CONDITIONS OF PURCHASE LIVE AUCTIONS
AS OF 2017-02-15
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 is based on a market appraisal of the item before it is sold at auction and do not constitute a prediction of the sale price but merely serve as guidance to the buyer. 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.
Any defects must be reported without undue delay after the buyer noticed, or should have noticed, the defect. If the buyer is a consumer and has not complained within three years from acceptance of the item he or she will lose the right to file a complaint.
5. LIABILITY FOR DEFECTS
Unless otherwise provided by mandatory law, Bukowskis' liability for defects in purchased items is restricted to the following. If the item is impaired by a defect, Bukowskis shall in the first place have the right to remedy the defect, provided that remedy may be made without unreasonable cost or inconvenience for Bukowskis. In the second place, Bukowskis shall have the right to pay value compensation to the buyer at an amount corresponding to the defect (the value compensation shall be calculated on the basis of the estimated price). If remedying or payment of value compensation cannot be effected, or is not made within reasonable time after the buyer has complained of the defect, the buyer shall be entitled - if the defect is of material importance to the buyer and Bukowskis has realized this - terminate the purchase. In case of termination, the buyer shall be entitled to repayment of the amount which he or she has paid to Bukowskis on account of the purchase against the return of the item.
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. Please note that the Invaluable 5% commission will be added additionally.
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 a 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. If payment is made by credit card, the card company's charge will be added to the total. 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. In case of a resale, the buyer should, if possible, be notified before the sale takes place. If the item is resold, Bukowskis will be entitles to decide on the estimated price as well as whether a reserve bid should be set or not. Bukowskis may satisfy its claims 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 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 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.
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. In doing so, Bukowskis is 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 with respect hereto 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.
Bukowskis shall have the right to resell items that have not been collected within three months from the day of auction in accordance with the terms stated above under the section regarding Payment. In case of a resale, the buyer should, if possible, be notified before the sale takes place.
All transportation of items on behalf of the buyer is carried out at the expense and risk of 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 (1991:115) 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 (EEC) No 116/2009. Applications for such permits shall be sent to the Central Board of National Antiquities, Box 5405, 114 84 Stockholm, Sweden. Bukowskis is able to provide application forms.
16. PERSONAL DATA
Bukowskis is subject to the provisions in the Swedish Personal Data Act (1998:204), the Finnish Personal Data Act (523/1999) and the Finnish Code of Information Society (917/2004). Bukowski Auktioner AB, org.no. 556434-1369, Box 1754, 111 87 Stockholm, e-mail: [email protected]
, phone: +46 8-614 08 00 is the data controller for the personal data submitted to Bukowskis by a Purchaser. Personal data, such as name, address, personal identification number, phone number and e-mail provided in connection with a purchase assignment or otherwise within the scope of a contractual relationship with Bukowskis will be used by Bukowskis for 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, the 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.
17. 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.
18. ALTERNATIVE DISPUTE RESOLUTION
If the parties are unable to resolve a dispute, you as a Customer resident in the EU has the possibility to contact a local alternative dispute resolution committee, i.e. a neutral party that Bukowskis may use to resolve disputes if a consumer initiates an alternative dispute resolution process. You may turn to the National Board for Consumer Disputes, www.arn.se or Box 174, 101 23 Stockholm. You may also use the European Commission's platform for complaints which is available on the European Commission's 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.