As of 2019-03-15
These conditions are applicable on Bukowski Auktioner AB’s/Bukowski Oy Ab’s (”Bukowskis”) live auctions. These conditions are not applicable on auctions of items which Bukowski Auktioner AB/Bukowski Oy Ab offer through their electronic market place on the Internet where the auctions are carried out electronically. For the avoidance of doubt, notwithstanding the previous sentence, these conditions are applicable on bidding instructions submitted over the Internet in accordance to what is stated in section 7 below (Bidding instructions in the auction room, by fax or over the Internet).
2. PRICE ESTIMATES
The price estimate of an item (“Item”) is based on a market appraisal of the item before it is sold at auction and does not constitute a prediction of the sale price but merely serve as guidance to the customer (“the Buyer”). The Buyer is not entitled to make any financial claim against Bukowskis due to Bukowskis' valuation of and/or the quoted estimate price on an Item. The price which an Item is ultimately sold for may differ substantially above – or below – the price estimate.
3. ITEMS’ CONDITION
All Items are sold “as is” and in accordance with the information in the description. It is the Buyer’s responsibility to examine and assess the condition and quality of the Item before the auction takes place. Reproductions are intended for identification purposes only. Bukowskis shall not be liable for any damage or defect which is not apparent from such reproduction. Bukowskis reserves the right to change the description. Changes or amendments will be announced or notified at the time of auction. It is the Buyer’s responsibility to examine and assess the condition and quality of Item before the auction takes place. Published details such as artist (author), authenticity, age, technique, condition or provenance, as well as any details that may have been given in an opinion issued by Bukowskis regarding the Item’s general condition, possible damage or repairs to the Item etc., are merely intended as guidance to the Buyer for his or hers examination of the Item. Bukowskis will not be liable for any misrepresentation of such details unless the misrepresentation occurred through gross negligence. Bukowskis will not be liable for any damage or fault not apparent in such reproduction. Bukowskis is responsible for ensuring that published details, together with any changes and amendments, as to the artist (author) of an Item reflects the generally accepted opinion at the time of publishing. Bukowskis shall not be liable if such details were misrepresented unless the incorrect details were appropriated through gross negligence. Bukowskis will not be liable if the generally accepted opinion as to the artist (author), authenticity, age, technique, condition or provenance of an Item is changed after publishing. Bukowskis is not liable for natural wear and tear, minor damage or defects, any mounting on canvases, condition of frames, naturally occurring changes in materials such as bleaching in paper and cracking in wood, cut margins, stains and yellowing on graphic works. Clocks and clockwork are sold as works of art and Bukowskis offer no warranty for their technical functioning as timepieces. Items are sometimes sold with a specific statement or affidavit from external experts. The sale of an Item occurring without a specific statement/affidavit from external expertise does not constitute grounds for the Buyer not to fulfill his or her obligations under these general terms.
4. LIABILITY FOR FAULTS
Unless otherwise provided by mandatory law, Bukowskis’ liability for defects in purchased Items is restricted to the following. If an Item has a defect for which Bukowskis is responsible, Bukowskis has the right to (i) remedy/ restore the error, (ii) give the Buyer a price deduction that corresponds to the error (the value adjustment shall be based on the final price of the Item, ie what the Buyer has actually paid for the Item, excluding commissions, fees, etc.) or (iii) allow withdrawal of the purchase. If it would occur any uncertainties regarding the Seller's ownership or disposal of the Item, then both Bukowski and the Buyer have the right to cancel the purchase. Upon withdrawal or cancellation, the Buyer shall only be entitled to regain what the Buyer has paid to Bukowskis because of the purchase against return of the Item.
Bukowskis’ maximum liability for the Item is to repay the price paid by the Buyer, i.e. the size of the winning bid or the fixed price together with commission, VAT and other applicable fees which have been paid by the Buyer because of the purchase. The Buyer is not entitled to any additional compensation. Bukowskis is never liable for direct or indirect damages that the Buyer may suffer, except if Bukowskis has been grossly negligent. The Buyer is obliged to take all reasonable and normal measures in order to forestall, prevent or limit loss or damage.
Unless otherwise provided by mandatory law, the Buyer must report any defects immediately after the Buyer noticed or should have noticed the defect, but at the latest:
(i) immediately in connection with the collecting of the Item if the Item is picked up by the Buyer (or the Buyer's Representative) at any of Bukowskis’ delivery points;
(ii) immediately in connection with receiving the Item if the Buyer has ordered home delivery and the Item is delivered to a delivery address specified by the Buyer.
(iii) within one (1) business day from collecting the Item if the Buyer has ordered home delivery and the Item is delivered to a post office or other third party delivery point.
If the applicable deadline is not respected, the Buyer is not entitled to adduce on the current defect. All complaints must be made in writing.
In all circumstances, a complaint must be made within three (3) years from receiving the Item (if the Buyer is a consumer). Otherwise, the complaint is too late, and the defect cannot be adduced.
In the case of unauthorized complaints, Bukowskis keeps the returned Item at the receiving office for the Buyer to collect. If the Item has not been collected within seven (7) calendar days, the Buyer will be charged a storage fee and/or the cost of transportation and storage by a third party in accordance with the terms of section 12 below.
6. BIDDING IN THE AUCTION ROOM
Persons wishing to participate in the bidding at an auction must sign for a numbered paddle at Bukowskis prior hereto. Bukowskis will then have the right to decide whether a paddle is to be handed out and also on an upper limit, if any, of the total purchasing sum. A paddle that has been signed for may be revoked during an on-going auction. Bids shall be made in a clear voice or indicated by a clear sign, such as showing the paddle. When the hammer falls, the highest bidder will be deemed to have entered into a binding purchase agreement and must then show the paddle to the auctioneer for the purchase to be registered. After the auction the paddle must be returned to Bukowskis. The auctioneer has the right to decide by which amount a bid must be raised to be considered as a new bid. If bids are equal, the auctioneer will decide which bid is successful. The auctioneer may ignore any bids made by certain bidders and decide whether bidding is to be resumed if there is any uncertainty as to the last bid made. The auctioneer has the sole right to finally decide in any disputes that may arise during the auction proceedings.
7. BIDDING INSTRUCTIONS IN THE AUCTION ROOM, BY FAX OR OVER THE INTERNET
Bukowskis accepts bidding instructions on behalf of customers, free of charge. Bidding instructions in writing may be handed in at Bukowskis’ premises or submitted by telefax +46 (0)8 611 46 74. In doing so, the customer must produce or fax an identification document and, if applicable, his or her customer number. Bidding instructions in writing must have reached Bukowskis’ customer services department by 05.00 p.m. on the day preceding that day of the auction to which the bidding instructions relate. Bidding instructions may also be submitted over the Internet (www.bukowskis.com) at the day of auction until one hour before the start of the auction. In order to submit bidding instructions over the Internet, the customer must have a registered account with Bukowskis.
Revocation or amendment of bidding instructions must be made in writing in the manner and within the time stipulated for submission of written bidding instructions. Revocation of bidding instructions submitted over the Internet can also be made over the Internet within the time stipulated for submission of bidding instructions over the Internet. Bukowskis reserves the right to disregard bidding instructions if, in Bukowskis opinion, the principal lacks capacity to pay for a submitted bid or if the required identification of the principal is lacking. Bukowskis will treat bidding instructions as confidential and bid as advantageously as possible on behalf of the principal up to the price stated in the bidding instructions. If bids are equal, the first bid received will take precedence for purchase. Alternate bids may only concern two auction items. The principal is responsible to monitor whether submitted bidding instructions have resulted in a purchase. Details of auction results will be given on the Internet at www.bukowskis.com and made available at Bukowskis’ premises. After the auction the Buyer will receive a written confirmation of the purchase from Bukowskis. The principal will be liable for any purchases brought about as the result of unclear or incorrect bidding instructions. All bidding instructions and any revocation or amendment of bidding instructions by fax or over the Internet are made at the sender’s risk. Bukowskis is not liable for any loss which the principal may incur if Bukowskis fails to carry out bidding instructions.
8. TELEPHONE BIDDING
Bukowskis offers telephone bidding facilities. Bidders wishing to bid by telephone must notify this in writing by fax +46 (0)8 611 46 74 sent to Bukowskis’ customer services department no later than 05.00 p.m. on the day preceding that day of auction to which the bid relates. The application must state the Item or Items to which the bidding refers and the telephone number at which the bidder may be reached at the time of the bidding. The application must also include a copy (sent by fax) of the identification document, and, if applicable, the customer number. Telephone bidding facilities are limited to the number of telephone lines available and, if necessary, Bukowskis may decide on the priority between the bidders who have applied for telephone bidding. Telephone bidding is carried out at the bidder’s risk and Bukowskis is not liable if bidding is not made, irrespective of the reason for this. The bidder undertakes to bid minimum the estimated price. The bidder is aware of and accepts that provision of telephone bidding services involves certain efforts and costs for Bukowskis and that, if necessary, Bukowskis may have to decide on priority between the bidders who have applied for telephone bidding. For these reasons, Bukowskis has the right to charge a fixed fee in the amount of SEK 250/25 Euro inclusive of value added tax (“VAT”) if a bidder who has applied for telephone bidding, and who has been accepted by Bukowskis, does not answer on the agreed telephone number at the agreed point of time.
9. BUYER’S PREMIUM
For prices, see current price list.
10. RESALE RIGHT (DROIT DE SUITE)
In accordance with the Swedish and the Finnish Copyright Act (Sweden 1960:729, Finland 404:1961) and the EU Directive 2001/84/EG, an additional fee for the resale right in connection with resale of works of art and applied art will be charged. Resale right is copyright law remuneration to the benefit of the artist (the author) of an original work of art during his or her lifetime and to his or her heirs for seventy years after the author’s death. For fee calculation, see current price list. Auction Items that are subject to droit de suite are marked by (d) in the published details. Amendments in respect of droit de suite for an Item will be announced (amendment list) or notified prior to the auction.
Payment must have reached Bukowskis within 8 working days from the day of auction. Payment may be made to Bukowskis’ bank giro by stating the OCR number or to Bukowskis’ bank account. Payment may also be made at Bukowskis’ cashier’s office by a bank or credit card, a bank money-order made out to Bukowskis or the Buyer or by a Swedish cheque. Eurocheques and foreign cheques are not accepted. For security reasons, Bukowskis cannot accept payment in cash. If payment is not made in due time Bukowskis has the right to take one or several of the following measures:
• Insist on the purchase and demand payment;
• Charge for a reminder in the amount of SEK 50/5 Euro;
• Charge interest on overdue payment by 2% per month;
• Terminate the purchase;
• Resell the Item on the Buyer’s behalf without notification.
If the Item is resold, Bukowskis will be entitled to decide on the estimated price as well as whether a reserve bid should be set or not. Bukowskis may satisfy its claims against the Buyer and costs of selling the Item plus costs for the resale out of the proceeds received. If the sales price and costs of selling the Item plus costs for the resale out of the proceeds received. If the sales price reached at the resale does not cover Bukowskis’ claims and the costs for the resale, the Buyer shall pay the difference. Any balance remaining after settlement will be returned to the Buyer.
12. COLLECTION AND CARE OF ITEMS THAT HAVE NOT BEEN COLLECTED
Purchased Items must be collected within eight (8) working days from the day of auction. Full payment must be received by Bukowskis (and appear on Bukowskis’ bank account statement) before Items may be collected. Any Items not collected within the above stipulated time and for which Bukowskis do not consign to third parties for continued storage, will be subject to a storage charge of SEK 50/5 Euro, including VAT, for each Item and each day. Furniture and other bulky items will be charged twice the storage charge. Storage is at the Buyer's expense and risk. If the Item is not collected within the above stipulated time, Bukowskis will take reasonable measures for the care and custody of Item on the Buyer’s behalf. Bukowskis is, also then, entitled to carefully consign the Item to a third party for continued custody after which Bukowskis’ duty of care will cease. All costs for transportation and storage incurred by Bukowskis upon handing over to third parties for storage will be charged to the Buyer. At the Buyer’s request, Bukowskis will arrange for transport of Items to its branches in Gothenburg, Malmö and Helsinki. A transportation fee according to a separate pricelist will then be charged. All transportation of Items on behalf of the Buyer is carried out at the expense and risk of the Buyer.
If the Buyer does not collect the Item within three (3) months of notice, Bukowskis has the right to sell the Item in accordance with the Act (Swedish 1985:982, Finnish 1988/688) on business proprietors’ right to sell items that have not been collected. The sales revenue shall primarily cover the costs of the sale and the external storage/transport company’s claims and subsequently cover Bukowskis’ due claims against the Buyer. Any surplus shall be paid to the Buyer. As soon as the Item has been collected from Bukowskis, the risk and responsibility of the Item is transferred to the Buyer.
13. FINAL PRICE LIST
Final price lists after an auction will be available at Bukowskis’ premises and on the Internet at www.bukowskis.com.
Bukowskis may photograph or otherwise reproduce items for printing purposes, advertisements and other documentation purposes. Such photographs and other reproductions are the property of Bukowskis and may be used for purposes unrelated to the commission assignment.
15. EXPORT PERMIT
The Heritage Conservation Act (1988:950) stipulates a permit requirement for export of certain older Swedish and foreign cultural objects specified in said statute. According to the Finnish Act of Restrictions of Export of Cultural Objects (933/2016) a permit is required for exporting cultural objects out of Finland to other members of the EU. Cultural objects that are to be exported outside the European Union also require a specific export permit in accordance with the Council Regulation (EC) No 116/2009. The Buyer is independently responsible for any permits required by this legislation and shall be responsible for all costs associated therewith. Bukowskis has no liability in this respect. Applications for such permits shall in Finland be sent to Museiverket and in Sweden to the Swedish National Heritage Board, Box 5405, 114 84 Stockholm, Sweden. Bukowskis is able to provide application forms.
16. FORCE MAJEURE
If Bukowskis or Bukowskis’ sub-contractor is prevented from or delayed in fulfilling its obligations under these terms and conditions due to a Force Majeure event, Bukowskis cannot be held liable for any damages or other sanctions, provided that Bukowskis within reasonable time, informs the customer hereof. As soon as the Force Majeure event has ceased the obligation shall be fulfilled as agreed. A Force Majeure is an unforeseeable event that is beyond the control of Bukowskis, e.g. natural disaster, fire, flooding, war, warlike event, revolution, confiscation, seizure, nuclear process, terrorism/terrorist act, new or amended legislation, acts of government or labour dispute. The Purchaser may cancel the purchase agreement if Bukowskis is unable to fulfil the purchase within three (3) months due to such a Force Majeure event.
17. THE DISTANCE CONTRACTS ACT
According to chapter 2 section 11 item 10 in the Distance and Off-Premises Contracts Act (2005:59), the right of withdrawal shall not apply to contracts which ”are concluded at an auction, where it is possible to participate in the auction also in another way than through using a means for distance communication”. Thus, the right of withdrawal does not apply on items purchased on live auctions.
18. PERSONAL DATA
Bukowskis is subject to the provisions of the Swedish Act of Complementary Provisions to the General Data Protection Regulation (2018:218), the Finnish Personal Data Act (523/1999), the Finnish Code of Information Society (917/2014) and the General Data Protection Regulation (2016/679). Bukowski Auktioner AB, org.no. 556434-1369, Box 1754, 111 87 Stockholm, e-mail: email@example.com, phone: +46 8-614 08 00 is the data controller for personal data submitted by you as customer to Bukowskis.
Personal data, such as name, address, personal identification number, phone number and e-mail address provided in connection with a sales assignment or otherwise within the scope of a contractual relationship with Bukowskis will be used by Bukowskis for the administrative purposes and performance of Bukowskis’ obligations related to the auction business, in order to provide good service and to fulfill obligations according to applicable law. The personal data may also be processed for market and customer analyses and statistics as well as for marketing purposes. Personal data may be updated and supplemented through collection from private and public registers. For the above-stated purposes, personal data may be disclosed to other companies within the Bukowskis group and to companies which the group cooperates with. After a written request hereof, a customer is entitled to receive written information of personal data registered by Bukowskis and how the data is used. The customer is also entitled to request Bukowskis to correct or remove inaccurate data. A person who does not want his or her personal data to be used for direct marketing purposes shall make a written request regarding this to Bukowskis.
19. ADDITIONAL LANGUAGE VERSIONS
These general conditions of purchase have been translated into other languages (at present Swedish and Finnish). In case of any inconsistencies between the different language versions, the Swedish version shall have precedence.
In case of complaints where the parties fail to agree, you as a customer resident in the EU has the possibility to turn to, in Finland; the Consumer Disputes Board, www.kuluttajariita.fi/en, and in Sweden; the National Board for Consumer Disputes (ARN), www.arn.se or Box 174, 101 23 Stockholm. You can also use the EU Commission complaint platform available on the EU Commission website.
Any dispute arising out of, or in connection with an agreement regarding items received for sale in Sweden shall be settled in accordance with Swedish law and by general courts with the District Court of Stockholm as first instance. Any dispute arising out of, or in connection with an agreement regarding items received for sale in Finland shall be settled in accordance with Finnish law and by general courts with the District Court of Helsinki as first instance.