Major amendments of the previous version of our terms
- We have clarified what applies to the right of withdrawal at auctions where it is possible to attend both on site and remotely (section 2.3).
- We have clarified which measures may apply in the event of delayed payment (section 2.4).
- We have clarified what applies regarding additional fees in the event of delayed collection and the right to resale, as well as the identification requirements that apply when collecting Auction Items via agents or by own transport solution (section 2.6).
- We have added sections regarding obligations under the Anti-Money Laundering Act and export of cultural objects (sections 2.13 and 2.14)
- We have updated our pricing list.
Auction Network Sweden AB, reg. no.556859-5150, (“Auctionet”) offers an electronic market place via the Internet (the "Service") on the website 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. Customer who purchases an Auction Item by winning an auction, will purchase the Auction Item from the Auction House which has held the auction. Therefore, the 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 be responsible for any defects and for receiving and handling complaints regarding the Auction Item in relation to the Customer. Auctionet will not be liable to the Customer for complaints regarding the Auction Item. Auctionet will only be liable to a 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. A Customer may only have one user account for bidding.
1.2 PERSONAL DATA
1.3 USE OF THE SERVICE
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. 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 a Customer who has purchased an Auction Item on the Site 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/VALUATION
The estimated valuation 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 estimate should only serve as guidance for the Customer. The price at which Auction Items are finally sold can be substantially higher or lower than the valuation. 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 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 Website. A buyer's commission and hammer fee are added to submitted bids according to the price list in force at any given time. For some auction items, there is also a fee for resale rights (droit de suite). All fees added to the Auction Item are stated, unless otherwise specifically stated, in the same currency.
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, in some cases, submit a bid on the premises of the relevant Auction House.
It is forbidden to participate in bidding on own submitted Auction Items and to manipulate bidding through agents or in other ways.
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 Customer, will have entered into a binding agreement with the Auction House which has held the auction, under these Term of Purchase.
In the event that the Auction Item has been sold through an auction that has only taken place remotely, the Customer as a consumer has the right of withdrawal in accordance with the Act (2005:59) on Distance Contracts and Off-Premises Contracts. The customer has no right of withdrawal when purchasing Auction Items at an auction where it is possible to attend both on site and remotely. If the customer is a legal entity, there is no right of withdrawal in any case.
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 firstname.lastname@example.org 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.
Notification of right of withdrawal must be sent from the same email address that the Customer has registered in their user account and contain the Auction Item's item number and the Customer's name, and be submitted to Auctionet via e-mail (email@example.com) or to the Auction House.
After a Customer has made the withdrawal, the Customer must return the Auction Item to the Auction Company at their own expense within fourteen (14) days. If the Auction Item has not been returned to the Auction Company within fourteen (14) days of the Customer notifying the Auction Company of the exercise of the right of withdrawal, the Customer shall be considered still bound by the purchase, whereby no refund to the Customer will take place.
Auction items may not be returned against payment on delivery. The customer bears the risk that the Auction Item is damaged or lost during the return and is obliged to package and handle the Auction Item in such a way that it is not damaged during transport.
Returned Auction Items that is not covered by the right of withdrawal are kept by the Auction House for pickup by the Customer for seven (7) calendar days (not including the day the Auction Item was returned to the Auction House). For returned Auction item that is not covered by the right of withdrawal and that is not collected by the Customer within seven (7) calendar days, the Customer will be charged a storage fee and/or the cost of transport.
When the Auction House has received the Auction Item, the amount paid will be refunded to the Customer within fourteen (14) days, with deductions for any reduction in value of the Auction Item that has been caused by the Customer handling the Auction Item to a greater extent than necessary, due to damage and wear and tear on the Auction Item which accrued during the return as well as a storage fee for the days the Auction House stored the Auction Item and which exceeds seven (7) calendar days.
Refunds to the Customer will only made in the same form and to the same account number or card used by the Customer at the time of purchase.
If Auctionet or the Auction Company deems that the Customer is abusing the right of withdrawal, e.g. by using the right of withdrawal to avoid sticking to bids placed or with the aim of influencing the final price of Auction Items, the Auction and the Auction House reserves the right to close the Customer's account and the Customer's access to the Service.
For each individual Auction Item sold, a sales commission and a hammer fee are added, according to the price list.). In the event that the Auction Itemis subject to resale rights, the Customer shall also be responsible for payment of resale rights/artist's fee according to section 2.5.
It is the Customer's responsibility to consult the current price list published on the website in order to find out which fees apply to the purchase of Auction Items. The customer shall pay all fees related to the purchase, including statutory taxes.
Payment of Auction Item must take place within five (5) calendar days after the end of the auction (not including the day on which the auction for the Auction Item ended). Due to the fact that each Auction Item and individual auction is unique, that the number of bidders and interest in the Auction Item can vary significantly from day to day, which can result in a significantly lower final price for the Auction Item upon resale, as well as the additional additional work in the form of logistics and administration that the resale of the Auction Item entails for the Auction House, it is essential for the Auction House that the Customer pays for the Auction Item on time.
If the Customer does not pay for the Auction Item within five (5) calendar days after the end of the auction (not including the day on which the auction for the Auction Item ended) this constitutes a material breach of contract after which the Auction House or Auctionet, on behalf of the Auction House, has the right to (i) demand that payment be made in accordance with these Terms and Conditions and demand interest on late payment in accordance with the Interest Act (1975:635), and/or (ii) cancel the purchase of the Auction Object in accordance with Chapter 7 § 6 of the Consumer Purchase Act (2022:260).
If the Auction House cancels the purchase, the Auction House or Auctionet, on behalf of the Auction House, has the right, without first notifying the Customer, to resell the Auction Item at the valuation and the monitoring price that the Auction House or Auctionet deems appropriate. If the Customer pays for the Auction Item after cancellation has taken place, the Auction House must refund the amount paid to the Customer.
If payment for an Auction Item is made atthe Auction House, a receipt will be received in connection with the payment. If payment for the Auction Item is made electronically through the Service, a receipt will be received electronically.
2.5 DROIT DE SUITE/RESALE RIGHT
In accordance with applicable copyright legislation and the EU Directive (2001/84/EC), an additional fee for resale rights may be added to the resale of works of art and works of applied art. Resale right is a copyright compensation to the artist (author) during his or her lifetime and thereafter to his or her heirs for seventy (70) years after the year in which the artist died. The fee is calculated on the hammered price and shall be paid by the Customer. See the current price list at any time. Auction Items subject to additional fee are marked at each items page on the Service.
The Auction Item may be collected upon full payment of the purchase price.
After the auction has ended, the Auction House stores the Auction Item at no cost to the Customer for five (5) days (not including the day the auction for the Auction Item ended).
Auction Items that have been paid for but not collected within five (5) calendar days after the end of the auction are stored and handled by the Auction House at the Customer's risk and expense. In the case of storage in the Auction House's own premises, the Auction House has the right to charge the Customer a storage and handling fee according to the price list applicable at any time. The Auction House also has the right to hand over the Auction Item to any external storage/forwarding company for transport/storage with a third party, whereby the Customer must bear all costs for such transport/storage.
If the Customer has paid but not collected the Auction Item within three (3) months from receving a request from the Auction House to collect the Auction Item, the Auction House has the right to sell the Auction Item in accordance with the provisions of the Act (1985:982) on the right of traders to sell items that have not been collected. The sales compensation shall primarily go to cover the costs of the sale and storage/forwarding fees and then to cover the Auction House's overdue claims on the Customer. Any excess must be paid to the Customer.
The Customer must always present valid identification to the Auction House when collecting the Auction Item. In the event that the Customer wishes to collect the Auction Item through an agent or its own hired transport company, the Customer must notify Auctionet or the Auction House of which agent or which own transport company is to be authorized to collect the Auction Item. If the Customer has not previously presented valid identification to the Auction House on site, the agent/transport company must present a certified copy of the Customer's identification to the Auction House before collection of the Auction Item may take place.
Certification means that a person other than the buyer and the agent certifies that the copy corresponds to the original and signs with signature, name clarification and telephone number.
The customer can also submit a certified copy of their identification to the Auction House via e-mail before collection through an agent/transport company. In the event that the House finds reason to question the Customer's identity or the validity of the power of attorney, the Auction House has the right to decide that collection may only take place on site by the Customer upon presentation of valid identification.
2.7 PASSING OF RISK; LIABILITY FOR FAULTS
The auction item is considered delivered to the Customer either when the Customer has collected the Auction Item from the Auction House and thereby having taken possession of the Auction Item, or when the Auction Item has been handed over from the Auction House to an agent or transport company hired by the Customer, depending on which occurs first. The risk for the Auction Item passes to the 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 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 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 Customer. If the Auction Item is a new item (that is, not a used item), the 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 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 Change of the Purchase Terms
Auctionet and the Auction House have the right to change these Purchase Terms by sending a notice to the Customer or by leaving a notice of the change on the Website. The Customer will be bound by the new Purchase Terms after the expiration of 30 days thereafter, if the Customer continues to use the Service thereafter, or if required, by the Customer's electronic approval. Auctionet and the Auctionet House also have the right, after notification, to change the price list. Changes to the price list take effect 30 days after the change notice was sent to the Customer or announced on the Website.
2.12 GOVERNING LAW AND DISPUTE RESOLUTION
Swedish law will apply to these Purchase Terms, excluding the United Nations Convention for the International Sale of Goods 1980 (CISG). Disputes regarding the validity, interpretation, applicability or the applicability of these Purchase Terms, and the legal relations arising therefrom, shall be settled by the general courts of Sweden, whereas disputes with a Customer being a legal person regarding the validity, interpretation, applicability or the applicability of these Purchase Terms will be settled by the Stockholm District Court as court of first instance. If the Customer is a consumer, the dispute may also be tried by the National Board for Consumer Disputes (ARN).
Auctionet and the Auction House apply the Act (2017:630) on measures against money laundering and the financing of terrorism ("Money Laundering Act") or equivalent national legislation in all of their operations. The Money Laundering Act includes, among other things an obligation for the Auctionet and the Auction House to identify each Customer and carry out customer due diligence measures. In connection with customer due diligence measures, the Customer may be asked to submit authenticated documentation that proves the Customer's information about the purpose and nature of the business relationship. Auctionet has the right to deny access to the Service to a Customer who does not submit the requested documentation.
Export from Sweden of certain older Swedish and foreign cultural objects may require a special permit according to the Cultural Environment Act (1988:950). Export of cultural objects from the EU may also require a special export license according to Council Regulation (EC) No. 116/2009. Customer is independently responsible for obtaining and costs for any permits required for the export of Auction Items from Sweden and/or the EU.