell, transfer to a storage/forwarding company or to discard an Auction Item that has not been collected within eight (8) calendar days of the end of the auction. Resale, transfer or discard under this section is made at the Customer's expense and, when applicable, in accordance with the terms stated in section 2.3 above.
2.7. PASSING OF RISK; LIABILITY FOR FAULTS
The Auction Item shall be considered as having been delivered to the Winning Customer either when the Winning Customer has collected the Auction Item and thereby having taken possession of the item Auction Item or when the Auction Item has been handed over to a transporter hired by the Winning Customer, whichever is sooner. The risk for the Auction Item passes to the Winning Customer when the Auction Item has been delivered in accordance herewith.
ALL AUCTION ITEMS ARE SOLD 'AS IS'. Before the auction, it is the Customer's responsibility to examine and assess the condition and quality of the Auction Item. Information in the auction list regarding the Auction Item, e.g. an the alleged author of the Auction Item, its authenticity, age, provenance, technique or condition is only to serve as guidance for the Winning Customer's examination of the Auction Item. Depiction of an Auction Item in the auction list is only made for the purpose of identification and can not be used to determine the performance and condition of the Auction Item. Essential information in the auction list, which is directly misguiding, may constitute ground for cancellation of the purchase. The Auction House is under no circumstance responsible for normal wear and tear, damages and defects, relined cloth, the condition of frames, natural changes in material, e.g. bleaching of papers, formation of cracks in wood, or any faults or defects not visible in the picture of the Auction Item in the auction list. The Auction House disclaims, and is not responsible for ensuring that the description of the Auction Item in the auction list is exhaustive in respect of damages, faults or defects. The Auction House takes no responsibility for the function of clocks and clockwork, mechanical or electrified/battery operated. Furthermore, the Auction House takes no responsibility for the content of an Auction Item which is comprised by a set of items. The Auction House has the right to remedy such defects in a purchased Auction Item if the Auction House is to be responsible for the defect. If a remedy is not undertaken within reasonable time from the time of the complaint, the Winning Customer has the right, upon return of the purchased Auction Item, to cancel the purchase and to recover the purchase price paid, which is repayment of the hammer price plus commission and VAT and any other charges paid by the Winning Customer. If the Auction Item is a new item (that is, not a used item), the Winning Customer may retrieve a reduction of the purchase price instead of rectification of the defect.
Any complaint regarding defects in an Auction Item shall be made to the relevant Auction House as soon as possible after the Winning Customer noticed or should have noticed the defect.
The Auction House shall not be held responsible for direct or indirect damages which the Winning Customer may suffer. The Auction House shall not be responsible for direct or indirect damages that may affect Customers through use of the Service or the Site such as damages due to operational interruptions or other interruptions in tele-, computer, or other communication links, computer equipment, computer systems, software or defects or lack of compatibility between computers or other reasons outside the Auction House's control. Furthermore, the Auction House is not responsible for defects or damages caused by the wrongful or unauthorized use of Customer numbers or passwords.
The above does not apply to the extent caused by gross negligence or intent, or not allowed by mandatory consumer legislation.
2.9. FORCE MAJEURE
The Auction House shall not be responsible for losses suffered by the Winning Customer if the Auction House has not been able to carry out its obligations under these Terms of Purchase on account of military operation, industrial conflicts, action by public authority, fire or other accident or circumstances in general beyond its control or which it could not have foreseen (each an event of "Force Majeure"). Either party shall have the right to cancel the purchase if the Auction House has been unable to carry out its obligations under these Terms of Purchase on the account of Force Majeure which has lasted more than three (3) months.
Messages from the Auction House to the Winning Customers and Customers will be posted on the Site and/or may be sent directly to the e-mail address registered by the Winning Customers or Customers in the Customer's user accounts.
Messages to the Auction House shall be sent as stated on the Site.
2.11. CHANGES TO THE TERMS OF PURCHASE
The Auction House reserves the right to change these Terms of Purchase by sending a message to the Winning Customers or by posting the change on the Site. The Winning Customers will be bound by the new Terms of Purchase at the end of a thirty (30) day period if the Winning Customers continues to use the Service thereafter, or by electronic approval if this is required. Furthermore, the Auction House has the right to change the Price List following notification thereof. Changes in the Price List will begin to apply at the end of thirty (30) day period, which shall begin when the message regarding the change in Price List was sent to the Customer or posted on the Site.
2.12. GOVERNING LAW AND DISPUTE RESOLUTION