Full terms and conditions of buying at auction.
1. BIDDING
1.1 Participation in bidding takes place with a customer number and password obtained after application. Bids submitted are binding.
1.2 The buyer will be the person who has submitted the highest accepted bid at the end of the auction. If two bidders have submitted equal bids, the first bid submitted is the winner.
2. Bid on Behalf
2.1 Participation in the bidding can also be done by submitting a "Bid on Behalf" in writing to Bergvik's Auctionstjänst
2.2 When asking Bergvik's Auktionstjänst to bid on your behalf, identification must be presented. Bergvik's Auctionstjänst reserves the right to disregard orders if the client is not deemed to have the ability to pay for the submitted bid.
2.3 Bergvik's Auctionstjänst treats all orders confidentially and bids on behalf of the client as favorably as possible.
2.4 The buyer is the person who has submitted the highest bid at the end of the auction. If two bidders have submitted equal bids, the first bid submitted is the winner.
2.5 Bergvik's Auktionstjänst is not responsible for any damage that may be caused to the client if Bergvik's Auktionstjänst fails to perform a bid on behalf.
2.6 The client is responsible for purchases registered on the basis of an unclear or incorrect call for bids.
3. ESTIMATE
An item's hammer price is based on a market-adjusted valuation of the item performed by Bergvik's Auctionstjänst. The estimated price serves only as a guide and the price at which an item is sold may differ significantly from the hammered price.
4. FEES FOR PURCHASES
4.1 Upon purchase, each auction item is subject to a fee of 15% incl. VAT on the hammered amount and a hammer fee of SEK 50 incl. VAT.
4.2 In accordance with the Act (1960:729) on Copyright in Literary and Artistic Works, a droit de suite/following right of a maximum of 5% of the hammer price is added to the sale of works of art, ceramics, glass, silver, furniture and textiles. Only works protected by copyright are covered. Copyright protection lasts for 70 years after the year of an author's death. Excluded from droit de suite are sales not exceeding 5% of the price base amount and works of art produced in several identical copies. Works subject to droit de suite are marked with information about the resale right in connection with the cataloging.
5. RESULTS
5.1 It is the buyer's responsibility to check whether a Bid on Behalf has resulted in a purchase.
5.2 After the auction, the buyer receives a confirmation of the purchase, either by e-mail or by letter, or alternatively the confirmation and invoice can be obtained under My Pages.
6. PAYMENTS
6.1 Payment can be made to our bank account 896-87 11. Enter customer number when paying. Payment can also be made by card on the website or at our premises, via swish, card or cash. We do not accept American Express. Payment must be made within 7 days after the auction.
6.2 If payment is not made in time according to section 6.1, Bergvik's Auktionstjänst is entitled to take one or more of the following measures:
(i) Cancel the purchase.
(ii) Demand payment.
(iii) Charge SEK 50 in reminder fee.
(iv) Charge penalty interest of 2% per month
(v) Resell the item on behalf of the buyer without special notice to the buyer.
Bergvik's Auktionstjänst has full and unrestricted right to determine the auction price and whether or not the item should be assigned a monitoring price. Bergvik's Auktionstjänst has the right to withdraw compensation from the collected amount for all claims that Bergvik's Auktionstjänst has against the buyer.
7. PICK UP WON ITEMS
7.1 Purchased items can be collected as soon as full payment has been made and received by Bergvik's Auktionstjänst. Items must be collected within 7 days after the auction.
7.2 For items not picked up in time according to item 7.1, a storage fee of SEK 20 incl. VAT is charged per calendar day.
7.3 Bergvik's Auktionstjänst's responsibility for the care of the items ceases if they are not collected in time according to item 7.1.
7.4 For items that have not been picked up within 7 days after the auction, Bergvik's Auktionstjänst is entitled to take the following measures:
(i) Transfer of items to the warehouse of a forwarding company of choice. All transportation and storage costs are charged to the buyer.
(ii) Resale of the item on behalf of the buyer without special notice to the buyer.
Bergvik's Auktionstjänst has full and unrestricted right to determine the auction price and whether or not the item should be assigned a monitoring price. Bergvik's Auktionstjänst has the right to withdraw compensation from the collected amount for all claims that Bergvik's Auktionstjänst has against the buyer.
7.5 All transportation of items to the buyer is at the buyer's expense and risk. Transportation fees are charged according to the current price list.
8. RESPONSIBILITY FOR ERRORS
8.1 All items are sold in their existing condition. It is the responsibility of the buyer to assess the condition and nature of the item through their own examination of the item before the auction. Bergvik's Auktionstjänst is not responsible under any circumstances for natural wear and tear, minor damage and defects, possible lining of canvases, condition of frames, natural changes in living materials such as fading of paper and cracks in wood.
8.2 Clocks and watches are sold as art objects and Bergvik's Auktionstjänst is not responsible for their technical function as timekeepers. We are not responsible for the function of mechanical or electrified/battery-powered objects.
8.3 Information provided regarding e.g. author, authenticity, age, technique, provenance or condition only serves as guidance for the buyer in his/her examination of the object. Bergvik's Auktionstjänst is not responsible for such information being incorrect unless the incorrect information was provided through gross negligence.
8.4 Imaging of objects is only for identification purposes. Bergvik's Auktionstjänst is not responsible for damage or defects that are not apparent from such imaging.
8.5 Items are sold in accordance with the description provided. Bergvik's Auktionstjänst reserves the right to change such description. Such changes are stated separately.
8.6 Bergvik's Auktionstjänst is entitled to remedy such defects in sold items that Bergvik's Auktionstjänst is responsible for. If the remedy does not take place within a reasonable time from the complaint regarding defects, the buyer is entitled to cancel the purchase and against the return of the item receive the amount paid to Bergvik's Auktionstjänst at the time of purchase. The buyer is not entitled to any further compensation.
8.7 Any errors shall be reported immediately after the buyer has discovered or should have discovered the error, but no later than 7 days after the auction day. Complaints regarding information about the author as stated in section 8.3 shall, however, be made within 3 years of the purchase.
8.8 Bergvik's Auktionstjänst's liability for errors is limited to what is stated in these terms and conditions.
8.9 Bergvik's Auktionstjänst does not guarantee that the services on https://www.auktionstjanst.se are constantly available. Bergvik's Auktionstjänst is not responsible for any inconvenience or financial effects that affect customers due to the bidding function or other functions not being available at any time.
9. RIGHT OF WITHDRAWAL
9.1 Buyers who are not registered as a business customer have a right of withdrawal in accordance with the Act (2005:59). Exceptions to the right of withdrawal stated in the said law are fully applied to purchases.
9.2 Purchases must be canceled within the withdrawal period, which is a period of 14 days from the day the buyer receives the purchased item in his possession. Notice of a canceled purchase must be submitted to Bergvik's Auktionstjänst in writing by email or letter within the withdrawal period. Please do this by sending an email to info@auktionstjanst.se.
10. DELIVERY DELAY
10.1 If the delivery delay due to circumstances for which Bergvik's Auktionstjänst is responsible lasts more than 20 working days and is of significant importance to the buyer and Bergvik's Auktionstjänst failed to realize this, the buyer may, by written notice to Bergvik's Auktionstjänst, cancel the purchase and receive the amount paid to Bergvik's Auktionstjänst at the time of purchase. The buyer is not entitled to any further compensation.
10.2 Bergvik's Auktionstjänst's liability in case of delay is limited to what is stated in these conditions.
11. FORCE MAJEURE
11.1 Bergviks Auktionstjänst is exempt from penalties for failure to fulfill a certain obligation under this agreement if the failure is based on a circumstance of the kind specified below and the circumstance prevents or significantly impedes the timely fulfillment thereof. Relevant circumstances shall include acts of war, currency restrictions, scarcity of means of transportation, fire, government action, changes in legislation, labor disputes, general scarcity of goods, restrictions on motive power, accidents or similar circumstances. If Bergviks Auktionstjänst's fulfillment of a certain obligation is delayed by more than three months due to an exonerating circumstance, the buyer is entitled to cancel the purchase in writing without compensation.
12. DISPUTE
12.1 Any dispute regarding these terms and conditions shall be settled according to Swedish law by a court in Sweden.
These conditions apply from 2023-09-11
Bergviks Auktionstjänst i Söderhamn AB
Bäckforsvägen 11
826 67 Bergvik
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